Sentences with phrase «of pending litigation on»

Where a real estate transaction has been terminated by a vendor and the purchaser still insists on closing, one remedy available to the purchaser as part of a lawsuit for specific performance of the contract is the issuance and registration of a certificate of pending litigation on title.

Not exact matches

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.

The Company is not currently a party to any material legal proceedings, nor is the Company aware of any pending or threatened litigation that would have a material adverse effect on the Company's business, operating results, cash flows, or financial condition should such litigation be resolved unfavorably.

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.

Examples of these risks, uncertainties and other factors include, but are not limited to the impact of: adverse general economic and related factors, such as fluctuating or increasing levels of unemployment, underemployment and the volatility of fuel prices, declines in the securities and real estate markets, and perceptions of these conditions that decrease the level of disposable income of consumers or consumer confidence; adverse events impacting the security of travel, such as terrorist acts, armed conflict and threats thereof, acts of piracy, and other international events; the risks and increased costs associated with operating internationally; our expansion into and investments in new markets; breaches in data security or other disturbances to our information technology and other networks; the spread of epidemics and viral outbreaks; adverse incidents involving cruise ships; changes in fuel prices and / or other cruise operating costs; any impairment of our tradenames or goodwill; our hedging strategies; our inability to obtain adequate insurance coverage; our substantial indebtedness, including the ability to raise additional capital to fund our operations, and to generate the necessary amount of cash to service our existing debt; restrictions in the agreements governing our indebtedness that limit our flexibility in operating our business; the significant portion of our assets pledged as collateral under our existing debt agreements and the ability of our creditors to accelerate the repayment of our indebtedness; volatility and disruptions in the global credit and financial markets, which may adversely affect our ability to borrow and could increase our counterparty credit risks, including those under our credit facilities, derivatives, contingent obligations, insurance contracts and new ship progress payment guarantees; fluctuations in foreign currency exchange rates; overcapacity in key markets or globally; our inability to recruit or retain qualified personnel or the loss of key personnel; future changes relating to how external distribution channels sell and market our cruises; our reliance on third parties to provide hotel management services to certain ships and certain other services; delays in our shipbuilding program and ship repairs, maintenance and refurbishments; future increases in the price of, or major changes or reduction in, commercial airline services; seasonal variations in passenger fare rates and occupancy levels at different times of the year; our ability to keep pace with developments in technology; amendments to our collective bargaining agreements for crew members and other employee relation issues; the continued availability of attractive port destinations; pending or threatened litigation, investigations and enforcement actions; changes involving the tax and environmental regulatory regimes in which we operate; and other factors set forth under «Risk Factors» in our most recently filed Annual Report on Form 10 - K and subsequent filings by the Company with the Securities and Exchange Commission.

Dan Lewza, who issued a notice of claim on Tuesday, Oct. 17, would not talk about the pending litigation.

David Bookstaver, a spokesman for the Office of Court Administration, said it would be «inappropriate» to comment on pending litigation.

The Department of Health plays no role in approving the transfer of real estate and does not comment on pending litigation,» a Department of Health spokesman said.

The State Department of Corrections and Community Supervision said it can't comment on pending litigation.

The county executive's office said it doesn't comment on pending litigation but did say it was not aware of any previous claims of sexual harassment or abuse.

Mahoney's spokesman, Justin Sayles, said the county has a policy of not commenting on pending litigation.

«As a matter of policy, Harvard does not comment on pending litigation,» university spokesperson Tania deLuzuriaga told Science Careers by email.

USDA and the Department of Justice, which represents government agencies that are sued, both declined to comment on pending litigation.

(c) As to transactions entered into after May 20, 1996, a creditor shall have no liability under this chapter for any act or practice done or omitted in conformity with any (i) regulation of the administrator, or (ii) any rule, regulation, interpretation, or approval of any applicable Alabama or federal agency or any opinion of the Attorney General, notwithstanding that after such act or omission has occurred, the regulation, rule, interpretation, opinion, or approval is amended, rescinded, or determined by judicial or other authority to be invalid for any reason; provided, however, that any interpretation or opinion issued after May 20, 1996, shall not have any effect on any litigation pending on May 20, 1996, nor shall any interpretation or opinion issued after May 20, 1996, have any effect on litigation if issued subsequent to filing of the litigation.

A pit bull ban means additional animal control workers for identification and enforcement and litigation, sheltering, vet care and other costs of care for restricted breeds that have been impounded and must be held pending hearings; less in licensing fees as owners decline to register restricted breeds for fear of not being able to afford or follow through on restrictions; an increase in restricted breeds in shelters in surrounding communities, less shelter and resources for other animals that are euthanized.

On February 9, 2016, the Supreme Court put a stay on the CPP pending final resolution of litigation in which 27 states and numerous industry and non-profit organizations are petitioning to overturn the rulOn February 9, 2016, the Supreme Court put a stay on the CPP pending final resolution of litigation in which 27 states and numerous industry and non-profit organizations are petitioning to overturn the rulon the CPP pending final resolution of litigation in which 27 states and numerous industry and non-profit organizations are petitioning to overturn the rule.

At the time, Quattrone was aware of pending litigation regarding one specific IPO (VA Linux) and that the US Attorney was likely to hand down an indictment centering on how CSFB allocated pre-IPO shares to their best clients in the VA Linux IPO.

Yesterday evening, the Competitive Enterprise Institute's (CEI) Center for Class Action Fairness objected on behalf of a class member to an unfair settlement and an excessive attorneys» fees request in In re Petrobras Securities Litigation, pending before the U.S. District Court for the Southern District of New York.

In the pending oil spill multidistrict litigation, it represents the state of Louisiana and has a seat on the plaintiffs» executive committee.»

We provide litigation plans, budgets, and constructive analysis on all aspects of pending litigation to allow our clients to better manage their business.

King & Wood Mallesons» (KWM) China arm is in talks to take on large teams of lawyers from the firm's Dubai, Germany, Italy and Spain offices as well as City corporate and litigation teams, with the news coming as former partners have been emailed about potential liabilities they may face relating to the firm's pending January tax bill.

«Daily posting of interesting developments about new and pending Section 337 ITC investigations, litigation trends, statistics, practical insights into the Administrative Law Judges, and commentary on important ITC decisions.»

Consultant, Interights: Along with Professor James Crawford SC, I prepared a substantial expert report on matters of public international law in support of pending litigation before the European Court of Human Rights in the case of Baltasar Garzón v Spain.

Such a requirement is standard fare on ex parte motions, such as those for certificates of pending litigation.

Pending clarity on the post-Brexit EU enforcement regime, businesses and their legal advisors should consider arbitration (and the inclusion of arbitration clauses) as an alternative to litigation.

Issues surrounding the pending litigation are even raised on the talk page among the editors, including the location of the IP addresses making the changes, and news stories about the issue.

It seems to me that if legal advice obtained by one person is passed on to another person for the sake of informing that other person in confidence of legal advice which that person needs to know by reason of a sufficient common interest between them, then it would be contrary to the principle upon which all legal professional privilege is granted to say that the legal advice which was privileged in the hands of the first party should be lost when passed over in confidence to the second party, merely because it was not done in the context of pending or contemplated litigation.

On May 14, 2010, Judge Mariana R. Pfaelzer of the United States District Court for the Central District of California appointed Cohen Milstein lead counsel in the securities litigation case pending against Countrywide Financial Corporation.

Before joining Carr Maloney, Peter served as a law clerk in the Office of the Attorney General of Virginia, where he worked on white - collar criminal litigation and analyzed the impact of pending federal legislation on the Commonwealth.

Member of team responsible for successfully obtaining dismissal of shipowner defendants in hundreds of asbestos litigation cases pending in multi-district litigation based on lack of personal jurisdiction or lack of causation.

[1] Formally, this motion involves a request by one defendant, Mima Markicevic, for an order discharging a certificate of pending litigation which I previously had ordered against her Vaughan Residence, on the provision of alternate security for the proprietary claim of the plaintiff, York University.

We are able to provide prompt, cost - efficient and effective legal advice and legal representation on all aspects of the litigation process, including seeking urgent and without notice relief to preserve the status quo and to preserve rights and remedies pending a final resolution.

Insurance companies can sometimes render payments or portions of payments while litigation is pending, and courts have held this fact can not be used as a concession of liability on the part of the insurer.

We provide prompt, cost - efficient and effective legal advice and legal representation on all aspects of the litigation process, including seeking urgent and without notice relief to preserve the status quo and to preserve rights and remedies pending a final resolution.

Represented a number of regional law firms in malpractice actions and counseled law firms on ethical obligations in pending litigation matters.

In a finding under PIPEDA published on the OPC website, the Assistant Privacy Commissioner of Canada found that an airline's obligation to provide an individual with access to his information continues to exist even if there is litigation pending between the applicant and the organization.

Essentially, the party who wishes to have the benefit of a certificate of pending litigation («CPL») must show that he or she has a «reasonable claim to an interest in the land,» a fact that must be established on a balance of probabilities.

This test case in particular considered the impact of a prenuptial agreement on the payment of Maintenance Pending Suit and the implications of a «Crossley» application: B.L v K.WS (prenuptial agreements, MPS and litigation funding) FCMC 17190 / 2014; [2015] HKCU 1831 HKFLR [2015].

The Judicial Panel on Multidistrict Litigation consolidated most of the pending federal lawsuits in the U.S. District Court for the Southern District of New York.

On May 18, 2012, the Respondents filed a notice of civil claim and filed a certificate of pending litigation («CPL») against the Appellant's Robert's Creek property.

While we're seeing class action litigation related to consumer protection legislation, there are others, such as a pending class action in Vancouver against hotel chains relating to the disclosure of fees on hotel invoices and whether there's been applicable consumer disclosure and consent to those fees.

1979)-RRB- explaining why Judge Wyzanski was declining his proposed nomination to the First Circuit (by chance, when I was in the practice of law I had the privilege of arguing a case that successfully challenged, in First Amendment terms, the Northern District of Illinois» rule that impermissibly limited lawyers» ability to comment on pending litigation — and Judge Wyzanski was a member of the panel, sitting by invitation in the Seventh Circuit).

Collaborative Family Law Helps Take Litigation out of Divorce 02 - May - 2014 Pending legislation could mandate use of process, easing crowded court calendars and reducing stress and strain on families

Mississippi and West Virginia are the only states to have this type of measure in effect; laws in a handful of other states are currently blocked pending litigation (see Bans on Specific Abortion Methods Used After the First Trimester).

A Certificate of Pending Litigation («CPL») will be registered on the title, which can be used to obtain the court action number.

But the settlement closes all the pending litigation on mutually agreeable terms without admission of guilt or liability by either party.