We interfere at our clients» request in
change of control disputes and in proxy fights.
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.
The Agreements include information about future
changes to the Agreements, export
controls, automatic renewals, limitations
of liability, privacy information, a class action waiver, and resolution
of disputes by arbitration instead
of in court.
These include war, or threat
of war, riots, civil strife, terrorism, contamination, extreme or unusual weather conditions, industrial
disputes,
changes to sports itineraries, natural and nuclear disasters, fire, flight cancellations or rescheduling by airlines or any similar event beyond our
control.
His position: • No evidence
of increasing lake clarity as a result
of secchi measurements since 1946 • The interplay
of stratification and plankton productivity are not «straightforward» • Challenges O'Reilly's assumption on the correlation
of wind and productivity - the highest production is on the end
of the lake with the lowest winds • A strong caution using diatoms as the productivity proxy (it is one
of two different lake modes) • No ability to link climate
change to productivity
changes • More productivity from river than allowed for in Nature Geopscience article • Externally derived nutrients
control productivity for a quarter
of the year • Strong indications
of overfishing • No evidence
of a climate and fishery production link • The current productivity
of the lake is within the expected range • Doesn't challenge recent temp increase but cites temperature records do not show a temperature rise in the last century • Phytoplankton chlorophylla seems to have not materially
changed from the 1970s to 1990s •
Disputes O'Reilly's and Verbug's claims
of increased warming and decreased productivity • Rejects Verburgs contention that
changes in phytoplankton biomass (biovolume), in dissolved silica and in transparency support the idea
of declining productivity.
I'm confident you can see why it would be useful — in the midst
of disputes like the ones over climate
change, nuelcaer power, gun
control, etc. — to be able to distinguish these two sources
of persistent disagreement.
Brief
disputes the Consultation paper's analysis
of the reason for the appeals backlog, attributing it rather to a
change in Operations - level decision - making that arises from upper management's decision to
control benefits without policy
change.
Whether it is an individual involved in a simple business
dispute, accident, domestic relations
dispute, criminal proceeding, airplane crash, explosion, malpractice injury, a RICO indictment, injury by defective product or asbestos exposure; or a business organization faced with a multifaceted, multimillion dollar complex litigation problem, a
control dispute, a grand jury investigation, a regulatory problem or an indictment; or a governmental unit facing financial default, the loss
of a state - wide tax, prosecution or defense
of a complex contract
dispute or the need to use creative litigation to
change a governmental structure — the individual, entrepreneur, corporation, private attorney, CEO, councilman, mayor, governor or even Presidential candidate has turned to the Climaco Firm to solve the problem.
Whether it is an individual involved in a simple business
dispute, accident, domestic relations
dispute, white collar criminal proceeding, airplane crash, explosion, malpractice injury, a RICO indictment, or injury by defective product; or a business organization faced with a multifaceted, multimillion dollar complex litigation problem, a
control dispute, a grand jury investigation, a regulatory problem or an indictment; or a governmental unit facing financial default, the loss
of a state - wide tax, prosecution or defense
of a complex contract
dispute or the need to use creative litigation to
change a governmental structure — the individual, entrepreneur, corporation, private attorney, CEO, councilman, mayor, governor or even Presidential candidate has turned to the Climaco Firm to solve the problem.
Joint Ventures: examples
of some
of the cases in which we have recently acted include: a
dispute between joint venturers about undistributed profits in a JV vehicle upon the operation
of a
Change of Control clause; a claim on a business sale guarantee arising from the termination
of a joint venture; and Tethyan Copper Company Pty v Government
of Balochistan (ICC Case No. 18347 / VRO / AGF), a
dispute under a joint venture contract in relation to the refusal
of a mining licence over copper and gold deposits at Reko Diq, Pakistan.
He has significant experience representing boards
of directors and special board committees in connection with significant corporate transactions, complex related party transactions,
disputes with major shareholders, solicited and unsolicited
change of control transactions and corporate governance matters generally.