The court has given guidance on the exercise of its discretion to release a party who has obtained a freezing order from his undertaking not to use information obtained thereby in contempt
proceedings against the other party.
Not exact matches
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.
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.
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.
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) 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.
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.
Therefore, the homologation process in Ecuador implies that the
party that seeks the enforcement of a foreign award shall file a petition with the Provincial Court8, which will assess whether the award complies with the following requirements: (i) The international award complies with the formalities required for it to be considered authentic in the state where it was issued; (ii) The award is final and binding in the jurisdiction where it was delivered and the attachments are duly legalized; (iii) With regard to the requirement prescribed in the Convention, if the award is in a language
other than the official language of the country, in this case Spanish, it shall incorporate a translation; (iv) It is shown from the legal papers of the arbitration
proceedings that the
party against whom the awards is being enforced was duly notified of the claim and that there was no due process violation; (v) The petition must specify the domicile of the
party against whom the award is being enforced.
The legislation promotes the full disclosure necessary to the proper investigation and resolution of complaints, by protecting the
parties involved in the complaints process (including the executive director of the LSBC)
against the prospect that what is communicated during the process will be used
against them in
other proceedings without their consent.»
For example, a judgment in rem
against an asset outside of England and Wales can not be enforced for the reason that the assets fall outside of the jurisdiction of the English court; however, a
party may seek recognition of that judgment for several reasons, such as defending claims within England or relying on the findings of the foreign judgment in
other proceedings (res judicata).
8.12.3 Provided the Registrar and the
other parties have been notified in writing, an application by an appellant for public funding or legal aid suspends the commencement of
proceedings and the time limits in rules 11 and 19 are extended until 28 days after the determination of the application for public funding or legal aid (including any appeals
against a refusal of funding).
The limitation of liability under the Act to «public authorities» does, however, mean that private
parties are generally not able to take
proceedings against each
other on Convention grounds alone.
As we face increasing competition and gain an increasingly high profile, including in connection with our initial public offering, third
parties may make intellectual property claims, file lawsuits or initiate
other proceedings against us.
Even if a case is settled, technically, since the divorce
proceedings are set up in New Jersey as one
party versus (
against) the
other (as compared to California where dissolution
proceedings are captioned In re the Marriage of Husband and Wife), a divorce proceeding is an adverse proceeding.