Notion Sample Clauses

Notion. A manifestly unjustified dismissal is defined as the dismissal of an employee with an employment contract of indefinite duration, based on reasons unrelated to the employee’s aptitude or behaviour or to operational needs in the company, institution or service; and, which would never have been carried out by a normal and reasonable employer. The dismissal’s manifestly unjustified nature has nothing to do with its circumstances. Its assessment is purely based on whether the reason(s) for dismissal are related to either the employee or the business and whether a normal and reasonable employer would have taken the same decision. Only the dismissal’s unjustified character is examined, not whether the employer had other more reasonable alternatives. Employment tribunals only have a limited margin for appreciation. Burden of proof The burden of proof lies with: the employee, if the employer informed the employee of the reason(s) for dismissal in accordance with CLA n°109; the employee, if he or she was too late in requesting clarification on the reason for dismissal as stipulated in CLA n°109; the employer, if the employee was not informed of the reason(s) for dismissal either spontaneously or following the employee’s written request in accordance with CLA n°109. The burden of proof’s shift to the employer may encourage employers to spontaneously justify a dismissal if the appropriate reason’s underlying argumentation is weak.
Notion. An abusive dismissal is defined as the dismissal of an employee with an employment contract of indefinite duration based on reasons that are unrelated to the employee’s aptitude or behaviour, or not based on operational needs in the company, institution or service. Burden of proof The burden of proof lies with the employer when the employee contests his or her dismissal.
Notion. Within the meaning of article 1278 Rom.CC.:

Related to Notion

Notional Amount (8) The Class UTR Interest is the sole class of residual interest in the Upper-Tier REMIC. It is not entitled to distributions of principal or interest. The Class X-A, Class X-B, Class X-D, Class X-F, Class X-G, Class X-H, Class S and Class R Certificates do not have Certificate Balances. Additionally, the Class R Certificates do not have a Notional Amount. The Certificate Balance of any (i) Class of Pooled Principal Balance Certificates and the Class VRR Upper-Tier Regular Interest outstanding at any time represents the maximum amount which holders thereof are entitled to receive as distributions allocable to principal from the cash flow on the Mortgage Loans and the other assets in the Trust Fund and (ii) Class of Loan-Specific Certificates outstanding at any time represents the maximum amount which holders thereof are entitled to receive as distributions allocable to principal from the cash flow on the Trust Subordinate Companion Loan and the other assets in the Trust Fund; provided that if amounts previously allocated as Pooled Realized Losses or VRR Realized Losses, or 3 Columbus Circle Non-VRR Realized Losses or 3 Columbus Circle VRR Realized Losses, as applicable, to a Class of Certificates in reduction of the Certificate Balance thereof are subsequently recovered (including without limitation after the reduction of the Certificate Balance of such Class to zero), such Class may receive distributions in respect of such recoveries in accordance with the priorities set forth in Section 4.01 of this Agreement.
Payout Balances Schedule 5.17 contains a complete and accurate list of the status of any “payout” balance, as of the Effective Time, for the Wells and Units subject to a reversion or other adjustment at some level of cost recovery or payout (or passage of time or other event other than termination of a Lease by its terms).
Award Distribution (a) In the event of any partial taking of any Leased Property, the entire Award shall belong to and be paid to Lessor, except that, subject to the rights of the Facility Mortgagees, Tenant shall be entitled to receive from the Award, if and to the extent such Award specifically includes such item, the following:
Interest Cover The Company must ensure that the ratio of Consolidated EBITDA to Interest Payable is not, on the last day of each Measurement Period, less than 3 to 1.
Share Class Annual Compensation Rate Class R-1 1.00% Class R-2 0.75% Class R-2E 0.60% Class R-3 0.50% Class R-4 0.25% Class R-5 No compensation paid Class R-5E No compensation paid Class R-6 No compensation paid
Account Balance The Servicer must never allow any Custodial T&I Account to become overdrawn as to any individual related Borrower. If there are insufficient funds in the account, the Servicer must advance its own funds to cure the overdraft.
Cash Account Except as otherwise provided in Instructions acceptable to Bank, all cash held in the Cash Account shall be deposited during the period it is credited to the Account in one or more deposit accounts at Bank or at Bank's London Branch. Any cash so deposited with Bank's London Branch shall be payable exclusively by Bank's London Branch in the applicable currency, subject to compliance with any Applicable Law, including, without limitation, any restrictions on transactions in the applicable currency imposed by the country of the applicable currency.
Credit Balances No interest or other amount will be paid by the Custodian on any credit balance on an Allocated Account.
Principal Payment Dates Subject to the Subordination Provisions set forth below, payments of the principal amount of this Company Note shall be made as follows:
Deferral Account 3.1 Establishing and Crediting. The Company shall establish a Deferral Account on its books for the Director, and shall credit to the Deferral Account the following amounts: