Sentences with phrase «circumstances of each party at»

The financial circumstances of each party at the time the property division will occur, with consideration to whether or not the family home should be granted to a custodial parent — whether to own or to live in

The essence of this inquiry is whether the circumstances of the parties at the time of separation were within the reasonable contemplation of the parties at the time the agreement was formed, and, if so, whether at that time the parties made adequate arrangements in response to these anticipated circumstances...

Assuming there is complete financial disclosure and the prenuptial agreement does not violate any statue or public policy, the court's main focus will be comparing the circumstances of the parties at the time of the execution with the parties» financial condition at the time of the divorce.

[34] The decisions in Willick and G. (L.) also make it clear that what amounts to a material change will depend on the actual circumstances of the parties at the time of the order.

also make it clear that what amounts to a material change will depend on the actual circumstances of the parties at the time of the order.

The economic circumstances of each party at the time the division of property becomes effective;

Not exact matches

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.

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.

On the day word came that the RCMP is investigating the circumstances of the cheque the Prime Minister's former chief of staff gave to one of the senators the Prime Minister appointed, the Prime Minister's party was quite concerned about a report that Thomas Mulcair had failed to stop at a security gate leading to Parliament Hill.

The 2014 Recapitalization Agreement would also provide that under certain circumstances we may be required to issue new warrants to purchase shares of our common stock at an exercise price per share of $ 0.01 rather than issue shares of our common stock, in exchange for certain of the Related - Party Notes and Related - Party Warrants.

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.

The Series A Preferred shall also be convertible into any future series of Preferred Stock (the «Future Preferred») under either of the following circumstances: (a) if such conversion is approved by the Board or (b) if such conversion is in connection with a future Preferred Stock equity financing in which the Company's fully diluted pre-money valuation is greater than the Company's fully diluted post-money valuation immediately following the Series A Financing contemplated by this term sheet (a «Future Financing»), in either case, on a one - for - one basis (subject to anti-dilution adjustment) at the option of the holder; provided however, if such conversion is in connection with a Future Financing, that the holder may convert into shares of Future Preferred only in the event that all of such shares of Future Preferred received by the holder upon conversion are sold to an Approved Investor (as defined below) no later than 90 days following the first closing of the Future Financing at a price per share no lower than the price per share at which the Company sells shares of such Future Preferred in the Future Financing and, provided further, that such Approved Investor is not an affiliate, family member, or related party of the holder.

It's the provision of the law that anyone aspiring a position in the party must pay and present his or her bank Teller to obtain Nomination Form, and his or her return in such circumstance is subject to an affirmation at the ward level.

Maintaining those circumstances is the reason for Labour Party cash hand outs and and attempts to stop the spread of capital by taxing it at death.

It's hard to imagine better circumstances for the end of two - party politics than those presented at the 2010 general election.

Under the rules, parties are not allowed to approach the appellate court, except under the special circumstance that the record of proceedings at the court below had been compiled and transmitted by its registry.

I hold the view that in Ghana's present circumstances the plurality of political parties fielding candidates at the presidential elections is the only guarantee to effectively policing the process by the presence, and alertness of their supporters, polling assistants and others at the polling stations on the day of elections.

«The best we could do in the circumstance was to declare three days of mourning throughout the state and fly national, state and our party's flags at half - mast in his honour.

Because of some unfortunate circumstances last year, we weren't able to have a birthday party for him at all last year (and he didn't even get a cake)-- so I wanted this year to really be special for him.

Agatha is the movie's barking - mad mascot — the first to arrive at every party, the last to leave, and the most incorrigible in the face of fatigue or ill circumstance.

Risks and uncertainties include without limitation the effect of competitive and economic factors, and the Company's reaction to those factors, on consumer and business buying decisions with respect to the Company's products; continued competitive pressures in the marketplace; the ability of the Company to deliver to the marketplace and stimulate customer demand for new programs, products, and technological innovations on a timely basis; the effect that product introductions and transitions, changes in product pricing or mix, and / or increases in component costs could have on the Company's gross margin; the inventory risk associated with the Company's need to order or commit to order product components in advance of customer orders; the continued availability on acceptable terms, or at all, of certain components and services essential to the Company's business currently obtained by the Company from sole or limited sources; the effect that the Company's dependency on manufacturing and logistics services provided by third parties may have on the quality, quantity or cost of products manufactured or services rendered; risks associated with the Company's international operations; the Company's reliance on third - party intellectual property and digital content; the potential impact of a finding that the Company has infringed on the intellectual property rights of others; the Company's dependency on the performance of distributors, carriers and other resellers of the Company's products; the effect that product and service quality problems could have on the Company's sales and operating profits; the continued service and availability of key executives and employees; war, terrorism, public health issues, natural disasters, and other circumstances that could disrupt supply, delivery, or demand of products; and unfavorable results of other legal proceedings.

Payments to third parties for the benefit of your ex can also be support depending on the circumstances, e.g., the wife was a stay - at - home mom and had credit card debt but no job to repay it so the husband is ordered to pay it.

Under certain circumstance, the issuance of the preferred stock could make it more difficult for a third party to gain control of Forward, discourage bids for the common stock at a premium, or otherwise adversely affect the market price of our common stock.

Undue pressure by one side, exploitation of a dominant position to secure an unreasonable advantage, inadequate knowledge, possibly bad legal advice, an important change of circumstances, unforeseen or overlooked at the time of making the agreement, are all relevant to the question of justice between the parties.

However, a constructive trust requires one party to establish an agreement in reliance upon which she has relied to her detriment «in circumstances where the conduct of the other party was unconscionable» per Sumner J at para 56.

The majority in the Supreme Court, as Moor J pointed out, summarised its position (at para 75 in Radmacher) as follows: «The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.»

(1) the strength of the party's case; (2) the likely order as to costs at the trial; (3) the justice of the application; and (4) any special circumstances.

The court has used its discretion to deny an application for the production of documents in the following two circumstances: firstly, where thousands of documents of only possible relevance are in question; and secondly, where the documents sought do not have significant probative value and the value of production is outweighed by competing interests such as confidentiality and time and expense required for the party to produce the documents: Park at para. 15.

The court is to have regard to all the circumstances of the case including: the withdrawal grounds relied on and whether or not new evidence has come to light which was not available when the admission was made; the conduct of the parties including any conduct which led to the admission being made, any prejudice that may be caused if the admission is withdrawn and if withdrawal is refused, the stage in the proceedings at which the application to withdraw is made, in particular in relation to the trial date; the prospects of success (if withdrawal) for the claimant; and the interests of the administration of justice.

Munby J reviewed the case law and clarifi ed that the requirement for the circumstances to be exceptional was, in his view, appropriate at one end of the McKenzie friend spectrum where one party was assisted by a «professional McKenzie friend», holding himself out as an advocate, but not at the other end (though this could change depending on the circumstances), such as in Clarkson v Gilbert (Rights of Audience)[2000] 2FLR 839, [2001] All ER (D) 317 (Feb) where a husband seeks to assist his unwell wife.

If a growing proportion of the cases today that «should» settle but do not are those in which at least one party is simply not prepared to settle under any circumstances, this could help to explain why litigants who resist summary judgment are doing so all the more doggedly.

This reading is consistent with the fact that Virginia prosecutors have brought charges in similar circumstances such as the rape of an unconscious woman at a house party and charges against a Virginia DJ for his conduct towards unconscious women.

They considered whether the starting point was the presumption of a resulting trust, based on the parties» financial contributions to the acquisition of the property, or whether the contrary can be proved by looking at all of the relevant circumstances.

At the first step, the court is free to examine all of the circumstances of the parties» relationships and any steps taken by the employer, whether or not they were known to the employee at the time of the alleged dismissaAt the first step, the court is free to examine all of the circumstances of the parties» relationships and any steps taken by the employer, whether or not they were known to the employee at the time of the alleged dismissaat the time of the alleged dismissal.

It is impossible to guess the financial circumstances that parties will be in at the time of a potential divorce years down the line.

Instead, «fair and equitable» is determined by looking at several factors such as, duration of marriage, contribution of the parties to the marital estate, age of parties, health of parties, life status of the parties, necessities and circumstances of parties, earning abilities, past relations and conduct, and general principles of equity.

[91]... It is only where the current circumstances represent a significant departure from the range of reasonable outcomes anticipated by the parties, in a manner that puts them at odds with the objectives of the Act, that the court may be persuaded to give the agreement little weight.

Article 15 [Exception for Cases with a Clearly Closer Connection to Another Place] Notwithstanding the preceding Article, the formation and effect of claims arising from agency by necessity (negotiorum gestio) or unjust enrichment shall be governed by the law of the place with which they are clearly more closely connected in light of circumstances such as where at the time of the occurrence of events causing the claims both of the parties had their habitual residence in a place with the same law, or where the agency by necessity (negotiorum gestio) or unjust enrichment arose relating to a contract between the parties.

Yet the doctrine of res judicata does not prevent a party from introducing evidence of circumstances that existed at the time of the dissolution in order to show that a change in circumstances has occurred since the divorce.

[50] Justices Bastarache and Arbour concluded spousal support agreements should be given considerable weight, except: (i) where the circumstances under which such an agreement was negotiated and executed are unsatisfactory; (ii) where there is substantial unfairness (non-compliance with the objectives of the Divorce Act) when the agreement was entered into; or (iii) where at the time an application to determine spousal support is commenced there has been a change in circumstances not reasonably anticipated by the parties which renders the agreement unfair (i.e., no longer in compliance with the objectives of the Divorce Act).

[88] Although the change contemplated by stage two need not be «radically unforeseen», and the applicant need not demonstrate a casual connection to the marriage, the applicant must nevertheless clearly show that, in light of the new circumstances, the terms of the agreement no longer reflect the parties» intentions at the time of execution and the objectives of the Act.

The Indemnified Party shall have the right to employ separate counsel in any such action and to participate in the defense thereof, but the fees and expenses of such counsel shall not be at the expense of the Indemnifying Party if the Indemnifying Party has assumed the defense of the action with counsel reasonably satisfactory to the Indemnified Party; provided that the fees and expenses of such counsel shall be at the expense of the Indemnifying Party if (i) the employment of such counsel has been specifically authorized in writing by the Indemnifying Party or (ii) the named parties to any such action (including any impleaded parties) include both the Indemnified Party or parties and the Indemnifying Party and, in the judgement of counsel for the Indemnified Party, it is advisable for the Indemnified Party or parties to be represented by separate counsel (in which case the Indemnifying Party shall not have the right to assume the defense of such action on behalf of the Indemnified Party or parties, it being understood, however, that the Indemnifying Party shall not, in connection with any one such action or separate but substantially similar or related actions in the same jurisdiction arising out of the same general allegations or circumstances, be liable for the reasonable fees and expenses of more than one separate firm of attorneys for the Indemnified Party or parties.

«To assist nearest relatives and other interested parties and to provide clarity on the purpose and scope of an FAI, COPFS requires to set out, in an understandable format, the circumstances of the death and the issues that require to be further explored in the public interest at the FAI, prior to the first court hearing.»

The trial judge recited its understanding of the Linton holding as follows: «Where... the change in circumstances relied upon by the party seeking to modify the spousal maintenance was within the party's contemplation at the time of the decree, no relief is available since the change is not a material change in circumstances.»

It protects you in circumstances where you are injured in a motor vehicle crash and the at - fault driver does not have enough third party insurance coverage to pay the full amount of your damages.

A court must exercise restraint in awarding special costs; the party seeking special costs must demonstrate exceptional circumstances; and not all types of misconduct are captured by the rule (Westsea Construction Ltd. v 0759553 BC Ltd., 2013 BCSC 1352 at para 73).

If the applicant knew that the former spouse was seeing a third party and cohabitation was foreseeable at the time of the original order, cohabitation may not trigger a material change in circumstance: G. (L.) v. B. (G.), J.W.J.M. v. T.E.

The parties disagreed as to the approach that the court should take in respect of the latter requirement in circumstances where there were two conflicting accounts as to what occurred at a meeting, which the court could not resolve on written evidence alone; in particular, where both sides might be said to have a good arguable case.

The judge below had failed to grapple with the undoubted fact that the interested party, by being prepared to be identified and to describe the circumstances, albeit in general terms, which drove her to become involved with F4J, had provided material willingly and deliberately which was certain to identify her child as being the subject of proceedings at least to a section of the public.

Compensation for late redelivery of a vessel at the end of a charter - party, absent special circumstances, is limited to the difference between the charter rate and the market rate of hire for the period of the delay.