L E O F C O N T E N T S. Section Page Section 1. Grant of Security 2 Section 2. Security for Obligations 4 Section 3. Grantors Remain Liable 4 Section 4. Delivery and Control of Security Collateral 4 Section 5. Maintaining the Account Collateral 5 Section 6. Investing of Amounts in the Collateral Account 6 Section 7. Release of Amounts 6 Section 8. Representations and Warranties 6 Section 9. Further Assurances 8 Section 10. As to Inventory 9 Section 11. Insurance 9 Section 12. Post-Closing Changes; Collections on Receivables and Related Contracts 9 Section 13. As to Material Intellectual Property 10 Section 14. Collateral Agent Appointed Attorney-in-Fact 11 Section 15. Collateral Agent May Perform 12 Section 16. The Collateral Agent’s Duties 12 Section 17. Remedies 13 Section 18. Maintenance of Records 14 Section 19. Indemnity and Expenses 15 Section 20. Limitations on Liens on Collateral 15 Section 21. Amendments; Waivers; Additional Grantors; Etc. 15 Section 22. Notices, Etc 16 Section 23. Continuing Security Interest; Assignments Under the Credit Agreement 16 Section 24. Release; Termination 16 Section 25. Certain Provisions in Respect of Mexican Inventory 17 Xxxx – Security Agreement Section 26. Execution in Counterparts 18 Section 27. Governing Law 18 Schedules Schedule I - Pledged Deposit Accounts/Securities Accounts Schedule II - [Reserved] Schedule III - Chief Executive Office, Type of Organization, Jurisdiction of Organization and Organizational Identification Number Schedule IV - Changes in Name, Location, Etc. Schedule V - Locations of Inventory Exhibits Exhibit A - Form of Security Agreement Supplement Xxxx – Security Agreement AMENDED AND RESTATED SECURITY AGREEMENT AMENDED AND RESTATED SECURITY AGREEMENT, dated as of June 20, 2013 (this “Agreement”), made by XXXX HOLDING CORPORATION (the “Borrower”), the other Persons listed on the signature pages hereof and the Additional Grantors (as defined in Section 21) (the Borrower, the Persons so listed and the Additional Grantors being, collectively, the “Grantors”), to CITIBANK, N.A., as collateral agent (in such capacity, together with any successor collateral agent appointed pursuant to Article VII of the Credit Agreement (as hereinafter defined), the “Collateral Agent”) for the Secured Parties (as defined in the Credit Agreement referred to below).
L E O F C O N T E N T S. P a g e SECTION 1. Definitions 1 SECTION 2. Agreement to Purchase; Servicing of the Mortgage Loans 14 SECTION 3. Mortgage Schedules 15 SECTION 4. Purchase Price 15 SECTION 5. Examination of Mortgage Files 16 SECTION 6. Conveyance from Seller to Purchaser 16 Subsection 6.01 Conveyance of Mortgage Loans; Possession of Servicing Files 16 Subsection 6.02 Books and Records 17 Subsection 6.03 Delivery of Mortgage Loan Documents 18 Subsection 6.04 Quality Control Procedures 20
L E O F C O N T E N T S. Section Page Section 1. Guaranty; Limitation of Liability 1 Section 2. Guaranty Absolute 2 Section 3. Waivers and Acknowledgments 3
L E O F C O N T E N T S. CLAUSE CONTENT PAGE 24 Accident Make-Up Pay (Workcover Arrangements) 31 17 Annual Leave 24 26 Blood Donors 36 5 Classification Structure 5 19 Compassionate Leave 28 23 Continuity of Service 31 32 Counselling/Rehabilitation/Discipline Programme 39 4 Definitions 4 30 Dispute Resolution Procedure 37 6 Distribution Allowances 6 33 Duration of Agreement/Effective Date/Coverage 41 36 Employee Amenities 42 8 Employment Status and Roster Arrangements 10 43 Eye Testing 48 34 First Aid 41 39 Forklift/Hros Medicals And Licences 44 12 Higher Duties Allowance 19 1 Incidence Of Agreement And Relationship To Parent Award 3 40 Introduction Of Change 44 27 Jury Service 36 35 Long Service Leave 42 15 Meal Allowances 20 13 Meal Breaks 19 7 National Training Wage Traineeship 7 2 No Extra Claims 3 10 Notification Of Change Of Ordinary Hours 17 11 Overtime 18 20 Parental Leave (Appendix 1) 29 21 Payment Of Wages 29 42 Personal Effects 48 16 Personal Leave 21 29 Property – Return To Company 37 18 Public Holidays 26 41 Redundancy 45 14 Rest Pauses 20 31 Safety Footwear/Protective Clothing 38 25 Sickness/Accident Insurance Scheme 36 44 Signatures 49 9 Spread Of Ordinary Hours and Premiums 16 28 Stand Down Procedure 36 3 Store person Wage Rates 3 38 Summer Time 44 37 Superannuation 42 22 Termination Of Employment 30 Appendix 1 Parental Leave 50
L E O F C O N T E N T S. ARTICLE 1 - Purpose… 4 ARTICLE 2 - Recognition 4 ARTICLE 3 - Management Rights 4 ARTICLE 4 - No Discrimination 5 ARTICLE 5 - Period 5 ARTICLE 6 - Salary Schedule 5 ARTICLE 7 - Union Membership 5 ARTICLE 8 - Vacation with Pay 6 ARTICLE 9 - Holiday with Pay 7 ARTICLE 10 - Adjustment of Grievances 8 ARTICLE 11 - Disciplinary Record 10 ARTICLE 12 - No Strike - No Lockout 10 ARTICLE 13 - Working Conditions 11 ARTICLE 14 - Hours of Work 11 14.01 Full time employees… 11 14.02 Part-Time Employees 11 ARTICLE 15: Overtime 12 ARTICLE 16 - Seniority 13 16.02 Probationary Period 13 16.03 Layoff and Recall 14 16.05 Loss of Seniority 15 ARTICLE 17 - Bulletin Boards 16 ARTICLE 18 - Jury Duty 16 ARTICLE 19 - Bereavement Pay 16 ARTICLE 20 - Workplace Safety and Insurance Board 16 ARTICLE 21 - Welfare Plan 17 ARTICLE 22 - Weekly Indemnity 17 Compassionate Leave 17 ARTICLE 23 - Long Term Disability Plan 18 ARTICLE 24 - Pension Plan 18 ARTICLE 25 - Maternity, Paternity, Parental and Adoption Leave 18 ARTICLE 26 - Leave Due to Sickness 18 ARTICLE 27 - Special Leave 19 ARTICLE 28 - Educational Leave (Short- Term and Long- Term) 19 ARTICLE 29 - Business Expense 20 ARTICLE 30 - Educational Courses Expenses 21 ARTICLE 31 - Professional Liability Insurance 21 ARTICLE 32 - Employees Access to Own File 21 WAGE INCREASE 22 LETTER OF UNDERSTANDING 23 In this Agreement, words using the masculine gender include the feminine.
L E O F C O N T E N T S. NOTE: Updates will be made to TOC after all other changes have been made Page DECLARATION OF PRINCIPLES 1 PREAMBLE 1 ARTICLE I RECOGNITION AND COVERAGE OF AGREEMENT 1 ARTICLE II RIGHTS OF THE EMPLOYER 3 ARTICLE III RIGHTS OF EMPLOYEES 3 ARTICLE IV RIGHTS OF THE ASSOCIATION 5 ARTICLE V APPROPRIATE MATTERS FOR CONSULTATION AND NEGOTIATION 6 ARTICLE VI ASSOCIATION REPRESENTATION 7 ARTICLE VII HOURS OF WORK AND OVERTIME 7 ARTICLE VIII HOLIDAYS AND VACATIONS 10 ARTICLE IX LEAVES 11 ARTICLE X PROBATION, SENIORITY AND LAYOFF PROCEDURES 14 ARTICLE XI DISCIPLINE AND DISCHARGE OF EMPLOYEES 15 ARTICLE XII INSURANCE AND RETIREMENT 16 ARTICLE XIII VOCATIONAL TRAINING 17 ARTICLE XIV ASSOCIATION MEMBERSHIP AND CHECKOFF 18 ARTICLE XV GRIEVANCE PROCEDURE 19 ARTICLE XVI TRANSFER OF PREVIOUS EXPERIENCE 20 ARTICLE XVII SALARIES AND EMPLOYEE COMPENSATION 21 ARTICLE XVIII TERM AND SEPARABILITY OF PROVISIONS 22 SIGNATURE PAGE 23 SCHEDULE A 24 ADDENDUM A 25 1 DECLARATION OF PRINCIPLES 2 3 1. Participation of employees in the formulation and implementation of personnel policies affecting 4 them contributes to effective conduct of school business.
L E O F C O N T E N T S. Section Page Section 1. General Grant of Security 2 Section 2. Holdings Grant of Security 5 Section 3. Excluded Assets 6 Section 4. Security for Obligations 6 Section 5. Grantors Remain Liable 6 Section 6. Delivery and Control of Security Collateral 6 Section 7. Maintaining the Account Collateral 7 Section 8. Investing of Amounts in the Cash Collateral Account 8 Section 9. Release of Amounts 8 Section 10. Representations and Warranties 8 Section 11. Further Assurances 9 Section 12. Post-Closing Changes 9 Section 13. As to Intellectual Property Collateral 10 Section 14. Voting Rights; Dividends; Etc 10
L E O F C O N T E N T S. ION CLAUSE PARAMOUNT UNION SECURITY AND SUPPLYING OF PERSONNEL NOTIFICATION OF SUSPENSION OR DISMISSAL GRIEVANCE PROCEDURE BOARDING PASSES STOPPAGE OF WORK SENIORITY AND PROMOTIONS STATUTORY HOLIDAYS VACATIONS GENERAL AND EMERGENCY DUTIES OF QUARTERS OTHER CONVENIENCES MEALS AND COFFEE TIME MEAL ALLOWANCE RETURN TO PORT OF ENGAGEMENT AND EQUIPMENT WAGES AND HOURS OF WORK CALL-IN PAY PAYMENT OF WAGES FRINGE BENEFITS BEREAVEMENT DURATION OF AGREEMENT The general purpose of this Agreement is to secure for the Company, the Union and the Employees, the full benefits of orderly and legal collective bargaining and to ensure to the utmost extent possible the safety and physical welfare of the Employees, economy of operation, standard of service and protection of property. It is recognized by this Agreement to be the duty of the Company and the Union and the Employees to co-operate fully, individually and collectively, for the advancement of said conditions.
L E O F C O N T E N T S. Section Page SECTION 1. Guarantee; Limitation of Liability 1 SECTION 2. Guarantee Absolute 2 SECTION 3. Waivers and Acknowledgments 3 SECTION 4. Subrogation 4 SECTION 5. Representations and Warranties 4 SECTION 6. Covenants 5 SECTION 7. Guarantee Supplements, Etc 5 SECTION 8. Notices, Etc 5 SECTION 9. No Waiver; Remedies 5
