Sentences with phrase «parties under this agreement»

To be effective, any notice given by a party under this Agreement must be in writing and delivered via mail to A&A Printing, Inc. 6103 Johns Road, Suite 5 Tampa, FL 33634.

To be effective, any notice given by a party under this Agreement must be in writing and delivered (i) if by Draft2Digital to you, via email sent to the email address you have provided to us, via certified mail, return receipt requested, to the physical address you have provided to us, via a posting on the Program website or via a message through your Program account, or (ii) if by you to Draft2Digital, via email sent to [email protected] with a copy to [email protected] or via certified mail, return receipt requested, to Draft2Digital LLC, 5629 SE 67th Street, Oklahoma City, OK 73135.

The obligations and liabilities of the Parties under this Agreement are Joint and Several.

Not exact matches

Important factors that could cause actual results to differ materially from those reflected in such forward - looking statements and that should be considered in evaluating our outlook include, but are not limited to, the following: 1) our ability to continue to grow our business and execute our growth strategy, including the timing, execution, and profitability of new and maturing programs; 2) our ability to perform our obligations under our new and maturing commercial, business aircraft, and military development programs, and the related recurring production; 3) our ability to accurately estimate and manage performance, cost, and revenue under our contracts, including our ability to achieve certain cost reductions with respect to the B787 program; 4) margin pressures and the potential for additional forward losses on new and maturing programs; 5) our ability to accommodate, and the cost of accommodating, announced increases in the build rates of certain aircraft; 6) the effect on aircraft demand and build rates of changing customer preferences for business aircraft, including the effect of global economic conditions on the business aircraft market and expanding conflicts or political unrest in the Middle East or Asia; 7) customer cancellations or deferrals as a result of global economic uncertainty or otherwise; 8) the effect of economic conditions in the industries and markets in which we operate in the U.S. and globally and any changes therein, including fluctuations in foreign currency exchange rates; 9) the success and timely execution of key milestones such as the receipt of necessary regulatory approvals, including our ability to obtain in a timely fashion any required regulatory or other third party approvals for the consummation of our announced acquisition of Asco, and customer adherence to their announced schedules; 10) our ability to successfully negotiate, or re-negotiate, future pricing under our supply agreements with Boeing and our other customers; 11) our ability to enter into profitable supply arrangements with additional customers; 12) the ability of all parties to satisfy their performance requirements under existing supply contracts with our two major customers, Boeing and Airbus, and other customers, and the risk of nonpayment by such customers; 13) any adverse impact on Boeing's and Airbus» production of aircraft resulting from cancellations, deferrals, or reduced orders by their customers or from labor disputes, domestic or international hostilities, or acts of terrorism; 14) any adverse impact on the demand for air travel or our operations from the outbreak of diseases or epidemic or pandemic outbreaks; 15) our ability to avoid or recover from cyber-based or other security attacks, information technology failures, or other disruptions; 16) returns on pension plan assets and the impact of future discount rate changes on pension obligations; 17) our ability to borrow additional funds or refinance debt, including our ability to obtain the debt to finance the purchase price for our announced acquisition of Asco on favorable terms or at all; 18) competition from commercial aerospace original equipment manufacturers and other aerostructures suppliers; 19) the effect of governmental laws, such as U.S. export control laws and U.S. and foreign anti-bribery laws such as the Foreign Corrupt Practices Act and the United Kingdom Bribery Act, and environmental laws and agency regulations, both in the U.S. and abroad; 20) the effect of changes in tax law, such as the effect of The Tax Cuts and Jobs Act (the «TCJA») that was enacted on December 22, 2017, and changes to the interpretations of or guidance related thereto, and the Company's ability to accurately calculate and estimate the effect of such changes; 21) any reduction in our credit ratings; 22) our dependence on our suppliers, as well as the cost and availability of raw materials and purchased components; 23) our ability to recruit and retain a critical mass of highly - skilled employees and our relationships with the unions representing many of our employees; 24) spending by the U.S. and other governments on defense; 25) the possibility that our cash flows and our credit facility may not be adequate for our additional capital needs or for payment of interest on, and principal of, our indebtedness; 26) our exposure under our revolving credit facility to higher interest payments should interest rates increase substantially; 27) the effectiveness of any interest rate hedging programs; 28) the effectiveness of our internal control over financial reporting; 29) the outcome or impact of ongoing or future litigation, claims, and regulatory actions; 30) exposure to potential product liability and warranty claims; 31) our ability to effectively assess, manage and integrate acquisitions that we pursue, including our ability to successfully integrate the Asco business and generate synergies and other cost savings; 32) our ability to consummate our announced acquisition of Asco in a timely matter while avoiding any unexpected costs, charges, expenses, adverse changes to business relationships and other business disruptions for ourselves and Asco as a result of the acquisition; 33) our ability to continue selling certain receivables through our supplier financing program; 34) the risks of doing business internationally, including fluctuations in foreign current exchange rates, impositions of tariffs or embargoes, compliance with foreign laws, and domestic and foreign government policies; and 35) our ability to complete the proposed accelerated stock repurchase plan, among other things.

If there is no writing, if and when one party fails to deliver under the agreement you are left with a he said she said battle.

Under the agreement, Tesla has the right to hire a third - party investigator to conduct a second forensic audit of Anderson's and the startup's computers and cloud accounts at any time until February 1, 2018.

That brief bombshell would presumably be followed by a formal notice under NAFTA Article 2205: «A party may withdraw from this agreement six months after it provides written notice of withdrawal to the other parties.

Under the Agreement, the Parties significantly liberalizes trade in goods and services.

But that begs the question of why governments should get away with bumping up our food bills for their political interests, an especially egregious position for a party — recall Mulroney again, but also multiple free trade agreements under Harper — that once championed free trade.

We may also substitute, by way of unilateral novation, effective upon notice to you, The Defense Alliance of Minnesota for any third party that assumes our rights and obligations under this Agreement.

The table above does not include (i) 5,952,917 shares of Class A common stock reserved for issuance under our 2015 Incentive Award Plan (as described in «Executive Compensation — New Employment Agreements and Incentive Plans»), consisting of (x) 2,689,486 shares of Class A common stock issuable upon exercise of options to purchase shares of Class A common stock granted on the date of this prospectus to our directors and certain employees, including the named executive officers, in connection with this offering as described in «Executive Compensation — Director Compensation» and «Executive Compensation — New Equity Awards,» and (y) 3,263,431 additional shares of Class A common stock reserved for future issuance and (ii) 24,269,792 shares of Class A common stock issuable to the Continuing SSE Equity Owners upon redemption or exchange of their LLC Interests as described in «Certain Relationships and Related Party Transactions — SSE Holdings LLC Agreement.»

The Provider will deliver the domain name under retention of title to the Escrow Third Party until the Transferee has paid the Price in accordance with the Additional agreement.

The 2014 Recapitalization Agreement would also provide that under certain circumstances we may be required to issue new warrants to purchase shares of our common stock at an exercise price per share of $ 0.01 rather than issue shares of our common stock, in exchange for certain of the Related - Party Notes and Related - Party Warrants.

(Under the NAFTA agreement, any party to the deal can withdraw with six months» notice.)

Actual results may vary materially from those expressed or implied by forward - looking statements based on a number of factors, including, without limitation: (1) risks related to the consummation of the Merger, including the risks that (a) the Merger may not be consummated within the anticipated time period, or at all, (b) the parties may fail to obtain shareholder approval of the Merger Agreement, (c) the parties may fail to secure the termination or expiration of any waiting period applicable under the HSR Act, (d) other conditions to the consummation of the Merger under the Merger Agreement may not be satisfied, (e) all or part of Arby's financing may not become available, and (f) the significant limitations on remedies contained in the Merger Agreement may limit or entirely prevent BWW from specifically enforcing Arby's obligations under the Merger Agreement or recovering damages for any breach by Arby's; (2) the effects that any termination of the Merger Agreement may have on BWW or its business, including the risks that (a) BWW's stock price may decline significantly if the Merger is not completed, (b) the Merger Agreement may be terminated in circumstances requiring BWW to pay Arby's a termination fee of $ 74 million, or (c) the circumstances of the termination, including the possible imposition of a 12 - month tail period during which the termination fee could be payable upon certain subsequent transactions, may have a chilling effect on alternatives to the Merger; (3) the effects that the announcement or pendency of the Merger may have on BWW and its business, including the risks that as a result (a) BWW's business, operating results or stock price may suffer, (b) BWW's current plans and operations may be disrupted, (c) BWW's ability to retain or recruit key employees may be adversely affected, (d) BWW's business relationships (including, customers, franchisees and suppliers) may be adversely affected, or (e) BWW's management's or employees» attention may be diverted from other important matters; (4) the effect of limitations that the Merger Agreement places on BWW's ability to operate its business, return capital to shareholders or engage in alternative transactions; (5) the nature, cost and outcome of pending and future litigation and other legal proceedings, including any such proceedings related to the Merger and instituted against BWW and others; (6) the risk that the Merger and related transactions may involve unexpected costs, liabilities or delays; (7) other economic, business, competitive, legal, regulatory, and / or tax factors; and (8) other factors described under the heading «Risk Factors» in Part I, Item 1A of BWW's Annual Report on Form 10 - K for the fiscal year ended December 25, 2016, as updated or supplemented by subsequent reports that BWW has filed or files with the SEC.

The shares related to the $ 580.0 million equity rights offering were issued and the fee payable to the commitment parties under the Backstop Commitment Agreement was paid in new common stock as set forth in the plan of reorganization.

Under ON RRP, the Federal Reserve sells securities currently held on the FED's $ 4.2 trillion balance sheet to a wide variety of counter parties with an agreement to buy it back on the next business day with interest.

The U.S. government parties did not pay any losses under the agreement and will keep $ 5.2 billion of $ 7 billion in trust preferred securities as well as warrants for common shares that were issued by Citigroup as consideration for such guarantee.

The Tax Court found that Treasury had inadequately addressed evidence in the notice - and - comment process that parties not under common control did not share stock - based compensation costs, although Treasury explained in the Preamble to the regulation that cost - sharing agreements between uncontrolled parties are not sufficiently comparable to those in controlled - party transactions.

That is because the Tax Court accepted the taxpayer's argument that it need not share stock - based compensation costs under a qualified cost - sharing agreement because arm's length parties would not do so.

A copy of the JV agreement attached the lawsuit shows the partners originally agreed that Eichner would have 36 months from the launch of sales to put $ 500 million worth of units under contract to a bona - fide third party, a common requirement for development projects.

Examples of these risks, uncertainties and other factors include, but are not limited to the impact of: adverse general economic and related factors, such as fluctuating or increasing levels of unemployment, underemployment and the volatility of fuel prices, declines in the securities and real estate markets, and perceptions of these conditions that decrease the level of disposable income of consumers or consumer confidence; adverse events impacting the security of travel, such as terrorist acts, armed conflict and threats thereof, acts of piracy, and other international events; the risks and increased costs associated with operating internationally; our expansion into and investments in new markets; breaches in data security or other disturbances to our information technology and other networks; the spread of epidemics and viral outbreaks; adverse incidents involving cruise ships; changes in fuel prices and / or other cruise operating costs; any impairment of our tradenames or goodwill; our hedging strategies; our inability to obtain adequate insurance coverage; our substantial indebtedness, including the ability to raise additional capital to fund our operations, and to generate the necessary amount of cash to service our existing debt; restrictions in the agreements governing our indebtedness that limit our flexibility in operating our business; the significant portion of our assets pledged as collateral under our existing debt agreements and the ability of our creditors to accelerate the repayment of our indebtedness; volatility and disruptions in the global credit and financial markets, which may adversely affect our ability to borrow and could increase our counterparty credit risks, including those under our credit facilities, derivatives, contingent obligations, insurance contracts and new ship progress payment guarantees; fluctuations in foreign currency exchange rates; overcapacity in key markets or globally; our inability to recruit or retain qualified personnel or the loss of key personnel; future changes relating to how external distribution channels sell and market our cruises; our reliance on third parties to provide hotel management services to certain ships and certain other services; delays in our shipbuilding program and ship repairs, maintenance and refurbishments; future increases in the price of, or major changes or reduction in, commercial airline services; seasonal variations in passenger fare rates and occupancy levels at different times of the year; our ability to keep pace with developments in technology; amendments to our collective bargaining agreements for crew members and other employee relation issues; the continued availability of attractive port destinations; pending or threatened litigation, investigations and enforcement actions; changes involving the tax and environmental regulatory regimes in which we operate; and other factors set forth under «Risk Factors» in our most recently filed Annual Report on Form 10 - K and subsequent filings by the Company with the Securities and Exchange Commission.

J.C. Penney said that the plan does not include «certain affiliates of Pershing Square Capital Management, L.P. or certain affiliates of Vornado Realty Trust so long as such party's beneficial ownership is permitted under such party's letter agreements with the company.»

Any amounts payable to a Sponsor Indemnified Party under Section -LSB--RSB- of the Trust Agreement may be payable in advance or shall be secured by a lien on the Trust.

To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

The parties have entered a license agreement through which Nestle will manufacture and distribute the new products under the Hostess brands.

An inquiry into Australia's intellectual property arrangements was commissioned by the Treasurer on 18 August 2015, which is to have regard to Australia's international arrangements, including obligations accepted under bilateral, multilateral and regional trade agreements to which Australia is a party.

You shall not Post Content that: (1) infringes any proprietary rights of any third party; (2) violates any law or regulation; (3) is defamatory or trade libelous; (4) is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, intimidating, profane, pornographic, hateful, racially, ethnically or sexually discriminatory or otherwise objectionable in any way or that otherwise violates any right of another; (5) encourages conduct that would violate any conduct prohibited by this Agreement; (6) restricts or inhibits any other user from using the Website; (7) is or amounts to an unsolicited advertisement, promotion, or other form of solicitation; (8) impersonates any person or entity or that directly or indirectly attempts to gain unauthorized access to any portion of the Website or any computer, software, or data of any person, organization or entity that uses or accesses the Website; (9) provides or create links to external sites that violate the Agreement; (10) is intended to harm, exploit, solicit, or collect personally identifiable information of, any individual under the age of 18 («Minor») in any way; (11) invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information without their foreknowledge and willing consent or distributes or contains viruses or any other technologies that may harm the Website or any of its users; (12) is copyrighted, protected by trade secret or otherwise subject to third - party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Non-GMO Project all of the license rights granted herein; and / or (13) contains or promotes an illegal or unauthorized copy of another person's copyrighted work.

Except as provided in Section 8 above, no modification of or amendment to this Agreement, or any waiver of any rights under this Agreement, shall be effective unless in writing signed by each party hereto.

The parties agreed to extend the cocoa supply agreement under which Barry Callebaut supplies cocoa products to Petra Foods until end of June 2020.

Lets be honest the Europa League is the slightest bit of dignity that Arsene & The Board have left to cling onto after another miserable season under the Frenchman... I do believe that the 2 year deal was to keep the questions from the media of him leaving to a minimum knowing full well their is an agreement in place for all parties to agree for him to leave if this season isnt good, tonights game & 2nd leg will answer a few questions!

Section 1 (b) of Article XIII in the 2011 CBA specifically states: «It shall constitute a violation of Section 1 (a) above for a Team (or Team Affiliate) to enter into an agreement or understanding with any sponsor or business partner or third - party under which such sponsor, business partner or third - party pays or agrees to pay compensation for basketball services (even if such compensation is ostensibly designated as being for non-basketball services) to a player under Contract to the Team.»

Instead, both parties are operating under the agreement signed in 2015.

Except as expressly provided in the Agreement, nothing contained in the Agreement or on the Web Site shall be construed as conferring any other license or right, expressly, by implication, by estoppels, or otherwise under any of momstown's Intellectual Property Rights or under any third party's Intellectual Property Rights.

If they did somehow get through this system (and it's possible that their vote share would swell under the new system), they do have some room for agreement with the main parties.

The move clears a major obstacle in the way of the restoration of power - sharing government between Sinn Fein and the Democratic Unionist Party (DUP) at Stormont, which, under the terms of the St Andrews agreement, could take place in March.

Under the Vienna Convention, for example, a «fundamental change of circumstances» is grounds for withdrawing from an international agreement, provided «the existence of those circumstances constituted an essential basis of the consent of the parties to be bound by the treaty».

In agreement with the Tory scholar Maurice Cowling, «The Conservative Party under Mrs Thatcher had used a radical rhetoric to give intellectual respectability to what the Conservative Party had always wanted.»

Although the power - sharing requirements for devolved government under the Good Friday Agreement were probably essential to involve the mainstream parties representing both communities, they handed a veto on progress to those parties.

Under the terms of the unity agreement being reached, the IDC would fold back into the Democratic conference in the Senate as part of a broader bid to have the party take control of the chamber, potentially by the end of the month.

Mondello said he and his wife, Linda Mondello, are entitled to receive health care coverage from the Nassau GOP, «for the rest of our lives» under an agreement with the party in June 2012.

So henceforth, the Labour Party will establish standard constituency agreements with each trade union so that nobody can allege that individuals are being put under pressure at local level.

After losing seats at the 2001 election, the National Party lost one frontbench position under the Coalition agreement, Scott becoming the sacrificial lamb.

The parties can rarely cooperate enough to establish a formal coalition, but operate under a loose agreement instead.

The Tories would argue (in agreement with Polly Toynbee) that proportional representation would deny them their «divine» right to rule alone in future and would keep the party out of power for much longer, with Labour and the Lib Dems more likely to form «progressive» coalitions in office under PR.

As explained in greater detail in 11 FAM 721.2, there are two procedures under domestic law through which the United States becomes a party to an international agreement.

Under the heading of sometimes - politicians - keep - their - word, the three Democratic candidates for state Supreme Court judge stood by an agreement to abide by the party's county executive committee recommendations.

In the One Wales coalition agreement on 27 June 2007 the Wales Labour Party and Plaid Cymru made the commitment «to proceed to a successful outcome of a referendum for full law - making powers under Part IV of the Government of Wales Act 2006 as soon as practicable, at or before the end of the Assembly term».

New Patriotic Party (NPP) Member of Parliament for Adansi Asokwa, K.T Hammond, has moved that Parliament withdraws the AMERI agreement due to what he calls «misrepresentations» by the company when the deal was presented to the House under the Mahama Administration.

In some agreements with a larger party enjoying a higher degree of success at the polls, the smaller party fields candidates under the banner of the larger party, with the elected members of the smaller party sitting with the elected members of the larger party in the cabinet or legislature.