Sentences with phrase «under such conditions other»

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.

These statements are based on current estimates and assumptions made by us in light of our experience and perception of historical trends, current conditions and expected future developments, as well as other factors that we believe are appropriate and reasonable under the circumstances, but there can be no assurance that such estimates and assumptions will prove to be correct.

There's also general photography advice, such as how to take the highest quality photos under specific conditions, as well as other helpful information, like camera reviews.

Actual results, including with respect to our targets and prospects, could differ materially due to a number of factors, including the risk that we may not obtain sufficient orders to achieve our targeted revenues; price competition in key markets; the risk that we or our channel partners are not able to develop and expand customer bases and accurately anticipate demand from end customers, which can result in increased inventory and reduced orders as we experience wide fluctuations in supply and demand; the risk that our commercial Lighting Products results will continue to suffer if new issues arise regarding issues related to product quality for this business; the risk that we may experience production difficulties that preclude us from shipping sufficient quantities to meet customer orders or that result in higher production costs and lower margins; our ability to lower costs; the risk that our results will suffer if we are unable to balance fluctuations in customer demand and capacity, including bringing on additional capacity on a timely basis to meet customer demand; the risk that longer manufacturing lead times may cause customers to fulfill their orders with a competitor's products instead; the risk that the economic and political uncertainty caused by the proposed tariffs by the United States on Chinese goods, and any corresponding Chinese tariffs in response, may negatively impact demand for our products; product mix; risks associated with the ramp - up of production of our new products, and our entry into new business channels different from those in which we have historically operated; the risk that customers do not maintain their favorable perception of our brand and products, resulting in lower demand for our products; the risk that our products fail to perform or fail to meet customer requirements or expectations, resulting in significant additional costs, including costs associated with warranty returns or the potential recall of our products; ongoing uncertainty in global economic conditions, infrastructure development or customer demand that could negatively affect product demand, collectability of receivables and other related matters as consumers and businesses may defer purchases or payments, or default on payments; risks resulting from the concentration of our business among few customers, including the risk that customers may reduce or cancel orders or fail to honor purchase commitments; the risk that we are not able to enter into acceptable contractual arrangements with the significant customers of the acquired Infineon RF Power business or otherwise not fully realize anticipated benefits of the transaction; the risk that retail customers may alter promotional pricing, increase promotion of a competitor's products over our products or reduce their inventory levels, all of which could negatively affect product demand; the risk that our investments may experience periods of significant stock price volatility causing us to recognize fair value losses on our investment; the risk posed by managing an increasingly complex supply chain that has the ability to supply a sufficient quantity of raw materials, subsystems and finished products with the required specifications and quality; the risk we may be required to record a significant charge to earnings if our goodwill or amortizable assets become impaired; risks relating to confidential information theft or misuse, including through cyber-attacks or cyber intrusion; our ability to complete development and commercialization of products under development, such as our pipeline of Wolfspeed products, improved LED chips, LED components, and LED lighting products risks related to our multi-year warranty periods for LED lighting products; risks associated with acquisitions, divestitures, joint ventures or investments generally; the rapid development of new technology and competing products that may impair demand or render our products obsolete; the potential lack of customer acceptance for our products; risks associated with ongoing litigation; and other factors discussed in our filings with the Securities and Exchange Commission (SEC), including our report on Form 10 - K for the fiscal year ended June 25, 2017, and subsequent reports filed with the SEC.

Notwithstanding subsections (b), (c), and (d), a telecommunications carrier that provides telephone exchange service or a provider of IP - enabled voice service (as such term is defined in section 615b of this title) shall provide information described in subsection (i)(3)(A)[1](including information pertaining to subscribers whose information is unlisted or unpublished) that is in its possession or control (including information pertaining to subscribers of other carriers) on a timely and unbundled basis, under nondiscriminatory and reasonable rates, terms, and conditions to providers of emergency services, and providers of emergency support services, solely for purposes of delivering or assisting in the delivery of emergency services.

Notwithstanding the foregoing, we may pay bonuses (including, without limitation, discretionary bonuses) to participants under the Executive Bonus Plan based upon such other terms and conditions as our compensation committee may in its sole discretion determine.

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.

If required to do so by law or in the good faith belief that such action is appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and / or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

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.

(gg) «Stock Appreciation Right» or «SAR» means a right granted under Section 8 which entitles the recipient to receive an amount equal to the excess of the Fair Market Value of a Share on the date of exercise of the Stock Appreciation Right over the exercise price thereof on such terms and conditions as are specified in the agreement or other documents evidencing the Award (the «SAR Agreement»).

Fair enough: decades of Communist tyranny set atop centuries of other, far more invincible tyrannies have effectively shattered the Orthodox world into a contentious confederacy of national churches struggling to preserve their own regional identities against every «alien» influence, and under such conditions only the most obdurate stock survives.

If such dramatic growth was possible in such a short interval of time, under the proper conditions we can expect the same sort of process to occur on other worlds.

Given such a servant of God what other outcome would be possible under human conditions?»

It reminds me of others, such as Nelson Mandela and Martin Luther King, Jr., who were also prisoners yet lived as free individuals, even if under the most challenging of conditions.

Foodservice Equipment & Supplies may, but is under no obligation to, provide You notice of such modifications to these Terms and Conditions via email or other communication.

A number of factors could cause actual results or outcomes to differ materially from those indicated by such forward - looking statements, including but not limited to, (1) our ability to open new restaurants and food and beverage locations in current and additional markets, grow and manage growth profitably, maintain relationships with suppliers and obtain adequate supply of products and retain our key employees; (2) factors beyond our control that affect the number and timing of new restaurant openings, including weather conditions and factors under the control of landlords, contractors and regulatory and / or licensing authorities; (3) changes in applicable laws or regulations; (4) the possibility that the Company may be adversely affected by other economic, business, and / or competitive factors; and (5) other risks and uncertainties indicated from time to time in our filings with the SEC, including our Annual Report on Form 10 - K filed on March 30, 2016 and our Quarterly Report on Form 10 - Q filed on August 15, 2016.

In the end, it all comes back to education: In the ideal world, a parent's decision about whether to allow a child to start playing or continue playing collision sports before high school under current rules of play (which are evolving in the direction of safety, fortunately, as seen, for instance, in USA Hockey's ban on body checking at the Pee Wee hockey level and below, and limits on full - contact practices instituted at every level of football, from Pop Warner, to high school, college, and the NFL), will be a conscious one; a decision in which the risks of participating in a particular sport - provided it is based on the most up - to - date information about those risks and a consideration of other risk factors that might come into play for their child, such as pre-existing learning disabilities (e.g. ADHD), chronic health conditions (e.g., a history of history of multiple concussions or seizures, history of migraines), or a reckless and overly aggressive style of play - are balanced against the benefits to the child of participating.

Without prejudice to the Sleep Lady Solutions, LLC, other rights under these terms and conditions, if you breach these terms and conditions in any way, Sleep Lady Solutions, LLC may take such action as Sleep Lady Solutions, LLC deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and / or bringing court proceedings against you.

Under normal conditions, such as without perfect lighting, a perfectly still camera and the person in the perfect pose — in other words, the real world in which we use our phones, publicly tested algorithms have only managed to get below an overall error rate of around 5 per cent.

They also carried out controlled experiments with new bath toys, under conditions simulating household use: over a period of 11 weeks, some of the toys were exposed to clean and others to dirty bath water (including constituents such as soap, human body fluids and bacteria).

4.2.8 Supply single copies of articles (either digital or paper copies), from the Licensed Materials, to health professionals or other persons legitimately requesting medical information in relation to the medical, therapeutic or technical use and support of any of the Licensee's products under the following conditions only: (a) Such copies must be free - standing with no additional material affixed to or printed on them; (b) The copies must carry, without modification, those copyright notices already incorporated in the Licensed Materials; (c) Recipients must be instructed not to further distribute the copies; (d) This use of Licensed Materials is restricted to responding to enquiries (reactive use).

It remains too soon to tell exactly how this climate system will work under changed conditions and other environmental factors — such as whether the cooling effect of the soot generated by industry and burning forests outweighs the warming effect of greenhouse gases — which may play large roles.

He questions whether other reward - reinforcing behavior, such as eating food, would also be increased under these conditions.

In other words punishment requires that people balance these two influences, and the rTMS manipulation interfered with this balance, especially under conditions in which these factors are dissonant, such as when the intent is clear but the harm outcome is mild,» said Buckholtz.

The results presented in this experiment is the first unambiguous observation of high - pressure diamond formation from mixtures and agree with theoretical predictions about the conditions under which such precipitation can form and will provide scientists with better information to describe and classify other worlds.

Now, Nathan Wolfe of Johns Hopkins University's Bloomberg School of Public Health in Baltimore, along with colleagues at four other institutes, has shown that such infections occur under natural conditions as well.

Still, these vulnerable fish may have other traits — such as disease resistance — that might be valuable under other conditions.

Under these conditions, natural selection may be favoring genes that confer resistance to disease, such as AIDS and malaria, or enhance reproductive fitness in other ways, researchers said in a report in Science.

The dynamics of nucleosome formation and positioning in promoters may, for example, help to understand why some genes are highly expressed, such as those involved in normal or malignant growth, while others, such as stress - induced genes, are only rarely expressed under normal conditions.

Alexander F. Goncharov's analyzes materials under extreme conditions such as high pressure and temperature using optical spectroscopy and other techniques to understand how matter fundamentally changes, the chemical processes occurring deep within planets, including Earth, and to understand and...

In addition to providing an unlimited supply of cells for implantation, the PEC - Direct approach has the potential to provide other advantages relative to cadaver islet transplants such as delivering a more consistent product preparation under quality - controlled cGMP conditions, with a more straightforward and safer mode of delivery.

Moreover, large - scale screens in the C. elegans DMD model allowed identifying genetic and pharmacologic suppressors of dystrophin - dependent muscle degeneration; some of them positively impact mitochondrial functions or structure under stress conditions, or are involved in signaling pathways linked to mitochondria, and others are associated to proteostasis pathways such as autophagy, proteasome and Unfolded Protein Response (UPR).

Such justification would then most likely center on whether, under the introductory phrase of GATT Article XX, a US carbon duty, emission credit requirement or other regulation on imports is applied on a variable scale that takes account of local conditions in foreign countries, including their own efforts to fight global warming and the level of economic development in developing countries.

The results presented in this experiment are the first unambiguous observation of high - pressure diamond formation from mixtures and agree with theoretical predictions about the conditions under which such precipitation can form and will provide scientists with better information to describe and classify other worlds.

In addition to providing an unlimited supply of cells for implantation, the PEC - Direct approach has other potential advantages relative to cadaver islet transplants such as delivering a more consistent product preparation under quality - controlled cGMP conditions, and a more straightforward and safe mode of delivery.

Populations of some aphids, caterpillars, mites, and other invertebrates are sometimes drastically reduced by naturally occurring pathogens, usually under conditions such as prolonged high humidity or dense pest populations.

Another study published in the international journal of medicine QJM found that diets rich in oleic acid, such as the Mediterranean diet, can improve plasma glucose, insulin sensitivity and blood circulation under fasting conditions, which suggests a direct link with better diabetes control and a reduced risk for other serious diseases.

24.3 You acknowledge and agree that the Company would be irreparably damaged if the terms of these Terms & Conditions were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms & Conditions, in addition to such other remedies as we may otherwise have available to us under applicable laws.

Four decades of research by such familiar names as Boyer, DiMartino, DuFour, Fullan, Goodlad, Guskey, Marzano, Reeves, Schmoker, Sizer, Wiggins, and others tells us a lot about how high school students learn, about good teaching, about effective leadership, about positive school cultures, and about the working conditions under which teachers are the most productive.

(b) If the payment to a State under section 111 (a) for a fiscal year is less than the total payments such State received under section 2 of the Vocational REHABILITATION ACT for the fiscal year ending June 30, 1973, such State shall be entitled to an additional payment (subject to the same terms and conditions applicable to other payments under this part) equal to the difference between such payment under section 111 (a) and the amount so received by it.

In determining the amount of any State's Federal share of expenditures for planning, administration, and services incurred by it under a State plan approved in accordance with section 101, there shall be disregarded any portion of such expenditures which are financed by Federal funds provided under other provision of law, and the amount of any non - Federal funds required to be expended as a condition of receipt of such Federal funds.

(b) In determining whether to make a grant, and in fixing the amount thereof and the terms and conditions on which it will be made, the Commissioner shall take into consideration the amount available for grants under this section and the other applications which are pending before him; the financial condition of the applicant and the other resources available to it; the nature, extent, and gravity of its problems incident to desegregation; and such other factors as he finds relevant.

Dynamic Stability Control, the multi-faceted system that helps stabilize all current BMW models under a wide variety of driving conditions, incorporates many other useful functions — some exclusive to AWD models such as the X5 M and X6 M.

Your actual mileage will vary depending driving conditions, how the vehicle is driven and maintained, and other factors 6 The Bluetooth ® word mark and logos are owned by the Bluetooth SIG, Inc., and any use of such marks by Honda Motor Co., Ltd., is under license.

Get solid protection: ThinkPad Tablet customers will have access to Lenovo's full portfolio of enterprise - level services, such as ThinkPlus Support, which provides business customers direct access to advanced technicians with tablet and Android specific experience, and Tablet Protection, which gives business customers coverage for non-warranted damage from operational and structural damage due to drops, minor spills, electrical surges and other accidental damage incurred under normal operating conditions.

Absent some sort of widget that provides real - time price quotes on all of the books one might be willing to purchase from all of the suppliers that might be able to sell it, the cost of acquiring such price information means that consumers will be operating under conditions of imperfect information much of the time; thus, one can not expect all of the benefits and results of the free market to obtain, even if you assume other market imperfections away.

The tender offer will be conditioned on the following: (i) BVF's nominees being elected to the board of directors of Avigen (the «Board») at the Special Meeting (or otherwise appointed) and constituting a majority of directors on the Board, (ii) the Board redeeming rights issued under Avigen's poison pill, (iii) Avigen not committing to any strategic transactions or capital - depleting actions, pursuant to the process described by Avigen on January 14, 2009 (or otherwise), and (iv) other customary conditions such as the absence of a suspension in trading or any material adverse change at Avigen.

Amphibians such as dart frogs and mantellas, among others, will thrive under the conditions provided by this new technology.

For any reservations or other services for which fees may be charged you agree to abide by the terms or conditions of supply including without limitation payment of all moneys due under such terms or conditions.

The following terms shall be without prejudice to our liability under or in relation to any contract which we enter into with you as a result of a booking made by you, but such contract shall be subject to any separate booking conditions or other terms we apply to that contract and any exclusions or restrictions of liability in such conditions or terms.