Not exact matches
Shares
issued with respect to
awards granted
under the 2014 Plan other than stock options or stock appreciation rights are counted against the 2014 Plan's aggregate share limit as two shares for every one share actually
issued in connection with the
award.
Shares
issued in respect of
awards other than stock options and stock appreciation rights granted
under the 2014 Plan and the Director Plan count against the shares available for grant
under the applicable plan as two shares for every share granted.
With respect to the exercise of stock appreciation rights, the gross number of Shares covered by the portion of the exercised
award, whether or not actually
issued pursuant to such exercise, cease to be available
under the 2013 Plan.
Any Shares subject to
Awards granted
under the Plan other than Options or Stock Appreciation Rights shall be counted against the numerical limits of this Section 3 as two and fifteen - one hundredths (2.15) Shares for every one (1) Share subject thereto and shall be counted as two and fifteen - one hundredths (2.15) Shares for every one (1) Share returned to or deemed not
issued from the Plan pursuant to this Section 3.
Each share
issued under awards other than options or stock appreciation rights counts against the number of shares available
under the LTICP as 3.5 shares.
shares by which the share reserve may increase automatically each year, (3) the class and maximum number of shares that may be
issued on the exercise of incentive stock options, (4) the class and maximum number of shares subject to stock
awards that can be granted in a calendar year (as established
under the 2017 Plan
under Section 162 (m) of the Code), and (5) the class and number of shares and exercise price, strike price, or purchase price, if applicable, of all outstanding stock
awards.
However, any outstanding stock options and RSUs granted
under the 2007 Plan will remain outstanding, subject to the terms of our 2007 Plan and applicable
award agreements, until such shares are
issued under those
awards (by exercise of stock options or settlement of RSUs) or until the
awards terminate or expire by their terms.
For example, if 100 shares are
issued with respect to a restricted stock unit
award granted
under the 2014 Plan, 200 shares will be counted against the 2014 Plan's aggregate share limit in connection with that
award.
Therefore, as noted previously, if stockholders approved the Newly Amended Plan and all of 172,500,000 additional shares are
issued as full - value
awards, the total number of shares
issued under the Newly Amended Plan would be 74,353,449.
On May 15 in New York City, the Becket Fund for Religious Liberty
awarded its Canterbury Medal to Rabbi Lord Jonathan Sacks, who will be familiar to First Things readers thanks to his marvelous Erasmus Lecture, given last autumn and published in the January 2014
issues under the title «On....
Arcadian Organic and Natural Meat Co. received the Gold
Award for Export Market Leader by reaching more markets with greater depth and number of export certificates
issued (administered by ACO
under the Australian government Organic Export Orders program) while creating a 10 year history, driving industry growth in Australia.
The
award, presented to the station by the Ghana Revenue Authority [GRA], is in recognition of its consistent discussions on tax
issues which affected revenue mobilization for the year
under review.
The decision to
award LPCiminelli the contract came
under scrutiny from U.S. Attorney Preet Bharara after Investigative Post reported that the original Request for Proposals
issued in 2014 included a requirement that developers have at least 50 years» experience in the Buffalo area.
Upon either party's request, the arbitrator will
issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration
award and that any permitted filing of confidential information must be done
under seal.
Yesterday (July 16, 2015), after a seven day trial, Superior Court Judge Andrew P. Banks
issued his decision
awarding the parents and children who wished to convert their failing public school Palm Lane Elementary into a public charter school
under the Parent Empowerment Act (also known as the Parent Trigger Law).
Under a «first - come, first - served» allocation, interested carriers apply by letter to the Department and the Department allocates the charters to the carrier by
issuing a «Notice of Consistency» which describes the charters involved and the time - frame during which they would be performed, and notes that the
award is «consistent» with the aviation agreement between the countries.
Further, Education has acknowledged that the system still requires workarounds and a substantial amount of development work will need to be completed
under a new contract, which was
awarded in September 2013, to address remaining system
issues.
Within a year of them
issuing the «
award», Skeldon stepped down from his position
under significant public pressure.
Under the new system for award miles, flights on partner carriers not issued on 016 ticket stock — meaning they don't earn PQDs — will earn award miles based on distance flown and fare class as under the current sy
Under the new system for
award miles, flights on partner carriers not
issued on 016 ticket stock — meaning they don't earn PQDs — will earn
award miles based on distance flown and fare class as
under the current sy
under the current system.
Because it's not that rare to find Business Class flights between the US and London coming in at
under $ 2,000 and, on top of that, if you're booking an
award you still have the
issue of finding availability... and that hasn't been easy in recent years.
David Walsh, Elizabeth Pearce, Jane Clark 2013 ISBN 9780980805888 Lindsay Seers, George Barber, Frieze, January 2013 One of Many, Adrian Dannatt, Artist Comes First, Jean - Marc Bustamante (ed), Toulouse International Art Festival (exhibition catalogue), June 2013 All the World's a Camera: Notes on non-human photography, Joanna Zylinska, Drone ISBN 978 -2-9808020-5-8 (pg 168 - 172) 2013 Lindsay Seers, Artangel at the Tin Tabernacle - Jo Applin, ArtForum, December 2012 Lindsay Seers, Martin Herbert, Art Monthly, October 2012 Exhibition, Ben Luke, Evening Standard, (pg 60 - 61) 20 September 2012 Lindsay Seers @ The Tin Tabernacle, Sophie Risner, Whitehot Magazine, September 2012 Artist Profile: Lindsay Seers, Beverly Knowles, this is tomorrow, 12 September 2012 Dream Voyage on a Ghost Ship, Richard Cork, Financial Times, (pg 15) 11 September 2012 Nowhere Less Now, Amy Dawson, Metro (pg 56) 7 September 2012 Voyage of Discovery, Helen Sumpter, Time Out, (pg 42) 6 - 12 September 2012 Nowhere Less Now, Rachel Cooke, The Observer, (pg 33) 2 September 2012 Divine Interventions, Georgia Dehn, Telegraph Magazine, 25 August 2012 Eine Buhne fur das Ich, Annette Hoffmann, Der Sonntag, 25 March 2012 Das Identitätsvakuum - Dietrich Roeschmann, Badische Zeitung, 27 March 2012 Ich ist ein anderer - Kunstverein Freiburg - Badische Zeitung, 21 March 2012 Action Painting - Jacob Lundström, FLM NR.16, March 2012 Dröm - fabriken - Peter Cornell, Kultur, 21 February 2012 Vita duken lockar Konstnärer - Fredrik Söderling, Dagens Nyheter (pg 4 - 5) 15 February 2012 Personligen Präglad - Clemens Poellinger, SvD söndag, (pg 4 - 5) 12 February 2012 Uppshippna hyllningar till - Helena Lindblad, Dagens Nyheter (pg 8 - 9) 9 February 2012 Bonniers Konsthall - Sara Schedin, Scan Magazine, (pg 48 - 9) Febuary 2012 Ausstellungen - Monopol, (pg 120) February 2012 Modeprovokatörer plockas up par museerna - Susanna Strömquist, Dagens Nyheter (pg 8 - 9) January 2012 Promosing in Kabelvåg - Seers» «Cyclops [Monocular] at LIAF, Kjetil Røed, Aftenposten, 10 September 2011 Reconstructing the Past - Lindsay Seers» Photographic Narrative, Lee Halpin, Novel ², May / June 2011 Lindsay Seers, Oliver Basciano, Art Review, May 2011 Lindsay Seers, Jen Hutton, ArtForum Picks (online), April 2011 Lindsay Seers: an impossibly oddball autobiography, Murray Whyte, The Toronto Star, 13 April 2011 The Projectionist, David Balzer, Eye Weekly, 6 April 2011 dis - covery, exhibition catalogue, 2011 Lindsay Seers: It has to be this way ², Paul Usherwood, Art Monthly, April 2011 Lindsay Seers: Gateshead, Robert Clark, Guardian: The Guide, February 2011 It has to be this way ², 2011, novella published by Matt's Gallery, London Neo-Narration: stories of art, Mike Brennan, modernedition.com, 2010 Steps into the Arcane, ISBN 978 -3-869841-105-2, published 2010 It has to be this way1.5, novella 2010, published by Matt's Gallery, London Jarman
Award, Laura McLean - Ferris, The Guardian, September 2009 Top Ten, ArtForum, Summer 2009 Reel to Real - On the material pleasure of film, Colin Perry, Art Monthly, July / August 2009 Remember Me, Tom Morton, Frieze, June / July / August 2009 It has to be this way, 2009, published by Matt's Gallery, London Lindsay Seers at Matt's Gallery, Gilda Williams, ArtForum, May 2009 Lindsay Seers: It has to be this way — Matt's Gallery, Chris Fite - Wassilak, Frieze, April 2009 Lindsay Seers: it has to be this way, Rebecca Geldard, Art Review, April 2009 Review of Altermodern - Tate Triennial 2009, Jorg Heiser, Frieze, April 2009 Tate Triennial: «Altermodern» — Tate Britain Feb 3 — April 26, 2009, Colin Perry, Art Monthly, March 2009 Lindsay Seers: It has to be this way (Matt's Gallery, London), Jennifer Thatcher, Art Monthly, March 2009 No sharks here, but plenty to bite on, Tom Lubbock, The Independent, 6 February 2009 Lindsay Seers: Tate Triennial 2009: Altermodern, Nicolas Bourriaud, Tate Channel, 2009 «Altermodern» review: «The richest and most generous Tate Triennial yet», Adrian Searle, The Guardian, Feb 2009 Critics» Choice for exhibition at Matt's Gallery, Time Out London, January 29 — February 4 2009 In the studio, Time Out London, January 22 — 28 2009 Lindsay Seers Swallowing Black Maria at SMART Project Space Amsterdam, Michael Gibbs, Art Monthly, Oct 2007 Human Camera, June 2007, Monograph book Published by Article Press Lindsay Seers, Gasworks, London, Pil and Galia Kollectiv, Art Papers (USA), February 2006 Review of Wandering Rocks, Time Out London, February 1 — 8, 2006 Aften Posten, Norway, Front cover and pages 6 + 7 for show at UKS Artistic sleight of hand — «Eyes of Others» at the Gallery of Photography, Cristin Leach, Irish Times, 25 Nov 2005 There is Always an Alternative, Catalogue (Dave Beech / Mark Hutchinson) 2005 Wunderkammer, Catalogue, The Collection, October 2005 Lindsay Seers» «We Saw You Coming»;» 20,000 Leagues
Under the Sea»; «Apollo 13»; «2001», Lisa Panting, Sphere Catalogue (pg 46 - 50), Presentation House Gallery, 2004 Haunted Media (Site Gallery, Sheffield), Art Monthly, April 2004 Miser and Now, essays in
issues 1, 2 + 3 Expressive Recal l - «You said that without moving you lips», Limerick City Gallery of Art, Dougal McKenzie, Source 37, Winter 2003 Braziers International Artists Workshop Catalogue, 2002 Review of Lost Collection of an Invisible Man, Art Monthly, April 2003 Slade - Hannah Collins, Chris Muller, Lindsay Seers, Elisa Sighicelli, Catherine Yass, (A journal on photography, essay by John Hilliard), June 2002 Radical Philosophy, 113, Cover and pages 26/30, June 2002 Elle magazine, June 2002, page 92 - 93 Review, Dave Beech, Art Monthly, June 2002 Nausea: encounters with ugliness, Catalogue Lindsay Seers, Artists Eye, BBC Programme by Rory Logsdail The Fire Station, a film by William Raban and a catalogue by Acme The Double, Catalogue from the Lowry, Lowry Press, July 2000 Contemporary Visual Arts, Roy Exley, June 1999 Hot Shoe, Chris Townsend.
The review continues with the year's most significant moments in May, including the opening of the 56th Venice Biennale
under the artistic direction of Okwui Enwezor, who also covers the May / June
issue of men's Italian Vogue; the Metropolitan Museum of Art and the National Gallery of Art each acquiring Aaron Douglas paintings; Stephen Burks winning a Cooper Hewitt National Design
Award; and a painting by Mark Bradford selling for nearly $ 4.4 million (including fees), an artist record.
It is quite fascinating to note that the topic I elected to write a thesis on more than 17 years ago remains a topical
issue to the extent that a world leading institution such as the IBA has constituted a sub-committee,
under the auspices of the IBA Arbitration Committee, to tackle public policy in relation to enforcement of arbitral
awards, and the sub-committee
issued an excellent report last year on the matter.
[2] The analysed
awards were not only
issued under the ICC Rules of Arbitration, but also
under the rules of other arbitral institutions, such as the CIETAC, the HKIAC, the DIS, the ICDR, the LCIA, the PCA, the SCC and the SIAC.
Courts have consistently confirmed this in relation to article V (1)(c).837 For example, the United States Court of Appeals for the Fifth Circuit denied a party's attempt to raise a challenge
under article V (1)(c) to oppose an order compelling arbitration, that is, before the arbitral proceedings had even taken place.838 The court noted that the provision could only be invoked by a party opposing enforcement of an
award, which was not possible in circumstances where no
award had been
issued, and also unlikely where the party raising the challenge was the claimant in the would - be arbitration, and thus not the party who would be in a position to challenge any resulting arbitral
award absent any counterclaims.839
The arbitration clause provided that the local arbitral tribunal
issuing the
award only had jurisdiction over «non-technical» disputes, and any «technical» disputes were to be resolved by an international arbitral tribunal
under the ICC Arbitration Rules.813
The case raises numerous
issues relating to the enforcement of arbitral
awards against sovereign states, including immunity
under the State Immunity Act 1978 and the interaction between English proceedings and proceedings in the curial court (Holland).
Commercial Court proceedings relating to the enforcement of a US$ 65 million ICC
award against the national power company of Tanzania giving rise to
issues as to the relationship between challenges to the
award in the curial courts and enforcement in England & Wales and the question of security pending enforcement
under s. 103 (5) of the 1996 Act.
-- STX Pan Ocean Co Ltd v. Ugland Bulk Transport AS (The «Livanita»)[2008] 1 Lloyd's Rep 86: Sole counsel on an appeal to the Commercial Court
under s. 69 of the Arbitration Act 1996 from an LMAA
award giving rise to
issues as to the applicability of a safe port warranty to a specifically identified port in the charterparty.
Here, a referee via stipulation entered a $ 1.1 million compensatory
award and $ 1.8 million interest, costs, and fee
award to plaintiff for environmental remediation
issues under a purchase agreement.
Unanimously allowing the appeal, nothing in s 103 (2) or (3)(or in the underlying provisions of article V of the New York Convention) provides a power to make an enforcing court's decision on an
issue raised
under these provisions conditional on an
award debtor providing security in respect of the
award.
Symbion Power LLC v Venco Imtiaz Construction Company [2017] EWHC 348 (TCC)-- We acted successfully for the defendant, Venco, in this High Court case where the Court rejected an application to set aside an ICC arbitration
award for serious irregularity
under section 68 (2)(d) of the Arbitration Act 1996 on the basis that the tribunal had failed to deal with
issues which were put to it.
[7] In Mudry v. Minhas, 2010 BCSC 1110, Kelleher J. discussed apportionment of an
award of costs for relative success on an
issue under the then Rule 57 (15).
While the court concluded the plaintiff had not met the test for apportionment, the plaintiff's success in that case on the
issue of fault (although no damage was found and the action dismissed) was a relevant factor
under Rule 37B (6)(d), now Rule 9 - 1 (5)(b), on considering if the defendant was entitled to double costs when there had been a defence offer, which in Mudry obviously exceeded the damage
award which was nil..
By
awarding under 44.2 (6)(a), Whipple J reasoned that the need to identify which costs can be attributed to which
issues, continued costs disputes between the parties, and effectively overriding the claimants» win due to the extent of the defendant's costs for certain
issues, could all be avoided.
In Thompson v. Intact Insurance, File No. 16-000041 / AABS, the Tribunal concluded that it had jurisdiction
under Rule 19.1, to
award an Applicant costs for preparing an application in respect of an
issue that was resolved prior to the case conference being held, provided the applicant could establish that the insurer had acted «unreasonably, frivolously, vexatiously or in bad faith».
Acting and advising in a challenge to an LMAA arbitral
award under 68 of the Arbitration Act, on the grounds that the tribunal had failed in their duty to act fairly and impartially and failed to consider all the
issues which were put to it.
Extending the certainty offered
under regimes such as the Alberta Reciprocal Enforcement of Judgments Act to all international arbitral
awards is not only beneficial because it ensures regulatory consistency, but would also be commercially desirable, helping to avoid costly litigation such as the case at
issue here.
In Yugraneft, there is no such
issue, as domestic arbitral
awards are subject to a mandatory two - year limitation period
under the Alberta Arbitration Act, and the Alberta Court of Appeal has ruled that international arbitral
awards are also subject to a two - year limitation period.
IN THIS
ISSUE Arbitrator Provides Helpful Award in Ontario's First TPA Discharge Arbitration Divisional Court Re-Affirms the Importance of Time Limits Pay Equity Remains a Priority Legal Issue for School Boards Accommodating Scent Sensitivities in the Workplace Ontario Human Rights Tribunal Endorses Employer Control Over Accommodation Process Integrated Accessibility Standards under the AODA OMERS Omissio
ISSUE Arbitrator Provides Helpful
Award in Ontario's First TPA Discharge Arbitration Divisional Court Re-Affirms the Importance of Time Limits Pay Equity Remains a Priority Legal
Issue for School Boards Accommodating Scent Sensitivities in the Workplace Ontario Human Rights Tribunal Endorses Employer Control Over Accommodation Process Integrated Accessibility Standards under the AODA OMERS Omissio
Issue for School Boards Accommodating Scent Sensitivities in the Workplace Ontario Human Rights Tribunal Endorses Employer Control Over Accommodation Process Integrated Accessibility Standards
under the AODA OMERS Omissions...
In his view, Lord Mance said the Court of Appeal had erred with its justification that an enforcing court could make the decision,
under the provisions of s103 and article V of the New York Convention, of an
issue raised
under either subsection, conditional upon the provision of security by the
award debtor in respect of the
award, there were no such provisions in either s103 nor article V.
Since the
award was
issued, IPCO has repeatedly sought to have it enforced in the UK
under the New York Convention 1958.
In the Supreme Court of Canada decision in Cooper v. Miller, 1994 1 SCR 359, the
issue again was whether wage loss payments
under an insurance program offered as an employment benefit to unionized employees pursuant to a collective agreement could be deducted off a past wage loss
award.
The
issue was whether the trial judge properly
awarded fees
under CCP § 1038 to the defense because the action lacked reasonable cause and was not brought in good faith.
Won a case on appeal in DC
under Maryland law on a legal
issue of first impression, saving the client more than $ 1 million that had been
awarded by the trial court.
In addition to her trial and appellate experience, Elaine is skilled in arbitration matters (ICC, AAA, JAMS, FINRA and other self - regulatory organizations), litigates challenges to arbitral
awards under both the FAA and state equivalents, and litigates
issues regarding arbitrability of claims.
Enforcement
issues are, however, less likely to arise in relation to investment treaty disputes arbitrated
under the Convention on the Settlement of Investment Disputes between States and Nationals of other States (the ICSID Convention), which does not provide for the challenge of ICSID
awards before national courts on traditional New York Convention grounds (which include public policy).
Key Singapore: applications to the Commercial Court
under sections 67,68 and 69 of the Arbitration Act 1996 in relation to
issues of time limits for lodging notice of appeal where there has been a private submission to arbitration in a salvage case and whether it is necessary to lodge a separate notice of appeal in relation to an
award on costs only.
Issues raised on content of obligation to take delivery
under clause 5 of Gencon (1994 ed) and lack of jurisdiction to
award costs of foreign arrest.
An appeal against or challenge to an arbitral
award under the 1996 Act must be commenced by the
issue of an arbitration claim form (in accordance with Part 62 of the English Civil Procedure Rules).