(b) Section 4.19(b) of the Company`s disclosure plan lists each collective agreement and any pending or threatened request to the Company for physical representation of employment in relation to a service provider. For each collective agreement set out in section 4.19(b) of the Company`s disclosure plan, the Company has provided the parent company with a copy of that agreement. The activities covered, in turn, are defined fairly broadly in the PSP and include Navistar International Transportation Corporation, its parent company Navistar International Corporation and „its successors and all its affiliates and subsidiaries, with the exception of Navistar International Corporation Canada.“ (R. 399–5, PSP, PGID 1668.) The PSP also includes provisions for the treatment of companies acquired after the effective date of the agreement, with profit-sharing obligations for these companies varying depending on Navistar`s percentage of ownership and whether the acquisitions are located in the United States. Section 8.03. Public announcements. The initial announcement regarding this Agreement will consist of press releases from either party, as agreed between the parties in advance, and thereafter, the Company and the Parent Company will consult with each other before issuing press releases or making public announcements regarding the transactions contemplated in this Agreement and before submitting submissions to third parties and/or government agencies to this Agreement. regard. except for announcements, press releases or filings required by applicable law or by obligations arising from a listing agreement with or from the rules of a national stock exchange or an inter-dealer listing service or at the request of a government agency. PureWorks` accounting arbitration clause applied to „disagreements on all matters contained in the [Earnout report],“ which is much closer to this arbitration agreement. 554 F. App`x to 378 (second modification of the original).
In an unpublished statement, we called for arbitration for „operational disagreements affecting the earn-out report – including disputes over the execution of earn-out covenants.“ Such disputes „concern and affect the figures included in the earn-out ratio“ and have therefore been at least probably included in the arbitration clause. Id. at p. 380. This analysis also applies to operational disputes. The SBC fundamentally questions Navistar`s corporate structure not because it wants to restructure the company, but because it wants to change the way business information has been reported by Navistar. the SGK deals with the operation only to the extent that it is accounting. It is plausible to interpret „the refusal of [the information provided by Navistar] as including the allegation that the information should change because the organizational structure that the information reflects violates the settlement agreement […].