Senior Management. If a Dispute occurs that the senior representatives of the Parties responsible for the transaction contemplated by this Agreement have been unable to settle or agree upon within a period of fifteen (15) calendar days after such Dispute arose, Seller shall nominate and commit one of its senior officers, and Buyer shall nominate and commit one of its senior officers, to meet at a mutually agreed time and place not later than thirty (30) calendar days after the Dispute has arisen to attempt to resolve same. If such senior management have been unable to resolve such Dispute within a period of fifteen (15) calendar days after such meeting, or if such meeting has not occurred within forty-five (45) calendar days following such Dispute arising, then either Party shall have the right, by written notice to the other, to resolve the Dispute through the relevant Independent Expert pursuant to Section 16.03.
Senior Management at any time means the senior executive officers of the Company which will include, without limitation, the Chief Executive Officer, President, Chief Operating Officer, Managing Director (China), Chief Financial Officer, Chief Marketing Officer and such other officers of the Company as the Board shall determine from time to time.
Senior Management. The Macerich Partnership and MAC shall cause Art Coppola and either Ed Coppola or Thomas E. O'Hern to remain part of their senior management until the indefeasible payment in full of the Obligations. In the event of death, incapacitation, retirement, or dismissal of any of these individuals, Macerich Partnership and MAC shall have 180 calendar days thereafter in which to retain a senior management replacement reasonably acceptable to the Required Lenders.
Senior Management. Section 7.H. (a)(iii) is hereby revised to replace John E. Baker with Erin D. Pickens as one of the three individuals currently comprising senior management; accordingly said section is amended and restated in its entirety to read as follows: (iii) a majority of those three individuals currently comprising senior management, William H. Armstrong, President, Erin D. Pickens, Senior Vice President, and Kenneth N. Jones, General Counsel, cease to serve in their current positions; or
Senior Management. If the dispute is not resolved by the end of the seven (7) Business Day period referred to in Section 9.1.1, or if the Digimarc Contract Committee and the DMRC Contract Committee agree that the dispute cannot be resolved by them, either Party hereto may deliver a notice (an “Escalation Notice”) demanding an in person meeting involving appropriate representatives of the Parties hereto at a senior level of management of the Parties hereto (or if the Parties agree, of the appropriate strategic business unit or division within such entity) (collectively, “Senior Executives”). Thereupon, each of the Digimarc Contract Committee and the DMRC Contract Committee shall promptly prepare a memorandum stating (a)the issues in dispute and each Party’s position thereon, (b) a summary of the evidence and arguments supporting each Party’s positions (attaching all relevant documents), (c a summary of the negotiations that have taken place to date, and (d) the name and title of the Senior Executive or Senior Executives who shall represent each Party. The Digimarc Contract Committee and the DMRC Contract Committee shall deliver such memorandum to its respective Senior Executive or Senior Executives promptly upon receipt of such memorandum from the Digimarc Contract Committee and the DMRC Contract Committee, respectively. The Senior Executives shall meet for negotiations (which may be held telephonically) at a mutually agreed time and place within ten (10) days of receipt of the Escalation Notice, and thereafter as often as the Senior Executives deem reasonably necessary to resolve the dispute.
Senior Management. Either party may, upon notice and within ten (10) days of receipt of a notice from the Primary Coordinator(s) pursuant to Section 12(a) above, elect to utilize a non-binding dispute resolution procedure whereby each presents its case at a hearing before a panel consisting of one (1) senior executive of each of the parties (the “Senior Executives”), who in the case of the Company shall be the CEO of OpNext USA or any individual he may designate from time to time in his sole discretion (with the Company’s initial Senior Executive to be Mr. Harry Bosco, CEO of OpNext USA), and in the case of Hitachi shall be the President of TSD, initially Mr. Eiji Aoki. If a party elects to use the procedure set forth in this Section 12(b), the other party shall participate. The hearing shall occur as soon as reasonably practicable after a party serves notice to use the procedure set forth in this Section 12(b), but not later than twenty (20) days after such notice unless the parties agree otherwise. Each party may be represented at the hearing by lawyers. In the event the Senior Executives are unable to resolve any dispute within thirty (30) days following the hearing or if neither party makes a timely request for a hearing pursuant to this Section 12(b), each party’s only recourse shall be binding arbitration as provided in Section 12(c) below and the arbitration procedures set forth in Exhibit A hereto.
Senior Management. Either Party may, upon notice and within 10 business days of receipt of a notice from the Management Committee pursuant to Section 28.02, elect to convene a meeting between senior management of the Parties. Such meeting shall occur no more than 10 business days after a Party serves notice to commence the procedure set forth in this Section 28.03. If the matter cannot be resolved at such meeting by such senior executives, a neutral adviser, if one has been agreed upon, may be asked to assist such senior executives in evaluating the strengths and weaknesses of each Party's position on the merits of the dispute. Thereafter, such senior executives shall meet and try again to resolve the matter. If the matter cannot be resolved at such meeting, such senior executives shall inform their respective senior management and the proceedings occurring pursuant to this Section 28.03 will have been without prejudice to the legal position of either Party. Each of the Parties shall bear its respective costs incurred in connection with the procedure set forth in this Section 28.03, except that they shall share equally the fees and expenses of the neutral adviser, if any, and the costs of the facility for the meeting.
Senior Management. The Borrower will cause Douglas M. Pasquale to be the chief executive officer of the Borrower until the indefeasible payment in full of the Obligations; provided, however, no Default or Event of Default shall be deemed to have occurred if Douglas M. Pasquale ceases to be the chief executive officer of the Borrower so long as the Borrower promptly takes all action necessary to replace Douglas M. Pasquale, with another similarly qualified and experienced individual reasonably acceptable to the Required Lenders in their sole determination.