OOO Clause Samples

OOO. “Maintenance” means work performed to keep the wetland reserve easement functioning for program purposes for the duration of the enrollment period. Maintenance includes actions and work to manage, prevent deterioration, repair damage, or replace conservation practices or activities on a wetland reserve easement, as approved by NRCS.

OOO. Following the temporary remedial measures implemented during the Spring 2023 Shutdown, the manufacturer of the TEGFs provided a guarantee that each TEGF in its current state, after implementing the corrective actions and measures identified in Paragraph MMM, above, will meet Plan Approval, Section D, Source 205, Condition Nos. 001 and 002 (visible emission and destruction efficiency) in its current condition and identified the bases for the guarantee. The manufacturer’s written guarantee and the information identifying Shell’s repairs and operational practices upon which the guarantee is based are attached as Exhibit D.

OOO. One vision screening, performed as part of a physical exam, during each calendar year to determine vision loss as determined within routine preventive screening according to USPSTF preventive services.

OOO. “State Participation Form” means the form attached as Exhibit V. PPP. “State Participation Date” has the meaning set forth in Section II.A.‌

OOO. LONGEVITY DATE OR LONGEVITY - The cumulative length of a Flight Attendant's active service as a Flight Attendant, commencing on the date in which the Flight Attendant successfully completes the new hire Initial Training program and accumulating thereafter in accordance with the terms of this Agreement. Longevity determines benefit accruals and eligibility for pay increases. PPP. LOST FLYING - Scheduled flying that is removed from a Flight Attendant's line by the Company or flying that is cancelled for any reason. QQQ. MARKETING HOURS - Flight routes assigned to the Company by another Party with whom the Company has a Service Agreement. RRR. MEC – The Master Executive Council of the AFA-CWA for Endeavor Air Flight Attendants SSS. MONTH - The first day through the last day of each calendar month, except when Company adjusts bidding periods based on month balancing in accordance with this Agreement. MONTH-BALANCE - Adjustments to the length of a calendar month to balance Flight Attendant staffing. TTT. NEW FLYING - Same as Additional Flying or Different Flying.

OOO. The Company may elect on or after the date of any adjustment of the Purchase Price to adjust the number of Rights outstanding in lieu of any adjustment in the number of one one-thousandths of a Preferred Share purchasable upon the exercise of a Right. Each Right outstanding after such adjustment of the number of Rights shall be exercisable for the number of one one-thousandths of a Preferred Share for which a Right was exercisable immediately prior to such adjustment of the Purchase Price. Each Right held of record prior to such adjustment of the number of Rights shall become that number of Rights (calculated to the nearest one ten-thousandth) obtained by dividing the Purchase Price in effect immediately prior to adjustment of the Purchase Price by the Purchase Price in effect immediately after adjustment of the Purchase Price. The Company shall make a public announcement of its election to adjust the number of Rights, indicating the record date for the adjustment, and, if known at the time, the amount of the adjustment to be made. This record date may be the date on which the Purchase Price is adjusted or any day thereafter, but, if the Right Certificates have been issued, shall be at least ten days later than the date of the public announcement. Until such record date, however, any adjustment in the number of one one-thousandths of a Preferred Share for which a Right shall be exercisable made as required by this Agreement shall remain in effect. If Right Certificates have been issued, upon each adjustment of the number of Rights pursuant to this Section 12(i), the Company shall, as promptly as practicable, cause to be distributed to holders of record of Right Certificates on such record date Right Certificates evidencing, subject to Section 15 hereof, the additional Rights to which such holders shall be entitled as a result of such adjustment, or, at the option of the Company, shall cause to be distributed to such holders of record in substitution and replacement for the Right Certificates held by such holders prior to the date of adjustment, and upon surrender thereof, if required by the Company, new Right Certificates evidencing all the Rights to which such holders shall be entitled after such adjustment. Right Certificates so to be distributed shall be issued, executed and authenticated in the manner provided for herein and shall be registered in the names of the holders of record of Right Certificates on the record date specified in the public announ...

OOO. “STATUS” means a Pilot’s designation as Captain or First Officer, without regard to equipment type or Domicile.

OOO. “Present Value Factor Based Upon PBGC Rates” means the cost of an immediate annuity $1 per year payable in the form of a life only annuity, payable monthly, commencing at the later of age 65 or the age the Class Member was on the Benefit Commencement Date, determined based upon the PBGC Immediate Interest Rate, the UP-1984 Mortality Table, and standard actuarial formulas divided by (1 plus the PBGC i1 Rate) raised to the power of (the lesser of 7 or the Number of Years From Payment to Age 65) further divided by (1 plus the PBGC i2 Rate) raised to the power of (the greater of 0 or (the lesser of 8 or (the Number of Years From Payment to Age 65 minus 7))) and further divided by (1 plus the PBGC i3 Rate) raised to the power of (the greater of 0 or (the Number of Years From Payment to Age 65 minus 15.

OOO. SOLVENT" means, with respect to any Person as of a particular date, that on such date (i) such Person is able to pay its debts and other liabilities, contingent obligations and other commitments as they mature in the normal course of business, (ii) such Person does not intend to, and does not believe that it will, incur debts or liabilities beyond such Person's ability to pay as such debts and liabilities mature in their ordinary course, (iii) such Person is not engaged in a business or a transaction, and is not about to engage in a business or a transaction, for which such Person's assets would constitute unreasonably small capital after giving due consideration to the prevailing practice in the industry in which such Person is engaged or is to engage, (iv) the fair value of the assets of such Person is greater than the total amount of liabilities, including, without limitation, contingent liabilities, of such Person and (v) the present