Section 5.1(c) Sample Clauses

Section 5.1(c). Section 5.1(c)(ii)(y)(1) of the Credit Agreement is hereby amended to add the following proviso: “; provided, however, that, from and after the acquisition by the Borrower, directly or indirectly, of equity interests (the “Archstone Interests”) of various affiliates of Archstone (the “Archstone Affiliates”) and for so long as any of such Archstone Affiliates constitutes an Investment Affiliate under this Agreement, the certification pursuant to this Section 5.1(c)(ii)(y)(1) shall be prepared without taking into account the investment in the Archstone Interests and the Borrower shall also deliver to each of the Banks within 80 days after the end of each of the first three quarters of each fiscal year of the Borrower and within 140 days after the end of each fiscal year of the Borrower an additional certification of the matters required by this Section 5.1(c)(ii)(y)(1) that does take into account the investment in the Archstone Interests”
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Section 5.1(c). This provision is of significant concern to SMOs. It allows the Director-General ("DG") to issue Health Employment Directives ("HEDs") which prevail over agreed employment conditions in industrial instruments and contracts. This unilateral power to void agreed conditions of employment is one of the most significant sources of anxiety for SMOs;
Section 5.1(c). The Agreement is hereby amended by adding the following at the end of Section 5.1(c) of the Agreement: “Purchaser shall or shall cause its Affiliates, including any Purchased Entity, to pay any Seller Post-Closing Incentive Payments through payroll, after the deduction of any Taxes which Purchaser shall or shall cause its Affiliates to pay to the appropriate Taxing Authority provided that Seller shall notify Purchaser of the gross Seller Post-Closing Incentive Payments due to the Transferred Employees no later than 5 Business Days before they are due to be paid to the Transferred Employees and Seller and Purchaser agree that, to the extent not included in Net Debt, the Net Seller Post-Closing Incentive Payments shall be included in the Net Debt/Working Capital Adjustment Amount.”

Related to Section 5.1(c)

  • Section 5.1 24 It is agreed and understood that matters appropriate for negotiation between the District and the 25 Association are matters relating to or affecting wages, hours, grievance procedures and general working 26 conditions of employees in the bargaining unit subject to this Agreement.

  • Section 5.2 29 It is further recognized that this Agreement does not alter the responsibility of either party to meet with the 30 other party to advise, discuss or consult regarding matters concerning working conditions not covered by 31 this Agreement. 35 A R T I C L E V I 36 37 ASSOCIATION REPRESENTATION 38

  • Section 4.4 23 The Association reserves and retains the right to delegate any right or duty contained herein to 24 appropriate officials of the Public School Employees of Washington/SEIU Local 1948 State 25 Organization.

  • Section 3.1 29 It is agreed that all employees subject to the Agreement shall have and shall be protected in the exercise of 30 the right, freely and without fear of penalty or reprisal, to join and assist the Association. The freedom of 31 such employees to assist the Association shall be recognized as extending to participation in the 32 management of the Association, including presentation of the views of the Association to the Board of 33 Directors of the District or any other governmental body, group, or individual. The District shall take 34 whatever action required or refrain from such action in order to assure employees that no interference, 35 restraint, coercion, or discrimination is allowed within the District to encourage or discourage membership 36 in any employee organization. 37

  • Section 4.2 1.II Dispute Resolution Procedures is amended to insert the following paragraph to Section 4.2.1.II.A.(4): The Formal Dispute Process set forth in this section II(B) does not apply to formal disputes arising out of an Authorized User Mini-Bid or Authorized User Agreement. Formal disputes between the Contractor and the Authorized User arising out of an Authorized User Mini-Bid or Authorized User Agreement are to be handled in accordance with the process specified by the Authorized User for disputes. See Section 6.12 Mini-Bid Dispute Resolution Process.

  • Section 4.3 18 The Association reserves and retains the right to delegate any right or duty contained herein to 19 appropriate officials of the Public School Employees of Washington State Organization.

  • Section 6.2 33 The Association representatives shall represent the Association and employees in meeting with 34 officials of the District to discuss appropriate matters of mutual interest. They may receive and 35 investigate to conclusion complaints or grievances of employees and thereafter advise employees of 36 rights and procedures outlined in this Agreement and applicable regulations or directives for resolving 37 the grievances or complaints. They may not, however, continue to advise the employee on courses of 38 action after the employee has indicated a desire not to pursue a grievance. The Association may consult 39 with the District on complaints without a grievance being made by an individual employee.

  • Section 4.5 7 The President of the Association and designated representatives may be provided time off without loss 8 of pay to a maximum of ten (10) days per year to attend local, regional or State meetings when the 9 purpose of those meetings is in the best interest of the District as determined by the District 10 administration.

  • Section 3.4 47 Each employee reserves and retains the right to delegate any right or duty contained in this Agreement, 48 exclusive of compensation for services rendered, to appropriate officials of the Association.

  • Section 3.2 39 Each employee shall have the right to bring matters of personal concern to the attention of appropriate 40 Association representatives and/or appropriate officials of the District.

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