CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) pay any dividends on Borrower's stock (other than dividends payable in its stock), provided, however that notwithstanding the foregoing, but only so long as no Event of Default has occurred and is continuing or would result from the payment of dividends, if Borrower is a "Subchapter S Corporation" (as defined in the Internal Revenue Code of 1986, as amended), Borrower may pay cash dividends on its stock to its shareholders from time to time in amounts necessary to enable the shareholders to pay income taxes and make estimated income tax payments to satisfy their liabilities under federal and state law which arise solely from their status as Shareholders of a Subchapter S Corporation because of their ownership of shares of Borrower's stock, or purchase or retire any of Borrower's outstanding shares or alter or amend Borrower's capital structure.
CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (b) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change ownership, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, (c) pay any dividends on Borrower's stock (other than dividends payable in its stock), provided, however that notwithstanding the foregoing, but only so long as no Event of Default has occurred and is continuing or would result from the payment of dividends, if Borrower is a "Subchapter S Corporation" (as defined in the Internal Revenue Code of 1986, as amended), Borrower may pay cash dividends on its stock to its shareholders from time to time in amounts necessary to enable the shareholders to pay income taxes and make estimated income tax payments to satisfy their liabilities under federal and state law which arise solely from their status as Shareholders of a Subchapter S Corporation because of their ownership of shares of stock of Borrower, or (d) purchase or retire any of Borrower's outstanding shares or alter or amend Borrower's capital structure.
CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) make any distribution with respect to any capital account, whether by reduction of capital or otherwise.
CONTINUITY OF OPERATIONS. Continuous and uninterrupted service to the citizens of the County, and orderly employee/employer relations between the County and its employees are essential considerations of this MOU. Therefore, the Association agrees on behalf of itself and those County employees which it represents, both individually and collectively, that there shall not be any strikes, picketing, boycotting, work stoppages, sitdowns, sickouts, speed-ups, slow-downs, or secondary action such as refusal to cross picket lines or any other concerted refusal to render services or to obstruct the efficient operations of the County or refusal to work, including refusal to work overtime, or any other curtailment or restriction of work at any time. The County shall not utilize a lock-out technique in its employee/employer relationships.
CONTINUITY OF OPERATIONS. (1) Engage in any business activities substantially different from those in which it is presently engaged; (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other Person, change its name, dissolve, or sell any assets out of the ordinary course of business; (3) enter into any arrangement with any Person providing for the leasing by it of Property which has been sold or transferred by it to such Person; or (4) change its business organization, the jurisdiction under which its business organization is formed or organized, or its chief executive office, or any places of its businesses.
CONTINUITY OF OPERATIONS. Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge or restructure as a legal entity (whether by division or otherwise), consolidate with or acquire any other entity, change its name, convert to another type of entity or redomesticate, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) pay any dividends on Borrower’s stock (other than dividends payable in its stock), provided, however that notwithstanding the foregoing, but only so long as no Event of Default has occurred and is continuing or would result from the payment of dividends, if Borrower is a “Subchapter S Corporation” (as defined in the Internal Revenue Code of 1986, as amended), Borrower may pay cash dividends on its stock to its shareholders from time to time in amounts necessary to enable the shareholders to pay income taxes and make estimated income tax payments to satisfy their liabilities under federal and state law which arise solely from their status as Shareholders of a Subchapter S Corporation because of their ownership of shares of Borrower’s stock, or purchase or retire any of Borrower’s outstanding shares or alter or amend Borrower’s capital structure.
CONTINUITY OF OPERATIONS. Continuous and uninterrupted service to the citizens of Fresno County, and orderly employer/employee relations between the County and its employees are essential considerations of this MOU. Therefore, the Union agrees on behalf of itself and those County employees which it represents, both individually and collectively, that there shall not be any strikes, picketing, boycotting, work stoppages, sitdowns, sickouts, speed-ups, slow-downs, or secondary action such as refusal to cross picket lines or any other concerted refusal to render services. The County shall not utilize a lock-out technique in its employer/employee relations.
CONTINUITY OF OPERATIONS. A. Both parties recognize the desirability of continuous and uninterrupted operation of the instructional program during the normal school year and avoidance of disputes which threaten to interfere with such operation. Since the parties are establishing a comprehensive grievance procedure under which unresolved disputes may be settled by an impartial third party, the parties have removed the basic cause of work interruption during the period of this Agreement. The Association accordingly agrees that it will not, during the period of the Agreement, directly or indirectly, engage in or assist in any strike, as defined in Section I of the Public Employment Relations Act.
B. The Board agrees that it will not, during the period of this Agreement, directly or indirectly, engage in or assist in any unfair labor practice as defined by Section 10 of the Public Employment Relations Act.
C. Nothing in the article shall require the Board to keep school open in the event of severe inclement weather or when other emergencies arise making attendance impractical. Students and staff will be notified of emergency closing through channels of communications determined by the administration.
D. In the event that schools are closed for students due to inclement weather, hazardous driving conditions, or other emergencies, teachers are not expected to report for duty. No loss of pay or leave days shall be incurred for such failure to report for duty. The exception to this rule is any employee on an approved multi-day leave. All days for this leave will be deducted as long as the employee was pre-approved. A teacher who has a single absence day scheduled (LOEA absence or personal day) will not have the day deducted from their leave bank.
E. In the event that pupil instructional days have been canceled due to conditions not within the control of the Board, then instructional days shall be rescheduled to ensure full state aid and/or compliance with state law.
CONTINUITY OF OPERATIONS. A. The Association agrees that it will not, during the period of this agreement, directly or indirectly, engage in or assist in any strike, as defined by the Public Employment Relations Act.
B. The Board agrees that it will not, during the period of this agreement, directly or indirectly engage in or assist in any unfair labor practice as defined by the Public Employment Relations Act.
C. Scheduled days of student instruction which are not held because of conditions not within the control of school authorities such as inclement weather, fires, epidemics, mechanical breakdowns, or health conditions as defined by the city, county or state health authorities, may be rescheduled at the discretion of the Board of education to insure that the number of contracted calendar days are met. Teachers will receive their regular pay for days which are cancelled but shall work on any rescheduled days with no additional compensation. R:86, 97,02,03,04, 06
1. The Board of Education shall not be required to cancel a “work day” ( i.e. a day when teachers report but students are not in session such as an end of semester grading day, a parent teacher conference day, or an in- service day) or that portion of any day which is scheduled to be a partial “work day” even though students do not report. However, the Board may do so at its discretion. The Board shall not be required to reschedule a “work day” or a partial “work day” which is cancelled, but may do so at its discretion. N: 86
2. Total annual salary is based upon contracted calendar days regardless of whether the days actually worked are the same as originally scheduled or are different from those originally scheduled due to rescheduling by the Board. Teachers will be paid an additional per diem rate only for any days which they are required to work as part of the regular school year beyond the days listed above. N: 86 R: 94, 97, 98, 00,03,04, 06
3. If, at any time during the life of this agreement, it becomes lawful to count as days of pupil instruction those days when pupil instruction is not provided due to conditions not within the control of the Board, it is agreed that the following school closing provisions shall become immediately effective: When an act of God or Board directive forces the closing of a school or other facility of the Board, teachers shall be excused from reporting to duty without loss of pay. Days lost to school closing pursuant to the aforementioned circumstances shall not be rescheduled. N: 86
D...
CONTINUITY OF OPERATIONS. 3 The Association and the Board recognize that strikes and other forms of work 4 stoppages by employees are contrary to law and public policy. The Association and the Board 5 subscribe to the principle that differences shall be resolved by peaceful and appropriate means 6 without interruption of the school program. The Association, therefore, agrees that its officers, 7 representatives, and members shall not authorize, instigate, cause, aid, encourage, ratify or 8 condone, nor shall any employee take part in any strike, slowdown or stoppage of work, 9 boycott, picketing or other interruption of activities in the school system. Failure or refusal on 10 the part of any employee to comply with a provision of this Article shall be cause for whatever 11 disciplinary action is deemed necessary by the Board.
