Sentences with phrase «other parties to the proceedings»

She was sensitive to my personal circumstances and she dealt with the other party to the proceedings with firmness and strength.

As noted above, it may be difficult to obtain a stay of them (without the consent of other parties to the proceedings), and settlements can give rise to their own particular complications.

However, the trial judge also has an obligation to ensure that there is fairness to the other party to the proceedings.

Item 36 be amended so that the other parties to the proceedings be served with and provided with an opportunity to comment on any report to which the Court will have regard.

It is important, however, that the applicant, representative body, and other parties to the proceedings, be served with and be given an opportunity to comment on any report to which the Court will have regard.

82 (2) conferring a discretion upon the Court to take account of the cultural and customary concerns of indigenous peoples, except where any other party to the proceedings would be «unduly» prejudiced.

(2) In conducting its proceedings, the Court may take account of the cultural and customary concerns of Aboriginal peoples and Torres Strait Islanders, but not so as to prejudice unduly any other party to the proceedings.

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.

These risks and uncertainties include competition and other economic conditions including fragmentation of the media landscape and competition from other media alternatives; changes in advertising demand, circulation levels and audience shares; the Company's ability to develop and grow its online businesses; the Company's reliance on revenue from printing and distributing third - party publications; changes in newsprint prices; macroeconomic trends and conditions; the Company's ability to adapt to technological changes; the Company's ability to realize benefits or synergies from acquisitions or divestitures or to operate its businesses effectively following acquisitions or divestitures; the Company's success in implementing expense mitigation efforts; the Company's reliance on third - party vendors for various services; adverse results from litigation, governmental investigations or tax - related proceedings or audits; the Company's ability to attract and retain employees; the Company's ability to satisfy pension and other postretirement employee benefit obligations; changes in accounting standards; the effect of labor strikes, lockouts and labor negotiations; regulatory and judicial rulings; the Company's indebtedness and ability to comply with debt covenants applicable to its debt facilities; the Company's ability to satisfy future capital and liquidity requirements; the Company's ability to access the credit and capital markets at the times and in the amounts needed and on acceptable terms; and other events beyond the Company's control that may result in unexpected adverse operating results.

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.

To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwisTo the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwisto an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwisto this Agreement, whether through class arbitration proceedings or otherwise.

- Post, link to or otherwise publish any Messages containing material that is obscene, racist, homophobic or sexist or that contains any form of hate speech; - Post, link to or otherwise publish any Messages that infringe copyright; - Post, link to or otherwise publish any Messages that are illegal, libellous, defamatory or may prejudice ongoing legal proceedings or breach a court injunction or other order; - Post, link to or otherwise publish any Messages that are abusive, threatening or make any form of personal attack on another user or an employee of Packaging Europe magazine; - Post Messages in any language other than English; - Post the same Message, or a very similar Message, repeatedly; - Post or otherwise publish any Messages unrelated to the Forum or the Forum's topic; - Post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or «spam»; - Post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security; - Disguise the origin of any Messages; - Impersonate any person or entity (including Packaging Europe magazine employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity; - Post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment, or any other harmful component; - Collect or store other users» personal data; and / or - Restrict or inhibit any other user from using the Forums.

You agree to indemnify, defend and hold the USTA Family of Companies, the USTA» Family of Companies» subsidiaries and other affiliated companies / organizations and sponsors and their respective officers, directors, employees and agents harmless from and against any third - party claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments and expenses (including, but not limited to, the costs of collection, reasonable attorney's fees and other reasonable costs of defense or enforcing your obligations hereunder) resulting from or arising out of any breach of any of your representations or misuse of this or any other USTA Family of Companies site or of any site linking to this or any other USTA Family of Companies site.

To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwisTo the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwisto an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwisto these Terms of Use, whether through class arbitration proceedings or otherwise.

This was immediately followed by one Mr. Baah Acheamfour who proceeded to make a complaint to the police of the conduct of Afoko and his alleged spokesperson which he described as gross and flagrant violation of Article 3d (VIII) of the NPP's constitution under duties of a member which state that a member shall not initiate commence or prosecute any legal proceedings whatsoever against the party or any member of the party relating to party affairs without first exhausting the grievance procedure laid down in the constitution in respect of grievances against the party or any other members,» the letter said.

The Assembly should ensure close scrutiny of the executive, and allow other parties to articulate reasoned opposition via its proceedings.

At the request of either party or of the Hearing Committee, a representative of a responsible educational or other association shall be permitted to attend the proceedings as an observer.

17.12 Neither you or FilmOn shall bring any proceedings against the other in respect of these terms and conditions unless the party intending to bring proceedings first makes a bona fide offer to participate immediately in a mediation conducted by a mutually agreed third party or a certified mediator and the other party has declined such offer.

(a) The district courts of the United States shall have jurisdiction of proceedings instituted pursuant to this title and shall exercise the same without regard to whether the aggrieved party shall have exhausted any administrative or other remedies that may be provided by law.

(a) Whenever the Attorney General receives a complaint in writing signed by an individual to the effect that he is being deprived of or threatened with the loss of his right to the equal protection of the laws, on account of his race, color, religion, or national origin, by being denied equal utilization of any public facility which is owned, operated, or managed by or on behalf of any State or subdivision thereof, other than a public school or public college as defined in section 401 of title IV hereof, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly progress of desegregation in public facilities, the Attorney General is authorized to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section.

Risks and uncertainties include without limitation the effect of competitive and economic factors, and the Company's reaction to those factors, on consumer and business buying decisions with respect to the Company's products; continued competitive pressures in the marketplace; the ability of the Company to deliver to the marketplace and stimulate customer demand for new programs, products, and technological innovations on a timely basis; the effect that product introductions and transitions, changes in product pricing or mix, and / or increases in component costs could have on the Company's gross margin; the inventory risk associated with the Company's need to order or commit to order product components in advance of customer orders; the continued availability on acceptable terms, or at all, of certain components and services essential to the Company's business currently obtained by the Company from sole or limited sources; the effect that the Company's dependency on manufacturing and logistics services provided by third parties may have on the quality, quantity or cost of products manufactured or services rendered; risks associated with the Company's international operations; the Company's reliance on third - party intellectual property and digital content; the potential impact of a finding that the Company has infringed on the intellectual property rights of others; the Company's dependency on the performance of distributors, carriers and other resellers of the Company's products; the effect that product and service quality problems could have on the Company's sales and operating profits; the continued service and availability of key executives and employees; war, terrorism, public health issues, natural disasters, and other circumstances that could disrupt supply, delivery, or demand of products; and unfavorable results of other legal proceedings.

C. No information or documents obtained by the means provided in this Section shall be divulged by the United States to any person other than an authorized representative of the executive branch of the United States, except in the course of legal proceedings to which the United States is a party (including grand jury proceedings), or for the purpose of securing compliance with this Final Judgment, or as otherwise required by law.

These risks include, among others, general economic conditions, local real estate conditions, tenant financial health, the availability of capital to finance planned growth, continued volatility and uncertainty in the credit markets and broader financial markets, property acquisitions and the timing of these acquisitions, charges for property impairments, and the outcome of legal proceedings to which the company is a party, as described in the company's filings with the Securities and Exchange Commission.

To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to this Terms, whether through class arbitration proceedings or otherwisTo the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to this Terms, whether through class arbitration proceedings or otherwisto an arbitration involving any other party subject to this Terms, whether through class arbitration proceedings or otherwisto this Terms, whether through class arbitration proceedings or otherwise.

By my signature, I also agree to indemnify and hold PETS Magazine harmless from and against all claims, actions, proceedings, damages, losses, liabilities, and costs that may arise from or related to any infringement on any intellectual property rights or other rights of a third party.

Not only does it make giving advice difficult, but it inevitably leads to a system whereby clients who wish to maximise their possible benefit from the proceedings position themselves at one end of the spectrum of likely results, while the other party gravitates towards the other end of the spectrum.

Guideline 26 provides that the Tribunal may admonish a Party Representative, draw appropriate inferences in assessing the evidence relied upon, or the legal arguments advanced by the Party Representative, consider the Party Representative's Misconduct in apportioning the costs of the arbitration and take any other appropriate measure in order to preserve the fairness of the proceedings.

Under the current system, if one of the party's contests the other's application for financial remedy, all of the divorce proceedings are transferred to a local court.

Finally, Recipe for Reform: A Proposal for Improving Canadian Class Action Procedures recommends a dozen reforms to discourage meritless class actions, encourage the timely resolution of class proceedings, and ensure that related costs are fairly distributed among plaintiffs, defendants, and other interested parties.

If you choose not to follow the Protocol, you issue proceedings and either your debtor is familiar with the Protocol or instructs solicitors who are, then the following sanctions can be imposed by the court: - • An order staying the proceedings which also requires compliance with the Protocol; • An order that if you have not complied you pay the costs of the proceedings or part of the costs of the other side even if you obtain judgment in your favour; • An order that those costs are paid on a more stringent basis known as an indemnity basis; • An order depriving the party who is at fault of any entitlement to interest or alternatively awarding interest at a reduced rate; • Depending on who is at fault the court can also order payment of a higher interest rate of up to 10 % above base rate.

«A party to arbitral proceedings may (upon notice to the other parties and to the arbitral tribunal) appeal to the Court on a question of law arising out of an award made in the proceedings.»

If a party commences a legal proceeding in a different forum than the one set out in the contract, the other party may attempt to stay the proceedings and enforce the forum selection clause.

Family lawyers and the courts are interested in fairness; financial remedy proceedings are not a game to make one party richer than the other.

the application judge erred in ordering that other proceedings are required to determine the parties» financial issues rather than making a determination within the application.

Justice Pazaratz's earlier decision in 2011 in Izyuk v. Bilousov helps illustrate the problems that can emerge where one party in family proceedings meets this cut - off, but the other does not and is unable to obtain legal representation,

He went on to say that the continuing duty of full and frank disclosure of all material facts in ancillary relief proceedings included a duty to inform the other party of information that might result in a removal of uncertainty as to the value of assets or the level of future income or inform the assessment of a party's income, earning capacity or assets.

In PAP and non-PAP cases: notice of the existence of a funding arrangement should be communicated to all other parties as soon as possible; if proceedings are started for limitation reasons with bad pre-action manners, the parties should seek to agree to apply to the court for a stay while they take steps to comply; and where proceedings are started, the claimant should state in the claim form or particulars of claim whether they have complied with the PD and any relevant PAP.

Justice minister Lord Faulks said in a written statement last week that insolvency proceedings had initially been given a two - year reprieve until April 2015 from Laspo to give insolvency practitioners and other interested parties «time to prepare for an adapt to the changes... the government now agrees that more time is needed».

during the arbitration proceedings, deliberately initiate or attempt to initiate with any member of the tribunal or with any member of the LCIA Court any unilateral contact relating to the arbitration or the parties» dispute, which has not been disclosed in writing prior to or shortly after the time of such contact to all other parties, all members of the tribunal and the registrar in accordance with the LCIA Rules 2014, Art 13.4.

It is not designed to prevent other parties to the same proceedings from obtaining evidence relevant to those proceedings.

Our Creditor's Rights practice extends to the following areas of Chapter 11, 13, and 7 matters: debt workouts, cram - down litigation, litigation of a wide array of adversary proceedings including Automatic Stay violations, Petroleum Marketing Practices Act («PMPA») violations, collections, evictions, recovery of collateral, injunctions, Declaratory Judgments, and the representation of creditors and other interested parties such as stock holders, corporate officers, creditors» committees, landlords, and tenants in bankruptcy matters including creditor discharge litigation, objections to proposed plans of reorganization, and bankruptcy preference defense.

Such active and even aggressive participation can have no other effect than to discredit the impartiality of an administrative tribunal either in the case where the matter is referred back to it, or in future proceedings involving similar interests and issues or the same parties.

The expert also needs to know what type of case it is, ie civil, criminal, family or other, whether the matter is in its early pre-action stage or if court proceedings have begun, and whether you are instructing him as a party - appointed expert or a single joint expert (or, if the matter is pre-action, as a jointly selected expert under a pre-action protocol).

After the proceedings concluded, the retired judge rendered an arbitration award, which directed that the Association hire a contractor to make certain repairs and advance the funds for the work subject to reimbursement from numerous other affected lot owners who were not parties to any of the prior proceedings.

Process servers can be hired to give legal notice of court proceedings by serving documents to other parties in judicial review.

In divorce proceedings, it is generally the norm for one party to ask for spousal support and child support from the other, based on a legally acknowledged desire to redress certain financial inequalities that one party bears disproportionately due to the fact of the parties» marriage to each other, and to make adequate provision for the children of the marriage.

Because the judge must also be fair to the other party, to the witnesses who are being asked to give evidence and to the needs of other people's court proceedings, the judge may have to limit the time you have to present your evidence or to explain why you want the result you are hoping to get.

I and other adjudicators that I know will offer med - arb at the beginning of most hearings and tell the parties that it is the general practice to offer it in all proceedings (message: this is a routine suggestion and not because I have formed an opinion on this case).

-- The involvement of other parties to the suit is only relevant in cases where that is asserted as a possible connecting factor and in relation to avoiding a multiplicity of proceedings under forum non conveniens.

A danger with acting for yourself in proceedings is that it is difficult to summarise your claim so that it can easily be understood by the other party, particularly if the underlying facts span a number of years.