SO ORDERED Sample Clauses

SO ORDERED. Dated: The Xxxxxxxxx Xxxxxxx X. Pallmeyer UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS XXXXXXXXX XXXXXXXX XXXX, et al.,
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SO ORDERED. Date: XXX. XXXX X. MARTINEZ
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SO ORDERED. It is hereby certified by this Board that the above language is a copy of the Order entered upon its journal in this case.
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SO ORDERED. On 18 May 2007, petitioner filed a Motion for Reconsideration,18 which was denied in an Order19 dated 16 August 2007. Xxxxxxxxx, petitioner appealed to the CA on 19 December 2007.20 On 17 March 2010, the CA rendered a Decision21 in favor of private respondent, as follows: In fine, public respondent SSC had sufficient basis in concluding that private respondent’s husband was an employee of petitioner and should, therefore, be entitled to compulsory coverage under the Social Security Law. Having ruled in favor of the existence of employer-employee relationship between petitioner and the late Xxxxx Xxxx, it is no longer necessary to dwell on the other issues raised. Resultantly, for his failure to report Xxxxx Xxxx for compulsory social security coverage, petitioner should bear the consequences thereof. Under the law, an employer who fails to report his employee for social security coverage is liable to [1] pay the benefits of those who die, become disabled, get sick or reach retirement age; [2] pay all unpaid contributions plus a penalty of three percent per month; and [3] be held liable for a criminal offense punishable by fine and/or imprisonment. But an 17 CA rollo, pp. 79-87. 18 Xxxxx, pp. 108-110. 19 Id. at 107. 20 Id. at 37-52. 21 Id. at 54-65. employee is still entitled to social security benefits even is (sic) his employer fails or refuses to remit his contribution to the SSS. WHEREFORE, premises considered, the Resolution appealed from is AFFIRMED in toto. In holding thus, the CA gave credence to the findings of the SSC. The appellate court held that it “does not follow that a person who does not observe normal hours of work cannot be deemed an employee.”22 For one, it is not essential for the employer to actually supervise the performance of duties of the employee; it is sufficient that the former has a right to wield the power. In this case, petitioner exercised his control through an overseer in the person of Xxxxx Xxxxxx, the tenant on petitioner’s land.23 Most important, petitioner entered into a Compromise Agreement with private respondent and expressly admitted therein that he was the employer of the deceased.24 The CA interpreted this admission as a declaration against interest, pursuant to Section 26, Rule 130 of the Rules of Court.25 Hence, this petition. Public respondents SSS26 and SSC27 filed their Comments on 31 January 2011 and 28 February 2011, respectively, while private respondent filed her Comment on 14 March 2011.28 On 6 March 20...
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SO ORDERED. XxxxxxxxXXxxxxxxxx, Xxxxxx, XxxxxxXXxxxxxx, and Xxxxxx, XX., concur. vs. XXXXX, X.: The case before the Court is a petition for certiorari1 to annul the following orders of the National Labor Relations Commission (hereinafter referred to as "NLRC") for having been issued without or with excess jurisdiction and with grave abuse of discretion:2
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SO ORDERED. Xxx (Chairman), Narvasa, Xxxxxxxx-Xxxxxxx, and Xxxx, XX., concur.
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SO ORDERED. THE XXXXXXXXX XXXXXXX X. URBANSKI UNITED STATES DISTRICT JUDGE
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Related to SO ORDERED

  • No Order No governmental authority or other agency or commission or federal or state court of competent jurisdiction shall have enacted, issued, promulgated, enforced or entered any statute, rule, regulation, executive order, decree, injunction, or other order (whether temporary, preliminary or permanent) which is in effect and which materially restricts, prevents or prohibits consummation of the Closing or any transaction contemplated by this Agreement.

  • No Orders Neither Parent nor Merger Sub is subject to any order of any kind or nature that would prevent or materially delay the consummation of the Merger or the ability of Parent and Merger Sub to fully perform their respective covenants and obligations pursuant to this Agreement.

  • Final Order This Consent Agreement and Final Order, as agreed to by the parties, shall become effective immediately upon filing with the Regional Hearing Clerk. This Final Order concludes this proceeding pursuant to 40 C.F.R. §§ 22.18 and 22.31. IT IS SO ORDERED. XXX XXXXX Digitally signed by XXX XXXXX Date: 2022.04.14 09:47:24 -05'00' Xxx X. Xxxxx Regional Judicial Officer United States Environmental Protection Agency Region 5 In the Matter of: Ag Partners Cooperative Docket Number: FIFRA-05-2022-0006

  • Sale Order The Sale Order shall, among other things, (a) approve, pursuant to sections 105, 363 and 365 of the Bankruptcy Code, (i) the execution, delivery and performance by Sellers of this Agreement, (ii) the sale of the Acquired Assets to Buyer on the terms set forth herein and free and clear of all Encumbrances (other than Permitted Encumbrances), and (iii) the performance by Sellers of their obligations under this Agreement, (b) authorize and empower Sellers to assume and assign to Buyer the Transferred Contracts, (c) find that Buyer is a “good faith” purchaser within the meaning of section 363(m) of the Bankruptcy Code, find that Buyer is not a successor to any Seller, and grant Buyer the protections of section 363(m) of the Bankruptcy Code, (d) find that Buyer shall have no Liability or responsibility for any Liability or other obligation of any Seller arising under or related to the Acquired Assets other than as expressly set forth in this Agreement, including successor or vicarious Liabilities of any kind or character, including any theory of antitrust, environmental, successor, or transferee Liability, labor law, de facto merger, or substantial continuity, (e) find that Buyer has provided adequate assurance (as that term is used in section 365 of the Bankruptcy Code) of future performance in connection with the assumption of the Transferred Contracts, (f) find that Buyer shall have no Liability for any Excluded Liability, (g) find that the consideration provided by Buyer pursuant to this Agreement constitutes reasonably equivalent value and fair consideration for the Acquired Assets, (h) find that Buyer and Sellers did not engage in any conduct which would allow this Agreement to be set aside pursuant to section 363(n) of the Bankruptcy Code and (i) order that, notwithstanding the provisions of the Federal Rules of Bankruptcy Procedures 6004(h) and 6006(d), the Sale Order is not stayed and is effective immediately upon entry. Buyer agrees that it will promptly take such actions as are reasonably requested by any Seller to assist in obtaining Bankruptcy Court approval of the Sale Order, including furnishing affidavits or other documents or information for filing with the Bankruptcy Court for purposes, among others, of (A) demonstrating that Buyer is a “good faith” purchaser under section 363(m) of the Bankruptcy Code and (B) establishing adequate assurance of future performance within the meaning of section 365 of the Bankruptcy Code.

  • COMPETENT SUPERVISORY AUTHORITY Identify the competent supervisory authority/ies in accordance with Clause 13

  • Court Orders ICANN will respect any order from a court of competent jurisdiction, including any orders from any jurisdiction where the consent or non-­‐objection of the government was a requirement for the delegation of the TLD. Notwithstanding any other provision of this Agreement, ICANN’s implementation of any such order will not be a breach of this Agreement

  • Pre-Ordering 2.2.1 BellSouth will provide electronic access to its OSS and the information contained therein in order that OneTone can perform the following pre-ordering functions: service address validation, telephone number selection, service and feature availability, due date information, customer record information and loop makeup information. Mechanized access is provided by electronic interfaces whose specifications for access and use are set forth at BellSouth’s Interconnection Web site. The process by which BellSouth and OneTone will manage these electronic interfaces to include the development and introduction of new interfaces will be governed by the change management process as described in Section 2.7 below. OneTone shall provide to BellSouth access to customer record information, Version: 2Q05 Resale Agreement 07/21/05 including circuit numbers associated with each telephone number where applicable. OneTone shall provide such information within four (4) hours after request via electronic access where available. If electronic access is not available, OneTone shall provide to BellSouth paper copies of customer record information, including circuit numbers associated with each telephone number where applicable. If BellSouth requests the information before noon, the customer record information shall be provided the same day. If BellSouth requests the information after noon, the customer record information shall be provided by noon the following day. 2.2.2 The Parties agree not to view, copy, or otherwise obtain access to the customer record information of any customer without that customer's permission. OneTone will obtain access to customer record information only in strict compliance with applicable laws, rules, or regulations of the state in which the service is provided. BellSouth reserves the right to audit OneTone’s access to customer record information. If a BellSouth audit of OneTone’s access to customer record information reveals that OneTone is accessing customer record information without having obtained the proper End User authorization, BellSouth upon reasonable notice to OneTone may take corrective action, including but not limited to suspending or terminating OneTone’s electronic access to BellSouth’s OSS functionality. All such information obtained through an audit shall be deemed Information covered by Section 7, Proprietary and Confidential Information in General Terms and Conditions.

  • Product Orders All Product orders shall be submitted by the Operators to DISTRIBUTOR and shall specify the location of the Operator’s Stores, the type of Product, and the quantity desired. Operators may place orders electronically (“Electronic Orders”) or by telephoning or faxing DISTRIBUTOR’s customer service center in accordance with the guidelines detailed below. All shipment expenses from DISTRIBUTOR’s distribution center to the Operator’s location shall be at DISTRIBUTOR’s expense unless otherwise noted elsewhere in this Agreement. Product order guides will be provided by DISTRIBUTOR to the Operators monthly via DISTRIBUTOR’s website and with a hard copy delivered to each Store, with availability of such order guides to be made prior to the beginning of the month, but only after review and approval of the order guide by COMPANY. The order guides will be organized by Product categories and will include, among other things, the Product Sell Price (as defined herein), Product units and new Products. DISTRIBUTOR will assign one product code number to each stock-keeping unit (“SKU”) of each Product, which will be common throughout its entire distribution system and will be used on all documents such as order guides, invoices, monthly reports, etc. SKU’s, and, accordingly, the assigned product code number, must differ for equivalent Products supplied by different suppliers. Only Products approved for sale to its Operators by the COMPANY will be listed on this order guide. Electronic Orders will be placed via telephone modem or internet using DISTRIBUTOR’s automated order entry system. All orders are subject to the standard order cut-off time of 4:00 p.m. two (2) days prior to their scheduled delivery day. Operators will be notified prior to the time of final order cut-off if a product is expected to be out of stock so that an alternative may be ordered, subject to the provisions of Section 3.02. Operators will have until 5:00 p.m, one (1) day before their order shipping day to modify or add-on to their order (Friday at 5:00 p.m. for Stores whose deliveries will leave DISTRIBUTOR’s facility on Monday). Where reasonably possible, DISTRIBUTOR will schedule ordering days and delivery days that are mutually agreed upon by and between DISTRIBUTOR and each Operator and will provide notice to the affected Operator of at least fourteen (14) days before routing changes. Wherever reasonably possible, DISTRIBUTOR will include no more than three (3) “skip days” between the date of order and date of delivery. For example, orders scheduled for delivery on Friday will be placed no earlier than Monday. Orders scheduled for delivery on Tuesday will be placed on Friday. In the event DISTRIBUTOR must include more than four (4) “skip days” between the date of order and date of delivery it will notify COMPANY in advance. In no event will there ever be more than four (4) “skip days” permitted without the prior written approval of COMPANY. DISTRIBUTOR may schedule deliveries on any day of the week. On an exception basis, DISTRIBUTOR will consider shortening the permissible time frames for scheduled deliveries for those Operators that, given unique and compelling business needs, require the same. Operator will be notified of any Product shortages at the time of order placement or, in the case of an Electronic Order, one (1) day prior to the loading of the delivery truck.

  • Proceedings; Orders (a) There is no pending Proceeding and, to the Company’s Knowledge, no Person has threatened to commence any Proceeding: (i) to which Company is a party or which directly relates to any of the assets owned or used by the Company (whether or not the Company is named as a party thereto) and, to the Company’s Knowledge, no event has occurred, and no claim, dispute or other condition or circumstance exists, that would be reasonably expected to give rise to, or serve as a reasonable basis for, the commencement of any such Proceeding; or (ii) that challenges, or that may have the effect of preventing, delaying, making illegal or otherwise interfering with, the Acquisition or the Company’s ability to comply with or perform its obligations and covenants under this Agreement or any of the other Transaction Agreements and, to the Company’s Knowledge, no event has occurred, and no claim, dispute or other condition or circumstance exists, that would be reasonably expected to give rise to, or serve as a reasonable basis for, the commencement of any such Proceeding. (b) Within the last five years, no material Proceeding has been commenced by or against the Company and, to the Company’s Knowledge, no such Proceeding has been threatened. (c) There is no Order to which the Company, or any of the assets owned by the Company, is subject. (d) To the Company’s Knowledge, neither the General Partner nor any officer, employee, or contractor of the Company or of the General Partner, is subject to any Order that prohibits the General Partner, officer, employee or contractor of the Company or the General Partner from engaging in or continuing any conduct, activity or practice relating to the Company’s business. (e) There is no proposed Order that, if issued or otherwise put into effect (i) would or could reasonably be expected to have a Material Adverse Effect or (ii) would otherwise have the effect of preventing, delaying, making illegal or otherwise interfering with the Acquisition.

  • Minimum Order When the Government requires supplies or services covered by this contract in an amount of less than one each, the Government is not obligated to purchase, nor is the Contractor obligated to furnish those supplies or services under the contract.

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