SPECIAL PROCEEDINGS Clause Samples

The "Special Proceedings" clause defines procedures or rules that apply to specific types of legal actions that differ from ordinary litigation. Typically, this clause outlines unique steps, timelines, or requirements for handling matters such as injunctions, probate, or other non-standard court processes. By establishing tailored procedures for these cases, the clause ensures that special legal matters are addressed efficiently and appropriately, solving the problem of applying general litigation rules to situations that require specialized handling.
SPECIAL PROCEEDINGS. 1. At times the Association shall be qualified to prosecute a claim of grievance because the alleged violation has affected an identifiable group of three (3) or more teachers within the bargaining unit. In this event the Executive Committee of the Association will be the grievant and will file the grievance directly with the Superintendent, or his/her designee, at Step Three of the formal grievance proceedings. 2. If it is the desire of any teacher to exclude from the grievance procedure those matters which the teacher desires to have submitted to the Tenure Commission under the provision of the Michigan Teacher Tenure Act, then that teacher may pursue his/her claim notwithstanding the existence of the grievance procedure of this Agreement by invoking the right contained in this section.
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SPECIAL PROCEEDINGS. 8.1 The joint guarantors will undertake the joint liability with the loanee for this loan debt, i.e. the liability to compensate solely and completely, and they will give up the right of plea for preference claims stated in article 745 of Civil Law. 8.2 If the loanee breaches the agreement, and your bank claims the right to regard all the debt expired according to the agreement, you bank is entitled to discharge the deposits of loanee and joint guarantors in your bank or creditor's rights to your bank in advance and use the fund from the discharge in advance to countervail all the debts to your bank. The check deposit business between the loanee/joint guarantors and your bank can be settled and cancelled at any moment by each party, so that your bank is entitled to settle and cancel the check deposit and claim the countervailing according to the above-mentioned agreement if the above-mentioned debt is regarded to be expired. The meaning representation of above-mentioned scheduled countervailing by your bank will become effective since the countervailing is finished and account is recorded without any further notice. The deposit certificate, deposit book or other voucher issued by your bank to the loanee and joint guarantors will become ineffective in the countervailing scope. 8.3 The loanee and joint guarantors should countervail the debt in order of each expense, penalty, interest, deferred interest and principal when reimbursing the debt one-off or by stages. If there are numerous debts, and the countervailed debt is not specified in the reimbursement, the order in article 322 of Civil Law will be referred. 8.4 The performing place of this loan is location of your bank. If the lawsuit is involved because the loanee and the joint guarantors do not perform this agreement, the loanee and the joint guarantors agree that the lawsuit where your bank is located or Taiwan ________ district is the first trail lawsuit, while the application of small-claims court stated in article 47 of Consumer Protection Law and article 436 of Civil Law is not exempted. 8.5 The joint guarantors agree that the addresses on this receipt are the location where the relevant documents are delivered when associating with your bank; if the addresses of joint guarantors are altered, your bank will be informed in written immediately. The both parties agree that the relevant documents should be delivered to the altered address; if your bank is not informed, the relevant documents will be r...
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Related to SPECIAL PROCEEDINGS

  • Judicial Proceedings (a) The Teekay Parties irrevocably (i) agree that any legal suit, action or proceeding against the Teekay Parties arising out of or based upon this Agreement, the transactions contemplated hereby or alleged violations of the securities laws of the United States or any state in the United States may be instituted in any New York court, (ii) waive, to the fullest extent it may effectively do so, any objection which it may now or hereafter have to the laying of venue of any such proceeding in any New York court and (iii) submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. Each of the Teekay Parties has appointed ▇▇▇▇▇▇, ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇▇, New York, New York, as its authorized agent (the “Authorized Agent”), upon whom process may be served in any such action arising out of or based on this Agreement, the transactions contemplated hereby or any alleged violation of the securities laws of the United States or any state in the United States which may be instituted in any New York court, expressly consents to the jurisdiction of any such court in respect of any such action, and waives any other requirements of or objections to personal jurisdiction with respect thereto. Such appointment shall be irrevocable. The Teekay Parties represent and warrant that the Authorized Agent has agreed to act as such agent for service of process and agrees to take any and all action, including the filing of any and all documents and instruments, that may be necessary to continue such appointment in full force and effect as aforesaid. Service of process upon the Authorized Agent and written notice of such service to the Teekay Parties shall be deemed, in every respect, effective service of process upon the Teekay Parties. (b) If for the purposes of obtaining judgment in any court it is necessary to convert a sum due hereunder into any currency other than United States dollars, the parties hereto agree, to the fullest extent that they may effectively do so, that the rate of exchange used shall be the rate at which in accordance with normal banking procedures the Underwriters could purchase United States dollars with such other currency in the City of New York on the business day proceeding that on which final judgment is given. The obligations of the Teekay Parties in respect of any sum due from it to the Underwriters shall, notwithstanding any judgment in a currency other than United States dollars, not be discharged until the first business day, following receipt by the Underwriters of any sum adjudged to be so due in such other currency, on which (and only to the extent that) the Underwriters may in accordance with normal banking procedures purchase United States dollars with such other currency; if the United States dollars so purchased are less than the sum originally due to the Underwriters hereunder, the Teekay Parties agree, as a separate obligation and notwithstanding any such judgment, that the party responsible for such judgment shall indemnify the Underwriters against such loss. If the United States dollars so purchased are greater than the sum originally due to the Underwriters hereunder, the Underwriters agree to pay to the Teekay Parties an amount equal to the excess of the dollars so purchased over the sum originally due to the Underwriters hereunder.

  • Criminal Proceedings Any criminal complaint, indictment or criminal proceedings;

  • Actions; Proceedings There are no actions, suits or proceedings pending or, to the knowledge of the Assignor, threatened, before or by any court, administrative agency, arbitrator or governmental body (A) with respect to any of the transactions contemplated by this Assignment Agreement or (B) with respect to any other matter that in the judgment of the Assignor will be determined adversely to the Assignor and will, if determined adversely to the Assignor, materially adversely affect its ability to perform its obligations under this Assignment Agreement.

  • Other Proceedings If and whenever an Event of Default shall have occurred and be continuing, the Trustee, at the direction of the Control Party (subject to Section 11.4(e) of the Base Indenture, at the direction of the Controlling Class Representative), shall take one or more of the following actions: (i) proceed to protect and enforce its rights and the rights of the Noteholders and the other Secured Parties, by such appropriate Proceedings as the Control Party (at the direction of the Controlling Class Representative) shall deem most effective to protect and enforce any such rights, whether for the specific enforcement of any covenant or agreement in this Agreement or any other Transaction Document or in aid of the exercise of any power granted therein, or to enforce any other proper remedy or legal or equitable right vested in the Trustee by this Agreement or any other Transaction Document or by law, including any remedies of a secured party under Requirements of Law; (A) direct the Guarantors to exercise (and each Guarantor agrees to exercise) all rights, remedies, powers, privileges and claims of any Guarantor against any party to any Collateral Document to which such Guarantor is a party arising as a result of the occurrence of such Event of Default or otherwise, including the right or power to take any action to compel performance or observance by any such party of its obligations to any Guarantor, and any right of any Guarantor to take such action independent of such direction shall be suspended, and (B) if (x) the Guarantors shall have failed, within ten (10) Business Days of receiving the direction of the Trustee (given at the direction of the Control Party (at the direction of the Controlling Class Representative)), to take commercially reasonable action to accomplish such directions of the Trustee, (y) any Guarantor refuses to take such action or (z) the Control Party (at the direction of the Controlling Class Representative) reasonably determines that such action must be taken immediately, take (or the Control Party on behalf of the Trustee shall take) such previously directed action (and any related action as permitted under this Agreement thereafter determined by the Trustee or the Control Party to be appropriate without the need under this provision or any other provision under this Agreement to direct the Guarantors to take such action); (iii) institute Proceedings from time to time for the complete or partial foreclosure of this Agreement or, to the extent applicable, any other Transaction Document, with respect to the Collateral; provided that the Trustee shall not be required to take title to any real property in connection with any foreclosure or other exercise of remedies hereunder or under such Transaction Documents and title to such property shall instead be acquired in an entity designated and (unless owned by a third party) controlled by the Control Party; and/or (iv) sell all or a portion of the Collateral at one or more public or private sales called and conducted in any manner permitted by law; provided, however, that the Trustee shall not proceed with any such sale without the prior written consent of the Control Party (at the direction of the Controlling Class Representative) and the Trustee shall provide notice to the Guarantors and each Holder of Notes of a proposed sale of Collateral.

  • Waivers and Judicial Proceedings 36 10.1 Waivers............................................................................... 36 10.2 Delay; No Waiver of Defaults.......................................................... 36 10.3