GENERAL PROVISIONS A. No Limited Partner may withdraw from the Partnership other than as a result of a permitted transfer of all of such Limited Partner's Partnership Units in accordance with this Article 11 or pursuant to redemption of all of its Partnership Units under Section 8.6. B. Any Limited Partner who shall transfer all of its Partnership Units in a transfer permitted pursuant to this Article 11 shall cease to be a Limited Partner upon the admission of all Assignees of such Partnership Units as Substitute Limited Partners. Similarly, any Limited Partner who shall transfer all of its Partnership Units pursuant to a redemption of all of its Partnership Units under Section 8.6 shall cease to be a Limited Partner. C. Transfers pursuant to this Article 11 may only be made on the first day of a fiscal quarter of the Partnership, unless the General Partner otherwise agrees. D. If any Partnership Interest is transferred or assigned during any quarterly segment of the Partnership's fiscal year in compliance with the provisions of this Article 11 or redeemed or transferred pursuant to Section 8.6, or any day other than the first day of a Partnership Year, then Net Income, Net Losses, each item thereof and all other items attributable to such interest for such Partnership Year shall be divided and allocated between the transferor Partner and the transferee Partner by taking into account their varying interests during the Partnerships year in accordance with Section 706(d) of the Code, using the interim closing of the books method. Solely for purposes of making such allocations, each of such items for the calendar month in which the transfer or assignment occurs shall be allocated to the transferee Partner, and none of such items for the calendar month in which a redemption occurs shall be allocated to the Redeeming Partner. All distributions of Available Cash attributable to such Partnership Unit with respect to which the Partnership Record Date is before the date of such transfer, assignment, or redemption shall be made to the transferor Partner or the Redeeming Partner, as the case may be, and in the case of a transfer or assignment other than a redemption, all distributions of Available Cash thereafter attributable to such Partnership Unit shall be made to the transferee Partner.
GENERAL PROVISIONS A. Assignability: This license may be assigned by either party to the successor in interest or assignee of substantially all of its business or assets, or the surviving party of any merger or consolidation to which it is a party provided that the assignee of any assignment assumes all the assignor's obligations hereunder. Apart from any assignment permissible under the preceding sentences of this paragraph 17.1, MARKETING may not otherwise assign the license granted herein or the obligations undertaken herein without the prior written consent of REALTY, which consent shall not be unreasonably withheld. B. Notices: Any notice, approval, consent or other communication required or permitted hereunder shall be in writing and shall be given by personal delivery or telecopy, with acknowledgement of receipt, or by prepaid registered mail, return receipt requested, addressed to the party at its address first above written, to the attention of its General Counsel, or to any other address that either party may subsequently designate, by notice in accordance with this paragraph. Notices and other communications hereunder shall be
GENERAL PROVISIONS A. Entire Agreement is hereby replaced in its entirety as follows:
GENERAL PROVISIONS A. The Employer will determine whether work will be performed on regular work time or overtime, the number, the skills and abilities of the nurses required to perform the work, and the duration of the work. Before requiring nurses to work overtime, the Employer will first attempt to meet its overtime requirements on a voluntary basis through the use of on-call, part-time, volunteers currently working, and callback. In the event there are not enough nurses volunteering to work, the supervisor may require nurses to work overtime, consistent with Section 6.6 of this Article. When overtime is required, it will be assigned to nurses on duty in inverse order of seniority, provided the nurses have the skills and abilities required of the position. A nurse can refuse to work a required overtime one (1) time per rotation. The nurse will remain on the list and will be required to work the next required overtime assignment. The inverse order will be re-established when the list has been exhausted, i.e., the nurse with the greatest seniority has worked their required overtime. A nurse who volunteers to work an overtime shift will have their name removed from the required overtime rotation for that cycle.
GENERAL PROVISIONS A. Purpose The participating lender (Lender) is designated as a Lender for the purpose of processing and requesting Loan Note Guarantee Agreements authorized under 43 CFR part 403, and servicing those loans as authorized herein and under 43 CFR part 403. The Lender enters into this agreement as a condition for obtaining the guarantees. The United States of America, acting through the Bureau of Reclamation, agrees to enter into Loan Note Guarantee Agreements with the Lender issued pursuant to the regulations, and to participate in the specified percentage of any loss on any such loans as established in the Loan Note Guarantee Agreements. The terms of any Loan Note Guarantee Agreements are controlling. B. Full Faith and Credit The guarantee is supported by the full faith and credit of the United States and is incontestable except under the circumstances of fraud or misrepresentation of which the Lender has actual knowledge at the execution of the guarantee or of which the Lender participates in or condones. The Loan Note Guarantee Agreement will be unenforceable by the Lender to the extent any loss is occasioned by violation of usury laws, negligent servicing, or failure to obtain the required security regardless of the time at which Reclamation acquires knowledge of the foregoing. Any losses will be unenforceable by the Lender to the extent that loan funds are used for purposes other than those specifically approved by Reclamation in its Conditional Commitment for Guarantee. Negligent servicing is defined as the failure to perform those services which a reasonably prudent Lender would perform in servicing its own portfolio of loans that are not guaranteed. The term includes not only the concept of a failure to act but also not acting in a timely manner or acting in a manner contrary to the manner in which a reasonably prudent Xxxxxx would act up to the time of loan maturity or until a final loss is paid. II. Loan Origination A. The Lender agrees loan funds will be used for the purposes authorized in 43 CFR part 403 in accordance with the terms of Form 7-2581, Conditional Commitment for Guarantee. B. The Lender certifies that none of its officers or directors, stockholders, or other owners (except stockholders in a Farm Credit Bank or other Farm Credit System (FCS) Institution with direct lending authority that have normal stock or share requirements for participation) has a substantial financial interest in the Borrower. The Lender certifies that neither the B...
GENERAL PROVISIONS A. Attention is directed to the CONTRACT AND GENERAL CONDITIONS and all Sections within DIVISION 01 - GENERAL REQUIREMENTS which are hereby made a part of this Section of the Specifications. 1.2
GENERAL PROVISIONS A. During the periods of Sickness or Accident Disability for which benefits are paid, employees shall not accumulate net credited service for the purpose of qualifying for benefits under this Plan.
GENERAL PROVISIONS A. The recitals contained herein shall be taken as the statements of the Company, and the Trustee assumes no responsibility for the correctness of same. The Trustee makes no representation as to the validly of this First Supplemental Indenture. The Indenture, as supplemented and amended by this First Supplemental Indenture, is in all respects hereby adopted, ratified and confirmed. B. This instrument may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument. C. This First Supplemental Indenture shall be governed by and construed in accordance with the laws of the State of New York. IBM CREDIT CORPORATION By:________________________________ Xxxxxxxx X. Xxxxxxx Vice President, Finance (SEAL) Attest: -------------------------------------- THE CHASE MANHATTAN BANK, (National Association), as Trustee, By:________________________________ Name: Title: (SEAL) Attest: -------------------------------------
GENERAL PROVISIONS A. No Non-Managing Member may withdraw from the Company other than (i) as a result of a permitted Transfer of all of such Non-Managing Member's LLC Units in accordance with this Article 11 and the transferee(s) of such LLC Units being admitting to the Company as a Substituted Member or (ii) pursuant to an Exchange by the Non-Managing Member of all of its LLC Units under Section 8.6 hereof.
GENERAL PROVISIONS A. ENTIRE AGREEMENT AMENDMENT. This document and its Exhibits contain the entire Agreement between the parties relating to the subject matter contained herein. All prior or contemporaneous agreements, written or oral, between the parties regarding the Products are superseded by this Agreement. This Agreement may not be modified except by written document signed by an authorized representative of each party.
