Opinion and Award Sample Clauses

Opinion and Award. The Arbitrator shall issue a written opinion and award, in conformance with the following requirements:
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Opinion and Award. The arbitrator shall issue a written opinion and award within sixty (60) days of closing arguments or the receipt of post-hearing briefs, whichever is later. The arbitration award and opinion shall be signed and dated by the arbitrator and shall decide all issues submitted and set forth the legal principles supporting each aspect of the opinion and award. The arbitrator shall only be permitted to award those remedies in law or equity which are requested by the parties and which are supported by the credible, relevant evidence. The arbitrator shall have no authority to award punitive or exemplary damages under any circumstances or for any reason.
Opinion and Award. The arbitrator shall have no power to add to, subtract 27 from, alter or modify any of the terms of this agreement. The arbitrator shall 28 submit his/her opinion and award within thirty (30) days after the conclusion of 29 the hearing (or the receipt of the court reporter's transcript, whichever is later).
Opinion and Award. The arbitrator will be requested to render his Opinion and Award within thirty (30) days, but in no event later than sixty (60) days after the conclusion of the hearing. The Opinion and Award will be mailed on the date of the award with one (1) copy to the Employer and one (1) copy to the Union.
Opinion and Award. Within thirty (30) days following the hearing and the submission of the matter to the arbitrator, the arbitrator shall issue a written opinion and award which shall be signed and dated. The arbitrator’s award shall decide all issues submitted by the parties, and the arbitrator may not decide any issue not submitted. The arbitrator shall prepare in writing and provide to the parties a decision and award which includes factual findings and the reasons upon which the decision is based. The arbitrator shall be permitted to award only those remedies in law or equity which are requested by the parties and allowed by law.
Opinion and Award. (1) The Arbitrator shall issue a written opinion within 90 days after receiving post-hearing briefs or reply briefs.
Opinion and Award. In accordance with the New York Plan for the Settlement of Jurisdictional Disputes, an Arbitration Panel was appointed to hear and decide a jurisdiction dispute between the above-named Unions, involving the operation of Hoist for Personnel and Materials (also known as a Joint Venture Car) at the construction locations of 000 Xxxx 00xx Xxxxxx xxx0000 Xxxxxxxx (contractors respectively Tishman Construction and Bovis Lend Lease). The members of the Panel of Arbitrators were Xxxxxx Xxxxx, Xxx XxXxxxxxx, Xxxxxx Xxxxx, Xxx Xxxxx, and the Undersigned as Chairman. A hearing was held on March 4, 2006 at which time representatives of the above Unions appeared and were afforded full opportunity to offer evidence and argument and to examine and cross-examine witnesses. There are five “joint venture” hoists involved at the two locations. A “joint venture” car transports both personnel and construction material, together and separately. Hence the terminology “joint venture hoist.” The contractors assigned the operation of those hoists to operators from Local 14-14B. (A sixth hoist, not involved in this dispute, and used exclusively to transport personnel has been assigned to Local 1, and there is no dispute that that hoist belongs in the jurisdiction of Local 1.) Local 1 claims that whenever a joint venture transports personnel (with or without construction material) its operation belongs to Local 1 and that therefore the exclusive assignment to Local 14-14B is improper. Local 14-14B argues contrariwise, asserting that the instant assignment is properly within its jurisdiction and it has accepted that assignment from the contractors. The authority and purpose of this Arbitration Panel is precisely defined by the New York Plan. It is not for the Panel to legislate a solution it deems appropriate, nor may the Panel ignore the standards set forth in the Plan and substitute its own judgment for what it thinks the parties should agree to or order other arrangements it may deem equitable. Rather, the Plan specifically sets forth the Panel’s limited authority and the evidentiary standards upon which its decision must be based. The Plan reads in pertinent part: “The Arbitration Panel shall be bound by Green Book decisions…or where there are none, International Agreements of record between the trades. If none of those apply for any reason…the Arbitration Panel shall consider the established trade practice in the greater New York geographical area.” It is undisputed that there ar...
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Related to Opinion and Award

  • Opinion and 10b 5 Statement of Counsel for the Company. Xxxxxx & Xxxxxxx LLP, counsel for the Company, shall have furnished to the Representatives, at the request of the Company, their written opinion and 10b-5 statement, dated the Closing Date or the Additional Closing Date, as the case may be, and addressed to the Underwriters, in form and substance reasonably satisfactory to the Representatives.

  • Opinion and Comfort Letter Furnish, at the request of any Holder requesting registration of Registrable Securities, on the date that such Registrable Securities are delivered to the underwriter(s) for sale, if such securities are being sold through underwriters, or, if such securities are not being sold through underwriters, on the date that the registration statement with respect to such securities becomes effective, (i) an opinion, dated as of such date, of the counsel representing the Company for the purposes of such registration, in form and substance as is customarily given to underwriters in an underwritten public offering and reasonably satisfactory to a majority in interest of the Holders requesting registration, addressed to the underwriters, if any, and to the Holders requesting registration of Registrable Securities and (ii) letters dated as of (x) the effective date of the registration statement covering such Registrable Securities and (y) the closing date of the offering, from the independent certified public accountants of the Company, in form and substance as is customarily given by independent certified public accountants to underwriters in an underwritten public offering and reasonably satisfactory to a majority in interest of the Holders requesting registration, addressed to the underwriters, if any, and to the Holders requesting registration of Registrable Securities.

  • Opinion of Company's Counsel The Purchaser shall have received from Morrxxxx & Xoerxxxx XXX, counsel for the Company, an opinion dated the Closing Date, in the form attached hereto as Exhibit C.

  • Opinion of Company Counsel On each Closing Date, there shall have been furnished to you, as Representatives of the several Underwriters, the opinion of Xxxxxxx Xxxxx LLP, counsel for the Company, dated such Closing Date and addressed to you in substantially the form attached hereto as Exhibit B.

  • Option Closing Date Opinion of Counsel On the Option Closing Date, if any, the Representative shall have received the favorable opinion of counsel listed in Section 4.2.1, dated the Option Closing Date, addressed to the Representative and in form and substance reasonably satisfactory to the Representative, confirming as of the Option Closing Date, the statements made by such counsel in its opinion delivered on the Closing Date.

  • Legal Opinion of Counsel The Administrative Agent shall have received an opinion or opinions (including, if requested by the Administrative Agent, local counsel opinions) of counsel for the Credit Parties, dated the Closing Date and addressed to the Administrative Agent and the Lenders, in form and substance acceptable to the Administrative Agent (which shall include, without limitation, opinions with respect to the due organization and valid existence of each Credit Party, opinions as to perfection of the Liens granted to the Administrative Agent pursuant to the Security Documents and opinions as to the non-contravention of the Credit Parties’ organizational documents and Material Contracts).

  • Opinion of Counsel, Etc At the Closing, the Purchasers shall have received an opinion of counsel to the Company, dated the date of the Closing, in the form of Exhibit G hereto, and such other certificates and documents as the Purchasers or its counsel shall reasonably require incident to the Closing.

  • Opinion of Tax Counsel The Company shall have received an opinion from Xxxxxx Xxxxxx Rosenman LLP, special counsel to the Company, dated the Closing Date, to the effect that, on the basis of the facts, representations and assumptions set forth or referred to in such opinion, the Merger will qualify as a “reorganization” within the meaning of Section 368(a) of the Code. In rendering its opinion, Xxxxxx Xxxxxx Xxxxxxxx LLP may require and rely upon representations contained in letters from each of HEOP and the Company.

  • Opinion of Counsel The Indenture Trustee shall receive at least seven days prior written notice when requested by the Issuer to take any action pursuant to Section 8.04(b), accompanied by copies of any instruments involved, and the Indenture Trustee shall also require, as a condition to such action, an Opinion of Counsel, in form and substance satisfactory to the Indenture Trustee, stating the legal effect of any such action, outlining the steps required to complete the same, and concluding that all conditions precedent to the taking of such action have been complied with and such action will not materially and adversely impair the security for the Notes or the rights of the Noteholders in contravention of the provisions of this Indenture; provided, however, that such Opinion of Counsel shall not be required to express an opinion as to the fair value of the Trust Estate. Counsel rendering any such opinion may rely, without independent investigation, on the accuracy and validity of any certificate or other instrument delivered to the Indenture Trustee in connection with any such action.

  • Opinion of the Company's Counsel The Purchaser shall have received from Company counsel, in a form satisfactory to the Purchaser and its counsel, an opinion dated the Closing Date.

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