Right to Consent. The Union and/or Employee, with or without the Union, shall have the right to file a grievance concerning any drug or alcohol testing authorized by this agreement up until the point that disciplinary actions are applied for a second positive drug test as contained in Section L of this policy.
Right to Consent. During the Initial Rights Period, without the prior written consent of Holders of Sixty-Six and Two-Thirds Percent (66 2/3%) of the outstanding shares of Series A Preferred Stock, the Company shall not (and shall not permit any of its subsidiaries to) enter into or agree to or consummate one or more acquisitions by it of securities or any business or assets of another Person where the aggregate consideration paid in connection with all such acquisitions is voting securities of the Company (or any other securities exercisable or exchangeable for or convertible into such voting securities) (an "Acquisition Issuance") constituting in the aggregate more than twenty percent (20%) of the Company's voting securities outstanding immediately after the consummation of the first such acquisition.
Right to Consent. So long as there is any amount due and outstanding to Xxxxxxx by the Company, the Company shall not amend its Certificate of Incorporation and/or Certificate of Designation to issue any class of securities that are senior to the Company's Common Stock, without the prior consent of Xxxxxxx.
Right to Consent. The Union and/or the employee, with or without the Union, shall have the right to file a grievance concerning any testing permitted by this Agreement, provided, however, that if disciplinary action arising out of any testing is being contested before the Board of Fire and Police Commissioners, the BFPC (and related judicial review processes as provided by state law) shall be the exclusive forum to challenge compliance with the testing provisions of this Article and to determine any remedies associated with such lapses in compliance.
Right to Consent. 18 ARTICLE IV TRANSFER OF SHARES OF THE COMPANY...............................18 SECTION 4.1
Right to Consent. In the event that at any time after the end of the Lock-up Period, other than in connection with a Permitted Transfer to a Qualified Affiliate or with the written consent of all the other Investors, the BS Entities or HOOPP wish to Transfer any of the Shares they own respectively in WM II and WM III to a third Person, and the other Investors have nox xxxrcised their rights under Section 3.2 hereof, such Investor shall deliver to WM a written notice (the "Consent Notice") setting forth its irrevocable intention to Transfer such Shares respectively in WM II or WM III, indicating the name of the prospective purchaser axx xxquesting to WM to give its consent with respect to the Transfer of Shares described in the Consent Notice. The relevant Investor shall provide promptly to WM any information, reasonably requested by WM, which may be necessary or useful in order to evaluate the prospective purchaser. Within ten (10) Business Days following the date of WM's receipt of such Consent Notice, WM shall send to the relevant Investor a written notice granting or denying its consent to the proposed Transfer, it being understood that (i) WM's consent may not be unreasonably withheld or delayed; (ii) WM shall grant its consent in case the proposed Transferee is a an internationally recognized financial institution, institutional investor or an industrial company which is not active (directly or indirectly, through any of its Affiliates) in the same business as the business conducted by the Company or its subsidiaries; and (iii) in case WM denies its consent to the proposed Transfer, WM shall indicate in writing to the relevant Investor the reasons of such denial and shall deliver or cause to be delivered an irrevocable written offer of one or more alternative prospective purchasers willing to acquire such Shares at the price and at substantially at the same terms and conditions indicated in the Consent Notice; it being understood that, in case of failure by WM to indicate such prospective purchasers within thirty (30) Business Days from the date of receipt of the Consent Notice, the consent shall be deemed granted. If, following the above procedure, WM denies to give its consent to the Transfer of Shares proposed in the Consent Notice, then the relevant Investor may not Transfer such Shares to the proposed purchaser.
Right to Consent. 29 (vii) Spin-Off of Graphics Business...................................30 (f) Rights of Participation..............................................30 (i) General...........................................................30 (ii) Pro Rata Share...................................................30 (iii) New Securities..................................................30 (iv) Procedures.......................................................31 (v) Failure to Exercise...............................................31 (vi) Termination......................................................32 (g) Right of Maintenance.................................................32 (i) General...........................................................32 (ii) Dilutive Securities..............................................32 (iii) Purchase Price..................................................33 (A) Employee Stock.................................................33 (B) Other Dilutive Securities......................................33 (C)
Right to Consent. During the ROFR Period, without the Investor's prior written consent, the Company shall not (and shall not permit any of its subsidiaries to) enter into or agree to or consummate any acquisition by it of securities or any business or assets of another Person where the consideration paid to any single Person or group of affiliated Persons is voting securities of the Company (or any other securities exercisable or exchangeable for or convertible into such voting securities) (an "Acquisition Issuance ") constituting in the aggregate more than thirty-three percent (33%) of the Company's voting securities outstanding immediately after the consummation of such acquisition.
Right to Consent. (a) If any party entitled to indemnification hereunder (the "Indemnified Party") receives notice or has knowledge of any claim for which it believes the other party hereto is obligated to provide indemnification pursuant to Sections 10.2 or 10.3 herein (the "Indemnifying Party"), the Indemnified Party shall notify the Indemnifying Party in writing of such claim within twenty (20) days of its receipt of same (the "Indemnification Claim"). The Indemnification Claim shall set forth a brief description of the facts giving rise to such a claim and the amount (or reasonable estimate) of the Indemnifiable Damages suffered or which may be suffered by the Indemnified Party. The Indemnified Party shall, at the expense of the Indemnifying Party, provide all information regarding the contest or defense of the claim and cooperate fully with the Indemnifying Party in the conduct of any such contest or defense. Before being required to make any payment pursuant to Sections 10.2 or 10.3 herein, the Indemnifying Party may, at its own expense, elect to undertake and control the defense of, and take all necessary steps properly to contest any claim in respect thereof involving third parties or to prosecute such claim to conclusion or settlement satisfactory to the Indemnified Party. If the Indemnifying Party makes the foregoing election, then the Indemnified Party shall have the right to participate, at its own expense, in all proceedings but shall not admit any liability, settle, compromise, pay or discharge the claim without the prior written consent of the Indemnifying Party. If the Indemnifying Party does not make such election, it shall be obligated to pay the costs of defending or prosecuting such claim and shall be bound by whatever result is obtained by the Indemnified Party respecting such claim.
Right to Consent. Tenant and Landlord may prosecute and defend any condemnation or appropriation proceedings for the adjudication of taking of the Demised Premises and compensation due therefor, in Landlord's name or in Tenant's name, or both if Landlord so desires. Tenant shall be entitled to prosecute and defend any condemnation or appropriation proceedings for the adjudication of taking of Tenant's property and to receive compensation in Landlord's name or in Tenant's own name, or both, and Tenant shall be entitled to retain, free and clear of any interest or claim of Landlord, the entire compensation or award allocable to Tenant and for the value of Tenant's business and for costs of removal or relocation thereof. The entire award received in connection with any condemnation or appropriation proceeding, including conveyance in lieu thereof, shall be distributed and applied:
