Sentences with phrase «effect as obligations»

... It is recommended that legislation be enacted to provide the obligations created or recorded by deed have the same legal effect as obligations contained in a simple contract.

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.

(a) Schedule 2.7 (a) of the Disclosure Schedule contains a list setting forth each employee benefit plan, program, policy or arrangement (including any «employee benefit plan» as defined in Section 3 (3) of the Employee Retirement Income Security Act of 1974, as amended («ERISA»)(«ERISA Plan»)-RRB-, including, without limitation, employee pension benefit plans, as defined in Section 3 (2) of ERISA, multi-employer plans, as defined in Section 3 (37) of ERISA, employee welfare benefit plans, as defined in Section 3 (1) of ERISA, deferred compensation plans, stock option plans, bonus plans, stock purchase plans, fringe benefit plans, life, hospitalization, disability and other insurance plans, severance or termination pay plans and policies, sick pay plans and vacation plans or arrangements, whether or not an ERISA Plan (including any funding mechanism therefore now in effect or required in the future as a result of the transactions contemplated by this Agreement or otherwise), whether formal or informal, oral or written, under which (i) any current or former employee, director or individual consultant of the Company (collectively, the «Company Employees») has any present or future right to benefits and which are contributed to, sponsored by or maintained by the Company or (ii) the Company or any ERISA Affiliate (as hereinafter defined) has had, has or may have any actual or contingent present or future liability or obligation.

on a pro forma basis, giving effect to (i) the automatic conversion of all of our outstanding shares of convertible preferred stock other than Series FP preferred stock into shares of Class B common stock and the conversion of Series FP preferred stock into shares of Class C common stock in connection with our initial public offering, (ii) stock - based compensation expense of approximately $ 1.1 billion associated with outstanding RSUs subject to a performance condition for which the service - based vesting condition was satisfied as of December 31, 2016 and which we will recognize on the effectiveness of our registration statement in connection with a qualifying initial public offering, as further described in Note 1 to our consolidated financial statements included elsewhere in this prospectus, (iii) the increase in accrued expenses and other current liabilities and an equivalent decrease in additional paid - in capital of $ 187.2 million in connection with the withholding tax obligations, based on $ 16.33 per share, which is the fair value of our common stock as of December 31, 2016, as we intend to issue shares of Class A common stock and Class B common stock on a net basis to satisfy the associated withholding tax obligations, (iv) the net issuance of 7.6 million shares of Class A common stock and 5.5 million shares of Class B common stock that will vest and be issued from the settlement of such RSUs, (v) the issuance of the CEO award, as described below, and (vi) the filing and effectiveness of our amended and restated certificate of incorporation which will be in effect on the completion of this offering.

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;

The pro forma consolidated balance sheet data gives effect to (i) the automatic conversion of all of our outstanding shares of convertible preferred stock other than Series FP preferred stock into shares of Class B common stock and the conversion of Series FP preferred stock into shares of Class C common stock in connection with our initial public offering, (ii) stock - based compensation expense of approximately $ 1.1 billion associated with outstanding RSUs subject to a performance condition for which the service - based vesting condition was satisfied as of December 31, 2016 and which we will recognize on the effectiveness of our registration statement in connection with this offering, as further described in Note 1 to our consolidated financial statements included elsewhere in this prospectus, (iii) the increase in accrued expenses and other current liabilities and an equivalent decrease in additional paid - in capital of $ 187.2 million in connection with the withholding tax obligations, based on $ 16.33 per share, which is the fair value of our common stock as of December 31, 2016, as we intend to issue shares of Class A common stock and Class B common stock on a net basis to satisfy the associated withholding tax obligations, (iv) the net issuance of 7.6 million shares of Class A common stock and 5.5 million shares of Class B common stock that will vest and be issued from the settlement of such RSUs, (v) the issuance of the CEO award, as described below, and (vi) the filing and effectiveness of our amended and restated certificate of incorporation which will be in effect on the completion of this offering.

Low interest rates helped fuel the real estate and stock market bubble by making the debt side of the balance sheet less expensive, creating a «wealth effect» as people came to believe that rising property and stock - market prices would be able to pay off their obligations.

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.

In effect, then, the mathematical enterprise shows man as having a sense of universal obligation.

Broadcasting was deregulated during the early 1980s, and as long as deregulation remains in effect, there is no way that the public can expect an industry that is engaged in a constant «business war» over ratings to take seriously its social obligation to reduce the amount of violence in its programming.

While parents in the US — who are, in effect, replacing the state as the child's educators — must be in contact with the state to have their curriculum approved and provide proof of the child's achievements and attendance, parents in the UK are not under such obligations, and this is explicitly stated in the Guidelines document:

As we indicated in our previous press conference held on the 2nd September, 2014, we have the obligation to take up this mantle to clear these doubts in the minds of Ghanaians and investors because it serves no good if conflicting informations are churned out by our leaders who ought to know the detrimental effects these speculations and statements have on our economy both locally and internationally.

The extent to which a parent is able to fulfill this obligation is the extent to which The Pagemaster is worthwhile; using this film as an eighty - minute babysitter - cum - opiate negates any possible positive effect conferred by the picture — raising the question, clearly, of how best to approach criticism of the piece.

It seems as though each summer blockbuster feels the obligation to go bigger on the visual effects to get noticed.

Yet, as the report goes on to note, these state officials, those with the express obligation to reduce segregation, have consistently chosen to do nothing to prevent charter school segregation and its effects, including exacerbating racial, ethnic and economic imbalance in the host school districts.

The proposed Final Judgment, submitted at the same time as the Complaint, requires the settling defendants — Hachette Book Group, Inc., HarperCollins Publishers L.L.C., and Simon & Schuster, Inc. — to return pricing discretion to e-book retailers and comply with other obligations designed to end the anticompetitive effects of the conspiracy.

Whether the Home Inspector falls short, as a result of not being able to state the cause of an effect, or by not noting the patent defect at all, the REALTOR would still have an obligation of enlisting the aid of the appropriate ancillary inspector, to protect their client.

In addition to remaining in effect as long as you pay your monthly premiums and keep any other obligations per your contract with the insurance company, these type of policies also accrue «cash value».

This valuations doesn't take into effect any contractual obligations the company may have regarding executive compensation, long term health care benefit packages, or any additional items such as these.

A positive effect on your co-signer's credit score will come about if you pay off the loan as a part of the consolidation and have the account closed and notated as «paid in full» on the credit report will see the benefit on their credit as that obligation (or potential obligation) is removed from their credit report.

In a consumer credit sale, the seller may not take as evidence of the obligation of the buyer, a negotiable instrument other than (1) a check; or (2) a promise or order containing a statement, required by applicable statutory or administrative law, to the effect that the rights of a holder or transferee are subject to claims or defenses that the issuer could assert against the original payee.

Different living arrangements are reviewed, as well as signing contracts, credit ratings and the long term effects of not meeting your financial obligations.

Different living arrangements are reviewed, as well as signing contracts and the long term effects of not meeting their financial obligations.

The content and materials contained in this website are to be construed in accordance with and governed by the internal laws of the State of New York (as permitted by Section 5 - 1401 of the New York General Obligations Law or any similar successor provision), without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of New York to the rights and duties of the parties.

Re-marriage will have an effect on your needs and obligations as well as your resources and this will be taken into account when reaching any financial settlement.

As well, new regulatory requirements with greater reporting obligations about privacy breaches are about to take effect in the European Union and in the coming months in Canada.

When considering a special meaning of the expression «waters falling within the sovereignty» of Morocco as including Western Saharan waters, the Court pointed out that agreeing to such a special meaning would be contrary to the EU's obligations under international law, ie self - determination and the relative effect of treaties, stopping short of reprimanding the EU for potentially recognising Moroccan sovereignty over Western Sahara (Judgment paras 63, 71).

At least in theory, Article 3 (1) of the Directive was also capable of having direct effect: the provision provided for a certain margin of discretion for Member States as to the measures taken to implement the obligations of the Directive; however, Member States still were compelled to take into account all employees in their calculations (para 33 - 34).

Those are obligations that I have (and which, as far as I know, I comply with without much difficulty) and if they want me to sign a piece of paper to that effect, well, so be it.

Because of the impact that a prenuptial agreement will later have on your property and maintenance rights and obligations, sound legal guidance as to the likely effect of the agreement in court will be indispensable.

«in accordance with their obligations of good faith, sincere cooperation and solidarity, the EU institutions and all the Member States (including the UK as existing), would be obliged to enter into negotiations, before separation took effect, to determine the future relationship within the EU of the separate parts of the former UK and the other Member States.»

There are as many, if not more statements (and by the same courts) to the effect that obligations of good faith (or of obligations indistinguishable from a duty of good faith) permeate both the negotiation and the performance of contracts.

Focusing on Article 27 of the Charter, it would appear more than daring to exclude any effect of rights such as Article 27 in private relations, as the article itself refers in its title to the right having to be granted «within the undertaking» (paras 39 - 40) and definitely implies legal obligations for companies in practice (para 40).

Automated Reminders: As a last step, you will want to create automated reminders, both for asking custodians to acknowledge that they understand their hold obligations as for periodically reminding them that the hold remains in effecAs a last step, you will want to create automated reminders, both for asking custodians to acknowledge that they understand their hold obligations as for periodically reminding them that the hold remains in effecas for periodically reminding them that the hold remains in effect.

Certainly the NAACP, as I understand its position before this Court, denied that it had managed or controlled the litigation which it had urged its members or others to bring, disclaimed any desire to do so, and denied any adverse effects upon its operations if lawyers representing clients in school desegregation or other litigation financed by the NAACP represented only those clients and were under no obligation to follow the dictates of the NAACP in the conduct of that litigation.

There is no evidence on the record that the appellants clearly and unequivocally accepted the repudiation, and the appellants» November 2000 request for the respondents to complete their obligations under the LOU supports the conclusion that the appellants considered the original LOU as subsisting in full force and effect.

By the Civil Partnership Act 2004 (CPA 2004), same - sex couples were provided with a formal mechanism for recognising and giving legal effect to their relationships, and to confer upon them the same rights and obligations as entailed by marriage.

The following shall be prohibited as incompatible with the internal market: all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the internal market, and in particular those which: (a) directly or indirectly fix purchase or selling prices or any other trading conditions; (b) limit or control production, markets, technical development, or investment; (c) share markets or sources of supply; (d) apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage; (e) make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.

If the effect is that service can by stymied lawfully under the terms of the Convention by the engagement of Article 10 by the KRG, as opposed to the Federal Republic of Iraq, which may depend on a number of factors relating to its status and possible questions of issue estoppel and the effect of other treaty obligations, or can be stymied in practice by questionable and unlawful means, that is the result of the treaty obligation by which DIFC is bound and which it is bound to observe.

Section 2 of the CHRA provides that the purpose of the CHRA is to «extend the laws in Canada to give effect... to the principle that all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated, consistent with their duties and obligations as members of society, without being hindered in or prevented from doing so by discriminatory practices based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability or conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.»

It provides that effect may be given to both (i) the mandatory laws of the forum, and (ii) the mandatory laws of the state where the obligations arising out of the contract have to be performed, insofar as those mandatory laws render performance of the contract unlawful (Rome I, article 9).

On an absolutist conception of parliamentary sovereignty, the implementation of «the true intent of Parliament» (as Ekins and Forsyth put it) is the courts» lodestar, and reduces, it appears, to an obligation to give effect to what Lord Hughes in Evans called «the plain words» of the statute.

In order to encourage insurance intermediaries to advise their clients of the effect of accident benefit reductions and the options available to increase coverage the Registered Insurance Brokers of Ontario and the Financial Services Commission of Ontario have published bulletins summarizing the relevant changes as well as emphasizing the obligations of insurance intermediaries to inform their clients.

Consequently, taking into account the outcome of the judgment pointed in para 57 clearly stating that «the answer to the question referred is that Article 26 (1) of Framework Decision 2002/584 must be interpreted as meaning that measures such as a nine - hour night - time curfew, in conjunction with the monitoring of the person concerned by means of an electronic tag, an obligation to report to a police station at fixed times on a daily basis or several times a week, and a ban on applying for foreign travel documents, does not, in principle, have regard towards the type, duration, effects and manner of implementation of all those measures; it is restrictive as to give rise to a deprivation of liberty comparable to that arising from imprisonment and thus to be classified as «detention» within the meaning of that provision, which it is nevertheless for the referring court to ascertain».

In this manner, zealousness towards a client, when tempered of course with the obligation to the justice system, can be understood as striving in their cause even where it may have adverse effects on personal finances or even public reputation.

While much has been written on the obligations of counsel and their clients to preserve and produce electronic discovery, the effect of electronic communications on substantive legal issues continues to evolve as well.

[40] Prior judicial decisions on matters subsequently considered by an administrative tribunal will tend also to narrow the range of reasonable outcomes, [41] as will, potentially, the need to give effect to international obligations.

(ii) provisions naming the Owner as an intended third party beneficiary of such confidentiality obligations set forth in the agreement with the third party, with the right to enforce such confidentiality obligations in respect of its Confidential Information directly against the third party and providing for the delivery by the third party of a certificate to such effect to the Owner on request from the Owner.»

«Bearing in mind the type, duration, effects and manner of implementation of the obligations in these control orders, I am left in no doubt whatsoever that the cumulative effect of the obligations has been to deprive the respondents of their liberty in breach of Article 5 of the Convention... The collective impact of the obligations... could not sensibly be described as a mere restriction upon the respondents» liberty of movement.

2 Payment of interest or partial performance of an obligation by the debtor shall have the same effect as an acknowledgement under paragraph (1) of this article if it can reasonably be inferred from such payment or performance that the debtor acknowledges that obligation.