Appointed Representatives Clause Samples
Appointed Representatives. (a) If the Security Trustee has issued a Step-in Notice in accordance with clauses 6.1 and 6.2, the appointment of a Representative within paragraphs (a) to (c) of the definition of Representative will be effective for all purposes under this Deed, and the Crown will not be entitled to challenge or dispute the effectiveness of any such appointment.
(b) Subject to paragraph (c) the Security Trustee shall not appoint a Representative within paragraph (d) of the definition of Representative unless it has obtained the prior written approval of the Crown, which approval may only be withheld if the Crown considers that the proposed Representative is an Unsuitable Third Party.
(c) If, where paragraph (b) above applies:
(i) the Crown notifies the Security Trustee within 5 Business Days after its receipt of a notice under clause 6.2 that the proposed Appointed Representative is an Unsuitable Third Party, the notice under clause 6.2 proposing that Appointed Representative will be deemed to be withdrawn; and
(ii) If the Crown does not notify the Security Trustee within 5 Business Days after its receipt of a notice under clause 6.2 that the proposed Appointed Representative is an Unsuitable Third Party, the proposed Appointed Representative will be deemed not to be an Unsuitable Third Party for the purpose of clause 6.3(a).
Appointed Representatives. 1. The Company recognizes the right of the Association to appoint representatives. The authority of these representatives designated by the Association shall be limited to and shall not exceed, the following duties and activities:
a. The investigation and presentation of grievances with the Company in accordance with the provisions of Article 7 of this Agreement.
b. The collection of dues when authorized by the Association.
c. The transmission of messages and information which originate with and which are authorized by the Association or its officers, provided that such messages and information:
(1) have been reduced to writing; or
(2) if not reduced to writing, are of a routine nature and do not involve work stoppages, slowdowns, refusal to handle goods, or any other interference with the Company’s business.
2. These representatives have no authority to take strike action or any other action which would interfere with or interrupt the Company’s business, except as authorized by official action of the Association. The Company, in recognition of the limitation placed upon such representatives, shall not hold the Association liable for any unauthorized acts. However, in the event such a representative has led, instigated or encouraged unauthorized strike action, slowdown or work stoppages in violation of this Agreement, that representative may be subject to more severe discipline, up to and including discharge, than other employees who participate in such strike, slowdown or work stoppage.
3. Appointed representatives of the Association shall have access to the Company’s establishment during working hours for the purposes set forth in H.1. above provided, however, that there is no interruption or interference with the Company’s business, and provided that such authorized representative adheres to the Company’s security procedures. Appointed representatives include Association employees. Such employee’s access to Company property shall be subject to all UPS policies and practices.
Appointed Representatives. 10.1 In clauses 1.5 and 1.6 hereof, the Seller and the Buyer each appoints a representative to liaise with the other regarding day-to-day decisions in connection with the performance of this Agreement. The appointed representatives shall each have the power to make all such decisions as may be required from him by the other Party (except to vary the Agreement or any price or amount due hereunder) and the other Party shall be entitled to act upon such decisions.
10.2 The Parties shall not accept instructions or requests from the other Party other than through the appointed representative, and all such instructions and/or requests shall be in writing.
10.3 The appointed representative of a Party may be changed by written notice.
Appointed Representatives. The Company and its Subsidiaries have, at all times since June 1, 2019, appointed, managed and audited their appointed representatives and introducer appointed representatives (together the “Appointed Representatives”) in compliance with applicable Law (including Section 39 of the FSMA) and in accordance with the terms of the applicable Appointed Representative agreement. The Company and its Subsidiaries have maintained adequate records of their due diligence, oversight, monitoring, training and supervision of their Appointed Representatives. The Company and its Subsidiaries have not received any notice, claim, demand, investigation, enforcement action, penalty, fine, sanction, censure or adverse finding from any Governmental Entity in connection with their Appointed Representatives or their activities.
Appointed Representatives. Each Party shall appoint a representative who shall be responsible for administering this dispute resolution provision (the “Appointed Representatives”).