The Cases Sample Clauses

The Cases. (i) No trustee under Chapter 7 or Chapter 11 of the Bankruptcy Code or examiner with expanded powers beyond those set forth in Section 1106(a)(3) and (4) of the Bankruptcy Code shall have been appointed in any of the Cases. (ii) None of the Cases shall have been dismissed or converted to a case under chapter 7 of the Bankruptcy Code
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The Cases. Each Party to this Agreement hereby agrees to take all action necessary or appropriate to dismiss the Cases (defined below), any pending motions in the Cases (defined below), or any appeals of the Cases (defined below), and in effecting the terms of this Agreement. The releases set forth in this Agreement represent material consideration for each other and represent material consideration for the Parties entering into this Agreement and are only intended to have effect if the releases are mutual. The Parties mutually agree that the Parties would not have entered into this Agreement except upon their receiving the mutual releases set forth herein. Notwithstanding anything contained in this Agreement to the contrary, no release contained in this Agreement shall release Lawbaugh nor any family members of Lawbaugh nor Brian Smith from any xxxxxx xhat may arise after the disxxxxxx xf the Xxxxx, xx any claim objecting to Lawbaugh's discharge in a bankruptcy case, or any claims against Lawbxxxx xx xx discharge is granted to him. For purposes of this Agrexxxxx, xhe term "Cases" shall mean each of the following legal actions: o In re John Lawbaugh, Bankruptcy Case No. 03-16060, U.S. Bxxxxxxxxx Xxxrt, District of Maryland (the "Bankruptcy Case"). With respect to the Bankruptcy Case, each Party agrees that the dismissal of this case shall be requested promptly upon disposition of the fee motions in such case and such other motions necessary to carry out the intent of the provisions hereof.
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The Cases. (a) The Cases were commenced on the Petition Date in accordance with applicable law and proper notice thereof and the proper notice for (i) the motion seeking approval of this Agreement and the Other Documents and the Interim Order and Final Order, (ii) the hearing for the entry of the Interim Order, and (iii) the hearing for the entry of the Final Order has been or will be given. Credit Parties shall give, on a timely basis as specified in the Interim Order or the Final Order, as applicable, all notices required to be given to all parties specified in the Interim Order or Final Order, as applicable. (b) After the entry of the Interim Order, and pursuant to and to the extent permitted in the Interim Order and the Final Order, and subject to the Carve-Out, the Obligations will constitute allowed administrative expense claims in the Cases having priority over all administrative expense claims and unsecured claims against the Credit Parties now existing or hereafter arising, of any kind whatsoever, including all administrative expense claims of the kind specified in Sections 105, 326, 330, 331, 503(b), 506(c), 507(a), 507(b), 546(c), 726, 1114 or any other provision of the Bankruptcy Code or otherwise, as provided under Section 364(c)(l) of the Bankruptcy Code, subject to the priorities set forth in the Interim Order or Final Order (as applicable). (c) After the entry of the Interim Order and pursuant to and to the extent provided in the Interim Order and the Final Order, the Obligations will be secured by a valid and perfected first priority Lien on all of the Collateral subject, as to priority, only to the Carve-Out and the Prior Permitted Liens. (d) The Interim Order (with respect to the period on and after entry of the Interim Order and prior to entry of the Final Order) or the Final Order (with respect to the period on and after entry of the Final Order), as the case may be, is in full force and effect and has not been reversed, stayed (whether by statutory stay or otherwise), modified or amended without Agent’s consent. (e) Notwithstanding the provisions of Section 362 of the Bankruptcy Code, and subject to the applicable provisions of the Interim Order or Final Order, as the case may be, upon the maturity (whether by acceleration or otherwise) of any of the Obligations, Agent and Lenders shall be entitled to immediate payment of such Obligations and to enforce the remedies provided for hereunder or under applicable law, without further application or m...
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Related to The Cases

  • Skidding and Yarding Methods of skid- ding or yarding specified for particular areas, if any, are indicated on Sale Area Map. Outside Clearcutting Units and construction clearings, insofar as ground conditions permit, products shall not be skidded against reserve trees or groups of reproduction and tractors shall be equipped with a winch to facilitate skidding. B6.421 Rigging. Insofar as practicable, needed rigging shall be slung on stumps or trees desig- nated for cutting.

  • Professional Development 9.01 Continuous professional development is a hallmark of professional nursing practice. As a self-regulating profession, nursing recognizes the importance of maintaining a dynamic practice environment which includes ongoing learning, the maintenance of competence, career development, career counselling and succession planning. The parties agree that professional development includes a diverse range of activities, including but not limited to formal academic programs; short-term continuing education activities; certification programs; independent learning committee participation. The parties recognize their joint responsibility in and commitment to active participation in the area of professional development.

  • Stewards Each UNION shall have the right to designate a working journeyman as a xxxxxxx. The UNION shall notify the EMPLOYER in writing of the identity of their designated xxxxxxx. In addition to his work as an employee, the xxxxxxx shall have the right to receive, but not to solicit, complaints or grievances, and to discuss and assist in the adjustment of the same with the employee's appropriate supervisor. The EMPLOYER will not discriminate against the xxxxxxx in the proper performance of his union duties. The xxxxxxx shall not leave his work area without first notifying his appropriate supervisor or xxxxxxx as to his intent and the reason thereof, he can be reached, and the estimated time that he will be gone. Stewards shall not have the right to determine when overtime shall be worked or who shall work overtime. The EMPLOYER shall have the right to implement a system of written accountability of time spent by all stewards in the performance of their duties whenever they deem such action necessary. The presence or absence of the xxxxxxx shall not affect the work of the craft. The xxxxxxx, in addition to this work as a journeyman, will be permitted to perform during the work hours such of his normal UNION duties as cannot be performed at other times. The UNION agrees that such duties shall be performed as expeditiously as possible and the EMPLOYER agrees to allow the xxxxxxx a reasonable amount of time to perform such duties. The xxxxxxx shall receive his regular craft rate of pay. The xxxxxxx'x duties shall not include any matters relating to any supervisory function over which the EMPLOYER retains sole control. If a xxxxxxx violates any of the rules of this Article, or fails to work or competently perform work assignments, the EMPLOYER shall have the right to take whatever action deemed appropriate, including termination. The working xxxxxxx designated for one EMPLOYER has no authority with regard to the work of another EMPLOYER. If he should become involved in the affairs or disputes of another EMPLOYER, he will be subject to discharge. The EMPLOYER agrees to notify the UNION two (2) working days, confirmed in writing stating the cause, prior to termination of the working xxxxxxx except for a violation of work rules. The xxxxxxx shall be the last EMPLOYEE laid off provided he is qualified to perform the remaining work of the EMPLOYER.

  • CFR 200 328. Failure to submit such required Performance Reports may cause a delay or suspension of funding. 30 ILCS 705/1 et seq.

  • Summer Session A. All ASEs employed in the Summer Session shall receive the same general range adjustment as ASEs received in the preceding Fall term. B. The following articles apply to ASEs who are employed in the summer session: Recognition, Wages (range adjustment only), DCP, Travel, Health and Safety, Leaves, Holidays, Duration, Workspace and Instructional Support, Parking, Grievance and Arbitration, Waiver, Management and Academic Rights, No Strikes, Non-Discrimination, Union Access and Rights, Union Security, Discipline and Dismissal, Emergency Layoff, Employment Files and Evaluations, Definitions, Severability, Labor-Management Meetings, and Classifications. C. The remainder of the articles in the agreement does not apply to ASEs who are employed in the summer session. D. The topic of Summer Session, and effects of changes on terms and conditions of employment for ASEs employed in Summer Session, shall be reopened for bargaining commencing no later than January 2, 2001.

  • Professional Development Days Upon request, each Employee shall be granted at least three (3) professional development days annually for professional development, at the Basic Rate of Pay. An Employee shall be advised, prior to taking any professional development days of any transportation, registration fees, subsistence and other expenses that will be paid by the Employer. Such hours not used in each fiscal year shall not be carried forward into subsequent years. Applications for such paid professional development opportunities shall be made in writing, to the Employer as early as possible.

  • Review Systems The Asset Representations Reviewer will maintain and utilize an electronic case management system to manage the Tests and provide systematic control over each step in the Review process and ensure consistency and repeatability among the Tests.

  • Statewide HUB Program Statewide Procurement Division Note: In order for State agencies and institutions of higher education (universities) to be credited for utilizing this business as a HUB, they must award payment under the Certificate/VID Number identified above. Agencies, universities and prime contractors are encouraged to verify the company’s HUB certification prior to issuing a notice of award by accessing the Internet (xxxxx://xxxxx.xxx.xxxxx.xx.xx/tpasscmblsearch/index.jsp) or by contacting

  • New Business This report will include new issues only, the first time the policy is reported to the Reinsurer. Automatic and Facultative business will be identified separately.

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