The hijab doesn't pose any danger to anyone, and it also doesn't impede
on exercises of the rights of anyone.
This mode of balancing is prescribed by Article 52 (1) CFR which stipulates that «any limitation
on the exercise of the rights and freedoms recognised by this Charter must -LRB-...) respect the essence of those rights and freedoms».
It orders that «any limitation
on the exercise of the rights and freedoms recognised by this Charter -LRB-...) be provided for by law.»
As explained by the ECJ in its previous case - law (Case C ‑ 419 / 14, WebMindLicenses), the requirement that any limitation
on the exercise of that right must be provided for by law implies that the legal basis which permits any interference with personal rights and liberties must be sufficiently clear and precise, affording legal protection against any arbitrary interferences by public authorities.
Let's try to compare the point 50 of the opinion: «While the movement of citizens of the Union between Member States is governed by EU law, and in particular by Article 21 TFEU and Directive 2004/38, the same does not apply to visits to Member States by Heads of State» which basically says that the movement of diplomats falls outside the scope of EU law, with the judgment of the Court in paragraph 51: «Accordingly, the fact that a Union citizen performs the duties of a Head of State is such as to justify a limitation, based on international law,
on the exercise of the right of free movement conferred on that person by Article 21 TFEU.».
51 Accordingly, the fact that a Union citizen performs the duties of a Head of State is such as to justify a limitation, based on international law,
on the exercise of the right of free movement conferred on that person by Article 21 TFEU.
«The rights of others which a restriction
on the exercise of the right to free expression may properly be designed to protect must, in my judgment, include a right to be protected against the potential mischief of partial political advertising» (at 28).
Emphasis is placed
on the exercise of rights, rather than the rights themselves and the system of laws which created them.
Not exact matches
When it became clear that continuing to use Yahoo as our default search provider would have a negative impact
on all
of the above, we
exercised our contractual
right to terminate the agreement and entered into an agreement with another provider.»
«We recently
exercised our contractual
right to terminate our agreement with Yahoo based
on a number
of factors including doing what's best for our brand, our effort to provide quality web search, and the broader content experience for our users.
For nonstatutory stock options and stock appreciation
rights, the participant will recognize ordinary income upon
exercise in an amount equal to the difference between the fair market value
of the shares and the
exercise price
on the date
of exercise.
A stock appreciation
right entitles a participant to receive a payment, in cash, common stock, or a combination
of both, in an amount equal to the difference between the fair market value
of the stock at the time
of exercise and the
exercise price
of the award, which may not be lower than the fair market value
of the Company's common stock
on the day
of grant.
Notwithstanding the foregoing, Stock Appreciation
Rights may be granted with a per Share
exercise price
of less than one hundred percent (100 %)
of the Fair Market Value per Share
on the date
of grant pursuant to a transaction described in, and in a manner consistent with, Section 424 (a)
of the Code.
Upon
exercise of a stock appreciation
right, the holder
of the award will be entitled to receive an amount determined by multiplying (i) the difference between the fair market value
of a Share
on the date
of exercise over the
exercise price by (ii) the number
of exercised Shares.
Also, if a majority
of the Board is comprised
of persons other than (i) persons for whose election proxies were solicited by the Board; or (ii) persons who were appointed by the Board to fill vacancies caused by death or resignation or to fill newly - created directorships («Board Change»), unless the Committee or Board determines otherwise prior to such Board Change, then participants immediately prior to the Board Change who cease to be employees or non-employee directors within six months after such Board Change for any reason other than death or permanent disability generally have their (i) options and stock appreciation
rights become immediately exercisable and to the extent not canceled or cashed out, generally have at least six months to
exercise such awards; (ii) restrictions with respect to restricted stock and RSRs lapse and generally shares are delivered; and (iii) performance shares and performance units pay out pro rata based
on performance through the end
of the last calendar quarter before the time the participant ceased to be an employee.
From January 1, 2008 through December 31, 2010, the Registrant granted to certain executive officers, directors and other investors options and
rights to purchase an aggregate
of 8,196,662 shares
of common stock under the 2003 Plan at
exercise prices ranging from $ 2.00 to $ 6.20 per share, which includes options to purchase shares
of common stock that were repriced
on a one - for - one basis to $ 2.32 per share in February 2009.
The
exercise price per share
of each stock appreciation
right may not be less than the fair market value
of a Share
on the date
of grant, except in certain situations in which we are assuming or replacing stock appreciation
rights granted by another company that we are acquiring.
Subject to the provisions
of our 2015 Plan, the administrator will determine the other terms
of stock appreciation
rights, including when such
rights become exercisable and whether to pay any amount
of appreciation in cash, shares
of our Class A common stock, or a combination thereof, except that the per share
exercise price for the shares to be issued pursuant to the
exercise of a stock appreciation
right must be no less than 100 %
of the fair market value per share
on the date
of grant.
Recipients are required to comply with any legal or contractual restrictions
on their purchase, holding, and sale,
exercise of rights or performance
of obligations under any securities / instruments transaction.
The committee may deem that a holder
of options or stock appreciation
rights has
exercised such options or
rights on the expiration date using a net share settlement method
of exercise if,
on that expiration date, the options or
rights are vested and the
exercise price is less than the then fair market value
of the Shares.
Each stock option gives the recipient the
right to receive a number
of Shares upon
exercise of the stock option and payment
of the stock option
exercise price, which other than for incentive stock options, shall be the fair market value
of a Share
on the option grant date.
as to Shares deliverable
on the
exercise of Options or Stock Appreciation
Rights, or in settlement of Performance Units or Restricted Stock Units, until the delivery (as evidenced by the appropriate entry on the books of Walmart of a duly authorized transfer agent of Walmart) of such Shares, give the Recipient the right to vote, or receive dividends on, or exercise any other rights as a stockholder with respect to such Shares, notwithstanding the exercise (in the case of Options or Stock Appreciation Rights) of the related Plan
Rights, or in settlement
of Performance Units or Restricted Stock Units, until the delivery (as evidenced by the appropriate entry
on the books
of Walmart
of a duly authorized transfer agent
of Walmart)
of such Shares, give the Recipient the
right to vote, or receive dividends
on, or
exercise any other
rights as a stockholder with respect to such Shares, notwithstanding the exercise (in the case of Options or Stock Appreciation Rights) of the related Plan
rights as a stockholder with respect to such Shares, notwithstanding the
exercise (in the case
of Options or Stock Appreciation
Rights) of the related Plan
Rights)
of the related Plan Award;
For
exercises of employee options, this
right generally lapses as to 1 / 4th
of the shares subject to the option
on the first anniversary
of the vesting start date and as to 1 / 48th
of the shares monthly thereafter.
With respect to Awards granted to an Outside Director that are assumed or substituted for, if
on the date
of or following such assumption or substitution the Participant's status as a Director or a director
of the successor corporation, as applicable, is terminated other than upon a voluntary resignation by the Participant (unless such resignation is at the request
of the acquirer), then the Participant will fully vest in and have the
right to
exercise Options and / or Stock Appreciation
Rights as to all
of the Shares underlying such Award, including those Shares which would not otherwise be vested or exercisable, all restrictions
on Restricted Stock and Restricted Stock Units will lapse, and, with respect to Awards with performance - based vesting, all performance goals or other vesting criteria will be deemed achieved at one hundred percent (100 %)
of target levels and all other terms and conditions met.
Subject to the provisions
of our 2016 Plan, the administrator determines the other terms and conditions
of stock appreciation
rights, including when such
rights become exercisable and whether to pay any increased appreciation in cash or with shares
of our common stock, or a combination thereof, except that the per share
exercise price for the shares to be issued pursuant to the
exercise of a stock appreciation
right will be no less than 100 %
of the fair market value per share
on the date
of grant.
In addition to the particular impacts
of the proposed development, the FMFN expressed overall concern with the cumulative impact
of industrial development
on their ability to
exercise their treaty and Aboriginal
rights, including the
rights to hunt, fish, and gather culturally - important resources.
Stock appreciation
rights provide for a payment, or payments, in cash or shares
of our Class A common stock, to the holder based upon the difference between the fair market value
of our Class A common stock
on the date
of exercise and the stated
exercise price at grant up to a maximum amount
of cash or number
of shares.
All stock options and stock appreciation
rights will have an
exercise price equal to at least the fair market value
of our common stock
on the date the stock option or stock appreciation
right is granted, except in certain situations in which we are assuming or replacing options granted by another company that we are acquiring.
Subject to the provisions
of our 2010 Plan, the administrator determines the terms
of stock appreciation
rights, including when such
rights vest and become exercisable and whether to settle such awards in cash or with shares
of our common stock, or a combination thereof, except that the per share
exercise price for the shares to be issued pursuant to the
exercise of a stock appreciation
right will be no less than 100 %
of the fair market value per share
on the date
of grant.
Subject to the provisions
of our 2013 Plan, the administrator determines the other terms
of stock appreciation
rights, including when such
rights become exercisable and whether to pay any increased appreciation in cash or with shares
of our common stock, or a combination thereof, except that the per share
exercise price for the shares to be issued pursuant to the
exercise of a stock appreciation
right will be no less than 100 %
of the fair market value per share
on the date
of grant.
Upon
exercise of a stock appreciation
right, the participant will receive payment from the Company in an amount determined by multiplying (a) the difference between (i) the fair market value
of a share
on the date
of exercise and (ii) the
exercise price times (b) the number
of shares with respect to which the stock appreciation
right is
exercised.
The
exercise price must be at least equal to the fair market value
of our common stock
on the date the stock appreciation
right is granted.
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Probably the two biggest points
of pushback were that Google could build an encrypted system if they wanted to (as I explained
on Monday, they already tried, and they can't really
exercise Android leverage
right now), and that carriers could build a federated key exchange system and / or something akin to the certificate authority framework that undergirds HTTPS.
Royal Bank
of Canada (RY
on TSX and NYSE) today announced that it does not intend to
exercise its
right to redeem all or...
Stock appreciation
rights provide for a payment, or payments, in cash or shares
of our common stock, to the holder based upon the difference between the fair market value
of our common stock
on the date
of exercise and the stated
exercise price
of the stock appreciation
right.
2014.01.20 Royal Bank
of Canada announces conversion privileges
of Non-Cumulative 5 - Year Rate Reset First Preferred Shares Series AJ and AL Royal Bank
of Canada (RY
on TSX and NYSE) today announced that it does not intend to
exercise its
right to redeem all or...
The
exercise price
of a stock appreciation
right will be established by the plan administrator and may not be less than 100 %
of the fair market value
of a share
on the date
of grant.
If the Company does not
exercise its
right of first refusal, holders
of Preferred will have a
right of first refusal (
on a pro rata basis among holders
of Preferred) with respect to the proposed transfer.
To the extent the
rights of first refusal are not
exercised, the holders
of Preferred will have the
right to participate in the proposed transfer
on a pro rata basis (as among the transferee and the holders
of Preferred).
A stock appreciation
right entitles the recipient to receive an amount equal to the excess
of the fair market value
of a share
on the date
of exercise over the
exercise price thereof.
(gg) «Stock Appreciation
Right» or «SAR» means a right granted under Section 8 which entitles the recipient to receive an amount equal to the excess of the Fair Market Value of a Share on the date of exercise of the Stock Appreciation Right over the exercise price thereof on such terms and conditions as are specified in the agreement or other documents evidencing the Award (the «SAR Agreement&raq
Right» or «SAR» means a
right granted under Section 8 which entitles the recipient to receive an amount equal to the excess of the Fair Market Value of a Share on the date of exercise of the Stock Appreciation Right over the exercise price thereof on such terms and conditions as are specified in the agreement or other documents evidencing the Award (the «SAR Agreement&raq
right granted under Section 8 which entitles the recipient to receive an amount equal to the excess
of the Fair Market Value
of a Share
on the date
of exercise of the Stock Appreciation
Right over the exercise price thereof on such terms and conditions as are specified in the agreement or other documents evidencing the Award (the «SAR Agreement&raq
Right over the
exercise price thereof
on such terms and conditions as are specified in the agreement or other documents evidencing the Award (the «SAR Agreement»).
This would certainly seem to be effective to confer an immunity
on the listed parties for losses that are incurred in the province; but what if a party outside the province suffers losses (see Reference re Upper Churchill Water
Rights Reversion Act, [1984] 1 SCR 297, 1984 CanLII 17 (SCC)-RRB-, or what if the
exercise of authority under the Act rests upon a reckless understanding as to the constitutional underpinnings
of a particular provision?
We can therefore say that the
right of religious hospitals to object to performing abortions, which is rooted in their
right to free
exercise of their religion, is at best
on hold in Alaska.
On the contrary, the Constitution extends the highest protection to what the framers believed to be the inalienable
right to
exercise religion according to the dictates
of individual conscience.
Unless David
exercises his
right as originator / facilitator
of this blog and blocks my posts, I have as much
right to express my beliefs and speculations
on this blog as anyone else.
In Smith, the Court interpreted its First Amendment decisions as holding «that the
right of free
exercise does not relieve an individual
of the obligation to comply with a «valid and neutral law
of general applicability
on the ground that the law proscribes (or prescribes) conduct that his religion prescribes (or proscribes)»» (id.
To
exercise this option is to defend and promote the fundamental
right to life
of all creatures
on earth.
It is easy to see why that seems like the
right tool: Free
exercise jurisprudence has frequently involved the crafting
of prudential exemptions and accommodations — precisely the carving out
of spaces — that could allow religious believers to act
on their convictions even in the face
of contrary public sentiments or (up to a point) public laws.
This tramples
on the free
exercise of religion
rights of the minority.