DART Incidents definition
DART Incidents means, with respect to the Borrower, an OSHA recordable workplace injury or illness that results in days away from work, restricted job roles, or an employee’s permanent transfer to a new position, excluding any such injury or illness resulting solely from the Covid-19 pandemic or any future event declared a pandemic by the U.S. Government or the WHO. No employee of the Borrower or any Subsidiary of the Borrower who becomes an employee of the Borrower or any Subsidiary of the Borrower pursuant to a merger into or acquisition by a Borrower or any Subsidiary of a Borrower shall be included in the calculation of DART Incidents for the calendar year in which such merger or acquisition occurs.
DART Incidents means an OSHA recordable workplace injury or illness that results in days away from work, restricted job roles, or an employee's permanent transfer to a new position, excluding any such injury or illness resulting solely from the Covid-19 pandemic.
DART Incidents means, with respect to Parent and its subsidiaries, an OSHA recordable workplace injury or illness that results in days away from work, restricted job roles, or an employee’s permanent transfer to a new position, excluding any such injury or illness resulting solely from the Covid-19 pandemic or any future event declared a pandemic by the U.S. Government or the WHO. No employee of Parent or any Subsidiary of Parent who becomes an employee of Parent or such Subsidiary pursuant to a merger into or acquisition by Parent or such Subsidiary of Parent shall be included in the calculation of DART Incidents for the calendar year in which such merger or acquisition occurs.
More Definitions of DART Incidents
DART Incidents means an OSHA recordable workplace injury or illness that results in days away from work, restricted job roles, or an employee'’s permanent transfer to a new position, excluding any such injury or illness resulting from events outside the employee’s control or solely from the Covid-19 pandemic, as reported on the applicable Pricing Certificate and reflected in the Annual KPI Report; provided, that in the event that (i) the methodologies or other basis upon which such reporting is made shall change from the methodologies and basis used for the determination of the DART Rate Target and the DART Rate Threshold, or (ii) OSHA shall cease to require the recording of the total number of injuries or illnesses (excluding any injuries or illnesses resulting solely from the Covid-19 pandemic) that are “recordable” by the Borrower, the number of DART Incidents shall be deemed to be equal to an amount that will result in no adjustment to the Applicable Margin or the Commitment Fee Rate for the applicable calendar year; provided, further, that in the event that the combined number of employees of the Borrower or any of its Subsidiaries) of the Borrower and its Subsidiaries for any calendar year increases or decreases by ten percent (10%) or more over the combined number of employees of the Borrower and its Subsidiaries for the immediately preceding calendar year, the number of DART Incidents for such calendar year shall be deemed to be equal to an amount that will result in no adjustment to the Applicable Margin or the Commitment Fee Rate for the applicable calendar year and each calendar year thereafter unless otherwise agreed in writing by the Borrower, the Sustainability Structuring Agent and the Required Lenders. “DART Rate” means, with respect to the Borrower, the rate calculated as (i) the total number of DART Incidents times 200,000, divided by (ii) the total number of hours worked by all employees, calculated on the basis of one (1) calendar year. “DART Rate (Three-Year Average)” means, with respect to any calendar year, beginning with the calendar year ending December 31, 2022, an amount equal to (a) the sum of (i) the DART Rate for each of the immediately preceding two (2) calendar years prior to such calendar year plus (ii) the DART Rate for such calendar year, divided by (b) three (3). For purposes of calculating the DART Rate (Three-Year Average) for the calendar year ending on December 31, 2022, the DART Rate for the calendar year ending December 31, 2020 ...