Sentences with phrase «under a performance guarantee»

Re: DP Shipbuilding and Engineering (2015): instructed to advise and provide expert evidence in relation to right to restrain a beneficiary under a performance guarantee given in connection with a shipbuilding contract from seeking payment by the bank where to do so would be in breach of the underlying contract between buyer and seller.

The firm successfully opposed an application for interim injunction seeking to bar the payment by a Canadian bank of sums under a performance guarantee for an engineering contract carried out in Poland.

Not exact matches

We caution you that these statements are not guarantees of future performance and are subject to numerous risks and uncertainties, including volatility in the economy and the credit markets, supply and demand changes for vacation ownership and residential products, competitive conditions; the availability of capital to finance growth, and other matters referred to under the heading «Risk Factors» contained in our Annual Report on 10 - K for the year ended December 30, 2011 filed with the U.S. Securities and Exchange Commission (the «SEC») and in subsequent SEC filings, any of which could cause actual results to differ materially from those expressed in or implied in this presentation.

Of course, many people now feel that big banks don't have to worry about bad performance being magnified because under the implicit «too - big - to - fail» guarantee of the government, they won't have to take the losses when asset values decline.

We caution you that these statements are not guarantees of future performance and are subject to numerous risks and uncertainties, including volatility in the economy and the credit markets, supply and demand changes for vacation ownership and residential products, competitive conditions; the availability of capital to finance growth, and other matters referred to under the heading «Risk Factors» contained in the Information Statement filed as an exhibit to our Annual Report on Form 10 - K for the year ended December 30, 2011 filed with the U.S. Securities and Exchange Commission (the «SEC») and in subsequent SEC filings, any of which could cause actual results to differ materially from those expressed in or implied in this presentation.

The company cautions you that these statements are not guarantees of future performance and are subject to numerous risks and uncertainties, including volatility in the economy and the credit markets, supply and demand changes for vacation ownership and residential products, competitive conditions; the availability of capital to finance growth, and other matters referred to under the heading «Risk Factors» contained in the company's most recent Annual Report on Form 10 - K filed with the U.S Securities and Exchange Commission (the «SEC») and in subsequent SEC filings, any of which could cause actual results to differ materially from those expressed in or implied in this press release.

Time for some brutal honesty... this team, as it stands, is in no better position to compete next season than they were 12 months ago, minus the fact that some fans have been easily snowed by the acquisition of Lacazette, the free transfer LB and the release of Sanogo... if you look at the facts carefully you will see a team that still has far more questions than answers... to better show what I mean by this statement I will briefly discuss the current state of affairs on a position - by - position basis... in goal we have 4 potential candidates, but in reality we have only 1 option with any real future and somehow he's the only one we have actively tried to get rid of for years because he and his father were a little too involved on social media and he got caught smoking (funny how people still defend Wiltshire under the same and far worse circumstances)... you would think we would want to keep any goaltender that Juventus had interest in, as they seem to have a pretty good history when it comes to that position... as far as the defenders on our current roster there are only a few individuals whom have the skill and / or youth worthy of our time and / or investment, as such we should get rid of anyone who doesn't meet those simple requirements, which means we should get rid of DeBouchy, Gibbs, Gabriel, Mertz and loan out Chambers to see if last seasons foray with Middlesborough was an anomaly or a prediction of things to come... some fans have lamented wildly about the return of Mertz to the starting lineup due to his FA Cup performance but these sort of pie in the sky meanderings are indicative of what's wrong with this club and it's wishy - washy fan - base... in addition to these moves the club should aggressively pursue the acquisition of dominant and mobile CB to stabilize an all too fragile defensive group that has self - destructed on numerous occasions over the past 5 seasons... moving forward and building on our need to re-establish our once dominant presence throughout the middle of the park we need to target a CDM then do whatever it takes to get that player into the fold without any of the usual nickel and diming we have become famous for (this kind of ruthless haggling has cost us numerous special players and certainly can't help make the player in question feel good about the way their future potential employer feels about them)... in order for us to become dominant again we need to be strong up the middle again from Goalkeeper to CB to DM to ACM to striker, like we did in our most glorious years before and during Wenger's reign... with this in mind, if we want Ozil to be that dominant attacking midfielder we can't keep leaving him exposed to constant ridicule about his lack of defensive prowess and provide him with the proper players in the final third... he was never a good defensive player in Real or with the German National squad and they certainly didn't suffer as a result of his presence on the pitch... as for the rest of the midfield the blame falls squarely in the hands of Wenger and Gazidis, the fact that Ramsey, Ox, Sanchez and even Ozil were allowed to regularly start when none of the aforementioned had more than a year left under contract is criminal for a club of this size and financial might... the fact that we could find money for Walcott and Xhaka, who weren't even guaranteed starters, means that our whole business model needs a complete overhaul... for me it's time to get rid of some serious deadweight, even if it means selling them below what you believe their market value is just to simply right this ship and change the stagnant culture that currently exists... this means saying goodbye to Wiltshire, Elneny, Carzola, Walcott and Ramsey... everyone, minus Elneny, have spent just as much time on the training table as on the field of play, which would be manageable if they weren't so inconsistent from a performance standpoint (excluding Carzola, who is like the recent version of Rosicky — too bad, both will be deeply missed)... in their places we need to bring in some proven performers with no history of injuries... up front, although I do like the possibilities that a player like Lacazette presents, the fact that we had to wait so many years to acquire some true quality at the striker position falls once again squarely at the feet of Wenger... this issue highlights the ultimate scam being perpetrated by this club since the arrival of Kroenke: pretend your a small market club when it comes to making purchases but milk your fans like a big market club when it comes to ticket prices and merchandising... I believe the reason why Wenger hasn't pursued someone of Henry's quality, minus a fairly inexpensive RVP, was that he knew that they would demand players of a similar ilk to be brought on board and that wasn't possible when the business model was that of a «selling» club... does it really make sense that we could only make a cheeky bid for Suarez, or that we couldn't get Higuain over the line when he was being offered up for half the price he eventually went to Juve for, or that we've only paid any interest to strikers who were clearly not going to press their current teams to let them go to Arsenal like Benzema or Cavani... just part of the facade that finally came crashing down when Sanchez finally called their bluff... the fact remains that no one wants to win more than Sanchez, including Wenger, and although I don't agree with everything that he has done off the field, I would much rather have Alexis front and center than a manager who has clearly bought into the Kroenke model in large part due to the fact that his enormous ego suggests that only he could accomplish great things without breaking the bank... unfortunately that isn't possible anymore as the game has changed quite dramatically in the last 15 years, which has left a largely complacent and complicit Wenger on the outside looking in... so don't blame those players who demanded more and were left wanting... don't blame those fans who have tried desperately to raise awareness for several years when cracks began to appear... place the blame at the feet of those who were well aware all along of the potential pitfalls of just such a plan but continued to follow it even when it was no longer a financial necessity, like it ever really was...

But apart from this, I can guarantee you that you will not able to find anything better than this under 200 $ budget with a lot of good features and better performances.

Under the proposal, made by the Houston - based firm Performing Schools Corporation, the firm would provide the schools with curricular materials, teacher training, and a guarantee of improved student performance.

No, the diesel's accelerative performance isn't as impressive as the available 5.0 - liter supercharged V - 8, but I guarantee there will be no thoughts of a faulty fuel gauge with that monster sitting under the hood.

To ensure that you are receiving only the highest quality, each of our used luxury cars at Autos of Dallas has been thoroughly inspected to guarantee that the performance under the hood matches the luxury on the interior.

With 380 horsepower under the hood, this Corvette is guaranteed to deliver performance.

The powertrain technology under the skin of the BMW M6 Gran Coupe guarantees the performance characteristics for which M Automobiles are renowned.

Prohibited acts.A credit services organization, a salesperson, agent, or representative of a credit services organization, or an independent contractor who sells or attempts to sell the services of a credit services organization shall not: (1) Charge a buyer or receive from a buyer money or other valuable consideration before completing performance of all services, other than those described in subdivision (2) of this section, which the credit services organization has agreed to perform for the buyer unless the credit services organization has obtained a surety bond or established and maintained a surety account as provided in section 45 - 805; (2) Charge a buyer or receive from a buyer money or other valuable consideration for obtaining or attempting to obtain an extension of credit that the credit services organization has agreed to obtain for the buyer before the extension of credit is obtained; (3) Charge a buyer or receive from a buyer money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer if the credit that is or will be extended to the buyer is substantially the same as that available to the general public; (4) Make or use a false or misleading representation in the offer or sale of the services of a credit services organization, including (a) guaranteeing to erase bad credit or words to that effect unless the representation clearly discloses that this can be done only if the credit history is inaccurate or obsolete and (b) guaranteeing an extension of credit regardless of the person's previous credit problem or credit history unless the representation clearly discloses the eligibility requirements for obtaining an extension of credit; (5) Engage, directly or indirectly, in a fraudulent or deceptive act, practice, or course of business in connection with the offer or sale of the services of a credit services organization; (6) Make or advise a buyer to make a statement with respect to a buyer's credit worthiness, credit standing, or credit capacity that is false or misleading or that should be known by the exercise of reasonable care to be false or misleading to a consumer reporting agency or to a person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit; or (7) Advertise or cause to be advertised, in any manner whatsoever, the services of a credit services organization without filing a registration statement with the Secretary of State under section 45 - 806 unless otherwise provided by the Credit Services Organization Act.

What they're doing is essentially guaranteeing your performance under the lease.

Under the Exposure Analysis conducted by IB, if an account would lose so much value that its equity would be eliminated and it would then additionally have an unsecured debt to IB (i.e., negative equity), this would represent an Exposure to the firm (since IB is legally obligated to guarantee its customers» performance to the clearinghouse even if the customer has no remaining equity).

While this analysis does not guarantee that these out / under - performance trends have been directly attributable to the «size» factor in both indices, it does hint that there is at least some overlap in risk factors underpinning the two.

c. The licensee has a consolidated net worth of one hundred million dollars ($ 100,000,000) or more, or if the licensee does not have the required net worth, its parent shall provide to the Commissioner (i) evidence satisfactory to the Commissioner that the parent has a net worth of one hundred million dollars ($ 100,000,000) or more, and (ii) an unconditional guarantee or comparable instrument of surety satisfactory to the Commissioner of the performance of the licensee of its obligations under this Article.

Five of them were solar installers that did not offer performance guarantees... just 25 - year product warranties and limited labor warranties of 10 years or under.

I am in frequent contact with provincial regulators, including the Financial Institutions Regulation Branch (FIRB), an arm of the provincial government that oversees the legislative and regulatory framework of the credit union industry, and Deposit Guarantee Corporation of Manitoba (DGCM), a statutory body established under the Act to oversee credit union operations and performance, and guarantee member Guarantee Corporation of Manitoba (DGCM), a statutory body established under the Act to oversee credit union operations and performance, and guarantee member guarantee member deposits.

He has experience of applications to restrain payment under guarantees and performance bonds, and of claims by traders against brokers in relation to transactions on commodity exchanges.

He has also acted in a number of cases involving restraint of draw down under letters of credit (e.g. Group Josi v Walbrook — successfully enforcing draw down of letters of credit in face of alleged fraud of underwriting agents); enforcement of performance bonds and corporate and governmental guarantee (Marubeni v Mongolia).

For instance, in Doosan Babcock Ltd v Commerializadora de Equipos y Materiales Mabe Lda [2013] EWHC 3010 (TCC), the court granted interim relief to restrain the beneficiary of a performance guarantee bond from making a demand under that bond.

Alternatively, if you prefer the probability of under performance over the guarantee of a fixed interest rate, a variable life insurance policy with sub-accounts invested in equities and bonds may possibly make more common sense for you.

Moreover, these are not guaranteed and they are not the upper or lower limits of returns of the Fund Option chosen under your policy, as the performance of the funds depend on a variety of factors including future investment performance.