Sentences with phrase «circumstances are those in which»

what the circumstances are in which a policy, pursued by a dominant undertaking, of charging low prices to certain former customers of a competitor must be considered to amount to an exclusionary abuse, contrary to Article [102 TFEU], and, in particular, whether the finding of such an abuse may be based on the mere fact that the price charged to a single customer by the dominant undertaking is lower than the average total costs attributed to the business activity concerned, but higher than the total incremental costs pertaining to the latter.

Not exact matches

The regulator said: «Regardless of the medium in which an advertising or promotional message is disseminated, deception occurs when consumers acting reasonably under the circumstances are misled about its nature or source, and such misleading impression is likely to affect their decisions or conduct regarding the advertised product.»

It's not a problem if you have to borrow money to cover your budget for a month in which your expenses are higher due to unusual circumstances.

E-cigs are dangerous... or not... depending on the circumstance: The Academies» uberstudy, which carefully reviewed more than 800 other peer - reviewed studies, found «conclusive evidence» that «most e-cigarettes... contain and emit numerous potentially toxic substances» (besides nicotine, that is), but found only «substantial evidence» that this exposure to poisons is sorta maybe «significantly lower» than it is in tobacco - filled smokes.

Are there circumstances in which desirable leadership traits work against you?

This shortsightedness can spell trouble when it comes to a dry spell in sales or an unforeseen circumstance in which instant cash is needed.

In order for the patent infringer to win, the defendant must prove exceptional circumstances, namely that the patentee acted in bad faith and made baseless claims, which is hard to dIn order for the patent infringer to win, the defendant must prove exceptional circumstances, namely that the patentee acted in bad faith and made baseless claims, which is hard to din bad faith and made baseless claims, which is hard to do.

There is such a circumstance that exists in the newly expanded market of alcohol delivery, which is being pioneered by a number of tech startups that are making serious progress.

Such risks, uncertainties and other factors include, without limitation: (1) the effect of economic conditions in the industries and markets in which United Technologies and Rockwell Collins operate in the U.S. and globally and any changes therein, including financial market conditions, fluctuations in commodity prices, interest rates and foreign currency exchange rates, levels of end market demand in construction and in both the commercial and defense segments of the aerospace industry, levels of air travel, financial condition of commercial airlines, the impact of weather conditions and natural disasters and the financial condition of our customers and suppliers; (2) challenges in the development, production, delivery, support, performance and realization of the anticipated benefits of advanced technologies and new products and services; (3) the scope, nature, impact or timing of acquisition and divestiture or restructuring activity, including the pending acquisition of Rockwell Collins, including among other things integration of acquired businesses into United Technologies» existing businesses and realization of synergies and opportunities for growth and innovation; (4) future timing and levels of indebtedness, including indebtedness expected to be incurred by United Technologies in connection with the pending Rockwell Collins acquisition, and capital spending and research and development spending, including in connection with the pending Rockwell Collins acquisition; (5) future availability of credit and factors that may affect such availability, including credit market conditions and our capital structure; (6) the timing and scope of future repurchases of United Technologies» common stock, which may be suspended at any time due to various factors, including market conditions and the level of other investing activities and uses of cash, including in connection with the proposed acquisition of Rockwell; (7) delays and disruption in delivery of materials and services from suppliers; (8) company and customer - directed cost reduction efforts and restructuring costs and savings and other consequences thereof; (9) new business and investment opportunities; (10) our ability to realize the intended benefits of organizational changes; (11) the anticipated benefits of diversification and balance of operations across product lines, regions and industries; (12) the outcome of legal proceedings, investigations and other contingencies; (13) pension plan assumptions and future contributions; (14) the impact of the negotiation of collective bargaining agreements and labor disputes; (15) the effect of changes in political conditions in the U.S. and other countries in which United Technologies and Rockwell Collins operate, including the effect of changes in U.S. trade policies or the U.K.'s pending withdrawal from the EU, on general market conditions, global trade policies and currency exchange rates in the near term and beyond; (16) the effect of changes in tax (including U.S. tax reform enacted on December 22, 2017, which is commonly referred to as the Tax Cuts and Jobs Act of 2017), environmental, regulatory (including among other things import / export) and other laws and regulations in the U.S. and other countries in which United Technologies and Rockwell Collins operate; (17) the ability of United Technologies and Rockwell Collins to receive the required regulatory approvals (and the risk that such approvals may result in the imposition of conditions that could adversely affect the combined company or the expected benefits of the merger) and to satisfy the other conditions to the closing of the pending acquisition on a timely basis or at all; (18) the occurrence of events that may give rise to a right of one or both of United Technologies or Rockwell Collins to terminate the merger agreement, including in circumstances that might require Rockwell Collins to pay a termination fee of $ 695 million to United Technologies or $ 50 million of expense reimbursement; (19) negative effects of the announcement or the completion of the merger on the market price of United Technologies» and / or Rockwell Collins» common stock and / or on their respective financial performance; (20) risks related to Rockwell Collins and United Technologies being restricted in their operation of their businesses while the merger agreement is in effect; (21) risks relating to the value of the United Technologies» shares to be issued in connection with the pending Rockwell acquisition, significant merger costs and / or unknown liabilities; (22) risks associated with third party contracts containing consent and / or other provisions that may be triggered by the Rockwell merger agreement; (23) risks associated with merger - related litigation or appraisal proceedings; and (24) the ability of United Technologies and Rockwell Collins, or the combined company, to retain and hire key personnel.

It argues that the case does not present special circumstances that differentiate it from others in which protocol is a taint team.

Alder expressly disclaims any duty, obligation or undertaking to release publicly any updates or revisions to any forward - looking statements contained herein to reflect any change in Alder's expectations with regard thereto or any change in events, conditions or circumstances on which any such statements are based.

There are circumstances in which outsiders generally are — and generally should be — reluctant to judge.

The set of circumstances in which outsiders should be reluctant to judge the behaviour of a powerful occupational group is pretty strictly limited to circumstances in which the members of that group do a good job of monitoring their own behaviour and enforcing standards that serve the public well.

There are a few circumstances in which an employer is clearly ethically justified in taking action.

For example, the anxious group read sentences like «safety is not guaranteed in our neighborhoods nor in our own homes,» which was intended to highlight the «lack of control over negative circumstances that may happen in life and an uncertain future,» according to the study.

«What I'm trying to drive at, is whether there are any circumstances in which you'd go back to the EU on certain points, for example, if the resolution were amended to say Parliament would like the government to seek an extension of the Article 50 process — is that possible?»

There are of course a couple of circumstances in which an employer would have a legitimate interest in limiting the kind of stuff employees access online.

Because forward - looking statements relate to the future, they are subject to inherent uncertainties, risks and changes in circumstances that are difficult to predict and many of which are outside of our control.

If you read to the end of Holder's letter, to the passage where he says, «Were such an emergency to arise, I would examine the particular facts and circumstances before advising the president on the scope of his authority,» it becomes clear that, despite invoking Pearl Harbor and 9/11, even he isn't envisioning a response to an attack in process, which would have to happen immediately.

The case hinges on questions of who owns a piece of data and the circumstances under which the information can be viewed as residing in the public domain, accessible by all and sundry.

«It is possible, I suppose, to imagine an extraordinary circumstance in which it would be necessary and appropriate under the Constitution and applicable laws... for the President to authorize the military to use lethal force within the territory of the United States,» he wrote.

In evaluating whether consumers are likely to understand a native ad is advertising, it is important that advertisers consider the particular circumstances in which native ads are presented to consumerIn evaluating whether consumers are likely to understand a native ad is advertising, it is important that advertisers consider the particular circumstances in which native ads are presented to consumerin which native ads are presented to consumers.

Google, or Alphabet as it is now named due to changing its corporate structure to model Berkshire Hathaway with its expansion into other industries to reduce its reliance on the core search engine, which could be overthrown by a kid in a garage under the wrong set of circumstances, generates after - tax earnings of $ 14.4 billion and has a net worth of almost $ 112 billion.

For example, the expected timing and likelihood of completion of the proposed merger, including the timing, receipt and terms and conditions of any required governmental and regulatory approvals of the proposed merger that could reduce anticipated benefits or cause the parties to abandon the transaction, the ability to successfully integrate the businesses, the occurrence of any event, change or other circumstances that could give rise to the termination of the merger agreement, the possibility that Kraft shareholders may not approve the merger agreement, the risk that the parties may not be able to satisfy the conditions to the proposed transaction in a timely manner or at all, risks related to disruption of management time from ongoing business operations due to the proposed transaction, the risk that any announcements relating to the proposed transaction could have adverse effects on the market price of Kraft's common stock, and the risk that the proposed transaction and its announcement could have an adverse effect on the ability of Kraft and Heinz to retain customers and retain and hire key personnel and maintain relationships with their suppliers and customers and on their operating results and businesses generally, problems may arise in successfully integrating the businesses of the companies, which may result in the combined company not operating as effectively and efficiently as expected, the combined company may be unable to achieve cost - cutting synergies or it may take longer than expected to achieve those synergies, and other factors.

Forward - looking statements reflect current estimates, beliefs and assumptions, which are based on Loblaw's and Shoppers Drug Mart's perception of historical trends, current conditions and expected future developments, as well as other factors management believes are appropriate in the circumstances.

Frances, At least in Canada, the ability to arrange for deferred compensation schemes is limited by various provisions of the Tax Act which prevent the deferral of income into future years in most circumstances (there are exceptions, for example, for teachers who take, for example 3 years of salary over 4 years and take a year's sabatical or for various incentive compensation schemes, although I doubt those would work for athletes).

James Blumstein, a professor of law and the director of the Vanderbilt Health Policy Center, explains that if Brown had standing when she filed suit — originally — that's what matters most, since the NFIB, which is an institutional litigant, has members who are in similar circumstances as Brown.

A third significant development from the perspective of EMDEs is the greatly improved circumstances in which these countries find themselves, in terms of their size and resilience.

There are concerns, however, that while liquidity is improved in normal times, HFT is causing changes in the ecology of the market which result in a worsening of liquidity in stressed circumstances.

This is not full independence — the Minister of Finance has the legal authority to override the Bank in extreme circumstances — but it's been enough so that when the Governor of the Bank of Canada speaks, people know that there are no unspoken partisan political considerations through which his message should be filtered.

This may work well in some circumstances in which the financial excess is occurring broadly, but might not be very effective when the problem, while extreme, may be more narrowly based.

And Institutional Shareholder Services, which supports shareholder resolutions that separate the roles of chair and CEO in many circumstances, acknowledged in an independent analysis that «attempts to correlate the separation of positions with market performance have been inconclusive.»

Nevertheless, the questionable circumstances under which it did so in the immediate aftermath of the election demonstrates just how many avenues there are for Trump's conflicts of interest to interfere with governance around the world.

Conditional Call - A conditional call is an arrangement in a security, which is convertible security that indicates all the circumstance that the company, or corporation, issuing the security can call in securities or buy back securities earlier than was originally stated in the buy - sell agreement or option.

When the input of models would perhaps have been most beneficial, we have been trying to apply linear frameworks to a world which in the current circumstances is at its most non-linear.

We provide information below about (1) the circumstances under which the vesting of these options and stock awards would accelerate upon termination of employment or the consummation of an «acquisition transaction» (as defined below) and (2) the hypothetical value each such named executive would have received, if any, upon the vesting of any of these option or stock awards as of that date under those circumstances, assuming each named executive's employment with the Company had terminated or the acquisition had been consummated as of December 31, 2011 and based on an NYSE closing price per share of our common stock of $ 27.56 on December 30, 2011, the last trading date in 2011.

The highest and lowest rates recorded for each state probably involved borrowers or properties with exceptional circumstances, which are unlikely to apply in a typical mortgage situation.

Nevertheless, Malthus» recognition that the «preventive checks of moral restraint» implied the possibility of stationing a society at some distance from the Malthusian precipice is relevant to any consideration of the circumstances in which escape from the constraints of an organic economy might occur.

However, this excerpt points out that the statutory mandate notwithstanding, there are still circumstances in which a Delaware court is likely to make an appraisal award that exceeds the deal price:

The criteria used to select which companies are included in the case studies was not financial performance based and nothing presented herein is intended to constitute investment advice and under no circumstances should any information provided herein be used or considered as an offer to sell or a solicitation of an offer to buy an interest in any investment fund managed by Sapphire Ventures.

in the case of our directors, officers, and security holders, (i) the receipt by the locked - up party from us of shares of Class A common stock or Class B common stock upon (A) the exercise or settlement of stock options or RSUs granted under a stock incentive plan or other equity award plan described in this prospectus or (B) the exercise of warrants outstanding and which are described in this prospectus, or (ii) the transfer of shares of Class A common stock, Class B common stock, or any securities convertible into Class A common stock or Class B common stock upon a vesting or settlement event of our securities or upon the exercise of options or warrants to purchase our securities on a «cashless» or «net exercise» basis to the extent permitted by the instruments representing such options or warrants (and any transfer to us necessary to generate such amount of cash needed for the payment of taxes, including estimated taxes, due as a result of such vesting or exercise whether by means of a «net settlement» or otherwise) so long as such «cashless exercise» or «net exercise» is effected solely by the surrender of outstanding stock options or warrants (or the Class A common stock or Class B common stock issuable upon the exercise thereof) to us and our cancellation of all or a portion thereof to pay the exercise price or withholding tax and remittance obligations, provided that in the case of (i), the shares received upon such exercise or settlement are subject to the restrictions set forth above, and provided further that in the case of (ii), any filings under Section 16 (a) of the Exchange Act, or any other public filing or disclosure of such transfer by or on behalf of the locked - up party, shall clearly indicate in the footnotes thereto that such transfer of shares or securities was solely to us pursuant to the circumstances described in this bullet point;

DOL is proposing to update the Employee Retirement Income Security Act by instituting a safe harbor describing circumstances in which a payroll deduction savings program, including one with automatic enrollment, would not be considered an employee pension benefit plan under ERISA.

[158] Other causes include the rise in non-cash benefits as a share of worker compensation (which aren't counted in CPS income data), immigrants entering the labor force, statistical distortions including the use of different inflation adjusters by the BLS and CPS, productivity gains being skewed toward less labor - intensive sectors, income shifting from labor to capital, a skill gap - driven wage disparity, productivity being falsely inflated by hidden technology - driven depreciation increases and import price measurement problems, and / or a natural period of adjustment following an income surge during aberrational postwar circumstances.

Links on this website to appearances and articles by Richard Bernstein, whether in the press, on television or otherwise, are provided for informational purposes only and in no way should be considered a recommendation of any particular investment product, vehicle, service or instrument or the rendering of investment advice, which must always be evaluated by a prospective investor in consultation with his or her own financial adviser and in light of his or her own circumstances, including the investor's investment horizon, appetite for risk, and ability to withstand a potential loss of some or all of an investment's value.

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.

But we believe, that under any circumstances, you would agree that in the aggregate, all these new categories taken together (along with those of which we may be unaware) represent one of the greatest growth stories in corporate history, as well as one of the greatest opportunities ever for a company to invest in itself by repurchasing its shares.

For example, one trade credit policy form requires the policyholder to warrant, among other things, that (a) as of the execution of this Insurance Policy, it has no knowledge of any circumstance which could give rise to or increase the likelihood of a Loss; and (b) all of the information that it has provided and will provide to the Underwriter including, but not limited to, the information provided in the Application for Insurance, is and will be true and that no material information has been or will be withheld.

What is «material» is any fact or circumstance which would influence the judgment of a prudent insurance company in fixing the premium or determining whether it will insure the risk.

In accordance with Regulation Crowdfunding's requirements, you are not permitted to invest more than a certain amount in offerings made under Regulation Crowdfunding (including those not made through the Site) during any single 12 month period, which amount is determined based on your own financial circumstanceIn accordance with Regulation Crowdfunding's requirements, you are not permitted to invest more than a certain amount in offerings made under Regulation Crowdfunding (including those not made through the Site) during any single 12 month period, which amount is determined based on your own financial circumstancein offerings made under Regulation Crowdfunding (including those not made through the Site) during any single 12 month period, which amount is determined based on your own financial circumstances.

Anonymity in monetary transactions helps individuals making transactions that they wouldn't need to be traced again to themselves, akin to the acquisition of services which can be frowned upon by society, although in some circumstances these merchandise are usually not unlawful.