Page Clause Samples
POPULAR SAMPLE Copied 2 times
Page. 6.1 Organization and Good Standing. 30 6.2 Due Authorization 31 6.3 No Conflicts 31 6.4 Consents 31 6.5 Enforceable Obligations 31 6.6 Financial Condition 31 6.7 No Default 32 6.8 Indebtedness 32 6.9 Litigation 32 6.10 Taxes 32 6.11 Compliance with Law 32 6.12 ERISA 33 6.13 Use of Proceeds 33 6.14 Government Regulation 33 6.15 Solvency 33 SECTION 7. AFFIRMATIVE COVENANTS 33 7.1 Information Covenants 34 7.2 Preservation of Existence and Franchises 35 7.3 Books and Records. 35 7.4 Compliance with Law. 35 7.5 Payment of Taxes. 35 7.6 Insurance 36 7.7 Performance of Obligations 36 7.8 ERISA. 36 7.9 Use of Proceeds 36 7.10 Audits/Inspections 36 7.11 Total Funded Debt to Capitalization 37 SECTION 8. NEGATIVE COVENANTS 37 8.1 Nature of Business 37 8.2 Consolidation and Merger 37 8.3 Sale or Lease of Assets 38 8.4 Limitation on Liens 38 8.5 Fiscal Year 38 SECTION 9. EVENTS OF DEFAULT 39 9.1 Events of Default 39 9.2 Acceleration; Remedies. 41 9.3 Allocation of Payments After Event of Default 42 SECTION 10. AGENCY PROVISIONS 42 10.1 Appointment 42 10.2 Delegation of Duties 43 10.3 Exculpatory Provisions 43 10.4 Reliance on Communications 44 10.5 Notice of Default 44 10.6 Non-Reliance on Administrative Agent and Other Lenders 44 10.7 Indemnification 45 10.8 Administrative Agent in Its Individual Capacity 45 10.9 Successor Administrative Agent 46 SECTION 11. MISCELLANEOUS 46 11.1 Notices 46 11.2 Right of Set-Off; Adjustments 46 11.3 Benefit of Agreement 47 11.4 No Waiver; Remedies Cumulative 50 11.5 Payment of Expenses, etc. 50 11.6 Amendments, Waivers and Consents 51 11.7 Counterparts; Telecopy 52 11.8 Headings 52 11.9 Defaulting Lender 52 11.10 Survival of Indemnification and Representations and Warranties 52 11.11 GOVERNING LAW 52 11.12 WAIVER OF JURY TRIAL 53 11.13 Severability 53 11.14 Entirety 53 11.15 Binding Effect 53 11.16 Submission to Jurisdiction 53 11.17 Confidentiality 54 11.18 Designation of SPVs 54 Schedule 1.1 Commitment Percentages Page Schedule 6.8 Indebtedness Schedule 11.1 Notices Exhibit 2.1(b) Form of Competitive Bid Request Exhibit 2.2(a) Form of Notice of Borrowing Exhibit 2.2(c) Form of Notice of Conversion/Continuation Exhibit 2.6(a) Form of Revolving Loan Note Exhibit 2.6(b) Form of Competitive Bid Loan Note Exhibit 5.1(c) Form of Closing Certificate Exhibit 5.1(f) Form of Legal Opinion Exhibit 7.1(c) Form of Officer’s Certificate Exhibit 11.3 Form of Assignment Agreement 364-DAY CREDIT AGREEMENT (this “Credit Agreement”), dated as of May 3...
Page. 1. SENIORITY 31 Definition 31 Local Union Seniority 31 Departmental Seniority 31 Seniority in Event of Transfer Outside or Within Jurisdiction of the Union 31 Seniority as of July 1, 1950 31 Seniority of New Employees and of Employees Returning to Work After Leaving Employment 32 Rights and Privileges Arising From Seniority 33 Bidding Procedure 33 Acceptance and Job Anniversary Date 34 Transfers and Vacancies 34 Temporary Transfers 34 Temporary Employees 35 Seniority Lists 35 Choice of Vacation 35 Seniority of Employees Serving in the Defense Of the United States 35 2. OVERTIME 36
3. EMPLOYMENT 40
4. SCHEDULES 40 Continuous Rotating Shifts 40 Change in Schedule of Non-rotating shift Employees 41 5. HOLIDAYS 41 6. SAFETY RULES 42 a. Items Included by Reference 42 b. Cooperation 42 c. Work on Voltages Between 600 Volts And 15, 000 volts 42 d. Work Above 15,000 Volts 43
Page. “Redemption Date” 17 “Redemption Price” 17 “Registration Rights Agreement” 17 “Registration Statement” 18 “Regular Record Date” 18 “Regulation S” 18 “Regulation S Global Securities” 18 “Responsible Officer” 18 “Replacement Assets” 18 “Restricted Subsidiary” 18 “Revolving Facility” 18 “Rule 144A” 19 “Rule 144A Global Securities” 19 “S&P” 19 “Securities Act” 19 “Senior Guarantor Indebtedness” 19 “Senior Guarantor Representative” 19 “Senior Indebtedness” 19 “Senior Representative” 20 “Series B Global Securities” 20 “Shelf Registration Statement” 20 “Significant Restricted Subsidiary” 20 “▇▇▇▇▇ Subordinated Loan” 20 “Special Record Date” 21 “Stated Maturity” 21 “Subordinated Indebtedness” 21 “Subsidiary” 21 “Successor Security” 21 “Temporary Cash Investments” 21 “Trustee” 22 “Trust Indenture Act” 22 “Unrestricted Subsidiary” 22 “Unrestricted Subsidiary Indebtedness” 22 “Voting Stock” 22 “Wholly-Owned Restricted Subsidiary” 22 Section 102 Other Definitions. 22 Section 103. Compliance Certificates and Opinions. 23 Section 104. Form of Documents Delivered to Trustee. 24 Section 105. Acts of Holders. 25 Section 106. Notices, etc., to the Trustee, the Company and any Guarantor. 26 Section 107. Notice to Holders; Waiver. 27 Section 108. Conflict with Trust Indenture Act. 27 Section 109. Effect of Headings and Table of Contents. 27 Section 110. Successors and Assigns 27 Section 111. Separability Clause. 28 Section 112. Benefits of Indenture 28 SECTION 113. GOVERNING LAW 28 Section 114. Legal Holidays. 28 Section 115. Independence of Covenants. 28 Section 116. Schedules and Exhibits. 28 Section 117. Counterparts. 29 Section 118. No Personal Liability of Directors, Officers, Employees, Members, Partners and Stockholders. 29 Section 201. Forms Generally 29 Section 202. Form of Face of Security. 31 Section 203. Form of Reverse of Securities 44 Section 204. Form of Guarantee. 53 Section 301. Title and Terms. 59 Section 302. Denominations. 60 Section 303. Execution, Authentication, Delivery and Dating. 60 Section 304. Temporary Securities. 61 Section 305. Registration, Registration of Transfer and Exchange. 62 Section 306. Book Entry Provisions for Global Securities. 63 Section 307. Special Transfer and Exchange Provisions. 65 Section 308. Mutilated, Destroyed, Lost and Stolen Securities 67 Section 309. Payment of Interest; Interest Rights Preserved. 68 Section 310. CUSIP Numbers 69 Section 311. Persons Deemed Owners. 69 Section 312. Cancellation. 70 Section 313. Computati...
Page. Section 6.04 No Duties Except as Specified in this Agreement or in Instructions ........................................... 11 Section 6.05 No Action Except Under Specified Documents or Instructions ................................................ 11
Page. Call Back Compassionate Leave Cost-of-Living Allowance Dental Plan Disciplinary Action Drug Plan Educational Leave Effective Date Duration Employee birthday Extended Health Care First Aid Injury Allowance Grievance Procedure Holidays Hours of Work Jury Duty Crown Witness of Absence Letters of Agreement Life Insurance Long Term Disability Loss Management Rights Negotiating Committee Nursing Home Plan Occupational Definitions I I I (e) Overtime Input Overtime Pay Overtime Records Paid Absence Allowance Days Paid Education Leave Pension Plan Personal Paid Holidays Promotion Posting Purpose Recall Notice Recognition Rest Periods Wash-up time Retiree Life Rules Regulation Schedule Safety Equipment Mandatory Safety Glasses Safety Shoe Allowance Safety Health Semi-Skilled Definitions Seniority Seniority Listing Seniority Layoffs Premium Sickness Accident Plan Skilled Trades Definitions Social Security Starting Rates Strikes and Lockouts Fund Temporary Part Time Employees Union Committee Union Representation Union Security Union Time Vice-chairman Union Time Chairman Union Time Committeemen Vacation Requests Vacations &Vacation Pay Vision Plan Wage Schedule "A" Wages Canada Savings Bonds. Central Stampings Common Law Spouse First Aid Certification Health and Safety Holiday Pay Inspector Classification Labourer Classification Last Day Worked Before Christmas Leaders Lockers Lunchroom Smoke Eater. Lunch Time Clocking Maintenance New Hires in Selected Trades I9 New Technology Payroll Summary Pension Plan dated the 30th day of September, It is the intent and purpose of the parties to this Agreement, which has been negotiated and enter- ed into in good faith:
Page. SECTION 1. AUTHORIZATION OF NOTES 1 SECTION 2. SALE AND PURCHASE OF NOTES 1 SECTION 3. CLOSING 1 SECTION 4. CONDITIONS TO CLOSING 2 Section 4.1 Representations and Warranties 2 Section 4.2 Performance; No Default 2 Section 4.3 Compliance Certificates 2 Section 4.4 Opinions of Counsel 2 Section 4.5 Purchase Permitted by Applicable Law, Etc. 2 Section 4.6 Related Transactions 3 Section 4.7 Payment of Special Counsel Fees 3 Section 4.8 Private Placement Number 3 Section 4.9 Changes in Corporate Structure 3 Section 4.10 Funding Instructions 3 Section 4.11 Proceedings and Documents 3 SECTION 5. REPRESENTATIONS AND WARRANTIES OF THE COMPANY 3 Section 5.1 Organization; Power and Authority 3 Section 5.2 Authorization, Etc. 4 Section 5.3 Disclosure 4 Section 5.4 Organization and Ownership of Shares of Subsidiaries; Affiliates 4 Section 5.5 Financial Statements 5 Section 5.6 Compliance with Laws, Other Instruments, Etc. 5 Section 5.7 Governmental Authorizations, Etc. 5 Section 5.8 Litigation; Observance of Agreements, Statutes and Orders 6 Section 5.9 Taxes 6 Section 5.10 Title to Property; Leases 6 Section 5.11 Licenses, Permits, Etc. 6 Section 5.12 Compliance with ERISA 7 Section 5.13 Private Offering by the Company 8 Section 5.14 Use of Proceeds; Margin Regulations 8 Section 5.15 Existing Debt; Future Liens 8 Section 5.16 Foreign Assets Control Regulations, Etc. 9 Section 5.17 Status under Certain Statutes 9 Section 5.18 Investment Company Act 9 Section 5.19 Environmental Matters 10 Section 5.20 Notes Rank Pari Passu 10 Section 5.21 Credit and Collection Policy 10 SECTION 6. REPRESENTATIONS OF THE PURCHASERS 10 Section 6.1 Purchase for Investment 10 Section 6.2 Source of Funds 11 Section 6.3 Accredited Investor 11 SECTION 7. INFORMATION AS TO COMPANY 11 Section 7.1 Financial and Business Information 11 Section 7.2 Officer’s Certificate 13 Section 7.3 Inspection 14 SECTION 8. PREPAYMENT OF THE NOTES 14 Section 8.1 Required Prepayments 14 Section 8.2 Optional Prepayments 14 Section 8.3 Allocation of Partial Prepayments 15 Section 8.4 Maturity; Surrender, Etc. 15 Section 8.5 Purchase of Notes 15 Section 8.6 [Reserved] 15 SECTION 9. AFFIRMATIVE COVENANTS 16 Section 9.1 Compliance with Law 16 Section 9.2 Insurance 16 Section 9.3 Maintenance of Properties 16 Section 9.4 Payment of Taxes and Claims 16 Section 9.5 Corporate Existence, Etc. 17 Section 9.6 Credit and Collection Policy 17 SECTION 10. NEGATIVE COVENANTS 17 Section 10.1 Minimum Consolidated Tangible Net Worth...
Page. Art. 1 – Purpose 1 Art. 2 – Scope and Recognition 1 Art. 3 – Management Rights 1 Art. 4 – Union Security 2 Art. 5 – No Strikes or Lockouts 3 Art. 6 – Representation 3 Art. 7 – No Discrimination 5 Art. 8 – Grievance Procedure 8 Art. 9 – Discipline 10 Art. 10 – Arbitration 11 Art. 11 – Seniority 12 Art. 12 – Lay-Off and Recall 13 Art. 13 – Job Posting 16 Art. 14 – Bulletin Boards 19 Art. 15 – Leave of Absence - Education Leave 19 - Public Office Leave 19 - Union Leave 20 - 15.02 – Pregnancy and Parental Leave 20 - 15.03 - Personal Leave 20 Art. 16 – Health & Safety - 1 – Principles 21 - 2 – Joint Health, Safety and Environmental Committees 21 - 3 – Certified Members 23 - 4 – No Disciplinary Action 23 - 5 – Education and Training 24 - 6 – Accident and Incident Investigations 24 - 7 – Disclosure of Information 25 - 8 – Monitoring 25 - 9 – Access to the Workplace 25 - 10 – National Minute of Silence 25 - 11 – Ventilation 25 - 12 – Noise Abatement Program 25 - 13 – Hot-Weather Plan 26 - 14 – Ergonomics 26 - 15 – Protective Clothing and Equipment 27 - 16 – Lockout and Tagout Program 27 - 17 – Working Alone/Confined Space Entry 27 - 18 – Employees Injured on Job 27 - 19 – Emergency Response Team 28 a – Purpose 28 b – Procedure for Spills 28 c – Staffing 29 i – ERT Staff Requirements 29 ii – ERT Member Selection Process 29 iii – Team Captain 29 iv – Duties of ERT Team Members 30 v – Lay-Off/Resignation of ERT Members 30 vi – Rates of Pay 30 vii – Personal Equipment/Clothing 30 viii – Supplies 31 ix – Meetings/Attendance 31 - 20 – Joint Return To Work Committee (JRTWC) Agreement 31 Structure of Committee 32 Function of Committee 32 Prevention… 33 Return to Work Procedures… 33 Occupational Injuries - Procedures… 34 Permanent Disability (Occupational) 35 Non-Occupational Injury or Illness 35 - 21 – Workers’ Safety and Insurance Board (WSIB) 36 - 22 – Prescription Safety Glasses 36 - 23 – Safety Shoes 36 Art. 17 – Vacations 36 Art. 18 – Paid Holidays 38 Art. 19 – Hours of Work 39 Art. 20 – Overtime 41 Art. 21 – Shift Premium 43 Art. 22 – Bereavement Leave 44 Art. 23 – Reporting Pay 44 Art. 24 – Call Back Pay 44 Art. 25 – Jury / Witness Duty Leave 44 Art. 26 – Job Classifications and Rates of Pay 45 Art. 27 – Benefits… 45
Page. 1.1 INVITATION TO TENDER 2 1.2 TENDER CONDITIONS AND INFORMATION 3 1.3 GENERAL CONDITIONS OF CONTRACT 9
1.4 TERMS OF REFERENCE AND GENERAL INFORMATION TO BIDDERS 15 SECTION 2 2.1 SPECIAL CONDITIONS OF CONTRACT 17 SECTION 3
3.1 MBD1: BID FOR REQUIREMENTS OF THE MUNICIPALITY OF MOSSEL BAY 18 SECTION 4 4.1 MBD4: DECLARATION OF INTEREST 22 4.2 MUNICIPAL RATES AND TAXES 25 4.3 MBD8: DECLARATION OF ▇▇▇▇▇▇’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 26 4.4 MBD9: CERTIFICATE OF INDEPENDENT BID DETERMINATION 27 SECTION 5 DECLARATION 30 SECTION 6 CONTRACT FORM 31 SECTION 1.1: INVITATION TO TENDER CLOSING TIME: 12:00 CLOSING DATE: 10 FEBRUARY 2012 TENDER 3/2012: LEASE OF MUNICIPAL BUILDING, OLD TOLL HOUSE, HARTENBOS (PORTION OF ERF 2394, The Mossel Bay Municipality hereby invites tenders for the leasing of the municipal building known as the Old Toll House in Hartenbos, for a period of three (3) years, commencing 1 July 2012 ending 30 June 2015. The building is in need of upgrading, which will be for the account of the lessee. Tenders must be submitted on the original documents and remain valid for ninety (90) days after the closing date of the tender. Enquiries pertaining to the specifications can be addressed to ▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ at telephone (▇▇▇) ▇▇▇-▇▇▇▇. Enquiries pertaining to the completion of the documents can be addressed to Mr ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ at telephone (▇▇▇) ▇▇▇-▇▇▇▇. A set of tender documents can be obtained at a non-refundable cost of R75 per set from ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ at telephone (▇▇▇) ▇▇▇-▇▇▇▇. Payments must be made by crossed cheque payable to the Mossel Bay Municipality. Documents that are e-mailed to prospective bidders will be free of charge. Documents will only be handed to prospective bidders who produce a receipt for the payment of the tender document. Payments must be made by crossed cheque payable to the Mossel Bay Municipality. A set of fully completed tender documents must be placed in a sealed envelope and placed in the tender box on the Lower Ground floor (seaside) at the Mossel Bay Municipality by not later than 12:00 on Friday, 10 February 2012 or be mailed to reach the Tender Box, Mossel Bay Municipality, PO Box 25, Mossel Bay, 6500 before the specified closing date and time. The envelopes must be endorsed clearly with the number, title and closing date of the tender as above. Tenders will be pre-evaluated on functionality and bidders scoring less than 70 out of 100 points for functionality will not be considered for further evaluat...
Page. If a member a spouse at the time of retirementand wishes to have the paid in a formother than the one described above, the spouse must give 'written consent to the election of different form if that form provides the with a benefit less than that described above. The following are someof the alternativeforms of pension payment which are available: This pension will cease on the member's death and provides no security for dependents, Under option, the pension would be paid for the longer of the lifetime and a guaranteedperiod. If the member dies during the guaranteed period, the pension payments would continue to be paid to the member's beneficiary for the balance of the guaranteed period, an example, the guaranteed period may be months (5 years), months (10 years) or (15 years), but cannot exceed months. This pension would be payable for the member's lifetime and would after death to thespouse if the spouse is still alive. The lifetime pension payable to the spouse may be the same as the pension payable the member is alive or a reduced amount depending on the member's election at retirement. At retirement the available options will be explained fully so that each member can choose the formof payment prefers, If a member becomes totally permanently disabled, the member will continue to earn retirement benefits under the These benefits will accrue on the basis that the member earns a full year of credited service in each year as long as acceptable proof of continued disability is provided, At retirement, the member will receive a determined on the basis of the credited serviceearned before and during the period of After January the pension provided for Credited Past Service and Credited Future Service fromthe plan become vested when the member completed two years of continuous plan membership. If a member‘s pension is vested, is eligible to receive it when reaches retirement age regardless of whether or not continues to be employed by In the event that a member who earned a vested pension before retirement beneficiary will be entitled to receive a benefit which has a value equal to value of the vested pension accrued by the member to the date of his death. If the beneficiary the member‘s spouse, the benefit must be paid in the form of a lifetime pension or be transferred ina lump sum to a ”Locked-InRetirement Account“(“LIRA”),a “Life Income Fund” (“UP”), a “Locked-In income Fund” or to the pension plan in which the spouse is a member, A LIRA a vehicle to an ...
Page. At any time the Company may apply to any officer of the Investment Company or Fund for instructions, and may consult with legal counsel or the Investment Company's independent accountants with respect to any matter arising in connection with the services to be performed by the Company under this Agreement, and the Company and its agents or subcontractors shall not be liable and shall be indemnified by the Investment Company or the appropriate Fund for any action reasonably taken or omitted by it in reliance upon such instructions or upon the opinion of such counsel or independent accountant provided such action is not in violation of applicable federal or state laws or regulations.