Sentences with phrase «breach of the covenant of»

The filing continues: «As a direct and proximate result of this breach of the covenant of good faith and fair dealing, Activision has been forced to commit additional resources to Modern Warfare 3, institute litigation to seek a declaration of rights, and incur costs and attorney's fees, and will incur additional expenses».

«As a direct and proximate result of this breach of the covenant of good faith and fair dealing, Activision has been forced to commit additional resources to Modern Warfare 3, institute litigation to seek a declaration of rights, and incur costs and attorneys» fees, and will incur additional expenses in connection with securing the benefits of the MOU.»

Long's suit alleges negligence, the infliction of emotional distress, breach of the covenant of good faith and fair dealing, defamation, and interference with prospective economic advantage.

This second 6,000 mile journey also apparently proved fruitless because on July 30, 2010, Young sued Facebook alleging violations of her First and 14th Amendment rights; breach of contract; breach of the covenant of good faith and fair dealing; negligence; and fraud.

Tenant default is any breach of covenant of the tenancy by the tenant or by its guarantor.

Not exact matches

The Australian Financial Review has also reported on the spectacular returns generated by unlisted portfolio investments such as its student housing project, losses at shoe brand Aquila, and a breach of covenants at artisan bakery Wild Breads.

If any of these facts, assumptions, representations, statements or undertakings is, or becomes, inaccurate or incomplete, or if HP Co. or Hewlett Packard Enterprise breach any of their respective covenants relating to the separation, the IRS private letter ruling and / or any tax opinion may be invalid.

If any of these facts, assumptions, representations, statements or undertakings is, or becomes, inaccurate or incomplete, or if HP Co. or Hewlett Packard Enterprise breach any of their respective covenants contained in any of the separation - related agreements or in the documents relating to the IRS private letter ruling and / or any tax opinion, the IRS private letter ruling and / or any tax opinion may be invalid.

On February 21, CNBC reported that Toys «R» Us was at risk of breaching a covenant on a $ 3.1 - billion debtor - in - possession loan.

Takeover target Godfreys has warned of soft trading over the past few weeks, which would have caused it to technically breach a covenant, it has already received a waiver from, in a lending agreement with the 99 - year - old major shareholder who launched a cash bid for the company two weeks ago.

Godfreys also said on Monday that 1918 Finance had advised the company it wouldn't be granting any more waivers for future breaches of covenants or any other variations.

Yahweh's immediate repudiation of Israel for this breach of covenant is directly conveyed in his Word to Moses, in form charming and naive, but in communication of the sense of ruptured relationship profound and powerful:

One of the Australian wine industry's greatest success stories, Casella Wines, has plunged to its first loss in more than 20 years, putting it in breach of its debt covenants and forcing it to slash costs as a high Australian dollar cuts profit from its popular Yellow Tail label.

Casella Family Brands MD John Casella says the country's third - largest winemaker will return to profit this financial year, ending a horror stretch that put the vintner in breach of its debt covenants.

Speaking to BusinessDay from New York, where he is meeting with key US importers and distributors who handle the bulk of the 12 million cases a year the Griffith - based winery produces, Mr Casella hit out at recent reports, including one in The Wall Street Journal, that portrayed the business as mired in financial woes due to its first reported loss in 20 years and a breach of its debt covenants.

The slump into the red triggered a breach of its loan covenant with National Australia Bank and a January 30 deadline to patch up its margins and provide a strategy to slim down its cost structure.

Casella Family Brands managing director John Casella says the company will return to profit this financial year, ending a horror stretch that put the nation's third - largest winemaker in breach of its debt covenants.

It warned that if the Saputo deal failed, the group's uncompetitive milk price may lead to further milk losses, trigger impairments and covenant breaches and the potential loss of creditors» support.

In a covenant marriage, a person can not refuse counselling to save the marriage; that would be in breach of the covenant.

The death of 14 service personnel in Afghanistan was the result of a «systemic breach of the military covenant», an independent review has concluded.

Since British intervention in Afghanistan began, the Conservatives have criticised the poor pay and equipment for her Majesty's armed forces in strong terms as a breach of the nation's covenant with our troops.

If you reside in the Philippines or any such jurisdiction that prohibits international dating services to its residents, you hereby warrant, represent and covenant that you will not use the Service or the Website for any purpose in breach of any legislation prohibiting international dating services.

You acknowledge and agree that a breach or threatened breach of any covenant contained in these Terms would cause irreparable injury, that money damages would be an inadequate remedy, and that Edutopia shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain you from such breach or threatened breach.

Leveraged buyout loans are subject to greater credit risks than other investments, including a greater possibility that the borrower may default or enter bankruptcy and may be «covenant lite» loans, which do not include terms that allow the lender to monitor the performance of the borrower and declare a default if certain criteria are breached.

The parties have agreed to indemnify each other against certain losses, including losses for breaches of representations, warranties and covenants.

an independent valuation of properties used for loan security is obtained before making or renewing a loan and within two months of directors forming a view of a likelihood that a security property value decrease may have caused a material breach of a loan covenant, and

The investment manager should also outline the key terms of any loans the scheme has and tell you if they have broken any promises made in loan agreements (called «loan covenant breaches»).

You agree to indemnify, defend and hold harmless Simply, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the «Indemnified Parties») from and against any and all liability and costs, including, without limitation, reasonable attorneys» fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) any User Contributions, or (b) breach by you or any user of your account of these Terms of Use or any representations, warranties and covenants contained in these Terms of Use.

any breach of any covenant or agreement to be performed by you under these terms and conditions of service.

In the New York suit, Sperone Westwater asked the judge to make a declaratory judgment that the archive has no moral rights claims and also seeks damages «for the Defendants» injuries to the gallery's business and reputation,» on counts of breach of implied covenant of good faith and fair dealing, negligent misrepresentation, and interference with business relations.

The auction would be a breach of an «implied covenant of good faith and fair dealing» with the Friedrichs and the artists who made the works, the suit states.

This month, Standard & Poor's lowered its outlook on Tata Power from stable to negative because of a loan - covenant breach on its Mundra project, which is only partly completed.

Ginsberg sued Northwest alleging a breach of contract under the implied covenant of good faith and fair dealing.

The court permitted the action to continue on the basis of the social covenant and the honour of the Crown pleadings as well as claims for breach of fiduciary duty and claims under the Charter.

Drafted Defence to claim for possession of a business premises on the grounds of breach of a covenant against alienation

Mr. Mavrick has also handled many cases involving allegations of breach of non-competition covenants and allegations involving breach of the common law employee duty of loyalty.

landlord and tenant: forfeiture, lease renewals, break disputes, breach of covenant, rent reviews and insolvency

That can now include noise, odours, mess and even attempting to lure away customers of the tenant, or breaching a restrictive covenant.

The contract provided that if he was in breach of certain restrictive covenants against competing activities, Mr Makdessi would not be entitled to receive the final two instalments of the price paid by Cavendish (clause 5.1) and could be required to sell his remaining shares to Cavendish, at a price excluding the value of the goodwill of the business (clause 5.6).

He has experience of advising and representing clients in claims concerning possession for rent / mortgage arrears and other contractual breaches, forfeiture, tenancy deposit schemes, disrepair, trespass, adverse possession, restrictive covenants, easements, boundaries, and s. 14 of the Trusts of Land and Appointment of Trustees Act 1996.

Our expertise spans disputes relating to joint ventures, derivative actions, unfair prejudice petitions, misfeasance, breaches of directors» duties, misappropriation of company funds, shareholder deadlock, breach of warranty and indemnity claims, shareholder leaver clauses and issues arising out of covenants.

In the article, the authors recommend prelitigation steps and strategies for handling trade secret and breach of restrictive covenant litigation.

(Chauffeur of a celebrity; restraint of trade, whether covenant enforceable, whether damages for «reflected loss» being claimed, whether s. 2 of the Competition Act 1998 applicable, whether an account of profits available in a claim for breach of contract).

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.

The Newco will probably have gone in without asking for permission, and that is likely to have been a breach of the alienation covenant prohibiting the tenant from parting with possession.

The administrator is likely to refuse his consent, saying that the lease is needed for the purposes of the administration, and the law reports are littered with cases where consent to forfeit has been refused by the courts, even in the face of rent arrears and an obvious breach of the alienation covenant.

Mr. Rooney has also litigated cases involving covenants not to compete, claims of breach of contract and breach of fiduciary duty, and defamation.

Among the various bodies of law in which we focus on are Title VII of the Civil Rights Act of 1964, the New York State and City Human Rights Laws, the Fair Labor Standards Act, and the Family Medical Leave Act, as well as common law causes of action in breach of contract, covenants not to compete, duty of loyalty, fiduciary duty, and unfair competition.

Among others, Mr. Ferdinand's experience includes, appellate litigation; bankruptcy adversary proceedings; bid protests, debarments, and appeals; breach of contract and Uniform Commercial Code claims; broker disputes; commercial landlord - tenant actions, including commercial evictions; condominium association litigation; consumer fraud and deceptive trade practices act claims; corporate governance; directors» and officers» claims; ethics and professional liability; health law; injunctions; insurance issues; lien claims, including commercial and residential construction liens; planning board actions; post-judgment collection; restrictive covenants; shareholder and partnership disputes; and shareholder derivative claims.

eSentio seeks millions of dollars in compensation, alleging that a former employee breached his restrictive covenants in winning the NetDocuments conversion work for HBR.