Abeyance. The FHWA will hold in abeyance further actions regarding the complaints filed in the matter (described above) during the performance of this Agreement. At any time, should TxDOT not perform, or ensure performance, under this Agreement, FHWA will notify TxDOT as stated in Article IX of this VRA.
Abeyance. (a) In addition to, and in furtherance of, the amendment to the Merger Agreement provided by Section 1(g) above, each of the parties agrees not to exercise any right to terminate the Merger Agreement pursuant to Section 9.1(i) thereof until the earlier of (i) April 30, 2004 or (ii) three (3) business days after the conclusion of the Second Company Stockholders Meeting (as defined below) and, if held and later, the Second Parent Stockholders Meeting (as defined below).
Abeyance. FHWA will hold in abeyance the Letter of Finding regarding the complaint filed in the matter (described above) during the performance of this Agreement. At any time, should TxDOT not perform, or ensure performance, under this Agreement, FHWA will notify TxDOT as stated in section XI above. Should TxDOT fail to remedy the violation within 30 days of notification, the Letter of Finding will be issued and applicable actions taken. FEDERAL HIGHWAY ADMINISTRATION Xxxxxxx X. Xxxxxx Administrator Dated: TEXAS DEPARTMENT OF TRANSPORTATION LtGen X.X. Xxxxx, USMC (Ret) Executive Director Dated: CONFIDENTIAL - PRIVILEGED COMMUNICATIONS DUE TO A COMMON LEGAL INTEREST CONFIDENTIAL – FOR SETTLEMENT DISCUSSION PURPOSES ONLY APPENDIX A MAP SHOWING THE NEIGHBORHOOD CONFIDENTIAL - PRIVILEGED COMMUNICATIONS DUE TO A COMMON LEGAL INTEREST CONFIDENTIAL – FOR SETTLEMENT DISCUSSION PURPOSES ONLY APPENDIX B COMMUNITY LIAISON PROGRAM
Abeyance. Except where time limits are extended by written agreement between the Parties, the grievance procedure must be followed strictly according to the applicable time limits. If either Party does not respond within a time limit, the grievance shall advance to the next step in the procedure. Email request and reply within the time limits will serve to meet the requirement of written agreement. Where time limits are extended, a grievance is considered in abeyance.
Abeyance. Abeyance is a temporary suspension of PASSE services to a PASSE Member by DHS, due to:
Abeyance. The FHWA will hold in abeyance conducting a formal investigation regarding the complaint filed in the matter (described above) during the performance of this Agreement. At any time, should CDOT not perform, or ensure performance, under this Agreement, FHWA will notify CDOT as stated in section VIII above. Should CDOT fail to remedy the noncompliance issue within 30 days of notification, FHWA may continue conducting a formal investigation regarding the issue and take such other actions as necessary to ensure CDOT’s compliance with Title VI. XXXX XXXXXX XXXXX
Abeyance. Should the Association make a request that the grievance be placed in abeyance for any reason, and should there be mutual agreement to place the grievance in abeyance, the period of abeyance shall not exceed 90 calendar days. The Association further agrees that grievances placed in abeyance shall have the time limits tolled during this period. Failure by the Association to reactivate the grievance within the 90 calendar day time limit following the request that it be held in abeyance will render the grievance ineligible for arbitration and the last preceding University written answer shall become final and binding.
Abeyance. Notwithstanding anything else contained herein, FHC shall have the right to vote the Shares in any manner it sees fit and in its sole and absolute discretion, regardless of any recommendation made by the Board and shall have no obligations hereunder, upon the occurrence and during the continuation of any of the following:
Abeyance. Subject to delivery of the Board Certificate described in the next two sentences and the requirements of Section 5.11, in the event that (a) the Board of Directors and the Shareholders of the Company shall have authorized the terms and conditions of the Preference Shares in compliance with the Act and offered to issue the Preference Shares to the Lender, (b) the Lender does not make a Subscription Election to acquire Preference Shares during the Subscription Period, and (c) the Company does not make an Accelerated Repayment Election to repay the Convertible Loan during the Accelerated Repayment Period, then, for so long thereafter as the Company maintains a Ratio of at least 3:1, the negative covenants and agreements of the Company set forth in Sections 6.1 to 6.13 and the affirmative covenants and agreements of the Company set forth in Sections 5.7 (Observer) and 5.10 (Milestones) shall be non-binding on the Company. On the last day of the Accelerated Repayment Period the Company shall deliver to the Lender a certificate of the Board of Directors of the Company (i) setting forth the Company’s calculation of the Ratio on an un-audited basis as of such date, and (ii) representing and warranting that such directors believe after reasonable investigation and review that the calculation of the Ratio set forth in the certificate is true and correct in all material respects (a “Board Certificate”). Thereafter, the Company shall, in conjunction with the preparation of each set of audited accounts of the Company after delivery of the initial Board Certificate (whether monthly, quarterly or annual and regardless of the reason for the Company’s preparation thereof (e.g., pursuant to the Act, securities laws or applicable stock exchange regulation)) deliver to the Lender on each date of release of such audited accounts a Board Certificate in the form described in the preceding sentence (except that the calculation of the Ratio shall be audited in all Board Certificates except for the initial Board Certificate), with such Board Certificate and the Ratio contained therein taking the place of the preceding Board Certificate and Ratio for purposes of this Section 6.14 thereafter. In the event the Company ceases to maintain a 3:1 Ratio as demonstrated by the most recent Board Certificate, then the provision of Sections 6.1 to 6.13 and Sections 5.7 and 5.10 shall again be binding on the Company.
Abeyance. In the spirit of cooperation between the FAA and the County, and subject to Section 5, the FAA agrees to suspend and hold in abeyance the Part 13 Investigation for six (6) months from the Effective Date while the Parties work to meet the objectives provided above in Paragraph 1. Pursuant to this abeyance and subject to Section 5, the FAA agrees not to take action under Part 13 against the County regarding the County’s prohibition of the sale of leaded avgas at the County Airports during this time period. This time period can be extended by the Parties pursuant to Section 7 below. Subject to the specific terms of this agreement in paragraph 1, all outstanding Part 13 Investigation deadlines are tolled while the Part 13 Investigation is suspended and held in abeyance, and the County will have 30 days from the date that the Part 13 Investigation is no longer held in abeyance to meet any such deadlines, including but not limited to responding to rebuttals submitted to the FAA by Part 13 Investigation Complainants. This Paragraph shall not hold in abeyance the AOPA Complaint and the FAA’s adjudication of it, nor shall it hold a new Part 16 complaint in abeyance.
