Financing Services The Manager shall:
(i) identify and evaluate potential financing and refinancing sources, engaging a third party broker if necessary;
(ii) negotiate terms of, arrange and execute financing agreements;
(iii) manage relationships between the Company and its lenders, if any; and
(iv) monitor and oversee the service of the Company’s debt facilities and other financings, if any.
Banking Services and Swap Agreements Each Lender or Affiliate thereof providing Banking Services for, or having Swap Agreements with, any Loan Party or any Subsidiary or Affiliate of a Loan Party shall deliver to the Administrative Agent, promptly after entering into such Banking Services or Swap Agreements, written notice setting forth the aggregate amount of all Banking Services Obligations and Swap Agreement Obligations of such Loan Party or Subsidiary or Affiliate thereof to such Lender or Affiliate (whether matured or unmatured, absolute or contingent). In furtherance of that requirement, each such Lender or Affiliate thereof shall furnish the Administrative Agent, from time to time after a significant change therein or upon a request therefor, a summary of the amounts due or to become due in respect of such Banking Services Obligations and Swap Agreement Obligations. The most recent information provided to the Administrative Agent shall be used in determining which tier of the waterfall, contained in Section 2.18(b), such Banking Services Obligations and/or Swap Agreement Obligations will be placed.
General Enforcement Authority That the terms of this Agreement shall be enforced in accordance with the provisions, terms and authorities provided in this Agreement and under the respective laws and regulations of each Participating State.
Trunk Group Connections and Ordering 5.2.1 For both One-Way and Two-Way Interconnection Trunks, if Onvoy wishes to use a technically feasible interface other than a DS1 or a DS3 facility at the POI, the Parties shall negotiate reasonable terms and conditions (including, without limitation, rates and implementation timeframes) for such arrangement; and, if the Parties cannot agree to such terms and conditions (including, without limitation, rates and implementation timeframes), either Party may utilize the Agreement’s dispute resolution procedures.
5.2.2 When One-Way or Two-Way Interconnection Trunks are provisioned using a DS3 interface facility, if Onvoy orders the multiplexed DS3 facilities to a Frontier Central Office that is not designated in the NECA 4 Tariff as the appropriate Intermediate Hub location (i.e., the Intermediate Hub location in the appropriate Tandem subtending area based on the LERG), and the provision of such facilities to the subject Central Office is technically feasible, the Parties shall negotiate in good faith reasonable terms and conditions (including, without limitation, rates and implementation timeframes) for such arrangement; and, if the Parties cannot agree to such terms and conditions (including, without limitation, rates and implementation timeframes), either Party may utilize the Agreement’s dispute resolution procedures.
5.2.3 Each Party will identify its Carrier Identification Code, a three or four digit numeric code obtained from Telcordia, to the other Party when ordering a trunk group.
5.2.4 For multi-frequency (MF) signaling each Party will out pulse ten (10) digits to the other Party, unless the Parties mutually agree otherwise.
5.2.5 Each Party will use commercially reasonable efforts to monitor trunk groups under its control and to augment those groups using generally accepted trunk- engineering standards so as to not exceed blocking objectives. Each Party agrees to use modular trunk-engineering techniques for trunks subject to this Attachment.
UNION RECOGNITION AND SECURITY 3.1 The Employer recognizes the Union as the sole bargaining authority for all employees covered by this Agreement and coming within the jurisdiction of the Union. The Union recognizes that the Association is the sole bargaining authority for all subcontractors of the Employer covered by this Agreement and coming within the jurisdiction of the Union.
3.2 The Employer shall be the judge as to the competency of any employee, and shall have the right to discharge men for just cause. The Employer, if requested by the Union, shall provide a termination slip which shall state the reason for discharge or lay-off occurring prior to job completion and whether the employee is eligible for rehire.
3.3 All employees covered by this Agreement, as a condition of continued employment, shall, commencing on the eighth (8th) day following the beginning of such employment, or the effective date of this Agreement, whichever is later, acquire and maintain membership in the Union during the term of their employment.
3.4 Subject to the provisions of Art. 3.2 and Art. 5.8 hereof, the appointment of Journeymen to the capacities of Pipe, Welding, or Tie-in Foremen who shall be members of the Union, is the responsibility of the Employer. Such appointment shall not be interfered with by the Union.
3.5 The Employer recognizes the right of the Union to enforce its Constitution in that the Employer undertakes to provide all welding equipment and shall not employ any employee who provides any vehicle or equipment. No rental equipment shall be utilized to circumvent the intent of this provision.
3.6 The Employer shall require of his employees, as a condition of employment, that an automatic deduction be made from the employee's pay of a sum equal to the regular monthly Union dues.
3.7 As a condition of hiring and continuing employment each employee shall sign the proper authorization form which authorizes the Employer to deduct working dues, initiation fees, and assessments from the employee's pay. The Union will notify the Association in writing as to the amount of fees, dues and assessments to be deducted from the wages of employees from time to time.
3.8 All dues, fees and assessments so deducted shall be remitted to the Local Union not later than the twentieth (20th) of the month following, together with a list showing the amount deducted for each employee.
3.9 The Local Union's Business Manager shall, at the start of a job (i.e. rigging up for pipe operations) select one of its Journeymen members who shall be placed on the Employer's payroll and recognized as the Job ▇▇▇▇▇▇▇; such appointment to be confirmed by letter to the Employer. If the ▇▇▇▇▇▇▇ selected by the Business Manager is objected to by the Employer for valid reason, the Business Manager shall select another Journeyman as ▇▇▇▇▇▇▇ to whom the Employer has no reasonable objection.
3.10 The Job ▇▇▇▇▇▇▇ shall perform his duties the same as any other Journeyman and shall not be discharged for Union activities. The Job ▇▇▇▇▇▇▇ shall be allowed a reasonable amount of time during the working hours to perform the work of the Union but shall not abuse the privilege. On Mainline Pipeline jobs the Job ▇▇▇▇▇▇▇ shall be the last Journeyman in his classification remaining on the job provided he is competent to perform the work to be completed. Where a main pipe gang and a poor boy pipe gang are used, an Assistant ▇▇▇▇▇▇▇ may be selected, where warranted, as agreed upon between the Employer and the Union at the Pre-job Conference or by subsequent arrangement. The Assistant ▇▇▇▇▇▇▇ shall report all matters of concern to the Job ▇▇▇▇▇▇▇ who will deal with any problem or grievance with the representative of the Employer. Where, on a loop line construction job, crews are working out of separate warehouses or marshalling points, the Union shall have the right to appoint an Assistant ▇▇▇▇▇▇▇ for and during the continuation of operations out of each separate warehouse or marshalling point. There shall be no non-working Job ▇▇▇▇▇▇▇ or Assistant Stewards. The Job ▇▇▇▇▇▇▇ shall be notified of any disciplinary warning given to any employee.
3.11 The Business representative of the Local Union shall have access to any job at any time, providing notice is given to the available Employer's representative on the jobsite.
3.12 In the event of an illegal work stoppage by employees covered by the terms and conditions of this Agreement, those employees not performing work during the work stoppage shall not receive any compensation whatsoever for days not worked.
3.13 It is recognized that traditionally all work combined with, associated with or comprising an integral part of pipeline construction as defined in Article 1 hereof, comes solely within the trade jurisdiction of four International Unions, commonly referred to as the "pipeline craft unions" and their Local Unions which are affiliated with Building and Construction Trades Councils, AFL-CIO. The recognition of this historical precedent is hereby re-affirmed.
3.14 The Employer agrees that, notwithstanding the provisions in any of the other three pipeline crafts’ agreements, appendices or understandings, the assignment of any work shall be made in accordance with local area practice and Provincial Labour Board decisions.
