Sentences with phrase «as shareholder claims»

Not exact matches

There were also bank statements, reserve estimates by an independent American geologist and historical records of dividends paid out to shareholders — which would have been improbable if, as the letter writer claimed, the company's mine in China was losing money.

As to where he is currently finding alpha for his shareholders, Gundlach claimed a classic value play.

Liabilities such as debt, underfunded pensions, and outstanding employee stock options are deducted from the DCF value, as they are senior claims on cash flows that must be satisfied before existing shareholders can be paid.

It's a claim on free cash flows that can actually be delivered to shareholders after all other claims have been discharged, such as debt service and investment to replace depreciation and provide for growth.

BlackBerry's ability to manage inventory and asset risk; BlackBerry's reliance on suppliers of functional components for its products and risks relating to its supply chain; BlackBerry's ability to obtain rights to use software or components supplied by third parties; BlackBerry's ability to successfully maintain and enhance its brand; risks related to government regulations, including regulations relating to encryption technology; BlackBerry's ability to continue to adapt to recent board and management changes and headcount reductions; reliance on strategic alliances with third - party network infrastructure developers, software platform vendors and service platform vendors; BlackBerry's reliance on third - party manufacturers; potential defects and vulnerabilities in BlackBerry's products; risks related to litigation, including litigation claims arising from BlackBerry's practice of providing forward - looking guidance; potential charges relating to the impairment of intangible assets recorded on BlackBerry's balance sheet; risks as a result of actions of activist shareholders; government regulation of wireless spectrum and radio frequencies; risks related to economic and geopolitical conditions; risks associated with acquisitions; foreign exchange risks; and difficulties in forecasting BlackBerry's financial results given the rapid technological changes, evolving industry standards, intense competition and short product life cycles that characterize the wireless communications industry, and the company's previously disclosed review of strategic alternatives.

Many factors could cause BlackBerry's actual results, performance or achievements to differ materially from those expressed or implied by the forward - looking statements, including, without limitation: BlackBerry's ability to enhance its current products and services, or develop new products and services in a timely manner or at competitive prices, including risks related to new product introductions; risks related to BlackBerry's ability to mitigate the impact of the anticipated decline in BlackBerry's infrastructure access fees on its consolidated revenue by developing an integrated services and software offering; intense competition, rapid change and significant strategic alliances within BlackBerry's industry; BlackBerry's reliance on carrier partners and distributors; risks associated with BlackBerry's foreign operations, including risks related to recent political and economic developments in Venezuela and the impact of foreign currency restrictions; risks relating to network disruptions and other business interruptions, including costs, potential liabilities, lost revenues and reputational damage associated with service interruptions; risks related to BlackBerry's ability to implement and to realize the anticipated benefits of its CORE program; BlackBerry's ability to maintain or increase its cash balance; security risks; BlackBerry's ability to attract and retain key personnel; risks related to intellectual property rights; BlackBerry's ability to expand and manage BlackBerry ® World ™; risks related to the collection, storage, transmission, use and disclosure of confidential and personal information; BlackBerry's ability to manage inventory and asset risk; BlackBerry's reliance on suppliers of functional components for its products and risks relating to its supply chain; BlackBerry's ability to obtain rights to use software or components supplied by third parties; BlackBerry's ability to successfully maintain and enhance its brand; risks related to government regulations, including regulations relating to encryption technology; BlackBerry's ability to continue to adapt to recent board and management changes and headcount reductions; reliance on strategic alliances with third - party network infrastructure developers, software platform vendors and service platform vendors; BlackBerry's reliance on third - party manufacturers; potential defects and vulnerabilities in BlackBerry's products; risks related to litigation, including litigation claims arising from BlackBerry's practice of providing forward - looking guidance; potential charges relating to the impairment of intangible assets recorded on BlackBerry's balance sheet; risks as a result of actions of activist shareholders; government regulation of wireless spectrum and radio frequencies; risks related to economic and geopolitical conditions; risks associated with acquisitions; foreign exchange risks; and difficulties in forecasting BlackBerry's financial results given the rapid technological changes, evolving industry standards, intense competition and short product life cycles that characterize the wireless communications industry.

The distinction between the competing claims is that Gannett highlighted percentages of unaffiliated shareholders while Tribune Publishing included votes of management as well.

«If it does, voting shareholders may properly claim that their interests have been unfairly disregarded or prejudiced under what is known as the «oppression remedy.»

Either the board wasn't acting in what we believed was the shareholders» best interest, or the buyout offer wasn't as real as the founder was claiming.

The Massachusetts judge who found in favor of Chevedden and McRitchie observed that seeking a declaratory judgment in the courts amounts to ««reversing the statutory scheme,» and would also deny the SEC of its role, as the procedures of the SEC provide shareholders with a «relatively inexpensive opportunity to get claims disputes resolved,»» according to the investor letter.

Litigation funder IMF is calling for aggrieved shareholders to sign up for a possible court action against Treasury Wine Estates, the owner of a portfolio of leading and iconic wine brands such as Penfolds, Wolf Blass and Lindemans, claiming «deceptive and misleading conduct» over disclosures around its troubled US business.

This club has never paid a dividend to shareholders, making your claims of money going out as fatuous as most of your contribution.

At past shareholder meetings, the Chair repeatedly defended promoting infant formula with strategies such as logos on labels claiming «protects» babies, despite knowing that babies fed on breastmilk substitutes are more likely to become sick than breastfed babies and, in conditions of poverty, more likely to die.

By claiming «a renewed focus on its core business,» the president sends a clear message to the shareholders: Anyone buying this stock as speculation on new businesses Alta might be going into should sell it right away.

Insolvency risk: As shareholders» claims are generally the last ones fulfilled in case of insolvency, shares are considered a high - risk investment.

Historically, existing shareholders have seen their claim on total corporate profits diluted at a rate of 2 percentage points a year, as new companies emerge and existing companies issue additional shares.

Or, second, as an owner / shareholder, you can claim your portion of company earnings.

Equity financing can mean fewer future profits are kept within the company as investors and shareholders claim profits or dividends.

The latter is what you have an economic claim on as a shareholder and the former is an expression of how much you would currently pay to get it.

Pursuant to the Plan, the Company is also authorized to dispose of its remaining non-cash assets, on such terms and at such prices as the Company's board of directors, without further shareholder approval, may determine to be in the best interests of the Company and its shareholders, to pay or make reasonable provision to pay all claims against and obligations of the Company, to make such provisions as will be reasonably likely to be sufficient to provide compensation for any claim against the Company which is the subject of a pending action, suit or proceeding to which the Company is a party, to distribute on a pro rata basis to the shareholders of the Company the remaining assets of the Company, and, subject to statutory limitations, to take all other actions necessary to wind up and liquidate the Company's business and affairs.

You hereby irrevocably and unconditionally RELEASE, WAIVE, AND FOREVER DISCHARGE AND COVENANT NOT TO SUE Ubisoft Entertainment S.A., and each of its past, present and future divisions, parent companies, subsidiaries, affiliates, predecessors, successors and assigns, together with all of their respective past, present and future employees, officers, shareholders, directors and agents, and those who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the Campaign (all for the purposes herein referred to as «Released Parties») FROM ANY AND ALL LIABILITY TO YOU, your assigns, heirs, and next of kin FOR ANY AND ALL CLAIMS, DEMANDS, CHARGES, LAWSUITS, DEBTS, DEFENSES, ACTIONS OR CAUSES OF ACTION, OBLIGATIONS, DAMAGES, LOSS OF SERVICE, COMPENSATION, PAIN AND SUFFERING, ATTORNEYS» FEES, AND COST AND EXPENSES OF SUIT, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, ARISING OUT OF OR RELATED TO THE PURCHASE, ACQUISITION, RENTAL, POSSESSION AND / OR USAGE, AND / OR THE INTENT TO PURCHASE, ACQUIRE, RENT, POSSESS AND / OR USE, THE ASSASSIN»S CREED UNITY VIDEO GAME AND / OR THE ASSASSIN»S CREED UNITY SEASON PASS ON ANY AND ALL PLATFORMS, AND / OR RELATED TO THE CAMPAIGN, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.

These include shareholder and partnership disputes; the investigation and pursuit of civil fraud claims against directors, employees and third parties; international asset tracing; professional negligence claims (including against office holders); Company law claims such as minority shareholder petitions (Section 994 Petitions) and specialist applications in relation to the conduct and control of companies; contract disputes; challenges to share sale consideration; and directors» disqualification proceedings.

Business litigation includes several types of business - related claims, such as breach of contract, partner disputes, shareholder disputes, IP enforcement, employment claims, derivative actions, and more.

As well, LAWPRO can look to the partner (s) / shareholder (s) of the law firm the lawyer was at as of the date of the claim for payment of the deductiblAs well, LAWPRO can look to the partner (s) / shareholder (s) of the law firm the lawyer was at as of the date of the claim for payment of the deductiblas of the date of the claim for payment of the deductible.

The once local company located in Quincy quickly became a universal phenomenon in the 1920's and a number of major shareholders claimed the city as their home, along with their families.

During his 21 - year legal career, Mr. Goldberg has litigated hundreds of cases in federal and state courts throughout the United States involving claims of retaliation, discrimination, wrongful termination, fraud, defamation, breach of fiduciary duty, and breach of contract, as well as commercial contract disputes, civil RICO, ERISA, trade secrets and restrictive covenants, corporate governance disputes, minority shareholder disputes, partnership disputes, Madoff counseling and defense, advancement and indemnification proceedings, whistleblower actions (SOX and CEPA), executive compensation counseling, litigation, and arbitration, international litigation and arbitration, antitrust litigation and arbitration, products liability litigation, environmental and toxic tort litigation, and securities fraud.

His recent cases include defending the former President and majority shareholder of VAB Bank against charges of contempt of court (sole counsel); acting for Mercuria Energy Trading in its successful defence of a US$ 270 million claim by Citibank in one of the biggest High Court banking trials of 2014, acting for the Claimant in an on - going US$ 830 million fraud claim in the Commercial Court (Russian banking sector), a US$ 800 million joint venture dispute in the BVI and acting as junior counsel to the Claimants in Hulley & ors v.

The shareholders are suing the bank and several of its former directors claiming that they were misled into participating in RBS» # 12bn rights issue in 2008, incurring significant losses as a result.

Litigation funder Bentham Europe has selected Quinn Emanuel Urquhart & Sullivan as its adviser on a claim by some of Volkswagen's largest shareholders against the company in Germany over the emissions rigging scandal the car maker has been embroiled in.

Edwin Coe LLP is best known for its work in representing large groups of consumers and shareholders as well as acting for small retailers on competition issues; it represented 50,000 Railtrack shareholders in their claim against the Government; 32,000 convenience store owners in their successful challenge against the OFT and the private shareholders in Northern Rock.

Our work includes directors» duties (as they arise both in claims for their breach and in disqualification actions), shareholder disputes, takeovers, mergers and acquisitions, corporate reconstructions, loan capital and banking securities, schemes of arrangement and reductions of capital, and insurance schemes.

Given these developments, I suggest it is a reasonable extension to permit a socially active shareholder such as NEI to bring forward an oppression claim based on environmental concerns.

His recent work includes Ocean Rig (acting with Michael Todd QC for the opposing creditors in a $ 3.7 billion Cayman Islands restructuring), TPD Investments (acting with Michael Todd QC in a shareholder dispute concerning the affairs of a company owning two of the UK's largest hotels) and First Names v IFG (acting as sole counsel for the successful claimants in the Commercial Court trial of an SPA indemnity claim raising several issues of Jersey company law).

Our commercial litigation lawyers successfully defended the majority shareholders of a major New Jersey company against claims of minority shareholder «oppression,» as a result of a 13 - week non-jury trial.

This point has been exercised recently in the US courts in relation to shareholder claims but whereas there have been some indications that the US court would entertain claims from English shareholders, recent decisions show a more conservative approach as to who can sue there.

A number of US law firms are looking into shareholder claims relating to the Grenfell Tower disaster, as the New York - based manufacturer of the building's controversial cladding announced it is halting sales of the product.

US litigation firms look into shareholder claims as New York - based cladding manufacturer halts sales of product

2015 saw the total value of claims funded by Therium break the $ 5 billion mark with litigation and arbitration cases in the UK, Europe, Asia - Pacific and in the Americas, including high profile cases such as the shareholder group action against Lloyds Banking Group over the acquisition of HBOS at the peak of the financial crisis.

The value of the insurance company to their shareholders increases if they can collect as much as possible in premiums and pay out as little as possible in claims.

He observed that the premise underlying Lord Millett's speech was that the company has and can pursue its own cause of action (at [74] and [77]-RRB- and went on to hold -LRB-[at [79]-RRB- that the policy consideration to which Lord Millett had referred as underlying the no reflective loss principle was the need to avoid a situation in which the wrongdoer can not safely compromise the company's claim without fear that he may be met with a further claim by the shareholder in respect of the company's loss.

Mélida began her career in private practice before becoming a U.S. government litigator — first at the Department of Justice, where she litigated claims brought by bank shareholders against the U.S., as well as in cases regarding public contracting disputes.

He claimed that he was unduly and wrongful removed as a shareholder and brought an oppression remedy claim.

Acted as lead trial counsel in a successful jury trial in the Business Litigation Session between shareholders of a close corporation involving claims of breach of fiduciary duty, shareholder status, and wrongful termination.

Pursuing claims against directors on behalf of shareholders where there has been questionable conduct by the directors (known as derivative actions)

Michael has also been invested in small claims civil litigation matters, is able to draft and analyze contracts as relates to any leasing matter, is knowledgeable in the corporate aspect as to incorporations, drafting of resolutions, shareholder agreements, shareholder disputes, and annual year - end minutes, and has been involved with mortgage restructuring for a wide variety of businesses.

Following the accident, the plaintiff then brought suit against DLN Enterprises, Inc. («DLN»), which owns the Tavern, and Richard Smith, the sole shareholder of DLN, alleging claims under Georgia's Dram Shop law, O.C.G.A. § 51-1-40, as well as negligent training and supervision claims.

claims for shareholders» remedies against the company and / or other shareholders, such as the oppression remedy and derivative actions;

He handles an array of complex cases involving diverse and complex subject matters, ranging from the defense of claims asserting violation of federal consumer protection statutes such as the Fair Debt Collection Practices Act and the Telephone Consumer Protection Act, to the prosecution and defense of shareholder disputes and derivative actions.

PLCs on all aspects of dispute resolution - including avoiding disputes in the first place - especially contractual conflicts, corporate governance (for example, disputes involving shareholders and / or directors), professional negligence claims, and post-M & A disputes such as warranty claims and disputed earn - outs.

His practice focuses on M&A and shareholder disputes, emissions trading disputes as well as banking disputes and general commercial claims.