Sentences with phrase «into by the parties»

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

A court should give effect to a pre - or post-civil partnership agreement, as it should to a pre - or post-nuptial agreement, that is freely entered into by each party with a full appreciation of its implications, unless it is unfair.

Having been substantially successful at trial, the claimant sought full indemnity for legal costs based upon a clause in an assignment agreement which had been entered into by the parties.

Nothing in the evidence before me satisfies me that it would be unfair to uphold the provisions of an agreement entered into by these parties in contemplation of their marriage, which agreement specifically provides that it does not oust the provisions of the applicable law.

In majority of Family Law disputes, it is always preferable that the outstanding issues be dealt with by negotiations which would then result in an Agreement being entered into by the parties.

A participation agreement is entered into by the parties, counsel and neutral team members.

(a) If a written agreement is entered into by the parties, the parties may utilize a collaborative law process to resolve any matter governed by this code over which the court is granted jurisdiction.

The judge will «find» that the divorce is irretrievably broken and that the Separation Agreement was entered into by both parties and not a product of duress or coercion The judge will «find» that the Separation Agreement is fair and reasonable in light of the circumstances.

The appellant wife appealed the SCJ judge's refusal to set aside the minutes of settlement entered into by the parties six years earlier.

The EU has come up with a proposal to have a «28th law» (in addition to the law of the 27 member states), being a common consumer law that could be opted into by parties to a transaction.

In the context of the cited language, the word «order» is not being used in the context of a military style command, instead it is being used in the context of a purchase order for goods or services (or a contract) that has already been voluntarily entered into by the parties.

(a) Necessary to identify, authenticate, confirm, or deny a written agreement entered into by the parties during parenting coordination;

These include disposition of marital property and other property interests; child custody and visitation; child support; alimony; and enforcement of agreements voluntarily entered into by the parties.

Upon the expiration of the second listing agreement, a third agreement was entered into by the parties.

Nor is the Company a guarantor of any lease, or any other agreement entered into by any parties via the Site.

In that case (Stonehill Capital Management v. Bank of the West 28 NY3D 439, 2016) the court of appeal upheld a contract entered into by parties when the seller «agreed» to accepted the option bidders bid in an email that set forth all the material terms of the deal, including the sales price, specific loan to be sold, timing of the closing and manner of payment and wire transfer information.

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.

However, any employer who is considering seeking out a helping hand from a third party so that they can streamline their workplace processes have been urged by Chris Runckel, the president of Runckel & Associates in Portland, Oregon, to not rush into the decision.

Mojio is a little box that plugs into any car's maintenance data port, beaming out information about the car's internal state, so the driver can use smartphone apps (either supplied by Mojio, or by third parties) to do anything from monitor their car's fuel economy to find parking spots.

We dropped by a few of the parties this weekend and even managed to sneak into the dinner for a few minutes.

Another problem with claiming the CMHC's $ 600 - billion cap sounds the death knell is that no political party in Canada wants to see house prices plummet like they did in the U.S.. By reigning in the CMHC, the Conservatives are attempting to moderate the boom, not tip into it into a meltdown.

Because it is difficult and time - consuming to acquire customers, most new companies find it easier to break into a market by tapping into a network of manufacturers» reps, agents, brokers and other third - party resellers.

By consolidating everything into a single platform, businesses can integrate services without disclosing an excessive amount of proprietary information to third parties.

The love - to - hate fashion faux pas unexpectedly blasted their way into popular culture in recent years by way of «ugly sweater parties.»

By converting «wasted» presidential votes into «none of the above» or support for third - party candidates in Oklahoma, Arizona and other deep red states in the South — the Confederacy, essentially — black voters would exert pressure on party leaders to not take black voters and their issues for granted.

Such risks, uncertainties and other factors include, without limitation: (1) the effect of economic conditions in the industries and markets in which United Technologies and Rockwell Collins operate in the U.S. and globally and any changes therein, including financial market conditions, fluctuations in commodity prices, interest rates and foreign currency exchange rates, levels of end market demand in construction and in both the commercial and defense segments of the aerospace industry, levels of air travel, financial condition of commercial airlines, the impact of weather conditions and natural disasters and the financial condition of our customers and suppliers; (2) challenges in the development, production, delivery, support, performance and realization of the anticipated benefits of advanced technologies and new products and services; (3) the scope, nature, impact or timing of acquisition and divestiture or restructuring activity, including the pending acquisition of Rockwell Collins, including among other things integration of acquired businesses into United Technologies» existing businesses and realization of synergies and opportunities for growth and innovation; (4) future timing and levels of indebtedness, including indebtedness expected to be incurred by United Technologies in connection with the pending Rockwell Collins acquisition, and capital spending and research and development spending, including in connection with the pending Rockwell Collins acquisition; (5) future availability of credit and factors that may affect such availability, including credit market conditions and our capital structure; (6) the timing and scope of future repurchases of United Technologies» common stock, which may be suspended at any time due to various factors, including market conditions and the level of other investing activities and uses of cash, including in connection with the proposed acquisition of Rockwell; (7) delays and disruption in delivery of materials and services from suppliers; (8) company and customer - directed cost reduction efforts and restructuring costs and savings and other consequences thereof; (9) new business and investment opportunities; (10) our ability to realize the intended benefits of organizational changes; (11) the anticipated benefits of diversification and balance of operations across product lines, regions and industries; (12) the outcome of legal proceedings, investigations and other contingencies; (13) pension plan assumptions and future contributions; (14) the impact of the negotiation of collective bargaining agreements and labor disputes; (15) the effect of changes in political conditions in the U.S. and other countries in which United Technologies and Rockwell Collins operate, including the effect of changes in U.S. trade policies or the U.K.'s pending withdrawal from the EU, on general market conditions, global trade policies and currency exchange rates in the near term and beyond; (16) the effect of changes in tax (including U.S. tax reform enacted on December 22, 2017, which is commonly referred to as the Tax Cuts and Jobs Act of 2017), environmental, regulatory (including among other things import / export) and other laws and regulations in the U.S. and other countries in which United Technologies and Rockwell Collins operate; (17) the ability of United Technologies and Rockwell Collins to receive the required regulatory approvals (and the risk that such approvals may result in the imposition of conditions that could adversely affect the combined company or the expected benefits of the merger) and to satisfy the other conditions to the closing of the pending acquisition on a timely basis or at all; (18) the occurrence of events that may give rise to a right of one or both of United Technologies or Rockwell Collins to terminate the merger agreement, including in circumstances that might require Rockwell Collins to pay a termination fee of $ 695 million to United Technologies or $ 50 million of expense reimbursement; (19) negative effects of the announcement or the completion of the merger on the market price of United Technologies» and / or Rockwell Collins» common stock and / or on their respective financial performance; (20) risks related to Rockwell Collins and United Technologies being restricted in their operation of their businesses while the merger agreement is in effect; (21) risks relating to the value of the United Technologies» shares to be issued in connection with the pending Rockwell acquisition, significant merger costs and / or unknown liabilities; (22) risks associated with third party contracts containing consent and / or other provisions that may be triggered by the Rockwell merger agreement; (23) risks associated with merger - related litigation or appraisal proceedings; and (24) the ability of United Technologies and Rockwell Collins, or the combined company, to retain and hire key personnel.

Byron Fitzgerald, Manager of the Litigation Section of the CBSA would later characterize the argument made by Finance and the Conservative Party that iPods could come into the country tariff free under 9948 using end use certificates is «perpetuating a fraud»:

«Entrepreneurial graduates are confident that they can even turn party pictures into profit by promoting clubs, festivals, clothing, spirits and beverages.

Denuclearization efforts should «do no harm by taking into consideration the interests of all parties, including China,» Da said.

It has developed an aftermarket device you plug into your dashboard that gives you all the diagnostic information a mechanic would get when fixing your car, plus an open platform served by some 150 third - party apps for your smartphone that will do everything from automatically logging your mileage to telling you how fast your teenager may be driving.

«When taken in combination with the W1 chipset, a rise in convenience is offset by a clear aggregate move by Apple to move iOS device owners» accessories purchases away from third parties and industry standards, and more distinctly into Apple's own product families,» IHS senior analyst Paul Erickson said.

Apple was due to pay all the money into an escrow account, which is held by a third party, by January 3.

And while Xi is riding high after consolidating power at a twice - a-decade Communist Party Congress last month, Trump comes to China saddled with low public approval ratings and dogged by investigations into Russian links to his election campaign.

But at the present stage of European integration, it may be difficult for any European government to put into legislation many of the sentiments espoused by nationalist parties, such as immigration reform, opposition to economic integration or the protection of what they see as their national culture.

In the eyes of the law, by the very nature of entering into business with another party, you may be considered a partnership — whether you have a written agreement or not.

Clinton has moved leftward since announcing her candidacy, but she is still threatened by the populist appeal of Sanders, who has long championed the causes that seem to be coming into grace for the Democratic Party.

Even when voters seek redress for high unemployment or inflation, it's based on buying into a short term narrative that is successfully sold by the winning party, not previous experience.

Update: A spokesperson for the ICO said is investigating 30 organizations, including Facebook, as part of its probe into the use of personal data and analytics by political campaigns, parties, social media companies and other commercial actors.

When the great moment comes on Friday night that reporters and delegates are invited by the party into the same room, and the blue volunteers hold hands and sing, and Harper begins his speech to delegates, his task will not actually be all that daunting.

Kogan seemed most comfortable during the session when he was laying into Facebook's platform policies — perhaps unsurprisingly, given how the company has sought to paint him as a rogue actor who abused its systems by creating an app that harvested data on up to 87 million Facebook users and then handing information on its users off to third parties.

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When it's not Facebook admitting it allowed data on as many as 87 million users to be sucked out by a developer on its platform who sold it to a political consultancy working for the Trump campaign, or dating app Grindr «fessing up to sharing its users» HIV status with third party A / B testers, some other ugly facet of the tech industry's love affair with tracking everything its users do slides into view.

Once the funds are approved by the bank, the amount has to be converted by the third - party vendor, in this case BitPesa, into bitcoin.

The original decree was made as a settlement to an inquiry at the time into how Facebook — then just a startup but growing wildly fast — «deceived consumers by telling them they could keep their information on Facebook private, and then repeatedly allowing it to be shared and made public,» and it arose specifically in relation to how third - party apps were able to use and access this data.

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;

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In May 1983 British Columbians voted the Social Credit Party, headed by William BENNETT, into office.

We anticipate that, after consummation of the transactions contemplated by the 2014 Recapitalization and upon the closing of this offering, only the Post-IPO Note, and none of the Related - Party Notes or the Related - Party Warrants, would remain outstanding, and all of our issued and outstanding shares of convertible preferred stock and common stock of various classes would be converted into shares of common stock.