Sentences with phrase «means upon the parties»

Not exact matches

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;

Let's all pray that a plague descends upon those who lie to us about who is to blame for this economy.That means you - Tea Party.

Summer is upon us, and that means pool parties, backyard BBQs and many holiday shindigs.

They're mainly a bunch of nuts and crackpots, those WFP folks, and they have no meaning themselves other than piggybacking upon whoever the Democratic Party nominee is for any given office and then somehow «believing» this is meaningful.

The holiday season is upon us and our calendars are filled with social plans and party invites, which means thinking about what to wear, what to bring, and... (let's face it) how to avoid being hungover.

Holiday party season is officially upon us, meaning we're all a bit stressed and in need of a glass of prosecco or three.

Well, holiday (party) season is pretty much upon us — and if there's anything I love about this time of year (the parties, I mean), it's the loads and loads of opportunity to dress super festive, swanky and chic.

* The holidays are upon us and that means it is time for holiday parties.

#LookByMilani #CollectiveBias The holiday season is almost upon us, which means tons of holiday parties!

The holiday season is finally upon us, which means we'll be doing lots of shopping and hitting up glittering parties galore.

Upon viewing Sally Potter's The Party, traditional theatergoers in particular may be disillusioned with the fact that this is a story that looks meant...

Upon arrival, one person notes «everyone was still asleep because of a tequila party the night before» and another confirms, «This place is loud all night, and I mean all night until 6 AM in the morning.»

So summer is creeping ever closer and Europe is beginning to heat up which means party season will soon be upon us.

Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks upon, or hacking of, the Site or otherwise attempt to disrupt the Site or any other person's use of the Site; (b) attempt to gain unauthorized access to the Site or the computer systems or networks connected to the Site; (c) obtain or attempt to obtain any information from the Site using any method not expressly permitted by Undead Labs; or (d) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan - horse routing, trap door, time bomb or any other codes, instructions or third - party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble the Site.

The Christmas season is nearly upon us and that means parties; at home, at friends or even the workplace.

This means the Xbox One X is reliant, almost entirely, upon its third - party publishers.

The provision continues by stating that in «doing so, the Tribunal shall follow the prevailing interpretation given to the domestic law by the courts or authorities of that Party and any meaning given to domestic law by the Tribunal shall not be binding upon the courts or the authorities of that Party.»

In so doing, the Tribunal «shall follow the prevailing interpretation given to the domestic law by the courts and authorities of that Party and any meaning given to domestic law by the Tribunal shall not be binding upon the courts or the authorities of that Party» (Article 8.31 CETA).

John's expertise in employment law, public law and regulatory matters means that he is well - suited to advise upon and represent parties in sports matters.

The holiday season is almost upon us, which means ample opportunity for lawyers to network at a seemingly never - ending string of parties and social gatherings, where the business cards flow faster than the liquor.

In contrast, the interpretation urged upon us by the appellant would result in the parties being effectively treated as legal strangers under the legislation and would force them to assert their economic claims through more limited and less predictable means, such as trust claims.

The FTCA is the «exclusive means by which a party may sue the United States for money damages... in tort» pursuant to 28 USC § 2679, but this is really something of an exaggeration as there are lots of constitutional and statutory grounds upon which the United States government can also be sued for money damages that naively appear tort - like, such as a reverse condemnation action under the 5th Amendment to the United States Constitution.

(a) Subject to the provisions of paragraph (4) of this rule, a party may obtain discovery of documents and tangible things otherwise discoverable under paragraph (1) of this rule and prepared in anticipation of litigation or for trial by or for another party or by or for that other party's representative (including his attorney, consultant, surety, indemnitor, insurer, or agent) only upon a showing that the party seeking discovery has substantial need of the materials in the preparation of his case and that he is unable without undue hardship to obtain the substantial equivalent of the materials by other means.

only upon a showing that the party seeking discovery has substantial need of the materials in the preparation of his case and that he is unable without undue hardship to obtain the substantial equivalent of the materials by other means.

Subject to the provisions of subdivision (b)(4) of this rule, a party may obtain discovery of documents and tangible things otherwise discoverable under subdivision (b)(1) of this rule and prepared in anticipation of litigation or for trial by or for another party or by or for that other party's representative (including the other party's attorney, consultant, surety, indemnitor, insurer, or agent) only upon a showing that the party seeking discovery has substantial need of the materials in the preparation of the party's case and that the party is unable without undue hardship to obtain the substantial equivalent of the materials by other means.

This means the other side files a motion saying that the opposing party failed to state a claim upon which relief can be granted.

At the same time, it gives coverage for the insured party's family, which means that beneficiaries will receive proceeds from the insurance claim upon death of the policy holder.

The holiday season is upon us once again, so that means lots of office parties, family gatherings... and shopping malls crammed with people desperately seeking bargains on the latest must have holiday gifts.

In terms of patent preemption, the Federal Circuit has determined that in order for any state law tort claim (e.g., tortious interference, unfair business practices, etc.) to exist against a patent asserter, the assertion of the patent upon the potentially infringing party must be «objectively baseless» — which essentially means that a reasonable person would not have believed that they would have had a chance of a positive outcome in a lawsuit.

If an issue is not agreed upon, the parties have to be prepared to act as their own representatives, meaning they must call witnesses, prepare exhibits, ask questions of the opposing party, and tell the court why their request for specific orders should be granted, within specific procedural requirements.

The meaning of this protection in relation to Indigenous peoples is further explained by the CERD Committee's [1] General Comment on Indigenous Peoples, which calls upon state parties to:

In my opinion, unless an agent is a party to the transaction (meaning buyer or seller), an agent should never give up pay for their services, unless it was never agreed upon from the get go.

Casey v. Masullo Brothers Builders, Inc. (218 A.D. 2d 907)- Buyer sues seller for fraud, misrepresentation, mistake of fact and breach of contract where buyer purchased residence based upon representations by seller through newspaper advertisements and representations by seller's Realtor regarding the school district within which the property was located; Realtor's statement based upon own investigation, loan profile sheet from an abstract company prepared prior to the closing, and town tax rolls which confirmed placement of the property within the disclosed school district; unless the facts are matters peculiarly within one party's knowledge, the other party must make use of means available to him to ascertain, by the exercise of ordinary intelligence, the truth of such representations; question of fact exists whether a reasonable inquiry would have revealed the correct school district; order dismissing seller's motion for summary judgment affirmed.

The season for holiday merrymaking is almost upon us, and that means parties.