Sentences with phrase «legal remedies which»

Due to this risk lenders can ill afford to take substantial losses and then write them off the books or pursue legal remedies which could last years.

Not exact matches

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.

Teachers at the Conference in Birmingham have warned of the dangerous toll which bullying is having on the mental and physical health of teachers and have called for stronger legal remedies to ensure all cases of bullying are dealt with effectively.

The judge also ordered Jacobs to pay for the homeowners» legal fees, which is part of the remedy of a SLAPP suit, according to Jones» decision.

The Endocrine Society or its licensors shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including without limitation lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the Site, the user materials, the Site Materials, the services, products, information and other materials on and in and made available through the Site, regardless of legal theory, whether or not the Endocrine Society had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose.

What's so wrong with taking a measurable loss up front as compared to allowing a loan to go into foreclosure, which can take months to years, having homeowners file bankruptcy or other legal remedies, which may take more months or years to clear, and accruing thousands of dollars in lost interest and legal fees?

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL DAVID ZWIRNER, ITS AFFILIATES, SUBSIDIARIES OR LICENSORS, OR ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENT AND CONTRACTORS (COLLECTIVELY, THE «PROTECTED ENTITIES») BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE WEBSITE, THE WEBSITE PROPRIETARY CONTENTS, USER INFORMATION, SUBSCRIBER INFORMATION, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE WEBSITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR DAVID ZWIRNER HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE.

When pressed, the house revealed that, rather than pursuing a legal remedy, they simply issue the deadbeat a ban for life — which is amazing because, meanwhile, everyone else in the art world is suing each other!

This leads on to considerations of costs, given that defamation is a High Court remedy for which legal aid has never been available.

While she notes that the «purpose of the revision of the former fourth paragraph of Article 230 EC by the present fourth paragraph of Article 263 TFEU was undoubtedly to strengthen individual legal protection by extending the legal remedies available to natural and legal persons against European Union acts of general application» (para. 33), she nevertheless continues by making three arguments which underline the General Court's interpretation of what regulatory acts entail.

Even where an employment contract is legal and enforceable, there remain employee remedies which the contract can not take away.

Given that many Member States had in general implemented the DRD in a manner which was compliant with fundamental rights, the AG suspended the effects of the finding that the DRD was invalid pending the adoption by the EU legislature within a reasonable period of measures to remedy its legal flaws [158].

Notwithstanding some critical aspects to which the Court was supposed to remedy (the principle of legal certainty must be observed), the judgment would have been a contribution to the realization of a global project in line with a constructivist approach to global governance.

A new website aims to help bridge the justice gap for veterans by helping them identify issues in their lives for which there may be a legal remedy and then helping them identify the steps they can take to pursue that remedy.

The report, Rights without remedies, which was published this week, shows the impact on children of LASPO (the Legal Aid, Sentencing and Punishment of Offenders Act 2012).

Within the past decade, banking and insurance companies have hired historical legal experts and spent a lot of time litigation over the US Federal Court system's power to issue equitable remedies such as the Mareva injunction and equitable liens to seize assets in federal litigation; the Alien Torts Act which has been used by international human rights organizations had its breadth restricted by use of 18th century views of the «law of nations» requiring recourse to historic writers like Hugo Grotius, and even administrative law has come under assault by dissents of Justice Thomas arguing that the «Chevron» doctrine of deference to agency interpretations of their own statutes should be set aside as being incompatible with the understanding of the American separation of powers doctrine as it was understood at the time of the country's founding.

Effective WTO advocacy requires, in addition to a comprehensive knowledge of WTO law, an understanding of the multilateral institutional context in which WTO dispute settlement occurs, the ability to devise effective strategies within a system that does not allow for monetary or retrospective remedies, and the capacity to present arguments in a manner which WTO adjudicators (who are drawn from a wide variety of professional backgrounds and legal cultures) will find convincing.

«The matters to which the court must have regard include --(a) the financial value of the claim and the amount in dispute, if different; (b) whether it would be more convenient or fair for hearings (including the trial) to be held in some other court; (c) the availability of a judge specialising in the type of claim in question; (d) whether the facts, legal issues, remedies or procedures involved are simple or complex; (e) the importance of the outcome of the claim to the public in general».

Criminal homicide is a homicide under facts for which a statute creates a criminal legal remedy, such as prison.

Did you know that other cases prescribe legal tests that must be applied to determine your entitlement to a statutory remedy, the existence of which the statute doesn't even hint at?

That site focuses on helping veterans identify issues in their lives for which there may be a legal remedy and then helping them identify the steps they can take to pursue that remedy.

Where an agreement is reached under which an individual provides money and services in return for a legal but unenforceable promise which the promissor, after the money has been paid and the services provided, refuses to carry out, the individual is entitled to a restitutionary remedy, since the consideration in return for which the money was paid and the services were provided would have wholly failed.

The best way for a parent to get maximum power, protections, and right is to get: 1) sole legal custody (so that the parent can make all major decisions without his input and without court approval); 2) the most days and overnights of parenting time as the court will allow; and 3) very specific language throughout the final custody / divorce order that spells out exactly which activities and behaviors that the parents must either perform or are prohibited from doing (so that if the other parent violates, then it will be easier to prove the violation to the court and therefore get some sort of remedy, such as finding the other parent in contempt of court).

Most of our clients have exhausted all legal remedies before they get to us, which makes proving their innocence even more daunting.

That may not include the «intensity» criterion propose by the learned authors here, which is more part of a «legal remedy vs no remedy» calculation.

Mediators are trained to be sensitive and responsive to the needs of the parties, and they are more able to explore options for the parties to find ways acceptable to all, which can be beyond legal remedies.

ICLL is of course more than just an index, it is also an ongoing bibliography of legal Canadiana, and such it is a fundamental research tool in Canadian law; however, what it lacks in the online version is hyperlinks to the text of the source itself, which however good the indexing, is now pretty much the expectation of most users including myself, which is a project somebody should take on to remedy.

This morning we have files a complaint in the home state of CT with the BBB and my attorney has been advised to look at which other legal remedies we have to pursue.

This situation can be remedied by adoption, which makes a person the legal parent of the child, with all the rights and responsibilities of parenthood.

One has to wonder which avenue of remedy causes a Realtor to be more circumspect about ones» behaviour... the threat of a decision by an in - house organization resulting in an insurance payout together with the potential loss of ones» license, or, the threat of successful legal action resulting in damages (to be borne personally by the offender in the form of money), not to mention a public judgement against one's person.

«There is simply no legal, economic or factual basis upon which to order the remedy sought by the commissioner,» says CREA.

CREA has filed its response to the Competition Bureau's challenge of its MLS rules, calling comments by commissioner of competition Melanie Aitken «preposterous» and stating, «There is simply no legal, economic or factual basis upon which to order the remedy sought by the commissioner.»