Sentences with phrase «factors as applicable»

Not exact matches

Actual results and the timing of events could differ materially from those anticipated in the forward - looking statements due to these risks and uncertainties as well as other factors, which include, without limitation: the uncertain timing of, and risks relating to, the executive search process; risks related to the potential failure of eptinezumab to demonstrate safety and efficacy in clinical testing; Alder's ability to conduct clinical trials and studies of eptinezumab sufficient to achieve a positive completion; the availability of data at the expected times; the clinical, therapeutic and commercial value of eptinezumab; risks and uncertainties related to regulatory application, review and approval processes and Alder's compliance with applicable legal and regulatory requirements; risks and uncertainties relating to the manufacture of eptinezumab; Alder's ability to obtain and protect intellectual property rights, and operate without infringing on the intellectual property rights of others; the uncertain timing and level of expenses associated with Alder's development and commercialization activities; the sufficiency of Alder's capital and other resources; market competition; changes in economic and business conditions; and other factors discussed under the caption «Risk Factors» in Alder's Annual Report on Form 10 - K for the fiscal year ended December 31, 2017, which was filed with the Securities and Exchange Commission (SEC) on February 26, 2018, and is available on the SEC's website at www.sfactors, which include, without limitation: the uncertain timing of, and risks relating to, the executive search process; risks related to the potential failure of eptinezumab to demonstrate safety and efficacy in clinical testing; Alder's ability to conduct clinical trials and studies of eptinezumab sufficient to achieve a positive completion; the availability of data at the expected times; the clinical, therapeutic and commercial value of eptinezumab; risks and uncertainties related to regulatory application, review and approval processes and Alder's compliance with applicable legal and regulatory requirements; risks and uncertainties relating to the manufacture of eptinezumab; Alder's ability to obtain and protect intellectual property rights, and operate without infringing on the intellectual property rights of others; the uncertain timing and level of expenses associated with Alder's development and commercialization activities; the sufficiency of Alder's capital and other resources; market competition; changes in economic and business conditions; and other factors discussed under the caption «Risk Factors» in Alder's Annual Report on Form 10 - K for the fiscal year ended December 31, 2017, which was filed with the Securities and Exchange Commission (SEC) on February 26, 2018, and is available on the SEC's website at www.sfactors discussed under the caption «Risk Factors» in Alder's Annual Report on Form 10 - K for the fiscal year ended December 31, 2017, which was filed with the Securities and Exchange Commission (SEC) on February 26, 2018, and is available on the SEC's website at www.sFactors» in Alder's Annual Report on Form 10 - K for the fiscal year ended December 31, 2017, which was filed with the Securities and Exchange Commission (SEC) on February 26, 2018, and is available on the SEC's website at www.sec.gov.

Important factors that could cause our actual results and financial condition to differ materially from those indicated in the forward - looking statements include, among others, the following: our ability to successfully and profitably market our products and services; the acceptance of our products and services by patients and healthcare providers; our ability to meet demand for our products and services; the willingness of health insurance companies and other payers to cover Cologuard and adequately reimburse us for our performance of the Cologuard test; the amount and nature of competition from other cancer screening and diagnostic products and services; the effects of the adoption, modification or repeal of any healthcare reform law, rule, order, interpretation or policy; the effects of changes in pricing, coverage and reimbursement for our products and services, including without limitation as a result of the Protecting Access to Medicare Act of 2014; recommendations, guidelines and quality metrics issued by various organizations such as the U.S. Preventive Services Task Force, the American Cancer Society, and the National Committee for Quality Assurance regarding cancer screening or our products and services; our ability to successfully develop new products and services; our success establishing and maintaining collaborative, licensing and supplier arrangements; our ability to maintain regulatory approvals and comply with applicable regulations; and the other risks and uncertainties described in the Risk Factors and in Management's Discussion and Analysis of Financial Condition and Results of Operations sections of our most recently filed Annual Report on Form 10 - K and our subsequently filed Quarterly Reports on Form factors that could cause our actual results and financial condition to differ materially from those indicated in the forward - looking statements include, among others, the following: our ability to successfully and profitably market our products and services; the acceptance of our products and services by patients and healthcare providers; our ability to meet demand for our products and services; the willingness of health insurance companies and other payers to cover Cologuard and adequately reimburse us for our performance of the Cologuard test; the amount and nature of competition from other cancer screening and diagnostic products and services; the effects of the adoption, modification or repeal of any healthcare reform law, rule, order, interpretation or policy; the effects of changes in pricing, coverage and reimbursement for our products and services, including without limitation as a result of the Protecting Access to Medicare Act of 2014; recommendations, guidelines and quality metrics issued by various organizations such as the U.S. Preventive Services Task Force, the American Cancer Society, and the National Committee for Quality Assurance regarding cancer screening or our products and services; our ability to successfully develop new products and services; our success establishing and maintaining collaborative, licensing and supplier arrangements; our ability to maintain regulatory approvals and comply with applicable regulations; and the other risks and uncertainties described in the Risk Factors and in Management's Discussion and Analysis of Financial Condition and Results of Operations sections of our most recently filed Annual Report on Form 10 - K and our subsequently filed Quarterly Reports on Form Factors and in Management's Discussion and Analysis of Financial Condition and Results of Operations sections of our most recently filed Annual Report on Form 10 - K and our subsequently filed Quarterly Reports on Form 10 - Q.

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 tfactors, 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 tfactors; 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 tfactors 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 tFactors» 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.

Domains are valued based on many factors such as marketability and brand - ability, the industry it is related to, similar domain sales, acquisition cost and, if applicable, the website traffic and associated revenue they can drive.

As potential students weigh whether they have the time, money, or interest to pursue a degree, schools consider the same factors and adjust to make their programs accessible and applicable.

Whitehead's method, in part, is to analyze these occasions of subjective experience in order to find factors capable of being generalized into principles applicable to all actual entities: «In describing the capacities, realized or unrealized, of an actual occasion, we have... tacitly taken human experience as an example upon which to found the generalized description required for metaphysics» (PR 172).

As 2 - way is considered, I would say level of accomplishment (though Mikal has been the best defender on the team for the last two years and has an award to show for it last year BEDPOY if I am not mistaken) is not as relevant as it is to the GOAT discussion (though clearly still a factor), and rather, the eye test / statistical analysis is more applicablAs 2 - way is considered, I would say level of accomplishment (though Mikal has been the best defender on the team for the last two years and has an award to show for it last year BEDPOY if I am not mistaken) is not as relevant as it is to the GOAT discussion (though clearly still a factor), and rather, the eye test / statistical analysis is more applicablas relevant as it is to the GOAT discussion (though clearly still a factor), and rather, the eye test / statistical analysis is more applicablas it is to the GOAT discussion (though clearly still a factor), and rather, the eye test / statistical analysis is more applicable.

Of course, other factors in the Netherlands, such as greater attention to urban planning and the significantly higher cost of fuel, may make these examples less applicable.

The commissioner may also place under preliminary registration review any school that has conditions that threaten the health, safety and / or educational welfare of students or has been the subject of persistent complaints to the department by parents or persons in parental relation to the student, and has been identified by the commissioner as a poor learning environment based upon a combination of factors affecting student learning, including but not limited to: high rates of student absenteeism, high levels of school violence, excessive rates of student suspensions, violation of applicable building health and safety standards, high rates of teacher and administrator turnover, excessive rates of referral of students to or participation in special education or excessive rates of participation of students with disabilities in the alternate assessment, excessive transfers of students to alternative high school and high school equivalency programs and excessive use of uncertified teachers or teachers in subject areas other than those for which they possess certification.

Also still applicable is SB1290, which directs authorizers to consider increases in pupil academic achievement for all groups of pupils served by the charter school as the most important factor in determining whether to grant a charter renewal.

Also, those wanting to assess the real worth to them can — as applicable — factor in the benefit of reducing emissions, potentially cutting a lot of gasoline use out of their lives, and solo access to HOV lanes in California, and possibly other states.

In addition to the interest rate, the APR factors in other finance charges such as, certain loan fees, and mortgage insurance premiums, if applicable, to show the total cost of financing over the scheduled life of the loan.

Closing Costs Guaranteed means that AHC Lending's Processing and Underwriting fees (if applicable) for your loan application will not change between the time your rate is locked and the time you close, assuming the following: No change in your loan amount, property value, property type, occupancy purpose, interest rate, lender credit or discount points, credit rating, any stated items on your application, such as your income, assets, job history, address history, legal residency status, or any other factor that may affect the underwriting decision of the loan you applied for do not change.

The premium will be priced based on the same factors as any other home - the replacement cost value, the deductible you choose and other applicable risks - but it will be higher than if the same home were your primary residence.

Note that there are MANY other factors that may also be applicable as to whether to take this job or not (do you like the work?

Don't forget to factor in such details as the cost of hiring and training a successor, where applicable, and any debts that the family may have to repay.

This is highly applicable to real estate, as it's often easy to focus on one single factor and forget to see the forest over one tree.

The Court found that the interpretation of insurance contracts involves a unique blend of the general principles of interpretation applicable to all contracts and the unique principles applicable in the insurance setting.22 While courts have found that the «language of the policy» is the most important factor in determining whether coverage is granted or excluded, courts have found that where there is genuine ambiguity or doubt, the duty to defend ought to be resolved in favour of the insured.23 Similarly other insurance law principles should be considered, such as the principle that coverage provisions should be construed broadly and exclusion clauses should be construed narrowly.24 It was this last principle that the Court looked to in making a decision in this case.

Taking into account the above - mentioned factors, the GC was able to conclude that — as Regulation 1370/2007 was not applicable and did not fulfil the requirements for retroactive application — the Commission had erred in law by assessing the aid's compatibility according to the provisions of Regulation 1370/2007.

There are a variety of factors that may play into it but not all of the factors will be applicable as each accident, along with those injured, will involve a unique set of circumstances.

All of these factors are well recognized, and it comes as no surprise to any experienced lawyer that the traditional predictive analysis — that is, a precedent - focused analysis of the potentially applicable elements and defenses — will not always produce accurate forecasts of case outcomes.

Access to justice is the applicable principle that guides the court's determination as to the appropriate form of notice, and the court is mandated to consider a number of factors which determine the best form of notice in the circumstances.

[74] At para. 43, the court noted that in Kuo v. Chu, 2009 BCCA 405 at para. 9, the Court of Appeal adopted the following factors from Locke v. Locke, 2000 BCSC 1300, as applicable to the question of whether a loan or a gift was intended:

The parties agreed that the applicable legal test on motions for further defence medical assessment (s) is found in Bonello v. Taylor.2 The applicable factors are set out at paragraph 16 of that decision as follows:

If the court finds it is not in the best interests of the child to relocate as defined herein, but the parent with whom the child resides the majority of the time elects to relocate, the court shall make a custody determination and shall consider all relevant factors including the following where applicable:

When considering if the English Court is clearly the appropriate forum for the dispute to be determined, the factors the English Court may consider are wide, and include: (i) the personal connections the parties have to the countries which are relevant to the dispute (ii) the factual focus of the dispute (i.e. in what country / countries did the relevant events occur)(iii) factors affecting convenience or expense, such as the location of witnesses and / or documents (iv) applicable law and (v) whether the matter would receive a fair trial in another jurisdiction.

Accordingly, Crown counsel's suggestion of a maximum reformatory sentence of two years less a day can be properly understood as a effort to factor in, if modestly, considerations applicable to Aboriginal offenders.

In light of the other Section 3553 (a) factors, however, such as the nature and circumstances of the offense, the need of the sentence to reflect the seriousness of the offense and to provide just punishment, the applicable guideline range, and the need to avoid unwarranted sentencing disparities, the history and characteristics of Bryant do not justify a thirty - month sentence in this case...

2006)(«But just as we presume on appeal that a sentence within the applicable Guideline range is reasonable, so are district courts free to make the same presumption - so long as they also consider the other factors listed in 3553 (a).»).

(ii) The matters to be dealt with are: - the aggravating and mitigating factors of the offence (not personal mitigation); - any statutory provisions relevant to the offender and the offence under consideration so that the judge is made aware of any statutory limitations on sentencing; - any relevant sentencing guidelines and guideline cases; - identifying any victim personal statement or other information available to the prosecution advocate about the impact of the offence on the victim; - where appropriate, any evidence of the impact of the offending on a community; - an indication, where applicable, of an intention to apply for any ancillary orders, such as anti-social behaviour orders and confiscation orders, and so far as possible, indicating the nature of the order to be sought.

In determining the amount and duration of maintenance the court shall consider: (A) the income and property of the respective parties including marital property distributed pursuant to subdivision five of this part; (B) the duration of the marriage and the age and health of both parties; (C) the present and future earning capacity of both parties; (D) the ability of the party seeking maintenance to become self - supporting and, if applicable, the period of time and training necessary therefor; (E) reduced or lost lifetime earning capacity of the party seeking maintenance as a result of having foregone or delayed education, training, employment, or career opportunities during the marriage; (F) the presence of children of the marriage in the respective homes of the parties; (G) the tax consequences to each party; (H) contributions and services of the party seeking maintenance as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party; (I) the wasteful dissipation of marital property by either spouse; (J) any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration; and (K) any other factor which the court shall expressly find to be just and proper.

The Court of Appeal was not so satisfied: there was no «clear preponderance of factors» sufficient for English law to displace Russian law as the applicable law.

The premium will be priced based on the same factors as any other home - the replacement cost value, the deductible you choose and other applicable risks - but it will be higher than if the same home were your primary residence.

In such case the benefit paid will be calculated as Survival Benefit % * Sum Assured * applicable Survival Benefit factor.

As far as qualifying factors for joining this plan go, the life insurance cover of Rs 30,000 is applicable for only heads of families and any earning family members of ages 18 to 59 yearAs far as qualifying factors for joining this plan go, the life insurance cover of Rs 30,000 is applicable for only heads of families and any earning family members of ages 18 to 59 yearas qualifying factors for joining this plan go, the life insurance cover of Rs 30,000 is applicable for only heads of families and any earning family members of ages 18 to 59 years.

In such a case, the benefit will be calculated as Survival Benefit % * Sum Assured * applicable Survival Benefit factor

VSRB is paid only if applicable, and its value is equal to the product of accrued bonuses and surrender value factor, the latter depends on the year of surrender and minimum (surrender upon completion of 3 years) is 15.28 %, the factor goes on increasing as years increase.

Computed leasing charges, based on such factors as length of contract, anticipated mileage and applicable taxes.

Factors include, the length of time the child used a certain surname, the identification of the child as a member of a family unit, the potential anxiety, embarrassment, or uneasiness the child might experience if the child bears a last name dissimilar from his or her custodial parent, and, if applicable, the child's expressed preference for a particular parental surname.

Factor loadings (where applicable), internal consistency (Cronbach's alpha, ordinal alpha), as well as the scale and item means and standard deviations are presented in Table 2.

[A] ll indigenous communities have, and uphold, a complete code of rules of various kinds which are applicable to the tenure and conservation of land as an important factor in the production process, the foundations of family life and the territorial basis for the existence of peoples as such.

While the rule doesn't state that credit scores and scoring models for reverse loans will be reported as «not applicable,» it is likely your institution does not use credit scores as a qualification factor on reverse loans.