Transfer Determinations Sample Clauses
Transfer Determinations. Where more than one Bargaining Unit Member is seeking a transfer to a vacancy, and the Board determines to fill the vacancy by a transfer, the Board shall transfer the most qualified teacher, provided that where qualifications are substantially equal, the most senior teacher shall be transferred. "Qualification," for the purpose of this Section, shall mean more than certification, and shall include the Teacher’s grade level and subject area teaching experience, interpersonal relationships, previous transfer history, and performance record. Nothing herein shall require the Board to transfer any teacher during the course of the school term.
Transfer Determinations. Transfer Determinations shall be given by TRG in the manner and subject to the requirements set forth in Section 8.1 of the Partnership Agreement. A Transfer Determination will be deemed to have been provided if not refused by a writing delivered to the Company and the applicable Tendering Holder within three Business Days of TRG's receipt of a Notice or within three Business Days of TRG's receipt of notice that a Holder is joining in a Tender pursuant to Sections 3.2 or 3.6 of this Agreement. A Transfer Determination shall be effective for all purposes (including, without limitation, for the purpose of determining whether a Tender is timely made within an applicable Opt-In Period), as of the date on which TRG receives notice of the Tender from the Holder. In addition, if the Company shall elect the Sale Option, TRG shall provide (or indicate that it is unable to provide) a Transfer Determination, within three Business Days of a request therefor, that provides that upon the withdrawal from the Tender of any Holder, as permitted by Section 4.1(c) of this Agreement, the non-withdrawing Tendering Holders may increase the number of Units of Partnership Interest Tendered to the extent of the number of Units of Partnership Interest withdrawn from the Tender by the Withdrawing Holder(s), subject to whatever limitations TRG deems to be necessary as provided in Section 8.1 of the Partnership Agreement (a "Conditional Transfer Determination"). A request for a Conditional Transfer Determination must be made in writing by a Tendering Holder either (i) at the time of the delivery of the Notice, or the written notice contemplated by Section 3.2 of this Agreement, or (ii) during the 14 Day period beginning upon the Day immediately following the last Day of the relevant Opt-In Period.