Sentences with phrase «satisfying applicable conditions»

Clear messages from the Court are that the safe harbor does not require proactive investigation but also that it is critical that the web site operator properly enable the DMCA safe harbor by satisfying applicable conditions, have meaningful procedures in place to quickly and carefully operate in response to applicable infringement notices and otherwise not operate the web site solely to provide the site and facilities for copyright infringement.

Second, in the event that there is a decision that no delay will be issued, the DOL will not initiate any enforcement action due to non-compliance as of the April 10 applicability date, «provided that the adviser or financial institution satisfies the applicable conditions of the rule... within a reasonable period after the publication of a decision.»

Not exact matches

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.

The introductory clause is amended to reflect the June 9, 2017 applicability date of that section, as follows: «On or after June 9, 2017, if the insurance agent or broker, pension consultant, insurance company or investment company Principal Underwriter is a fiduciary within the meaning of ERISA section 3 (21)(A)(ii) or Code section 4975 (e)(3)(B) with respect to the assets involved in the transaction, the following conditions must be satisfied, with respect to the transaction to the extent they are applicable to the fiduciary's actions -LSB-.]»

On June 28, 2016, the Target Canada Entities and the Plan Sponsor confirmed in writing to the Monitor that all of the conditions precedent set out in section 8.3 of the Plan have been satisfied or waived, as applicable, in accordance with the terms of the Plan and the Plan Implementation Date has occurred and the Plan is effective with its terms and the terms of the Sanction and Vesting Order.

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.

-» (A) IN GENERAL. - To be eligible for assistance under this chapter, a project shall satisfy applicable creditworthiness standards, which, at a minimum, shall include -» (i) a rate covenant, if applicable;» (ii) adequate coverage requirements to ensure repayment;» (iii) an investment grade rating from at least 2 rating agencies on debt senior to the Federal credit instrument; and» (iv) a rating from at least 2 rating agencies on the Federal credit instrument, subject to the condition that, with respect to clause (iii), if the total amount of the senior debt and the Federal credit instrument is less than $ 75,000,000, 1 rating agency opinion for each of the senior debt and Federal credit instrument shall be sufficient.»

To qualify, the trustee must satisfy the conditions in paragraphs 38 or 41G of this Ruling, as applicable.

If any member of your party is prevented from travelling, that person (s) may be able to transfer their place to someone else (introduced by you, satisfying all the conditions applicable to the arrangements and subject to approval by any of our supplier (s)-RRB- providing we are notified not less than 60 days before departure or 90 days or more prior to departures for cruise and private train holidays and you pay a minimum amendment fee of # 40 per person transferring, and you meet all costs and charges incurred by us and / or incurred or imposed by any of our suppliers and the transferee agrees to these booking conditions and all other terms of the contract between us.

Where applicable conditions are satisfied, the Canada Revenue Agency's voluntary disclosure program offers taxpayers an opportunity to resolve prior non-compliance without penalties or criminal proceedings being pursued.

(A) The conditions in § 164.512 (f)(1)(ii)(C) may be satisfied by the administrative subpoena or similar process or by a separate written statement that, on its face, demonstrates that the applicable requirements have been met.

If the subscriber is not satisfied with the terms and conditions mentioned in the policy, then he / she may return the policy and the policy shall stand cancelled and the first premium paid will be returned by the company after making the applicable deductions.

If the subscriber is not in sync with the terms and conditions mentioned in the policy document and overall is not satisfied with the policy, then he / she may return the policy within this cooling period upon which the company will refund the first premium paid by the subscriber after making the applicable deductions.

The following factors, among others, could cause actual results to differ materially from those described in these forward - looking statements: the risk that Move's business will not be successfully integrated with News Corp's business; matters arising in connection with the parties» efforts to comply with and satisfy applicable regulatory approvals and closing conditions relating to the transaction; and other events that could adversely impact the completion of the transaction, including industry or economic conditions outside of our control.