Sentences with phrase «respect of the costs order»

Not exact matches

Important factors that could cause actual results to differ materially from those reflected in such forward - looking statements and that should be considered in evaluating our outlook include, but are not limited to, the following: 1) our ability to continue to grow our business and execute our growth strategy, including the timing, execution, and profitability of new and maturing programs; 2) our ability to perform our obligations under our new and maturing commercial, business aircraft, and military development programs, and the related recurring production; 3) our ability to accurately estimate and manage performance, cost, and revenue under our contracts, including our ability to achieve certain cost reductions with respect to the B787 program; 4) margin pressures and the potential for additional forward losses on new and maturing programs; 5) our ability to accommodate, and the cost of accommodating, announced increases in the build rates of certain aircraft; 6) the effect on aircraft demand and build rates of changing customer preferences for business aircraft, including the effect of global economic conditions on the business aircraft market and expanding conflicts or political unrest in the Middle East or Asia; 7) customer cancellations or deferrals as a result of global economic uncertainty or otherwise; 8) the effect of economic conditions in the industries and markets in which we operate in the U.S. and globally and any changes therein, including fluctuations in foreign currency exchange rates; 9) the success and timely execution of key milestones such as the receipt of necessary regulatory approvals, including our ability to obtain in a timely fashion any required regulatory or other third party approvals for the consummation of our announced acquisition of Asco, and customer adherence to their announced schedules; 10) our ability to successfully negotiate, or re-negotiate, future pricing under our supply agreements with Boeing and our other customers; 11) our ability to enter into profitable supply arrangements with additional customers; 12) the ability of all parties to satisfy their performance requirements under existing supply contracts with our two major customers, Boeing and Airbus, and other customers, and the risk of nonpayment by such customers; 13) any adverse impact on Boeing's and Airbus» production of aircraft resulting from cancellations, deferrals, or reduced orders by their customers or from labor disputes, domestic or international hostilities, or acts of terrorism; 14) any adverse impact on the demand for air travel or our operations from the outbreak of diseases or epidemic or pandemic outbreaks; 15) our ability to avoid or recover from cyber-based or other security attacks, information technology failures, or other disruptions; 16) returns on pension plan assets and the impact of future discount rate changes on pension obligations; 17) our ability to borrow additional funds or refinance debt, including our ability to obtain the debt to finance the purchase price for our announced acquisition of Asco on favorable terms or at all; 18) competition from commercial aerospace original equipment manufacturers and other aerostructures suppliers; 19) the effect of governmental laws, such as U.S. export control laws and U.S. and foreign anti-bribery laws such as the Foreign Corrupt Practices Act and the United Kingdom Bribery Act, and environmental laws and agency regulations, both in the U.S. and abroad; 20) the effect of changes in tax law, such as the effect of The Tax Cuts and Jobs Act (the «TCJA») that was enacted on December 22, 2017, and changes to the interpretations of or guidance related thereto, and the Company's ability to accurately calculate and estimate the effect of such changes; 21) any reduction in our credit ratings; 22) our dependence on our suppliers, as well as the cost and availability of raw materials and purchased components; 23) our ability to recruit and retain a critical mass of highly - skilled employees and our relationships with the unions representing many of our employees; 24) spending by the U.S. and other governments on defense; 25) the possibility that our cash flows and our credit facility may not be adequate for our additional capital needs or for payment of interest on, and principal of, our indebtedness; 26) our exposure under our revolving credit facility to higher interest payments should interest rates increase substantially; 27) the effectiveness of any interest rate hedging programs; 28) the effectiveness of our internal control over financial reporting; 29) the outcome or impact of ongoing or future litigation, claims, and regulatory actions; 30) exposure to potential product liability and warranty claims; 31) our ability to effectively assess, manage and integrate acquisitions that we pursue, including our ability to successfully integrate the Asco business and generate synergies and other cost savings; 32) our ability to consummate our announced acquisition of Asco in a timely matter while avoiding any unexpected costs, charges, expenses, adverse changes to business relationships and other business disruptions for ourselves and Asco as a result of the acquisition; 33) our ability to continue selling certain receivables through our supplier financing program; 34) the risks of doing business internationally, including fluctuations in foreign current exchange rates, impositions of tariffs or embargoes, compliance with foreign laws, and domestic and foreign government policies; and 35) our ability to complete the proposed accelerated stock repurchase plan, among other things.

Actual results, including with respect to our targets and prospects, could differ materially due to a number of factors, including the risk that we may not obtain sufficient orders to achieve our targeted revenues; price competition in key markets; the risk that we or our channel partners are not able to develop and expand customer bases and accurately anticipate demand from end customers, which can result in increased inventory and reduced orders as we experience wide fluctuations in supply and demand; the risk that our commercial Lighting Products results will continue to suffer if new issues arise regarding issues related to product quality for this business; the risk that we may experience production difficulties that preclude us from shipping sufficient quantities to meet customer orders or that result in higher production costs and lower margins; our ability to lower costs; the risk that our results will suffer if we are unable to balance fluctuations in customer demand and capacity, including bringing on additional capacity on a timely basis to meet customer demand; the risk that longer manufacturing lead times may cause customers to fulfill their orders with a competitor's products instead; the risk that the economic and political uncertainty caused by the proposed tariffs by the United States on Chinese goods, and any corresponding Chinese tariffs in response, may negatively impact demand for our products; product mix; risks associated with the ramp - up of production of our new products, and our entry into new business channels different from those in which we have historically operated; the risk that customers do not maintain their favorable perception of our brand and products, resulting in lower demand for our products; the risk that our products fail to perform or fail to meet customer requirements or expectations, resulting in significant additional costs, including costs associated with warranty returns or the potential recall of our products; ongoing uncertainty in global economic conditions, infrastructure development or customer demand that could negatively affect product demand, collectability of receivables and other related matters as consumers and businesses may defer purchases or payments, or default on payments; risks resulting from the concentration of our business among few customers, including the risk that customers may reduce or cancel orders or fail to honor purchase commitments; the risk that we are not able to enter into acceptable contractual arrangements with the significant customers of the acquired Infineon RF Power business or otherwise not fully realize anticipated benefits of the transaction; the risk that retail customers may alter promotional pricing, increase promotion of a competitor's products over our products or reduce their inventory levels, all of which could negatively affect product demand; the risk that our investments may experience periods of significant stock price volatility causing us to recognize fair value losses on our investment; the risk posed by managing an increasingly complex supply chain that has the ability to supply a sufficient quantity of raw materials, subsystems and finished products with the required specifications and quality; the risk we may be required to record a significant charge to earnings if our goodwill or amortizable assets become impaired; risks relating to confidential information theft or misuse, including through cyber-attacks or cyber intrusion; our ability to complete development and commercialization of products under development, such as our pipeline of Wolfspeed products, improved LED chips, LED components, and LED lighting products risks related to our multi-year warranty periods for LED lighting products; risks associated with acquisitions, divestitures, joint ventures or investments generally; the rapid development of new technology and competing products that may impair demand or render our products obsolete; the potential lack of customer acceptance for our products; risks associated with ongoing litigation; and other factors discussed in our filings with the Securities and Exchange Commission (SEC), including our report on Form 10 - K for the fiscal year ended June 25, 2017, and subsequent reports filed with the SEC.

By far the best article I have ever read on this site, there was no bias or empty statements, just cold hard facts, the writer even respected wengers budget but still pointed to where he should've improved, there are no excuses, what you read is literrally all u get with arsene, if you gave him a budget of 9m or 1 billion, he will ALWAYS take the risk cause he doesn't give a fk about the consequences as if he was a teenager raging through puberty, his stubborn is absolutely pathetic, can you believe he turned down signing a keeper when almunia was shocking, can you believe he didn't sign a CB when squillaci was awful, can you believe that he REFUSED to sign a CDM for almost 8 years, CAN you believe on one of the most important transfer windows of arsenals history, arsene decided to go host charity matches in rome, that's right instead of trying hard for the fans that have respected him and pay him one of the highest managerial wages in the world, he decided to do what he pleased as usual, cause he doesn't answer to anyone, nor does he giving a flying fk, gazidis a man i thought was also a crook went and did arsene's job for him and at least got us a striker (which cost us the title in january last season) and arsene foolishly proclaims that «if i was here we wouldn't of signed danny» meaning we wouldn't of had ANY recognised cf till giroud recovered, arsene wenger is a joke of the highest order, lack of respect, lack of shame and lack order, i despise him

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.

If a Fund is unable to effect a closing sale transaction with respect to options on securities that it has purchased, it would have to exercise the option in order to realize any profit and would incur transaction costs upon the purchase and sale of the underlying securities.

Mr. Justice Willcock noted that, although this was a borderline case and a remedial costs order was appropriate to emphasise «the Court's concern with respect to the conduct of the Plaintiff» outright dismissal of the claim was too harsh a result in the circumstances.

Post-budgets, the court may — there is a discretion — make a costs management order (CMO) and, once made, the court will continue to poke in its nose on the budgets in respect of recoverable costs.

A tenant may apply for an order reducing or extinguishing their liability to pay a particular administration charge in respect of litigation costs (ie costs incurred, or to be incurred in connection with proceedings before the court in question or, if the application is made after the proceedings are concluded, before the county court; the first tier or upper tribunal; or within arbitration proceedings or, after conclusion, the county court).

* Study and explore the possibility of the development of a judicial protocol with the aim to: * Allow for communication among judges in overlapping class actions proceedings * Coordinate and harmonize activities in proposed overlapping class proceedings in order to maximize efficiency, reduce costs and avoid the duplication of effort; * Honour the independence and integrity of the superior courts while promoting inter-provincial cooperation and respect for comity; * Implement a framework of general principles to address basic administrative issues arising out of national and multijurisdictional class actions; and * Provide for nationally - accepted carriage motions.

(Those provisions post-date this specific case, but Mrs Iqbal herself could have sought a Currey order in respect of legal costs (after Currey v Currey [2006] EWCA Civ 1338), [2006] All ER (D) 218 (Oct)-RRB-.

«The lack of respect combined with his demonstration of the fact that Mr. Tupper is not prepared to abide by any court order including the costs orders that are now outstanding establishes special circumstances warranting an order for security for costs.»

The order may specify a limit on the amount that a claimant can be ordered to pay in respect of the other side's cost if the claimant loses (e.g..

This decision made in respect of a failure of lawyers to file a costs» budget — the opportunity to claim costs was effectively lost at the outset of the litigation by the failure to submit the costs» budget — is the touchstone for legal advisers and their clients in understanding the attitude of the courts to failure by a party to adhere strictly and accurately to the requirements of case management set out in the rules, practice directions, and the tailored orders of the court in the individual case.

The appellant husband argued that (1) the trial judge erred in how he ordered the equalization payment to be paid; and (2) this error led the trial judge to make a further error with respect to his costs award, as it resulted in the trial judge failing to properly assess the reasonableness of the appellant husband's offers to settle.

With respect to (3), the ONCA set aside the costs order from the trial and made an order for costs in favor of the appellant mother of $ 10,000 for the motion to change and $ 7500 for the appeal.

As part of the consideration to induce MC to undertake its obligations and perform its services with respect to your order, you and your applicable representatives each agree jointly and severally to indemnify and save harmless MC, and its affiliates, employees, owners and representatives, against all liability, loss, damage, and expense of any nature, including attorneys» fees and court costs, arising out of any actual or potential claims for libel, invasion of privacy, copyright or trademark infringement and / or any other actual or potential claims or suits that may arise out of MC's obligations and / or services with respect to your order.

As a result, the judge «ordered a CCO limited to # 80,000 in respect of each defendant's costs (i.e., # 160,000 in total) and a reciprocal cap of # 115,000 in respect of the claimant's costs.

(c) make an interim order or Award on any matter with respect to which it may make a final Award, including an order for costs, or any order for the protection or preservation of property that is the subject matter of the dispute;

Regulatory bodies should be aware, however, that where legal costs are recoverable on an indemnity basis, unless they have fixed some sort of per diem rate with respect to legal fees, a respondent may be entitled to review the legal bills in order to ensure reasonableness.

This order was granted, and the judge made additional orders with respect to child and spousal support and the costs of returning the child to Montana.

Willers sought damages in respect of injury caused to his reputation and health, a loss of earnings and (most significantly) the costs that were irrecoverable under the order for standard costs (about # 2.2 m).

Both solutions will occur because the power of the news media and of the internet, interacting, will quickly make widely known these types of information, the cumulative effect of which will force governments and the courts to act: (1) the situations of the thousands of people whose lives have been ruined because they could not obtain the help of a lawyer; (2) the statistics as to the increasing percentages of litigants who are unrepresented and clogging the courts, causing judges to provide more public warnings; (3) the large fees that some lawyers charge; (4) increasing numbers of people being denied Legal Aid and court - appointed lawyers; (5) the many years that law societies have been unsuccessful in coping with this problem which continues to grow worse; (6) people prosecuted for «the unauthorized practice of law» because they tried to help others desperately in need of a lawyer whom they couldn't afford to hire; (7) that there is no truly effective advertising creating competition among law firms that could cause them to lower their fees; (8) that law societies are too comfortably protected by their monopoly over the provision of legal services, which is why they might block the expansion of the paralegal profession, and haven't effectively innovated with electronic technology and new infrastructure so as to be able to solve this problem; (9) that when members of the public access the law society website they don't see any reference to the problem that can assure them that something effective is being done and, (10) in order for the rule of law, the Canadian Charter of Rights and Freedoms, and the whole of Canada's constitution be able to operate effectively and command sufficient respect, the majority of the population must be able to obtain a lawyer at reasonable cost.

Case law has also demonstrated an array of severe or apparently inconsistent decisions or where the judge has unhelpfully declined to make any order in respect of costs (please see the sub-section «Costs Management Case Summary» becosts (please see the sub-section «Costs Management Case Summary» beCosts Management Case Summary» below).

With respect to the Principatos, Gordon ordered David to pay costs of $ 4,000 in relation to the April 26 motion.

The Court of Appeal refused to order security for costs in respect of the trial cost award because delayed bringing the motion, which prejudiced Trillium.

Application of PIAC and CAC — Review and Variance of Telecom Order CRTC 2015 - 194 - Determination of costs award with respect to the participation of the Consumers» Association of Canada and the Public Interest Advocacy Centre in the proceeding leading to Telecom Decision 2015 - 70 regarding the expiry of certain time - limited exogenous factors

«While Mr. West was successful twice on appeal, no costs were ordered in his favour in those appeals or in respect of the two hearings from which he successfully appealed,» he wrote.

A figure in respect of estimated costs can also be frozen, ensuring any costs orders made against the defendants in the proceedings can be recovered.

The requirement to provide full and frank disclosure is one of the more significant cost drivers in freezing order applications, requiring careful attention and the incorporation of a much broader range of material than would otherwise be required in respect of an inter partes application (see Swift - Fortune and Franses v Al Assad [2007] EWHC 2442 (Ch), [2007] All ER (D) 415 (Oct) for illustrations of the lack of full and frank disclosure).

Mr Vince was also ordered to pay # 1,000 in respect of Mrs Wyatt's costs of issuing the summons.

He did not make a costs order in respect of the hearing on 20 May 2016 as much of this had been spent considering the issue of privacy, upon which both parties had retreated considerably from their original positions and neither had persuaded the court on their merits.

Cobb J decided that it was plainly right to award a costs order but only in respect of the work carried out between 15 April 2016 when Mrs Wyatt's solicitors were required to issue the summons and 13 May 2016 when Mr Vince's solicitors confirmed that he would take a pragmatic view and sign the consent order.

Accounts Payable and Financial Administration Professional — Duties & Responsibilities Develop and maintain a strong and extensive working knowledge of various related accounting principles, regulations, and applications, continuously utilizing changes to business accounting landscape within current responsibilities Apply various accounting rules and GAAP procedures to critical functions, including the review and approval of journal entries, data and financial reconciliations, cash flow and discrepancy analyses, transaction management, and other tasks Provide relevant oversight and administration to all aspects of accounts payable execution, including billing and collections, vendor file maintenance, reporting, order processing, data and financial accuracy audits, and invoice management Perform regular account and payables reconciliations and variance resolutions to ensure accurate financials and provide continuous relevant insight into the financial health of the company Manage important and sensitive financial documents, receipts, correspondence, and invoices on a daily basis, providing organization for audit assistance and execution as well as compliance with various accounting standards Perform analysis, research, and evaluation of current administrative and accounting policies and procedures, implementing change where necessary to drive corporate efficiency, manage costs, and drive revenue Facilitate the efficiency and implementation of all accounting operations from concept to execution, while coordinating actions on all daily operational and logistical aspects from corporate financial management Utilize technological resources, including software and accounting applications, to track all aspects of accounts payable and other financial operations as well as prepare important and sensitive cost, billing, and revenue documents Collaborate with respect to effective communication between all departments, including general accounting and administrative personnel, and coordinate all daily business operations with leadership staff Address client, vendor, and management queries, resolving them in an expedited manner Assist management with various other duties as assigned to facilitate efficient administration and operations

Professional Duties & Responsibilities Successfully managed multiple businesses ensuring professional and profitable operations Utilized management abilities to cut operating costs while increasing revenue Hired, trained, directed, and reviewed sales, administrative, and customer service personnel Designed and implemented employee review and recognition programs Oversaw company human resources, accounting, and supply departments Responsible for benefit administration, payroll, budgets, volume, ordering, and merchandising Negotiated and finalized vendor contracts guaranteeing quality product at low prices Generated record breaking sales through successful marketing, networking, and other tactics Consistently recognized for excellence in team leadership, sales, and marketing Built long - term relationships with business partners, clients, and community leaders Provided exceptional customer service resulting in repeat business and referrals Fostered an atmosphere of respect and dedication to company goals Performed all duties in a positive, courteous, and timely manner

However, the Commission notes that the 1998 amendments (which provided that the Evidence Act applies to native title proceedings unless the court ordered otherwise) were given immediate effect, even in respect of native title claims that were part - heard, without regard to what impact this amendment would have on the claimants, the interests of justice, the costs to parties who had already collected evidence, or the tactics and the running of the proceeding.

(3) To avoid doubt, in proceedings in which an independent children's lawyer for a child has been appointed, the court may make an order under subsection (2) as to costs or security for costs, whether by way of interlocutory order or otherwise, to the effect that each party to the proceedings bears, in such proportion as the court considers just, the costs of the independent children's lawyer in respect of the proceedings.

(1) A court having jurisdiction under this Part must not, at any time, make, revive or vary a child maintenance order in relation to a child on the application of a person (the applicant) against, or in favour of, a person (the respondent) if an application could properly be made, at that time, by the applicant under the Child Support (Assessment) Act 1989 for the respondent to be assessed in respect of the costs of the child, or vice versa.