Unfortunately, court decisions have largely eviscerated
the ordinary business operations exclusion.
The Staff has consistently agreed that proposals relating to a company's sale and marketing of its products or services, or seeking to dictate management's day - to - day decisions regarding the selection of products or services offered, implicate a company's
ordinary business operations and may be excluded pursuant to Rule 14a - 8 (i)(7).
The substantive ground for exclusion most directly relevant for present purposes is Rule 14a - 8 (i)(7), which permits exclusion of proposals relating to
ordinary business operations.
American's letter states that it is relying on the exemption under Rule 14a - 8 (i)(7) that allows exclusion of proposals that deal «with a matter relating to the company's
ordinary business operations.»
The British lender said it would pay through cash generated by
its ordinary business operations.
Not exact matches
Our
business, financial condition, results of
operations, or prospects could be materially and adversely affected if any of these risks occurs, and as a result, the market price of our ADSs or
ordinary shares could decline and you could lose all or part of your investment.
In addition, our investigation of strategic options may result in added costs, potential loss of customers and key employees as well as management's distraction from
ordinary - course
business operations.
Such exceptions are not expected to interfere with the
operations of Paperchase or the Company in the
ordinary course of
business.
But the company said on its website that travelers shouldn't be concerned: «Our airline
operations will continue in the
ordinary course throughout this court - supervised process,» Republic said, promising that from the passenger's standpoint, it will be
business as usual.
«Peabody believes that it has sufficient liquidity to operate its
business worldwide post-petition and to continue the flow of goods and services to its customers in the
ordinary course,» it said in a statement, adding that no Australian entities are included in the filings, and as such its Australian
operations would continue as usual.
It is common for a financially distressed company to file for bankruptcy while its financially sound affiliates continue
business operations in the
ordinary course.
Such
operations are performed on a daily basis as
ordinary tasks in financial service
businesses around the world.