Evaluation of Management Sample Clauses

Evaluation of Management. Dealer and Seller understand and acknowledge that the personal qualifications, expertise, reputation, integrity, experience and ability of the Dealer Principal and Executive Manager and their ability to effectively manage Dealer's day-to-day Dealership Operations is critical to the success of Dealer in performing its obligations under this Agreement. Seller may from time to time develop standards and/or procedures for evaluating the performance of the Dealer Principal and Executive Manager and of Dealer's personnel generally. Seller may, from time to time, evaluate the performance of the Dealer Principal and Executive Manager and will advise Dealer, the Dealer Principal and the Executive Manager of the results of such evaluations and the way in which any deficiencies affect Dealer's performance of its obligations under this Agreement.
Sample 1Sample 2Sample 3See All (11)
AutoNDA by SimpleDocs
Evaluation of Management. Dealer and Seller understand and acknowledge that the personal qualifications, expertise, reputation, ability, integrity, experience and ability of the Executive Manager and his or her ability to effectively manage Dealer's day-to-day Dealership Operations is critical to the success of Dealer in performing its obligations under this Agreement. Seller may from time to time develop standards and/or procedures for evaluating the performance of the Executive Manager and of Dealer's personnel generally. Seller may, from time to time, evaluate the performance of the Executive Manager and will advise Dealer and the Executive Manager of the results of such evaluations, and Dealer shall promptly take such action as may be required to correct any deficiencies in the Executive Manager's performance to the reasonable satisfaction of Seller.
Sample 1Sample 2Sample 3See All (4)
Evaluation of Management. Dealer and Seller understand and acknowledge that the personal qualifications, expertise, reputation, integrity, experience and ability of the Executive Manager and his or her ability to effectively manage Dealer's day-to-day Dealership Operations is critical to the success of Dealer in performing its obligations under this Agreement. Seller may from time to time develop standards and/or procedures for evaluating the performance of the Executive Manager and of Dealer's personnel generally. Seller may, from time to time, evaluate the performance of the Executive Manager and will advise Dealer and the Executive Manager of the results of such evaluations and the way in which any deficiencies affect Dealer's performance of its obligations under this Agreement.
Sample 1Sample 2
Evaluation of Management. The parties agree to the principle of evaluation of management. Recognizing that evaluation is a responsibility of the Employer, the Employer will ensure that the annual evaluation of all persons in management positions, both those excluded from and those included in the Bargaining Unit, will include input from peers, supervised individuals, and other relevant stakeholders.
Sample 1Sample 2
Evaluation of Management. Dealer and Seller understand and ------------------------ acknowledge that the personal qualifications, expertise, reputation, integrity, experience and ability of the Dealer Principal and Executive Manager and their ability to effectively manage Dealer's day-to-day Dealership Operations is critical to the success of Dealer in performing its obligations under this
Sample 1
Evaluation of Management. Group 1 and NMC understand and acknowledge that the personal qualifications, expertise, reputation, integrity, experience and ability of the Dealer Principal and Executive Manager and their ability to effectively manage a dealership's day-to-day operations is critical to the success of such dealership in performing its obligations under the respective Agreement. NMC may from time to time develop standards and/or procedures for evaluating the performance of the Dealer Principal and Executive Manager and of Group 1's Nissan and Infiniti dealership personnel generally. NMC may, from time to time, evaluate the performance of the Dealer Principal and Executive Manager, based on the standards established in the dealership's business plan, and will advise Group 1, the respective Dealer Principal and the Executive Manager of the results of such evaluations and the way in which any deficiencies affect such dealership's performance of its obligations under the applicable Agreement.
Sample 1
Evaluation of Management. Sunbelt and NMC understand and acknowledge that the personal qualifications, expertise, reputation, integrity, experience and ability of the Dealer Principal and Executive Manager and their ability to effectively manage a dealership's day-to-day operations is critical to the success of such dealership in performing its obligations under the respective Agreement. NMC may from time to time develop standards and/or procedures for evaluating the performance of the Dealer Principal and Executive Manager and of Sunbelt's Nissan and Infiniti dealership personnel generally. NMC may, from time to time, evaluate the performance of the Dealer Principal and Executive Manager, based on the standards established in the
Sample 1
AutoNDA by SimpleDocs
Evaluation of Management. Dealer and Seller understand and acknowledge that the personal qualifications, expertise, reputation, ability, integrity, experience and ability of the Executive Manager and his or her ability to effectively manage Dealer's day-to-day Dealership Operations is critical to the success of Dealer in performing its obligations under this Agreement. Seller may from time to time develop standards and/or procedures for evaluating the performance of the Executive Manager and will advise Dealer and the Executive Manager of the results of such evaluations, and Dealer shall promptly take such action as may be required to correct any deficiencies in the Executive Manager's performance to the reasonable satisfaction of Seller.
Sample 1
Evaluation of Management. A critical area of the underwriting is the accurate assessment of management’s strengths and weaknesses. Past performance of the company, past experience of management, references, how management reacts under stress and to poor business conditions and the quality of a company’s MIS are important indicators of the quality of management. Management needs to be capable of making the difficult decisions that may be necessary to get a company through difficult times. Equally important is determining management’s commitment to the business. The Investment Officer and Underwriter are always to be involved in this analysis. When necessary, Senior Management of the Company should supplement this process. In the case of an LBO, we should evaluate not only the buying or sponsor group but also the management who will be executing the business plan. The qualities that should be addressed in making this evaluation are as follows: Performance-What has been management’s track record in delivering projected performance? Accountability-Are key aspects of the business plan identified and assigned to specific persons for execution? Decisiveness-Is management capable of making timely decisions? Industry Knowledge-Does management possess an in-depth knowledge of their industry? Are they capable of quickly adapting to changes in the industry? Commitment-Is management sufficiently committed (subject to non-competition agreement) to the business so that if a downturn should occur they will remain in place? Communication-Does management do a good job of openly communicating with customers, vendors, employees, lenders, etc.? Keeping all parties informed of good and bad news? Organization Intelligence-Does management have the MIS in place to intelligently run its business? Is management sufficiently informed about its competitors, customers, vendors, etc. in order to anticipate problems?
Sample 1

Related to Evaluation of Management

  • Termination of Management Agreement Evidence of the termination of any and all management agreements affecting the Property, effective as of the Closing Date, and duly executed by Seller and the property manager.

  • RIGHTS OF MANAGEMENT Any rights of management which are not specifically mentioned in this Agreement and are not contrary to its intention shall continue in full force and effect for the duration of this contract, always provided that in the exercise of the aforementioned management rights there shall be no discrimination.

  • PROVISION OF MANAGEMENT INFORMATION 15.1 The Supplier shall, at no charge to the Authority, submit to the Authority complete and accurate Management Information in accordance with the provisions of the Framework Agreement Schedule 8 (Management Information).

  • RESERVATION OF MANAGEMENT RIGHTS 5.01 The Union acknowledges that it is the exclusive function of the Company to:

  • Compensation of Managers Except as may be expressly provided for herein or hereafter approved by the Member, no payment will be made by the Company to any Manager for the services of such Manager or any partner or employee of the Manager.

  • Compensation of Manager For the services to be rendered and the facilities to be provided by the Manager hereunder, the Trust shall pay to the Manager from the assets of each Fund a management fee computed daily and paid monthly at an annual rate equal to the lesser of (i) that percentage of that Fund's average daily net assets for the Fund's then-current fiscal year set forth opposite the Fund's name on Schedule A annexed hereto (the "Aggregate Management Fee"), minus that Fund's Aggregate Subadviser Fee (as defined below), if any, and (ii) the difference between that Fund's Aggregate Management Fee for the Fund's then-current fiscal year and the aggregate management fees allocated to that Fund for the Fund's then-current fiscal year from the registered investment company portfolios in which it invests (for which the Manager or an affiliate serves as investment adviser). To the extent that any Fund's Aggregate Subadviser Fee exceeds that Fund's Aggregate Management Fee, the Manager shall pay such amount to the applicable subadvisers on the Fund's behalf. A Fund's Aggregate Subadviser Fee is the aggregate amount payable by that Fund to subadvisers pursuant to agreements between the Trust on behalf of the Fund and the subadvisers. If the Manager provides services hereunder for less than the whole of any period specified in this Section 3, the compensation to the Manager shall be accordingly adjusted and prorated.

  • Termination of Manager If (a) the amounts evidenced by the Note have been accelerated pursuant to Section 8.1(b) hereof, (b) the Manager shall become insolvent, (c) the Manager is in default under the terms of the Management Agreement beyond any applicable grace or cure period, or (d) Manager is not managing the Property in accordance with the management practices of nationally recognized management companies managing similar properties in locations comparable to those of the Property, then, in the case of (a), (b), (c) or (d), Borrower shall, at the request of Lender, terminate the Management Agreement and replace the Manager with a manager reasonably approved by Lender on terms and conditions reasonably satisfactory to Lender, it being understood and agreed that the management fee for such replacement manager shall not exceed then prevailing market rates. In addition and without limiting the rights of Lender hereunder or under any of the other Loan Documents, in the event that (i) the Management Agreement is terminated, (ii) the Manager no longer manages the Property, or (iii) a receiver, liquidator or trustee shall be appointed for Manager or if Manager shall be adjudicated a bankrupt or insolvent, or if any petition for bankruptcy, reorganization or arrangement pursuant to federal bankruptcy law, or any similar federal or state law, shall be filed by or against, consented to, or acquiesced in by, Manager, or if any proceeding for the dissolution or liquidation of Manager shall be instituted, then Borrower (at Borrower's sole cost and expense) shall immediately, in its name, establish new deposit accounts separate from any other Person with a depository satisfactory to Lender into which all Rents and other income from the Property shall be deposited and shall grant Lender a first priority security interest in such account pursuant to documentation satisfactory in form and substance to Lender.

  • NONLIABILITY OF MANAGER In the absence of willful misfeasance, bad faith or gross negligence on the part of the Manager, or reckless disregard of its obligations and duties hereunder, the Manager shall not be subject to any liability to the Trust, or to any shareholder of the Trust, for any act or omission in the course of, or connected with, rendering services hereunder.

  • FUNCTIONS OF MANAGEMENT 4.01 The Union agrees that the Employer has the exclusive right and power to manage its business to direct the working forces and to suspend, discharge or discipline employees for just and sufficient cause, to hire, promote, demote, transfer or lay-off employees, to establish and maintain reasonable rules and regulations covering the operation of the stores, provided however, that any exercise of these rights and powers in conflict with any of the provisions of this Agreement shall be subject to the provisions of the Grievance Procedure as set out herein.

  • Change of Management Not to make any substantial change in the present executive or management personnel of the Borrower.

Time is Money Join Law Insider Premium to draft better contracts faster.