Common use of Current Ownership Clause in Contracts

Current Ownership. If a Change of Control of YRC Worldwide Inc., including all domestic or Canadian sub- sidiaries but excluding Chinese businesses (collectively “YRCW”) occurs, this Restructuring Plan may be terminated and wages reverted to full NMFA on a prospective basis if the Union so elects in writing and all other provisions of this Revised Plan shall be null and void on a prospective basis; provided that in the case of the sale of a business unit of YRCW, whether through the sale of assets or stock or through a merger, the election shall only apply to the business unit that is the subject of the sale. Union approval for any Change of Control is required. For the purposes of this Section 24, a “Change of Control,” shall be deemed to have taken place if a third person, including a “group” as defined in Section 13(d)(3) of the Securities Exchange Act of 1934, as amended, (a) purchases or otherwise acquires shares of YRCW after the date of this Agreement that, together with stock held by such person or group, constitutes more than 50 percent of the total voting power of the stock of YRCW where the current direc- tors of YRCW (or directors that they nominate or their nominees nominate) no longer continue to hold more than 50% of the vot- ing power of the board of directors); (b) acquires a material portion of the assets of a business unit of YRCW that is subject to a Union collective bar- gaining agreement.

Appears in 1 contract

Sources: Restructuring Agreement

Current Ownership. If a Change of Control of YRC Worldwide Inc., including all domestic or Canadian sub- sidiaries subsidiaries but excluding Chinese businesses (collectively "YRCW") occurs, this Restructuring Plan may be terminated and wages reverted to full NMFA on a prospective basis if the Union so elects in writing and all other provisions of this Revised Plan shall be null and void on a prospective basis; provided that in the case of the sale of a business unit of YRCW, whether through the sale of assets or stock or through a merger, the election shall only apply to the business unit that is the subject of the sale. Union approval for any Change of Control is required. For the purposes of this Section 24, a "Change of Control," shall be deemed to have taken place if a third person, including a "group" as defined in Section 13(d)(3) of the Securities Exchange Act of 1934, as amended, (a) purchases or otherwise acquires shares of YRCW ofYRCW after the date of this Agreement that, together with stock held by such person or group, constitutes more than 50 percent of the total voting power of the stock of YRCW where the current direc- tors directors of YRCW (or directors that they nominate or their nominees nominate) no longer continue to hold more than 50% of the vot- ing voting power of the board of directors); (b) acquires a material portion of the assets of a business unit of YRCW that is subject to a Union collective bar- gaining bargaining agreement.

Appears in 1 contract

Sources: Restructuring Agreement

Current Ownership. If a Change of Control of YRC Worldwide Inc., including all domestic or Canadian sub- sidiaries subsidiaries but excluding Chinese businesses (collectively “YRCW”) occurs, this Restructuring Plan may be terminated and wages reverted to full NMFA on a prospective basis if the Union so elects in writing and all other provisions of this Revised Plan shall be null and void on a prospective basis; provided that in the case of the sale of a business unit of YRCW, whether through the sale of assets or stock or through a merger, the election shall only apply to the business unit that is the subject of the sale. Union approval for any Change of Control is required. For the purposes of this Section 24, a “Change of Control,” shall be deemed to have taken place if a third person, including a “group” as defined in Section 13(d)(3) of the Securities Exchange Act of 1934, as amended, (a) purchases or otherwise acquires shares of YRCW after the date of this Agreement that, together with stock held by such person or group, constitutes more than 50 percent of the total voting power of the stock of YRCW where the current direc- tors directors of YRCW (or directors that they nominate or their nominees nominate) no longer continue to hold more than 50% of the vot- ing voting power of the board of directors); (b) acquires a material portion of the assets of a business unit of YRCW that is subject to a Union collective bar- gaining bargaining agreement.

Appears in 1 contract

Sources: Restructuring Agreement (YRC Worldwide Inc.)