Sentences with phrase «upon a condition which»

Not exact matches

With respect to Awards granted to an Outside Director that are assumed or substituted for, if on the date of or following such assumption or substitution the Participant's status as a Director or a director of the successor corporation, as applicable, is terminated other than upon a voluntary resignation by the Participant (unless such resignation is at the request of the acquirer), then the Participant will fully vest in and have the right to exercise Options and / or Stock Appreciation Rights as to all of the Shares underlying such Award, including those Shares which would not otherwise be vested or exercisable, all restrictions on Restricted Stock and Restricted Stock Units will lapse, and, with respect to Awards with performance - based vesting, all performance goals or other vesting criteria will be deemed achieved at one hundred percent (100 %) of target levels and all other terms and conditions met.

The Revolving Credit Facility provides for a revolving total commitment of $ 20,000 of which $ 15,000 was available immediately and can be increased to $ 20,000 on or after the first anniversary of the effective date upon the Company's election and satisfaction of certain conditions.

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.

The stock movement is not driven by the actually value of the stock which is normally the case, instead it is based upon the news release and the favorable conditions presented by the press release.

I have read all of 1 Corinthians 3 and do stand yet upon that which I understand to be thruthful which are,,,, One,,, We labour «together» with God and quite possibly as an equal participant,,,, Two,,, We are God's «husbandry» which daringly seems to go beyond genetical unterstandings,,,,, Three,,,, Our bodies are literally God's buildings and God and His Brethrens do find shelters and living conditions inside of our body - like buildings of God's delightedness!

How various Christians approach that question seems to hinge upon whether they regard homosexuality as a matter of choice or as a developed condition or orientation over which the individual has little or no control.

Jewish thought gradually moved to a position in which the prophetic doctrine was reaffirmed, upon a clearly expressed condition.

For Christians exile has been not only a condition forced upon a small group of people but a state into which everyone was called by God for their human maturation — a place of formation, where attitudes and motivations were molded by a community without earthly roots.

He will therefore doubtless give some sort of sign, though every understanding resting upon an accommodation is essentially without value for one who does not receive the condition; for which reason he yields to the necessity only unwillingly.

The reaction of nature is a blindingly flashing red - light that man's actions are unnatural; that he need be true to his inner demands, which acted upon automatically set a proper balance within human consciousness and adjust the physical conditions in the entire creation around him.

Thus the earth was cooking for forty days, and that refutes the «uniform conditions» theory, the premise that conditions on earth were always exactly the same, upon which carbon dating is based.

In Luther's words, we are «twisted in upon ourselves» (incurvatus in se, he says, is the condition of each person); we deprive ourselves of the good which in principle is ours because we prefer cheaper and easier superficial «goods.»

There is a presumption against it by the state of Illinois, and the burden of proof lies upon citizens to show that the conditions have been met, which is to say that the presumption can be rebutted.

Who are these people which in terms of equality of conditions take upon themselves the responsibility to take care of others?

That condition or state or situation in which we are not realizing our subjective aim and find ourselves impotent in the face of the requirements which it makes upon us may be summed up simply by saying that although we are made to become men, we do not actually get very far along the path, knowing ourselves to be both incompetent and impotent, however grand may be our projects and however optimistic may be our hopes.

The «Catch 22» — and the reason for appropriating the name «original sin» instead of simply describing these conditions as the way of things — is that personal action depends upon structures of consciousness which themselves involve seeds of their own transcendence.

The ethical principles which hitherto we have regarded as an appendage, superimposed more or less by our own free will upon the laws of biology, are now showing themselves — not metaphorically but literally — to be a condition of survival for the human race.

I maintained that, contrary to the commonly expressed or tacitly accepted view, the era of active evolution did not end with the appearance of the human zoological type: for by virtue of his acquirement of the gift of individual reflection Man displays the extraordinary quality of being able to totalize himself collectively upon himself, thus extending on a planetary scale the fundamental vital process which causes matter, under Certain conditions, to organize itself in elements which are ever more complex physically, and psychologically ever more centrated.

Prophecy is not prediction, but the proclamation of divine intent, dependent for its realization upon the continued presence of those conditions which called forth that intent and upon the emergence of the means whereby that intent may be realized.

Under these conditions it is easy to understand that a real connection between the God of the future and the God of the present is often not to be found, or that if it is asserted, the prophecies in which God is looked upon as God of the present generally display the character of theoretical speculation.

It also assumes that the desire to avoid nuclear destruction provides today an incentive for disarmament that invalidates the conditions upon which disarmament was predicated in the past.

And by disbelief I do not mean some sort of brave rejection of the doctrine, some defiant demand flung at heaven for possession of one's own soul; I mean merely the impotence of an imagination that finds the very notion of sin incomprehensible, the conscience of a man who is sure that, whatever sin might be, it surely lies lightly upon a soul as decent as his own, and can be brushed off with a single casual stroke of a primly gloved hand; I mean an habitual insensibility to the illuminations and chastisements of beauty, a condition of being wholly at home in a world from which mystery and sin and glory have all been banished, and in which spiritual wretchedness has become material contentment.

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).

There can be only one reason and that is because many of us have been conditioned by years of misguided church teaching to look upon gay and lesbian individuals as morally inferior, unworthy and therefore undeserving of that which we uphold as good and sanctified in our lives.

We observe the probability, of course, that the prophetic word of doom is nearly always implicitly qualified by contingency — that is, the fulfillment of the dire expectation is contingent upon the continuation of the conditions which call it forth.

He goes ahead in somewhat the manner of Nathan condemning David, to condemn the line of sovereigns upon whom he puts the responsibility for the evil conditions which he has exposed.

It is clear that an ethic which is based upon the ideal of man or humanity could present concrete requirements of how love must be practised, what one must do — at least under particular conditions — in order to make man or humanity happy.

But Amos knows Yahweh's love and patience (see 4:6 - 11, with the essentially tender refrain, «Yet you did not return to me»; but especially 7:2,5); and when he speaks the apparently immutable sentence of death upon Israel (4:12; 7:9; 9: l - 8a) it is surely motivated (as the articulation of despair is of necessity always motivated) by hope, indomitable hope, that the pronouncement of judgment will effect decisive change in the conditions which invoked the judgment.

Intentionality rests upon ambiguity as the condition out of which prehension arises.

Pure instinctive action is that functioning of an organism which is wholly analyzable in terms of those conditions laid upon its development by the settled facts of its external environment....

It is perfectly true that there is a divine simplicity about Christ's teaching which is more readily grasped by the uncomplicated than by those whose minds have become so «cultured,» «conditioned» and «educated» that they are blind to the prime conditions of human life upon this planet.

Without limiting the generality of any terms or conditions set forth herein, in using the Site, you may not transmit or solicit: (a) any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language; (b) any message that constitutes, or encourages or incites conduct that would constitute, a criminal offense or gives rise to civil liability; or (c) any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.

Fellaini's compatriot Kevin de Bruyne blasted the conditions the Belgian team were forced to play under on Saturday away to Bosnia, on a disfigured pitch upon which Fellaini injured his knee.

For those with heart conditions, bruised egos, low self - esteem, and / or are currently in a workplace which frowns upon screaming obscenities at the computer monitor followed by smashing your keyboard across your cubicle you may want to read this another time.

In terms of the goal of controlling behavior, he viewed humans, and their conditioned responses, in much the same way as he viewed the animals upon which he conducted his experiments.

I / we agree that if any material change (s) occur (s) in my / our financial condition that I / we will immediately notify BSHFC of said change (s) and unless Baby Safe Homes Franchise Corporation is so notified it may continue to rely upon the application and financial statement and the representations made herein as a true and accurate statement of my / our financial condition.nI / we authorize Baby Safe Homes Franchise Corporation to make whatever credit inquiries / background checks it deems necessary in connection with this application and financial statement.nI / we authorize and instruct any person or consumer reporting agency to furnish to BSHFC any information that it may have to obtain in response to such credit inquiries.nIn consideration of the ongoing association between Baby Safe Homes and the undersigned applicant (hereinafter u201cApplicantu201d), the parties hereto have entered into this Non-Disclosure and Non-Competition Agreement.nWHEREAS, in the course of its business operations, Baby Safe Homes provides its customers products and services which, by nature of the business, include trade secrets, confidential and proprietary information, and other matters deemed material or important enough to warrant protection; and WHEREAS, Applicant, by reason of his / her interest in Baby Safe Homes and in the course of his / her duties, has access to said secrets and confidential information; and WHEREAS, Baby Safe Homes has trade secrets and other confidential and proprietary information, including procedures, customer lists, and particular desires or needs of such customers to which Applicant has access in the course of his / her duties as an Applicant.nNow, therefore, in consideration of the premises contained herein, the parties agree as follows Applicant shall not, either during the time of his / her franchise evaluation with Baby Safe Homes or at any time thereafter either directly or indirectly, communicate, disclose, reveal, or otherwise use for his / her own benefit or the benefit of any other person or entity, any trade secrets or other confidential or proprietary information obtained by Employee by virtue of his / her employment with Baby Safe Homes, in any manner whatsoever, any such information of any kind, nature, or description concerning any matters affecting or relating to the Baby Safe Homes business, or in the business of any of its customers or prospective customers, except as required in the course of his / her employment by Baby Safe Homes or except as expressly authorized Baby Safe Homes Franchise Corporation, in writing.nDuring any period of evaluation with Baby Safe Homes, and for two (2) years thereafter, Applicant shall not, directly or indirectly, induce or influence, divert or take away, or attempt to divert or take away and, during the stated period following termination of employment, call upon or solicit, or attempt to call upon or solicit, any of the customers or patrons Baby Safe Homes including, but not limited to, those upon whom he / she was directly involved, or called upon, or catered to, or with whom became acquainted while engaged in the franchise evaluation process of a Baby Safe Homes franchise business.

By accessing the site, you agree to be bound by the terms and conditions of the «Agreement» below, which are intended to be fully effective and binding upon all users.

In truth, there are a variety of ways around the existing system - for instance by having publicly - owned firms bid for contracts and using government powers to select the conditions upon which private firms compete with them.

Importantly, the new agreement would be binding only upon the new VLT terminal revenue which would be granted to the Aqueduct facility; while the terms and conditions of our original agreement remain in place.

Objecting to the application, Mr. Muhammed Diri, Federal Director of Public Prosecution (DPP) argued that seizing Dasuki's passport was the only condition upon which he was granted bail and that it has been discovered that the ailment of the accused could be treated at the National Hospital, Abuja.

«Scotland's continued success depends on the quality of its education system, which in turn depends upon securing decent pay and conditions of service for all teachers in Scotland.»

Conference calls upon the National Executive to continue to campaign for models across the UK which guarantee for supply teachers: (i) national pay and conditions; (ii) access to the Teachers» Pension Scheme and (iii) access to professional development.

A DEC spokeswoman, in an email, says, «DEC regulations outline strict conditions upon which DEC may initiate revocation of a permit for any facility in the state, and must be based on grounds set forth in New York codes, rules, and regulations.

But beyond acquiring a meal, cannibalism enables individuals of some species to accelerate their developmental process, as we saw with spadefoot toads, allowing them to quickly outgrow a stage in which they might be preyed upon or perish due to unpredictable environmental conditions.

The authors say more work needs to be done on establishing exactly what foods are best for promoting ideal gut conditions, however they conclude: «We think a diet high in fruits and vegetables is best as these are rich in fibre / complex carbohydrates, which are important because butyrate - producing species are dependent upon them indirectly via cross-feeding relations with fibre degraders.

Upon dissolution or winding up of said corporation's affairs, whether voluntary or involuntary, all of its assets then remaining in the hands of the board of directors shall, after paying or making provision for payment of all of said corporation's liabilities, be distributed, transferred, conveyed, delivered, and paid over only to educational, scientific, literary, or charitable organizations that are exempt from federal income tax under section 501 (c)(3) of the Internal Revenue Code of 1986, as amended, and which are not private foundations within the meaning of section 509 (a) of the Internal Revenue Code of 1986, as amended, on whatever terms and conditions and in whatever amounts the board of directors may determine, for use exclusively for educational, scientific, literary, or charitable purposes, except that no distribution shall be made to organizations testing for public safety.

«There is a serious gap between the idealized basis upon which assisted dying for patients with psychiatric conditions is advocated and the reality of its practice, as reflected in evidence from Belgium and the Netherlands.

In essence, most pathological conditions in the mammalian retina lead to changes in Müller glia — often called reactive gliosis, which might be analogous to the response of astrocytes upon injury of other brain regions.

Once we fabricate electrodes and measure their surface areas, we use a suite of characterization methods to determine unknown semiconductor properties by the following procedure: We determine the conductivity type of an unknown material by monitoring the open - circuit potential response upon illumination, which is important to establish the reverse - bias conditions used for all subsequent testing.

The rate at which the reaction occurs is different for each amino acid; in addition, it depends upon the moisture, temperature, and pH of the postmortem conditions.