Metrocall definition
Examples of Metrocall in a sentence
None of the employees of Metrocall or any of its Subsidiaries is subject to a collective bargaining agreement, no collective bargaining agreement is being negotiated, and no attempt is being made as of the date hereof or during the past three (3) years has been made to organize any of its employees to form or enter into any labor union or similar organization.
Upon the terms and subject to the conditions set forth in this Agreement, the Weblink Prearranged Plan (as defined in Section 4.1(a)) and the Metrocall Prearranged Plan (as defined in Section 4.1(b)), at the Effective Time (as defined in Section 1.3), Weblink shall be merged with and into Metrocall and the separate corporate existence of Weblink shall thereupon cease.
With respect to the remainder of 2004, the Executive shall be entitled to a minimum bonus payment of $530,000, payable in February 2005; provided that Metrocall Holdings, Inc.
As of the date of this Agreement, there are no audits, examinations, investigations or other proceedings pending or threatened in writing, with respect to Taxes or Tax matters of Metrocall or any of its Subsidiaries.
Subject only to the filing and confirmation of the Metrocall Prearranged Plan and to the receipt of Metrocall Required Consents (as defined in Section 5.2(d)(i)), Metrocall has all requisite corporate power and authority and has taken all corporate action necessary in order to execute, deliver and perform its obligations under this Agreement to consummate the Merger.
Metrocall and Weblink desire to make certain representations, warranties, covenants and agreements in connection with this Agreement.
There is no pending or, to the knowledge of the Metrocall Knowledgeable Executives, threatened material litigation relating to its Compensation and Benefit Plans.
Notwithstanding anything in this Agreement to the contrary, Certificates surrendered for exchange by any person who is an "underwriter" pursuant to Section 1145 of the Bankruptcy Code (as determined pursuant to Section 6.6) of Weblink or Metrocall shall not be exchanged until Metrocall has received a written agreement from such Person as provided in Section 6.6.
Weblink has made available to Metrocall a complete and correct copy of its certificate of incorporation and bylaws, each as amended to date.
This Agreement has been duly executed and delivered by Metrocall and is a valid and binding agreement of Metrocall, enforceable against Metrocall in accordance with its terms, except as enforcement may be limited by the Bankruptcy and Equity Exception.