Sharing Arrangements. (a) The Secured Creditors hereby agree that the provisions of the U.S. Pledge Agreement with respect to allocations, priorities and distributions of proceeds of the Intermediate Holdco Collateral shall prevail notwithstanding any event or circumstance, including, without limitation, in the event that, through the operation of any bankruptcy, reorganization, insolvency or other laws or otherwise, any Secured Creditor’s security interest in the Intermediate Holdco Collateral is avoided in whole or in part or is enforced with respect to some, but not all, of the respective Obligations then outstanding.
(b) The Secured Creditors agree that none of them shall be entitled to benefit from any avoidance action affecting or otherwise relating to any distribution or allocation made in accordance with the Security Documents, whether by preference or otherwise, it being understood and agreed that the benefit of any such avoidance action otherwise allocable to them shall instead be allocated and turned over for application in accordance with the priorities set forth in the U.S. Pledge Agreement.
(c) In the event that any payment or distribution shall be received by any Secured Creditor in a manner that is inconsistent with the provisions of Section 9 of the U.S. Pledge Agreement, such payment or distribution shall be held by such Secured Creditor for the benefit of, and shall be paid over or delivered to, the respective Secured Creditors entitled thereto for application to such Secured Creditors’ Obligations (including, without limitation, all interest that accrues after the commencement of any case, proceeding or other action relating to the bankruptcy, insolvency, reorganization or similar proceeding of any Pledgor at the rate provided for in the respective documentation for such Obligations, whether or not a claim for post-petition interest is allowed in any such proceeding) in accordance with Section 9 of the U.S. Pledge Agreement.
Sharing Arrangements. Any Sharing Arrangement between a Mission Entity and a Shared Services Party, shall (i) be revoked, cancelled, terminated or expired by its terms and not renewed or any default has occurred under any such Sharing Arrangement, in each case which would have a Material Adverse Effect or (ii) be amended at the request of any Governmental Authority, which amendment would have a Material Adverse Effect, or (iii) cause any Nexstar Entity or Mission Entity not to comply with the multiple ownership rules of the Communications Laws, which non-compliance would have a Material Adverse Effect; or
Sharing Arrangements. If a VECP is approved by the COUNTY, the Contractor may be entitled to share in both construction savings and collateral savings to the full extent provided for in this subsection. Except for innovative ideas, the Contractor and the County shall each receive 50 percent of net reduction in the cost of performance of this Contract. For innovative ideas, the reduction in the cost of performance shall be shared as follows: ACCRUED NET CONTRACTOR’S COUNTY’S SAVINGS SHARE % SHARE % Less than $25,000 85 15 $25,000 to $50,000 75 25 Over $50,000 50 50 If an approved change is identical or similar to a previously submitted VECP or an idea previously utilized by the County it will not be considered an innovative idea, thus, will only qualify for a 50 percent sharing of savings. When collateral savings occur, the Contractor shall receive 20 percent of the average one year’s net collateral savings. The Contractor shall not receive construction savings or collateral savings on optional Work listed in this Contract until the County exercises its option to obtain that Work.
Sharing Arrangements. All Sharing Arrangements entered into between any Loan Party or any of its Subsidiaries and any other Person that are effective on the Closing Date are listed on Schedule 4.28, and full and complete copies thereof have been delivered or made available to the Administrative Agent.
Sharing Arrangements. Neither American Plastics Company, Inc. nor New England Extrusion Inc. is a party to or bound by any Tax allocation agreement, Tax sharing agreement or contract pursuant to which American Plastics Company, Inc. or New England Extrusion Inc. has any liability for the Taxes of any other person or entity.
Sharing Arrangements. (a) Where the Shipper shares a Receipt Point (a Shared Receipt Point) with Other Shippers then:
(i) the terms set out in Schedule 5 shall apply for the purposes of determining the quantity of Natural Gas allocated as being received on the Shipper’s account at that Receipt Point;
(ii) the Service Provider shall ensure that the terms set out in Schedule 5 are also incorporated into the Gas Transportation Agreement of those Other Shippers; and
(iii) if requested by the Service Provider, the Shipper will appoint the Service Provider (or another person as agreed between the Shipper, the Service Provider and the Other Shippers) as the common allocation agent to administer that Shared Receipt Point.
(b) Where the Shipper shares a Delivery Point (Shared Delivery Point) with Other Shippers then:
(i) the terms set out in Schedule 4 shall apply for the purposes of determining the quantity of Natural Gas allocated as being delivered on the Shipper’s account at that Delivery Point;
(ii) the Service Provider shall ensure that the terms set out in Schedule 4 are also incorporated into the Gas Transportation Agreements of those Other Shippers; and
(iii) if requested by the Service Provider, the Shipper will appoint the Service Provider (or another person as agreed between the Shipper, the Service Provider and the Other Shippers) as the common allocation agent to administer that Shared Delivery Point.
Sharing Arrangements. (a) Where the Shipper shares a Receipt Point or a Delivery Point with Other Shippers, the Shipper must enter into formal arrangements, on terms acceptable to the Service Providers, with the Service Providers, the Other Shippers and the operators of interconnecting facilities in relation to:
(i) Daily Nominations and allocation of quantities of Natural Gas delivered or received; and
(ii) the communication of those allocations, for each Shipper at that shared Receipt Point or Delivery Point.
(b) The quantities so allocated as being received or delivered on the Shipper's behalf will be applied for the purposes of determining:
(i) Transportation Charges;
(ii) Overrun Gas;
(iii) Imbalance quantities;
(iv) Overrun Charges;
(v) Imbalance Charges;
(vi) Odourisation Charges;
(vii) Imbalance Settlement Charges; and
(viii) other charges, determined with reference to quantities of Natural Gas transported or measured, if any, to the Shipper's account.
Sharing Arrangements.
5.6.1 The Participants acknowledge that the transparency and visibility of the legal and commercial arrangements between them and between the Participants and the Owner is essential for the successful delivery of the Project and in order to deliver the commitments set out in this Section 5.
5.6.2 Accordingly, at the Commencement Date and at all times thereafter, each Participant severally warrants to each other Participant and the Owner that it and none of its Affiliates have entered and will not enter into any sharing arrangement, joint venture, partnership or other similar arrangement with any of the other Participants or any of their Affiliates in relation to any legal or beneficial interest in its: allocation under this Agreement of any Actual Costs or Fee; allocation of Gainshare, Painshare, Performance Reward Amount, or Performance Liability Amount under this Agreement; or rights or liabilities arising under Section 6.4, (“Sharing Arrangement”), and that all legal, commercial and financial arrangements between it or any of its Affiliates and the other Participants or any of their Affiliates in relation to the Project and its rights and liabilities under this Agreement are exclusively and exhaustively set out in this Agreement.
5.6.3 A breach of this Section 5.6 will be deemed to be a Wilful Default by any Participant who is party to the relevant Sharing Arrangement.
Sharing Arrangements. It is understood between the parties that there are with respect to personnel and facilities existing arrangements between MEDIA and companies belonging to the group of companies to which Sellers belong. Such presently existing arrangements are set out in Schedule 6.9, which Schedule also specifies the basis on which charges for the sharing arrangements are calculated and imposed. Page 19 Parties agree that the sharing arrangements shall be continued after the Closing Date as per the specifications of Schedule 6.9, subject however to review from time to time, whereby the actual requirements of MEDIA for such services and the current market rate for such services shall be the basis.
Sharing Arrangements. The introduction of job sharing arrangements will be subject to the mutual agreement between the Union, the Hospital, and the employees who wish enter into an agreement. The initiai job sharing arrangement will be on a trail basis for a period of up to six (6) months, subject to review by the parties before confirmation. It is agreed that the conditions set out below shall govern the arrangements. Job sharing requests with regard to full-time positions shall be considered on an individual basis and the Hospital, the Union, and the concerned employees must agree to a job-sharing arrangement. Total hours worked by the job sharers shall equal one full-time position. The divisions of these hours on the schedule shall be determined by agreement between two (2) employees with the approval of the immediate supervisor. sharers shall not be required to work any tours outside of the tours of the full-time position unless mutually agreed. The above schedules shall conform with the scheduling provisions of the time Collective Agreement. Each job sharer may exchange with partner, as well as with other employees as provided by the Collective Agreement. The job sharers involved will have the right to determine which partner works on scheduled paid holidays and job sharers between them, shall only be required to work the number of paid holidays that a full-time employee be required to work. Job sharers will be requested to cover each other's incidental absences due illness, where possible. The unit will contact a job sharer to arrange coverage when the partner is unavailable for tour. Job sharers will not be required to cover for their partner in case of prolonged or extended absences. During any long-term leaves of absence, the partner in a job sharing arrangement will be offered the opportunity to resume the full time position for the duration of partner's absence. Any such will be negotiated with the unit supervisor.
