Finding that the trial court had improperly struck down
the covenant on these grounds, the court sent the case back to the trial court to consider the other factors.
The issue in question has its seeds in a building scheme restrictive
covenant on the title of all the properties in a middle class residential block in a city here on Vancouver Island.
See S. Joseph, J. Schultz, M. Castan, The international
covenant on civil and political rights (OUP, Oxford, 2000), forthcoming publication.
Senior Associate, Isabel Alderton - Sell, from our Property Development Team explains what a restrictive
covenant on the Land Registry title for a property means in practice.
We are extremely disappointed that the decision did not take seriously the discriminatory impacts of
the covenant on potential LGBTQ and female students, staff and faculty.
Restrictive covenants were popular for only a short time, but even now, homebuyers often find a notation of a racially restrictive
covenant on their deeds, although the contracts were outlawed in 1948 in the Supreme Court case of Shelley v. Kramer.
The Ontario Court of Appeal affirmed LSUC's decision to refuse accreditation, despite infringing rights of religious freedom, given the impact of
the covenant on rights of students — potential members of the profession — to be free from discrimination.
A covenant on those three houses, which are on Cairns Street, means that if they are sold on in the future, it must be at below market value, as calculated using average wages in the area.
That would still cause them to violate the minimum net worth
covenant on their bank debt, if they lost control of their subsidiaries.
Mass Audubon will also hold a «no development»
covenant on another 29 acres that will further reinforce the conservation values of the 1700 - acre Rutland Brook sanctuary.
I will make for
you a covenant on that day with the wild animals, the birds of the air, and the creeping things of the ground; and I will abolish the bow, the sword, and war from the land; and I will make you lie down in safety.
Perhaps it would be well to make more explicit the analogy between revolution and constitution on the one hand and conversion and
covenant on the other that underlies this whole discussion.
Tyagi Bill supported by the Prime Minister Desai restricting religious conversion and also the discrimination of scheduled caste converts to Christianity in the special benefits to people of the scheduled caste background, may be mentioned as violations of
the covenant on the part of the State; and the Christian people have been unhappy at giving up minority communal safeguards and many efforts to organize Christian political parties off and on have been made in several states especially in the South by Christians.
See the answer above — I see the Genesis narratives as God graciously reaching down to an ancient culture in order to communicate to them that he is their creator, that they are alienated from him, and that he desires that they be restored to fellowship through his offer of covenant with him (ultimately pointing to the need for God to step into history himself as the One who can keep
the covenant on our behalf).
Pain, indelibility and identity are also the hallmarks of God writing
the covenant on the heart of the people.
Instead, God will write
the covenant on his people's head.
Pain, indelibility and identity are the hallmarks of God writing
the covenant on the heart of the people.
Mark that is under the old covenant, but through Christ we have Jesus's
covenant on the cross.
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.
RadioShack on Tuesday rejected lender Salus Capital's claim that it breached
covenants on a $ 250 million term loan.
Shelly took part of the plan — the borrowing - and left
the covenants on the cutting room floor — and the resulting hybrid got called «Ravitch's plan».
«The Thruway Authority must maintain tolls pursuant to
covenants on Thruway bonds.
In some cases, the result is private
covenants on such questions as: Will you ban fracking?
They are not likely to go bankrupt or violate
covenants on their debt....
Only if OFHEO decides to mimic the treatment in GAAP would it force capital - raising, absent any net worth
covenants on their debt that might be poorly written.
This presumes that there are
covenants on the various share classes for equal treatment in a change of control, and / or that there are rules to govern dividend policy, giving the same or superior treatment to those with a lesser voice.
Be careful about
the covenants on the bank debt; it is not as safe as it once was.
There's a suite of new
covenants on offer, and just as before they range in focus from being the nice, cheerful co-op partner who's helping out with the boss kills to invading other players» games and killing them brutally.
In addition to employment litigation and day - to - day counseling, she has significant experience analyzing the enforceability of non-competition restrictions and other restrictive
covenants on a nationwide basis and in structuring enforceable restrictive covenant agreements to best protect her clients» business interests.
Advising an individual on negotiating the payment of a # 2 million package and the waiver of his restrictive
covenants on exit.
Advising and counseling financial advisors and firms in connection with restrictive covenant and transition issues, and enforcing and defending restrictive
covenants on their behalf.
Advising and counseling financial advisors and firms in the financial services industry in connection with restrictive covenant and transition issues, as well as enforcing and defending restrictive
covenants on their behalf.
There are
covenants on the US side that it will not be used for data mining purposes and other privacy - protective promises.
Often these settlements involve negotiations as to future conduct, such as the licensing of intellectual property or imposition of various restrictive
covenants on future activities.
Blockstream unveiled last year that it has been experimenting with
covenants on a test sidechain - a blockchain with a different rule system that is pegged to bitcoin.
The human right to development also implies the full realization of the right of peoples to self - determination, which includes, subject to the relevant provisions of both International
Covenants on Human Rights, the exercise of their inalienable right to full sovereignty over all their natural wealth and resources.
The human rights principles set out below are drawn mainly from international treaties including the International Convention on the Elimination of All Forms of Racial Discrimination [3](«ICERD») and the International
Covenants on Economic, Social and Cultural Rights [4](«ICESCR») and on Civil and Political Rights [5](«ICCPR»).
A bank will do loan to LLC with recourse to you or the owner of the LLC (ie., another LLC or LP that has significant assets) if has very strong collateral / attached
covenants on parent company.
Escrow agent did not owe a duty to investigate and disclose restrictive
covenants on the property
The health district denied the request, saying that restrictive
covenants on the property created uncertainty regarding ownership of septic system.
In the real estate industry, franchise arrangements tend to impose non-competition
covenants on franchisee brokers and in some cases even on their sales representatives, to restrict them from engaging in a competitive business.
For example, a townhome owner may be restricted by HOA
covenants on changing the color of the exterior of his unit or putting up a chain - link fence in his backyard, even though he owns the dwelling and the land.
Not exact matches
After drawing down $ 192 million of nearly $ 500 million in potential financing, it triggered loan
covenants when it botched production deadlines, failing to deliver cars
on time.
His research interests include the areas of corporate governance and corruption as a constraint
on business activity, international legal reform and business ethics in the developing world with a focus
on the Middle East, and
covenants not to compete as an obstacle to employee mobility and knowledge transfer.
Gaming company OUYA is
on the auction block after tripping a debt
covenant, according to a confidential email sent out earlier this month from CEO Julie Uhrman to company investors and advisors.
These risks and uncertainties include competition and other economic conditions including fragmentation of the media landscape and competition from other media alternatives; changes in advertising demand, circulation levels and audience shares; the Company's ability to develop and grow its online businesses; the Company's reliance
on revenue from printing and distributing third - party publications; changes in newsprint prices; macroeconomic trends and conditions; the Company's ability to adapt to technological changes; the Company's ability to realize benefits or synergies from acquisitions or divestitures or to operate its businesses effectively following acquisitions or divestitures; the Company's success in implementing expense mitigation efforts; the Company's reliance
on third - party vendors for various services; adverse results from litigation, governmental investigations or tax - related proceedings or audits; the Company's ability to attract and retain employees; the Company's ability to satisfy pension and other postretirement employee benefit obligations; changes in accounting standards; the effect of labor strikes, lockouts and labor negotiations; regulatory and judicial rulings; the Company's indebtedness and ability to comply with debt
covenants applicable to its debt facilities; the Company's ability to satisfy future capital and liquidity requirements; the Company's ability to access the credit and capital markets at the times and in the amounts needed and
on acceptable terms; and other events beyond the Company's control that may result in unexpected adverse operating results.
In addition to factors previously disclosed in Tesla's and SolarCity's reports filed with the U.S. Securities and Exchange Commission (the «SEC») and those identified elsewhere in this document, the following factors, among others, could cause actual results to differ materially from forward - looking statements and historical performance: the ability to obtain regulatory approvals and meet other closing conditions to the transaction, including requisite approval by Tesla and SolarCity stockholders,
on a timely basis or at all; delay in closing the transaction; the ultimate outcome and results of integrating the operations of Tesla and SolarCity and the ultimate ability to realize synergies and other benefits; business disruption following the transaction; the availability and access, in general, of funds to meet debt obligations and to fund ongoing operations and necessary capital expenditures; and the ability to comply with all
covenants in the indentures and credit facilities of Tesla and SolarCity, any violation of which, if not cured in a timely manner, could trigger a default of other obligations under cross-default provisions.
Debt
covenants may soon become just another issue in the already long list if Valeant defaults
on its bond indentures.
Non-competition
covenants can be nullified by the courts if it is determined that enforcement places overly broad and / or unreasonable restrictions
on the seller's ability to continue his / her trade and earn a living.
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.