Sentences with phrase «part upon the results»

Not exact matches

We are also directly or indirectly dependent upon companies with unionized work forces, such as parts suppliers and trucking and freight companies, and work stoppages or strikes organized by such unions could have a material adverse impact on our business, financial condition or 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 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 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.

Certainly, since these faculties of the soul are dependent upon the health of the physical brain, and the brain is dying as a result of being part of the physical body, our imagination, memory, reason, and emotions are not used to their full capabilities.

Although held in theory over a long period, the belief was accentuated during the latter part of the nineteenth century and since, and became finally a basic dogma underlying the Japanese Imperial thrust, which is often regarded as the beginning of World War II.9 The idea was taught in the schools, in the army, and resulted finally in a fanatical religious, as well as patriotic, devotion to the emperor, without which, it seems to the writer, it is impossible to explain the daring attack of the island empire of Japan upon the richest and most powerful nation in the world, the United States.

(Acts 3:17) But this ignorance was in part at least the result of a mysterious blindness that had come upon them as a judgment for their sins, their initial unresponsiveness mounting eventually to active hatred and a «blind» fury of malice by which they attributed everything he said or did to the inspiration of Beelzebul, the chief of devils.

As a result, we are totally dependent upon God to initiate salvation for us, which He did in eternity past by choosing to save some, without any condition or merit on the part of those whom He chose (Unconditional Election).

Husbands and wives can be partners in a marriage based upon a sincere and radical giving of self on the part of both spouses, a giving that results in mutual submission.

In this case, furthermore, the intended violence of Christians against other Christians and against non-Christians is something whose «results» include the calling down of God's wrath upon the Church, part of which may well include the secularized crucible of what was once a «Christian culture.»

Of course it would be silly to suggest that winning any game, cup or otherwise, isn't good for the club, but let's remember just how problematic FA Cup success has been for this club... I'm certainly not going to suggest I didn't enjoy seeing Arsenal win, I'm a fan of this club first and foremost, but how bad are things when you find yourself secretly wishing that your own team lost so that just maybe real change would finally come... I resent this team for even making me feel such thoughts and it's going to take a lot of effort on their part to earn my trust again... this club has treated the fans so poorly that it has created an incredibly fragile and toxic environment, so much so that a «what have you done for me lately» mentality has emerged... fans rise and fall depending on the results of each game because we don't have faith in those in charge to make the necessary changes to personnel and tactics... each time we win many fans attack any dissenting voices and make unrealistic claims about the players, the manager and the potential for unprecedented success... every time we lose the boo - birds run rampant, calling for heads to roll and predicting the worst... regardless of what side you fall on, it's not your fault, both sides are simply overcompensating for the horrible state of affairs that have been percolating for several years... it's hard to take the long view when those in charge have lied incessantly and refuse to take any responsibilities for their own actions... in the end, we are trapped by the same catch - 22 that ManU faced upon Fergie's exit... less fearful of maintaining the status quo than facing the unknown, which was validated, wrongly or rightly, by witnessing the difficulties they have faced during this transitory period... to be honest, the thing that scares me most is that this team has never prepared whatsoever for this eventuality, which considering our frugal nature and the way we have shunned many of our most revered former players is more than a little disconcerting

If Wenger had any balls left he would have employed a 4 -4-2 or even a 4 -1-3-2, with Auba and Laca up top, immediately upon PEA's arrival, but we know this would have been difficult for a manager whom has sh*t the bed for the better part of a decade regarding our defensive options, and it likewise wouldn't have provided him with the usual excuses if it failed to produce the desired results right out of the gate.

It's been a difficult last few months for Liverpool and everyone involved at the club, after a terrible run of results, but their victory in the Merseyside Derby, one which heated and did have it's controversial moments, may just have lifted the mood in the camp and perhaps by the time May does come around next year the Liverpool players can look upon this part of the season as the pinnacle point in the season, the point where their season changed for the good... at long last!

The religionists behind this bill insist that it does nothing to infringe upon an individual's religious freedom and that nothing within it would result in anyone being compelled to take part in organised religion.

This research has proven for the first time that the deepest part of the lunar mantle is soft, based upon the agreement between observation results and the theoretical calculations.

One of the analysis results concerning the internal structure of the Moon based upon the seismic data indicates that the satellite is considered to consist mainly of two parts: the «core,» the inner portion made up of metal, and the «mantle,» the outer portion made up of rock.

In part this variety results from the brevity of the ancient texts upon which our modern practices are based.

This tool applies only to Title I, Part A participation and serves as a Record of the Agreed Upon Services, resulting from the consultation between the school district and private school.

Administrators are called upon to play a greater part in the formative process of teacher development and as a result must redefine their contributions when it comes to summative evaluative judgements.

While legislators are going into special session, cities and towns across Connecticut are cutting local public school programs as a result of the inadequate education funding that is part of the state budget that was agreed upon in a deal between Governor Dannel Malloy and Democratic legislators earlier this month.

First, write the student academic behavioral learning objective based on the thinking parts above (especially the first and fourth steps; that is, what the students will be able to DO upon completing the lesson, and what student academic knowledge will be evaluated as a result).

Insisting upon keeping annual testing of every student in every grade keeps an unnecessarily disruptive system in place as part of an accountability system that, in fifteen years, has not yielded sufficient results to justify the sacrifices in teacher autonomy over instruction and the sacrifices in non-tested subjects being shunted aside in favor of test preparation.

As a result, the earnings on these contributions are part of a traditional TSP plan and taxed as income upon withdrawal.

As part of his 2015 fiscal year financial results briefing, Nintendo president Satoru Iwata touched upon the company's linked membership service plans and upcoming mobile initiatives.

As part of his 2015 fiscal year financial results briefing, Nintendo president Satoru Iwata touched upon the company's linked membership service...

The Luigi's Mansion graphical team took it upon themselves to animate every part of Luigi to convey emotion, [18] resulting in such exaggerations to the plumber's body as head - expanding screams during boss cutscenes and complete flattenings by fake doors.

Whether or not news of this will reach the ears of OUYA's development team and result in emulator blocks remains to be seen, but taking no action could definitely hurt the console's credibility and performance in the marketplace — if not result in outright legal action on the part of major first and third party developers who would suddenly have a large, consistent target upon which to vent their emulation frustrations.

Cites conditions under which the Administrator may waive requirements for the renewable fuel program, based in part upon an assessment by the Secretary of Energy whether the renewable fuel requirement will likely result in significant adverse impacts on consumers on a national, regional, or state basis in 2006.

The requirement for insured lawyers to report potential claims to the insurer as soon as practicable upon becoming aware of circumstances which might result in a claim is not only part of every CLIA liability insurance policy, but also set out in the Law Society of Manitoba Rules and the Code of Professional Conduct.

These differential results may be explained in part by drawing upon the notion of dissociated domains of psychological and sociocultural adaptation and acculturation, outlined in the immigration literature.

The result was me self - reflecting upon my part and current relationship skills.

In making an equitable apportionment of marital property, the family court must give weight in such proportion as it finds appropriate to all of the following factors: (1) the duration of the marriage along with the ages of the parties at the time of the marriage and at the time of the divorce; (2) marital misconduct or fault of either or both parties, if the misconduct affects or has affected the economic circumstances of the parties or contributed to the breakup of the marriage; (3) the value of the marital property and the contribution of each spouse to the acquisition, preservation, depreciation, or appreciation in value of the marital property, including the contribution of the spouse as homemaker; (4) the income of each spouse, the earning potential of each spouse, and the opportunity for future acquisition of capital assets; (5) the health, both physical and emotional, of each spouse; (6) either spouse's need for additional training or education in order to achieve that spouse's income potential; (7) the non marital property of each spouse; (8) the existence or nonexistence of vested retirement benefits for each or either spouse; (9) whether separate maintenance or alimony has been awarded; (10) the desirability of awarding the family home as part of equitable distribution or the right to live therein for reasonable periods to the spouse having custody of any children; (11) the tax consequences to each or either party as a result of equitable apportionment; (12) the existence and extent of any prior support obligations; (13) liens and any other encumbrances upon the marital property and any other existing debts; (14) child custody arrangements and obligations at the time of the entry of the order; and (15) such other relevant factors as the trial court shall expressly enumerate in its order.

Salvador v. Uncle Sam Auctions & Realty, Inc. (30 A.D. 3d 861)- judgments awarding brokerage commission and counsel's fees affirmed; Supreme Court resolved key factual disputes in favor of broker based upon credible testimony; an award of counsel's fees was authorized by the contract; commission awarded in the amount of $ 87,500.00 and attorney's fees award in the amount of $ 44,500.00; Appellate Division declined to reduce the amount of counsel's fees awarded as excess legal work resulted in large part from unavailing and often unnecessary paths pursued and tactics employed by plaintiff; request for appellate counsel fees should be directed to court of original instance

As a result, I urge you to use your best efforts to ensure that you do your part to maintain the high ethical standards that this industry is built upon.