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.
Shareholder returns at family -
controlled corporations significantly outperform those
of widely held public
companies, even though family -
controlled boards tend to break governance rules, such as having a
certain number
of independent directors.
The
company said an independent probe into
certain payments the
company made revealed «management override, flawed design or ineffective enforcement
of controls» in relation to hiring agents for two
of its projects.
This discussion also does not consider any specific facts or circumstances that may be relevant to holders subject to special rules under the U.S. federal income tax laws, including, without limitation,
certain former citizens or long - term residents
of the United States, partnerships or other pass - through entities, real estate investment trusts, regulated investment
companies, «
controlled foreign corporations,» «passive foreign investment
companies,» corporations that accumulate earnings to avoid U.S. federal income tax, banks, financial institutions, investment funds, insurance
companies, brokers, dealers or traders in securities, commodities or currencies, tax - exempt organizations, tax - qualified retirement plans, persons subject to the alternative minimum tax, persons that own, or have owned, actually or constructively, more than 5 %
of our common stock and persons holding our common stock as part
of a hedging or conversion transaction or straddle, or a constructive sale, or other risk reduction strategy.
Under these rules, a
company of which more than 50 %
of the voting power is held by an individual, a group or another
company is a «
controlled company» and may elect not to comply with
certain corporate governance requirements
of the, including (1) the requirement that a majority
of the board
of directors consist
of independent directors, (2) the requirement that we have a nominating and corporate governance committee that is composed entirely
of independent directors with a written charter addressing the committee's purpose and responsibilities and (3) the requirement that we have a compensation committee that is composed entirely
of independent directors with a written charter addressing the committee's purpose and responsibilities.
Which is exactly what Basis plans to do — despite, it would seem, such
control over the supply
of a cryptocurrency causing perception problems for
companies like Ripple, and attracting ire from
certain quarters
of the cryptocurrency community that instinctively shuns such interventionist policies.
entered into Change
of Control and Retention Agreements with each of the Named Executive Officers that provide them with certain payments and benefits in the event of the termination of their employment within the three - month period prior to, or the 18 month period following, a change of control of the Company (referred to as the «change of control period&r
Control and Retention Agreements with each
of the Named Executive Officers that provide them with
certain payments and benefits in the event
of the termination
of their employment within the three - month period prior to, or the 18 month period following, a change
of control of the Company (referred to as the «change of control period&r
control of the
Company (referred to as the «change
of control period&r
control period»).
Such statements are not guarantees
of future performance, are based on
certain assumptions, and are also subject to various known and unknown risks and uncertainties, many
of which are beyond the
control of the
company.
FRMC, an entity that
controls millions
of public dollars that just last year adopted commonly accepted standards
of transparency, figures in the state's criminal complaint against former president Alain Kaloyeros, who is alleged to have rigged the state - sponsored nonprofit's bidding processes to favor
certain companies for construction - related contracts.
The
company challenged the requirement, which was part
of the Affordable Care Act signed into law in 2010, on grounds that providing coverage for
certain types
of birth
control would go against their religious beliefs.
The
company said covering
certain types
of birth
control would violate their religious beliefs.
Most
of the United States's cropland is devoted to growing corn and soybeans — not because there's an unbelievable demand to eat corn and soybeans, but because there are federal subsidies to grow them — written into the law by huge agricultural
companies who
control certain senators.
Actually, no: Constituency statutes were often implemented to ward off potential hostile takeovers
of in - state
companies, in which
certain investors attempt to seize
control of firms to maximize short - term shareholder value.
A number
of companies have sprung up in the last few years that allow women in
certain states to request birth
control pills and other contraceptive methods via the Internet, sometimes without even seeing a doctor.
One
of the negative aspects
of this is that
certain unscrupulous
companies could now pretty much get away with putting anything they wanted in the bottle because it did not have to undergo quality
control testing to make it to market.
BUZZFEED - June 20 - Osmium Partners is almost
certain to win the four board seats it is gunning for when Spark holds its annual shareholder meeting, allowing the activist hedge fund to take
control and force a sale
of the
company.
Some digital publishing
companies enable the authors to set book costs and
control profits, but some services determine the costs and pay the writer a
certain percentage
of the profit — recovering their manufacturing expenses at the point
of sale.
Such statements reflect the current views
of Barnes & Noble with respect to future events, the outcome
of which is subject to
certain risks, including, among others, the general economic environment and consumer spending patterns, decreased consumer demand for Barnes & Noble's products, low growth or declining sales and net income due to various factors, possible disruptions in Barnes & Noble's computer systems, telephone systems or supply chain, possible risks associated with data privacy, information security and intellectual property, possible work stoppages or increases in labor costs, possible increases in shipping rates or interruptions in shipping service, effects
of competition, possible risks that inventory in channels
of distribution may be larger than able to be sold, possible risks associated with changes in the strategic direction
of the device business, including possible reduction in sales
of content, accessories and other merchandise and other adverse financial impacts, possible risk that component parts will be rendered obsolete or otherwise not be able to be effectively utilized in devices to be sold, possible risk that financial and operational forecasts and projections are not achieved, possible risk that returns from consumers or channels
of distribution may be greater than estimated, the risk that digital sales growth is less than expectations and the risk that it does not exceed the rate
of investment spend, higher - than - anticipated store closing or relocation costs, higher interest rates, the performance
of Barnes & Noble's online, digital and other initiatives, the success
of Barnes & Noble's strategic investments, unanticipated increases in merchandise, component or occupancy costs, unanticipated adverse litigation results or effects, product and component shortages, the potential adverse impact on the
Company's businesses resulting from the
Company's prior reviews
of strategic alternatives and the potential separation
of the
Company's businesses, the risk that the transactions with Microsoft and Pearson do not achieve the expected benefits for the parties or impose costs on the
Company in excess
of what the
Company anticipates, including the risk that NOOK Media's applications are not commercially successful or that the expected distribution
of those applications is not achieved, risks associated with the international expansion contemplated by the relationship with Microsoft, including that it is not successful or is delayed, the risk that NOOK Media is not able to perform its obligations under the Microsoft and Pearson commercial agreements and the consequences thereof, risks associated with the restatement contained in, the delayed filing
of, and the material weakness in internal
controls described in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 27, 2013, risks associated with the SEC investigation disclosed in the quarterly report on Form 10 - Q for the fiscal quarter ended October 26, 2013, risks associated with the ongoing efforts to rationalize the NOOK business and the expected costs and benefits
of such efforts and associated risks and other factors which may be outside
of Barnes & Noble's
control, including those factors discussed in detail in Item 1A, «Risk Factors,» in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 27, 2013, and in Barnes & Noble's other filings made hereafter from time to time with the SEC.
Such statements reflect the current views
of Barnes & Noble with respect to future events, the outcome
of which is subject to
certain risks, including, among others, the effect
of the proposed separation
of NOOK Media, the general economic environment and consumer spending patterns, decreased consumer demand for Barnes & Noble's products, low growth or declining sales and net income due to various factors, possible disruptions in Barnes & Noble's computer systems, telephone systems or supply chain, possible risks associated with data privacy, information security and intellectual property, possible work stoppages or increases in labor costs, possible increases in shipping rates or interruptions in shipping service, effects
of competition, possible risks that inventory in channels
of distribution may be larger than able to be sold, possible risks associated with changes in the strategic direction
of the device business, including possible reduction in sales
of content, accessories and other merchandise and other adverse financial impacts, possible risk that component parts will be rendered obsolete or otherwise not be able to be effectively utilized in devices to be sold, possible risk that financial and operational forecasts and projections are not achieved, possible risk that returns from consumers or channels
of distribution may be greater than estimated, the risk that digital sales growth is less than expectations and the risk that it does not exceed the rate
of investment spend, higher - than - anticipated store closing or relocation costs, higher interest rates, the performance
of Barnes & Noble's online, digital and other initiatives, the success
of Barnes & Noble's strategic investments, unanticipated increases in merchandise, component or occupancy costs, unanticipated adverse litigation results or effects, product and component shortages, risks associated with the commercial agreement with Samsung, the potential adverse impact on the
Company's businesses resulting from the
Company's prior reviews
of strategic alternatives and the potential separation
of the
Company's businesses (including with respect to the timing
of the completion thereof), the risk that the transactions with Pearson and Samsung do not achieve the expected benefits for the parties or impose costs on the
Company in excess
of what the
Company anticipates, including the risk that NOOK Media's applications are not commercially successful or that the expected distribution
of those applications is not achieved, risks associated with the international expansion previously undertaken, including any risks associated with a reduction
of international operations following termination
of the Microsoft commercial agreement, the risk that NOOK Media is not able to perform its obligations under the Pearson and Samsung commercial agreements and the consequences thereof, the risks associated with the termination
of Microsoft commercial agreement, including potential customer losses, risks associated with the restatement contained in, the delayed filing
of, and the material weakness in internal
controls described in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 27, 2013, risks associated with the SEC investigation disclosed in the quarterly report on Form 10 - Q for the fiscal quarter ended October 26, 2013, risks associated with the ongoing efforts to rationalize the NOOK business and the expected costs and benefits
of such efforts and associated risks and other factors which may be outside
of Barnes & Noble's
control, including those factors discussed in detail in Item 1A, «Risk Factors,» in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended May 3, 2014, and in Barnes & Noble's other filings made hereafter from time to time with the SEC.
Legislation
of these forms
of finance
companies is mainly handled by the
certain states, having adaptations shifting from tightly
controlled to...
An arrangement to place the
control of a
company in the hands
of certain managers for a given period
of time, or until
certain results have been achieved, by shareholders surrendering their voting rights to a trustee for a specified period
of time.
Marketing Partner Reward usage is subject to capacity
controls, which limit the availability
of rental cars, cruises, or the products offered by
certain rental car
companies or other Hilton Honors Marketing Partners, respectively.
Additionally, Parent also intends to roll over
certain of the
Company's current outstanding indebtedness that is not subject to acceleration upon a change
of control and that either does not contain change
of control repurchase obligations or where the holders do not elect to have such indebtedness repurchased in a change
of control offer.»
This creates opportunities to minimize your overall taxes by using
certain types
of accounts to hold specific assetAsset Something
of value that a
company or an individual owns or
controls.
securities and securities
of other regulated investment
companies, and other securities (for purposes
of this calculation, generally limited in respect
of any one issuer, to an amount not greater than 5 %
of the market value
of a Fund's assets and 10 %
of the outstanding voting securities
of such issuer) and (ii) not more than 25 %
of the value
of its assets is invested in the securities
of (other than U.S. government securities or the securities
of other regulated investment
companies) any one issuer, two or more issuers which the Fund
controls and which are determined to be engaged in the same or similar trades or businesses, or the securities
of certain publicly traded partnerships.
The Altegris group
of affiliated
companies is wholly - owned and
controlled by (i) private equity funds managed by Aquiline Capital Partners LLC and its affiliates («Aquiline»), and by Genstar Capital Management, LLC and its affiliates («Genstar»), and (ii)
certain senior management
of Altegris and other affiliates.
Most pet owners are aware
of the problems that have occurred in the past with
certain pet food recalls, so it is important that you choose food from a
company that has a lot
of control over where it gets the ingredients for its food; even better if it lists where it gets the ingredients.
Marketing Partner Reward usage is subject to capacity
controls, which limit the availability
of rental cars, cruises, or the products offered by
certain rental car
companies or other Hilton Honors Marketing Partners, respectively.
You can't undermine the importance
of video game graphics just to justify or damage
control a
certain company's shortcomings.
Via the Abnormal Use blog I see that a
company called Qualitest Pharmaceuticals is urgently recalling
certain lots
of its birth
control pills, but not because anything is wrong with the pills themselves.
«inherently linked to the offer by that
company of non-public urban transport services, in view
of the fact that, in the first place, that
company provided an application without which those drivers would not have been led to provide transport services, and the persons who wished to make an urban journey would not have used the services provided by those drivers and, in the second place, that
company exercised decisive influence over the conditions under which services were provided by those drivers, inter alia by determining the maximum fare, by collecting that fare from the customer before paying part
of it to the non-professional driver
of the vehicle, and by exercising a
certain control over the quality
of the vehicles, the drivers and their conduct, which could, in some circumstances, result in their exclusion» (Uber France, para 21).
In Upjohn Co. v. United States, 6 the United States Supreme Court held that a
company's attorney — client privilege extends to
company counsel's communications with employees in
certain prescribed circumstances.7 Rather than providing a simple objective test, the Upjohn court instead established five factors to guide courts in determining whether the
company's privilege should extend to counsel's communications with its employees: (1) whether the communications were made by employees at the direction
of superior officers
of the
company for the purpose
of obtaining legal advice; (2) whether the communications contained information necessary for counsel to render legal advice, which was not otherwise available from «
control group» management; (3) whether the matters communicated were within the scope
of the employee's corporate duties; (4) whether the employee knew that the communications were for the purpose
of the
company obtaining legal advice; and (5) whether the communications were ordered to be kept confidential by the employee's superiors, including that the communications were considered confidential at the time and kept confidential subsequent to the interview.8 When these elements are established, courts generally consider communications between
company counsel and an employee to be within the scope
of the
company's attorney — client privilege.9
On appeal, we argued, and the Superior Court agreed, that the alleged evidence
of the utility
company's
control by contract and conduct (e.g., the presence
of a contract field representative on site, internal safety guidelines,
controlling access to the pole when lines were energized, the provision
of certain ladders for access to the pole) was insufficient as a matter
of law to constitute
control over the means and methods
of the subcontractor's work, and thus, the utility was not liable as a landowner out
of possession.
As I noted here in September 2011, a
company called Qualitest Pharmaceuticals had to urgently recall
certain lots
of its birth
control pills because the pills were distributed in a package in which the blister packaging was rotated 180 degrees within the card.
Conversely, some
companies employ systems that automatically delete emails after a
certain time period to help
control the amount
of data that is retained.
Car
companies suggest that these oversized dash displays, which often times behave more like smart phones than the traditional dashboard, are actually safer than the design
of older cars due to features like integrated voice
controls that keep the driver's hands on the wheel or the large touch screens for tasks like navigation that are easier to manage than trying to fumble with a smartphone (not to mention the fact that these kinds
of new features will almost
certain boost manufacturer revenue).
The litigation concerns claims alleging that
certain provisions
of the corporation tax legislation concerning the provisions regarding
controlled foreign
companies and / or the provisions which make dividends received by UK corporations from
companies resident outside the UK subject to corporation tax are contrary to the EC Treaty or the allocation
of taxing provisions in Double Taxation Conventions.
The plan to create new stocks is a popular way for
certain shareholders to raise capital by selling their shares without ceding
control of the
company and retaining the majority vote.
One
of the principal matters in dispute was the status
of certain properties owned by
companies in a group which, at first instance in the Family Division, Molyan J concluded was under the effective ownership and
control of Mr Prest — a finding that was not contested on appeal.
In fact, in
certain circumstances, there is one insurance
company that will potentially offer type 2 diabetics a preferred rate if they exhibit excellent
control of their glucose and A1C.
However, it is very important to read the terms
of the policy, as sometimes
certain situations which are deemed out
of the shipping
company's
control, won't be covered.
While the insurance
companies may hold all the cards when it comes to setting a price for
certain kinds
of coverage, there are still a few variables you can
control to help manage the cost and quality
of your policy.
Because policy holders can not
control how financially responsible their
company is, a
certain level
of benefits are guaranteed by the Life & Health Insurance Guaranty Association
of Pennsylvania.
Although, for
certain circumstances where a particular
company wants only to share
certain indicators with
companies that are known to be experiencing similar issues, special built - in
controls will help make limited sharing easier and to further avoid errors using a pre-defined set
of data fields.
Hackers can take
control of certain OnePlus smartphones through a root backdoor that the
company accidentally left on the devices.
Along with new security features, Microsoft is also improving privacy
controls in Windows 10, including a new out -
of - box setup experience for the Creators Update, which offers clearer explanations
of why the
company is collecting
certain user data, and more granular
controls to enable or disable that collection.
If a
certain company has
control over the monetary supply
of its crypto - asset distributed to its users and the value
of the token is based on the performance
of the
company, Clayton reiterated that the token is a security and falls under the regulations imposed by the SEC.