Alternative Process. Nothing herein shall in any way be deemed to limit the ability of the Lenders to serve any such process or summonses in any other manner permitted by applicable law.
Alternative Process. (a) If the Company does not give Energy Spectrum the Company Response within the 45-day period set forth in Section 3.2 above, Energy Spectrum may elect, in its sole discretion and at any time after the expiration of such 45-day period, to give a list of three (3) investment banking firms to the Company (the "ALTERNATIVE INVESTMENT BANK NOTICE"), each of which investment banking firms shall, by virtue of being recommended by Energy Spectrum, be considered an Investment Bank for purposes of this Agreement if eventually retained by the Company pursuant to and for the purposes set forth in this Article 3.
Alternative Process. In those instances where a Selection Advisory Committee is not required, the Director of Program Delivery or designate will advise the President of TRUOLFA of the name of the successful applicant within seven (7) calendar days of the selection decision. In addition, the Director of Program Delivery or designate will indicate if the successful applicant was chosen for one of the following reasons:
Alternative Process. If we determine that you do not meet the above criteria, you may apply to renew this Agreement for a ten year term by submitting an application at least 120 days prior to the expiration of the License Term with a non-refundable renewal fee equal to our then-current franchise application fee. We will evaluate your application based on your operating history, the location of the Hotel and your agreement to upgrade the Hotel. If we accept your application, you will execute our then-current form of license agreement.
Alternative Process. Notwithstanding anything to the contrary herein, in lieu of offering any New Securities to Executive at the time such New Securities are offered to the Investors, the Company may comply with the provisions of this Section 5 by making an offer to sell to Executive such New Securities promptly, but in no event later than thirty (30) days, after a sale to the Investors is affected. In such event, for all purposes of this Section 5, the portion of such New Securities that Executive shall be entitled to purchase hereunder shall be determined by taking into consideration the actual amount of New Securities sold to the Investors so as to achieve the same economic effect as if such offer would have been made prior to such sale. In the event that Executive accepts such offer and agrees to purchase New Securities pursuant to this Section 5(d), the Investors and/or other Persons who initially acquired New Securities shall promptly, but within fifteen (15) days after a sale to Executive is effected, sell to the Company for a price per Unit equal to the original cost thereof (plus interest at a rate equal to 8% per annum (compounded quarterly) from the date such securities were initially acquired until the time such securities are repurchased pursuant to this Section 5(d)), the same number and class of Units purchased by Executive exercising his rights under this Section 5(d).
Alternative Process. If both parties agree, the parties may designate an alternative dispute resolution process in lieu of participating in the home warranty dispute resolution process established by this section. If the parties agree to an alternative dispute resolution process, they shall provide written notice of the agreement and a description of the selected process to the commissioner as soon as practicable, but no later than the date the parties are required to select a neutral under subdivision 2.
Alternative Process. Notwithstanding anything to the contrary herein, in lieu of offering any New Securities to the Qualified Holders at the time such New Securities are offered to any Person, the Company may comply with the provisions of this Section 8.11 by making an offer to sell to the Qualified Holders such New Securities promptly after a sale to such Person is effected. In such event, for all purposes of this Section 8.11 the portion of such New Securities that each Qualified Holder shall be entitled to purchase hereunder shall be determined by taking into consideration the actual amount of New Securities sold to such Person so as to achieve the same economic effect as if such offer would have been made prior to such sale.
Alternative Process. Each permanent certificated unit member who has received a satisfactory rating on his or her last evaluation is entitled to opt for an alternative evaluation process. This alternative process will be developed collaboratively and agreed upon by the evaluator and the unit member and may include a mid-year process review. One purpose of this option is to allow an evaluation that is customized to the unit member’s situation, interests, and needs, and to permit the value of the evaluation process to the unit member to be maximized. Proposals for the particular process to be used may be suggested by either the unit member or the evaluator. If no agreement on the particular process to be used is reached between the unit member and the evaluator, the unit member will be evaluated according to the standard process. If the alternative process is selected, it shall remain in effect for the entire evaluation period, unless there is agreement to return to the standard process. VI. Standard evaluation details