Section 1 G Sample Clauses

Section 1 G. 1. will not apply if the transaction that constitutes a “change in control” 19 consists solely of a corporate form restructuring that creates a parent holding company of 20 the Company, whose shareholders and Board of Directors at the closing of the transaction 21 are substantially the same as the shareholders and Board of Directors of the Company 23 transaction during the Company’s Chapter 11 reorganization or to a plan of 24 reorganization resulting in emergence from Chapter 11.
Section 1 G. 1. will not apply to any entity that is an IRS qualified employee benefit plan 34 of the Company (or a parent), or a trustee or other fiduciary of such plan acting in its 35 capacity as such, provided that the plan is one in which (i) all pilots who meet the general 36 service requirements applicable to all participants are entitled to participate; (ii) stock of 37 the Company or Company affiliate allocated to accounts of participants is voted in 38 accordance with the instructions of the participants if any are given and (iii) the trustee 39 voting unallocated stock is a nationally recognized bank or financial institution. If stock 40 in the plan which is not required to be voted in accordance with directions of the 41 participants is tendered to an entity outside the plan, such stock will be deemed to be no 42 longer owned by the plan for purposes of Section 1 G. 3. 43 44
Section 1 G. 1. will not apply to any entity that is an IRS qualified employee benefit plan 45 of the Company (or a parent), or a trustee or other fiduciary of such plan acting in its 46 capacity as such, provided that the plan is one in which (i) all pilots who meet the general 1 service requirements applicable to all participants are entitled to participate; (ii) stock of 2 the Company or affiliate allocated to accounts of participants is voted in accordance with 3 the instructions of the participants if any are given and (iii) the trustee voting unallocated 4 stock is a nationally recognized bank or financial institution. If stock in the plan which is 5 not required to be voted in accordance with directions of the participants is tendered to an 6 entity outside the plan, such stock will be deemed to be no longer owned by the plan for 7 purposes of Section 1 G. 3. 9 H. Opportunity to Make Competing Proposal 10 11 In the event the Company receives a proposal for a transaction that would, if completed, 12 result in a successor or change in control, and the Company determines to pursue or facilitate 13 the proposal the Company and/or affiliate will in good faith seek to provide the Association 14 with the opportunity to make a competing proposal at such time and under such 15 circumstances as the Board of Directors of the Company and/or affiliate reasonably 16 determines to be consistent with their fiduciary duties. 17 18 I. General Furlough Protection 19 20 1. No pilot on the seniority list as of July 1, 2001 will be placed on furlough on less than 90 21 days advance written notice. 22 2. No pilot on the seniority list as of July 1, 2001 will be placed on furlough if the staffing at 23 the time of notice or at time of furlough is less than the PBS Staffing Formula 24 (Section 22 C.) for any position. 25 3. The Company will be excused from compliance with the provisions of

Related to Section 1 G

  • Section 12 contained herein shall be construed to include in the bargaining unit any person whose duties 44 as deputy, administrative assistant, supervisor, ▇▇▇▇▇▇▇ or secretary necessarily imply a confidential 45 relationship to the Board of Directors or Superintendent of the District pursuant to RCW 41.56.030 (2).

  • Section 14 Upon timely request, the Department of Administrative Services shall make available at no cost to the Union the latest copy of any SEIU Local 503, OPEU bargaining unit employee statistical and expenditure reports relative to employment and benefits currently produced by the Department of Administrative Services which do not require manual or machine editing to remove confidential data or non-SEIU Local 503, OPEU bargaining unit employee data. Such request must be made in advance of the preparation of the reports. If new and appropriate employee statistical and expenditure reports are produced by the Department of Administrative Services, the Department and the Union may mutually agree in advance to provide such reports at no cost.

  • Section 4.3 34 The Association reserves and retains the right to delegate any right or duty contained herein to 35 appropriate officials of the Public School Employees of Washington State Organization.

  • Section 4 04 Distribution of Reports to the Trustee and the Company; Advances by the Master Servicer.......................................................65 Section 4.05 Allocation of Realized Losses.........................................66 Section 4.06 Reports of Foreclosures and Abandonment of Mortgaged Property.........66 Section 4.07 Optional Purchase of Defaulted Mortgage Loans.........................67 Section 4.08 Surety Bond...........................................................67

  • Section 17 Right Certificate Holder Not Deemed a Stockholder................13 Section 18. Concerning the Rights Agent......................................14 Section 19. Merger or Consolidation or Change of Name of Rights Agent........14 Section 20.