Asset growth outpaced that
of plan obligations, materially reducing the deficit for the first time in four years.
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.
It adds layers
of obligations, regulations, costs, and pressures to the already challenging daily grind
of running a business, not to mention hundreds
of hours
of planning, meetings with bankers and lawyers, and travel in preparation for the biggest event in the company's history.
After warning the City
of Stockton that its pension
obligations did not enjoy a privileged position in federal bankruptcy court, U.S. Bankruptcy Judge Christopher Klein proceeded to confirm the city's
plan of adjustment.
Torstar is investigating a merger
of its pension
plan assets with a multi-employer
plan called CAAT, which would take over the
obligation for paying past accrued benefits and future pension benefits
of Torstar employees.
Among the factors that could cause actual results to differ materially are the following: (1) worldwide economic, political, and capital markets conditions and other factors beyond the Company's control, including natural and other disasters or climate change affecting the operations
of the Company or its customers and suppliers; (2) the Company's credit ratings and its cost
of capital; (3) competitive conditions and customer preferences; (4) foreign currency exchange rates and fluctuations in those rates; (5) the timing and market acceptance
of new product offerings; (6) the availability and cost
of purchased components, compounds, raw materials and energy (including oil and natural gas and their derivatives) due to shortages, increased demand or supply interruptions (including those caused by natural and other disasters and other events); (7) the impact
of acquisitions, strategic alliances, divestitures, and other unusual events resulting from portfolio management actions and other evolving business strategies, and possible organizational restructuring; (8) generating fewer productivity improvements than estimated; (9) unanticipated problems or delays with the phased implementation
of a global enterprise resource
planning (ERP) system, or security breaches and other disruptions to the Company's information technology infrastructure; (10) financial market risks that may affect the Company's funding
obligations under defined benefit pension and postretirement
plans; and (11) legal proceedings, including significant developments that could occur in the legal and regulatory proceedings described in the Company's Annual Report on Form 10 - K for the year ended Dec. 31, 2017, and any subsequent quarterly reports on Form 10 - Q (the «Reports»).
Shares that are exchanged by a participant or withheld by Apple to pay the exercise price
of an option or stock appreciation right granted under the 2014
Plan, as well as any shares exchanged or withheld to satisfy the tax withholding
obligations related to any option or stock appreciation right, will not be available for subsequent awards under the 2014
Plan.
If we do not generate sufficient cash flow from operations to satisfy the debt service
obligations, we may have to undertake alternative financing
plans, such as refinancing or restructuring our indebtedness, selling
of assets, reducing or delaying capital investments or seeking to raise additional capital.
However, Shares used to pay the exercise price or purchase price
of an option or stock appreciation right or to satisfy tax withholding
obligations relating to such awards do not become available for future issuance under the 2013
Plan.
(a) Schedule 2.7 (a)
of the Disclosure Schedule contains a list setting forth each employee benefit
plan, program, policy or arrangement (including any «employee benefit plan» as defined in Section 3 (3) of the Employee Retirement Income Security Act of 1974, as amended («ERISA»)(«ERISA Plan»)-RRB-, including, without limitation, employee pension benefit plans, as defined in Section 3 (2) of ERISA, multi-employer plans, as defined in Section 3 (37) of ERISA, employee welfare benefit plans, as defined in Section 3 (1) of ERISA, deferred compensation plans, stock option plans, bonus plans, stock purchase plans, fringe benefit plans, life, hospitalization, disability and other insurance plans, severance or termination pay plans and policies, sick pay plans and vacation plans or arrangements, whether or not an ERISA Plan (including any funding mechanism therefore now in effect or required in the future as a result of the transactions contemplated by this Agreement or otherwise), whether formal or informal, oral or written, under which (i) any current or former employee, director or individual consultant of the Company (collectively, the «Company Employees») has any present or future right to benefits and which are contributed to, sponsored by or maintained by the Company or (ii) the Company or any ERISA Affiliate (as hereinafter defined) has had, has or may have any actual or contingent present or future liability or obligat
plan, program, policy or arrangement (including any «employee benefit
plan» as defined in Section 3 (3) of the Employee Retirement Income Security Act of 1974, as amended («ERISA»)(«ERISA Plan»)-RRB-, including, without limitation, employee pension benefit plans, as defined in Section 3 (2) of ERISA, multi-employer plans, as defined in Section 3 (37) of ERISA, employee welfare benefit plans, as defined in Section 3 (1) of ERISA, deferred compensation plans, stock option plans, bonus plans, stock purchase plans, fringe benefit plans, life, hospitalization, disability and other insurance plans, severance or termination pay plans and policies, sick pay plans and vacation plans or arrangements, whether or not an ERISA Plan (including any funding mechanism therefore now in effect or required in the future as a result of the transactions contemplated by this Agreement or otherwise), whether formal or informal, oral or written, under which (i) any current or former employee, director or individual consultant of the Company (collectively, the «Company Employees») has any present or future right to benefits and which are contributed to, sponsored by or maintained by the Company or (ii) the Company or any ERISA Affiliate (as hereinafter defined) has had, has or may have any actual or contingent present or future liability or obligat
plan» as defined in Section 3 (3)
of the Employee Retirement Income Security Act
of 1974, as amended («ERISA»)(«ERISA
Plan»)-RRB-, including, without limitation, employee pension benefit plans, as defined in Section 3 (2) of ERISA, multi-employer plans, as defined in Section 3 (37) of ERISA, employee welfare benefit plans, as defined in Section 3 (1) of ERISA, deferred compensation plans, stock option plans, bonus plans, stock purchase plans, fringe benefit plans, life, hospitalization, disability and other insurance plans, severance or termination pay plans and policies, sick pay plans and vacation plans or arrangements, whether or not an ERISA Plan (including any funding mechanism therefore now in effect or required in the future as a result of the transactions contemplated by this Agreement or otherwise), whether formal or informal, oral or written, under which (i) any current or former employee, director or individual consultant of the Company (collectively, the «Company Employees») has any present or future right to benefits and which are contributed to, sponsored by or maintained by the Company or (ii) the Company or any ERISA Affiliate (as hereinafter defined) has had, has or may have any actual or contingent present or future liability or obligat
Plan»)-RRB-, including, without limitation, employee pension benefit
plans, as defined in Section 3 (2)
of ERISA, multi-employer
plans, as defined in Section 3 (37)
of ERISA, employee welfare benefit
plans, as defined in Section 3 (1)
of ERISA, deferred compensation
plans, stock option
plans, bonus
plans, stock purchase
plans, fringe benefit
plans, life, hospitalization, disability and other insurance
plans, severance or termination pay
plans and policies, sick pay
plans and vacation
plans or arrangements, whether or not an ERISA
Plan (including any funding mechanism therefore now in effect or required in the future as a result of the transactions contemplated by this Agreement or otherwise), whether formal or informal, oral or written, under which (i) any current or former employee, director or individual consultant of the Company (collectively, the «Company Employees») has any present or future right to benefits and which are contributed to, sponsored by or maintained by the Company or (ii) the Company or any ERISA Affiliate (as hereinafter defined) has had, has or may have any actual or contingent present or future liability or obligat
Plan (including any funding mechanism therefore now in effect or required in the future as a result
of the transactions contemplated by this Agreement or otherwise), whether formal or informal, oral or written, under which (i) any current or former employee, director or individual consultant
of the Company (collectively, the «Company Employees») has any present or future right to benefits and which are contributed to, sponsored by or maintained by the Company or (ii) the Company or any ERISA Affiliate (as hereinafter defined) has had, has or may have any actual or contingent present or future liability or
obligation.
«Total CEO realized compensation» for a given year is defined as (i) Mr. Musk's salary, cash bonuses, non-equity incentive
plan compensation and all other compensation as reported in «Executive Compensation — Summary Compensation Table» below, plus (ii) with respect to any stock option exercised by Mr. Musk in such year in connection with which shares
of stock were also sold other than to satisfy the resulting tax liability, if any, the difference between the market price
of Tesla common stock at the time
of exercise on the exercise date and the exercise price
of the option, plus (iii) with respect to any restricted stock unit vested by Mr. Musk in such year in connection with which shares
of stock were also sold other than automatic sales to satisfy the Company's withholding
obligations related to the vesting
of such restricted stock unit, if any, the market price
of Tesla common stock at the time
of vesting, plus (iv) any cash actually received by Mr. Musk in respect
of any shares sold to cover tax liabilities as described in (ii) and (iii) above, following the payment
of such amounts.
Additionally, borrowers who
plan to utilize a federal student loan forgiveness program are susceptible to legislative changes that could severely impact their chances
of being released from
obligations.
Shares used to pay the purchase price or satisfy tax withholding
obligations of awards other than stock options or stock appreciation rights become available for future issuance under the 2013
Plan.
Our board
of directors or our compensation committee, in their sole discretion, may alter, suspend, or terminate the Bonus
Plan, provided such action does not, without the consent
of the participant, alter or impair the rights or
obligations under any award already earned by such participant.
Judge Steven Rhodes confirmed the city's
plan to shed about $ 7 billion
of its $ 18 billion
of debt and
obligations and plow $ 1.7 billion into improvements, finding it both fair to creditors and feasible to implement.
«As with our pension
obligations, as with our lack
of investment in our urban centers, as with our lack
of planning... we all take the blame for 30 years
of inactivity.»
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;
Shares used to pay the exercise price
of an Award or to satisfy the tax withholding
obligations related to an Award will become available for future grant or sale under the
Plan.
President Obama gave a full - throated endorsement
of the Department
of Labor's controversial proposal to impose fiduciary
obligations on brokers and advisors working with retirement
plans, insisting that new rules are a needed consumer protection to prevent billions in costs due to bad advice.
This news release contains forward - looking statements within the meaning
of the U.S. Private Securities Litigation Reform Act
of 1995 and Canadian securities laws, including statements regarding: BlackBerry's expectations regarding new product initiatives and timing, including the BlackBerry 10 platform; BlackBerry's
plans and expectations regarding new service offerings, and assumptions regarding its service revenue model; BlackBerry's
plans, strategies and objectives, and the anticipated opportunities and challenges in fiscal 2014; anticipated demand for, and BlackBerry's
plans and expectations relating to, programs to drive sell - through
of the company's BlackBerry 10 smartphones; BlackBerry's expectations regarding financial results for the second quarter
of fiscal 2014; BlackBerry's expectations with respect to the sufficiency
of its financial resources; BlackBerry's ongoing efforts to streamline its operations and its expectations relating to the benefits
of its Cost Optimization and Resource Efficiency («CORE») program and similar strategies; BlackBerry's
plans and expectations regarding marketing and promotional programs; and BlackBerry's estimates
of purchase
obligations and other contractual commitments.
Shares used to pay the exercise price
of an award or satisfy the tax withholding
obligations related to an award will become available for future grant or sale under the 2014
Plan.
Accordingly, the net benefit
plan obligations and the related benefit
plan expense
of those
plans have been recorded in the Company's Condensed Combined Financial Statements.
This news release contains forward - looking statements within the meaning
of the U.S. Private Securities Litigation Reform Act
of 1995 and Canadian securities laws, including statements regarding: BlackBerry's expectations regarding new product initiatives and timing, including the BlackBerry 10 platform; BlackBerry's
plans and expectations regarding new service offerings, and assumptions regarding its service revenue model; BlackBerry's
plans, strategies and objectives, and the anticipated opportunities and challenges in fiscal 2014; anticipated demand for, and BlackBerry's
plans and expectations relating to, programs to drive sell - through
of the Company's BlackBerry 7 and 10 smartphones and BlackBerry PlayBook tablets; BlackBerry's expectations regarding financial results for the second quarter
of fiscal 2014; BlackBerry's expectations with respect to the sufficiency
of its financial resources; BlackBerry's ongoing efforts to streamline its operations and its expectations relating to the benefits
of its Cost Optimization and Resource Efficiency («CORE») program and similar strategies; BlackBerry's
plans and expectations regarding marketing and promotional programs; and BlackBerry's estimates
of purchase
obligations and other contractual commitments.
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.
Subject to the lock - up agreements described above, other contractual lock - up
obligations set forth in the grant agreements under each such
plan and any applicable vesting restrictions, shares registered under these registration statements will be available for resale in the public market immediately upon the effectiveness
of these registration statements, except with respect to Rule 144 volume limitations that apply to our affiliates.
According to Section 404 (a)(1)
of ERISA, inherent in this responsibility is the
obligation to «[diversify] the investments
of the
plan so as to minimize the risk
of large losses, unless under the circumstances it is clearly prudent not to do so.»
In support
of its restructuring and in order to satisfy its
obligations under the
plan of reorganization confirmed by the bankruptcy court, the Company closed the following financing transactions:
Corporate defined benefit
plan sponsors have pulled many levers in recent years in an effort to reduce the financial risk
of pension
obligations.
Bill C - 22, An Act to amend the Income Tax Act, the Income Tax Application Rules, certain Acts related to the Income Tax Act, the Canada Pension
Plan, the Customs Act, the Excise Tax Act, the Modernization
of Benefits and
Obligations Act and another Act related to the Excise Tax Act
The city
of 300,000
plans to cut payments to bondholders while leaving intact pension
obligations to public workers and retirees.
For 2011 and 2012, that meant losses, largely because interest rates were falling — that increased the current value
of pension
obligations, which affected the
plans» expenses.
Keep in mind that Department
of Labor regularly requires
plan sponsors to benchmark their
plan so this will fulfill your fiduciary
obligation.
Since there is salvation outside the visible church — since, that is to say, Christ is somehow working outside organized Christianity — and if non-Christians have a right to know God's «whole
plan of salvation» for Christians, then it follows that Christians have an
obligation to know God's
plan of salvation for those outside the visible church, for those who are not preordained to become professing Christians.
I'd been feeling overwhelmed with the endless activities that were being
planned, the feeling
of obligation to attend events that I had no energy for, homesickness, friendships that were being strained and the difficulties
of being an expatriate in a land that is no longer foreign but still isn't mine.
André Villaça Ramalho from the Brazilian Business Council for Sustainable Development said Brazil
plans to meet its
obligations of COP21 by strengthening its low carbon emission agriculture program.
The Basin
Plan places a number
of obligations on the Commonwealth Environmental Water Holder with respect to monitoring, evaluation and reporting, including to:
As part
of this requirement, the Basin
Plan places a number
of obligations on the Commonwealth Environmental Water Holder (CEWH), including principles
of monitoring and evaluation and reporting requirements.
Section 8 (1)
of the FOI Act imposes an
obligation on Commonwealth Environmental Water to publish an agency
plan which describes how Commonwealth Environmental Water proposes to comply with the Information Publication Scheme requirements.
«The Commonwealth would still have
obligations to fulfil parts
of the
plan, even though not all
of the states are involved.
As written by the Express, the west London side insist that Costa is still their player and must return to the English capital in order to full - fill his contractual
obligations, which the player claims went out the window after boss Conte told him that he was not part
of the Italians
plans for this season, with the two's battle set to be continued in High Court if peace can not be agreed between the two.
You gain all the intimacy then have an
obligation for constant communication, exclusionary time requirements, expectations on
plans and finances, integration
of family issues, and so on.
A
plan for shared parenting shall include factors relating to physical living arrangements, child support
obligations and the home where the child will reside for school vacations, holidays and days
of importance (i.e. birthdays).
Baby Milk Action / IBFAN - UK will be writing to the new administration on behalf
of the International Baby Food Action Network (IBFAN) to ask this administration to accept IBFAN's four - point
plan to bring baby food marketing requirements into line with international standards, which would lead to the end
of the long - running Nestlé boycott if the company met its
obligations.
If your baby takes the occasional bottle
of formula, you don't have to
plan your activities and
obligations around your feeding or pumping schedule.
Deb & Corey Omey were open with their families about the agency, their profile, and the adoption process, but were clear that only a few people would be notified when they entered adoption
planning, so that they could put all
of their focus on building the relationship with birthparents at that time, without the
obligation to keep everyone updated.
The Crete Park District
plans to issue $ 300,000 in general
obligation bonds to fund recreational projects, including a second phase
of a rails - to - trails bike path.
The Chartered Institute
of Taxation (CIOT) has given its backing to
plans for a European Taxpayer Code to set out common tax principles and taxpayer rights and
obligations, which EU member states would be encouraged to adopt.
The talk
of rethinking a key revenue stream for the MTA, which stands to make about $ 300 million annually from another fare increase, comes as the agency scrambles to pay for several new financial
obligations — chief among them the recently proposed NYC Subway Action
Plan.
Without a national
planning policy that specifically considers accessible and adaptable housing for disabled people, local authorities have no
obligation to make sure they're delivering the right kind
of housing and find it challenging to require developers to build to a higher standard.
Among his many failures Blair did not establish clear ministerial oversight
of post-conflict strategy, or ensure ministers took decisions to address it, or seek adequate reassurances that the UK could meet its
obligations, or test British strategic objectives against anything but best case scenarios, or press Bush for definite assurances on US policy or seek advice on the absence
of a satisfactory
plan for UK objectives.