Sentences with phrase «upon matters such»

Not exact matches

Because of the ten - to - one voting ratio between our Class B and Class A common stock, the holders of our Class B common stock collectively will hold more than a majority of the combined voting power of our common stock upon the completion of our initial public offering, and therefore such holders will be able to control all matters submitted to our stockholders for approval.

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.

Mainline Protestants (Methodists, Presbyterians, Episcopalians, and the like) and evangelical / fundamentalist Protestants (an umbrella group of conservative churches including the Pentecostal, Baptist, Anabaptist, and Reformed traditions) not only belong to distinctly different kinds of churches, but they generally hold distinctly different views on such matters as theological orthodoxy and the inerrancy of the Bible, upon which conservative Christians are predictably conservative.

To be sure, from the days of the Exile on, the majority of Jews lived not in Palestine but in foreign lands, where they were played upon by alien customs and ideas, and in such a situation continued fealty to the ancestral faith was far more a matter of individual choice than it was in the homeland.

Even while acknowledging some lat.itude in these early chapters, it appears that science is increasingly able to corroborate what we have held in faith based upon biblical texts, including bases for such matters as an ancient deluge, genetic linking back to one mother and possible on father, and the possibility of extended life - spans prior to the deluge.

I don't know why you took it upon yourself to comment about this, or why you would spend what little time you have on this earth to concern yourself with such matters.

Following upon his reconstruction of the concepts of infinity, matter and motion Leclerc argued that at the intersection of such basic insights into physical existence, lurks confusion about the status of compound substances.

One wonders how many novelists and, for that matter, how many sermonizers are prepared to confront in such detail this difficult fact about the human condition, that sooner or later most of us will be called on to give adults, to whom we are bound with the most powerful ties of love and respect, the services we associate with the care of an infant, with their sense of dignity, and our own, now and for all eternity, dependent on the delicate attention and sensitivity we bring to the task, even as they gaze upon us helpless and vulnerable.

Perhaps such an experimenting self which in despair wills to be itself, at the moment when it is making a preliminary exploration of its concrete self, stumbles upon one or another hardship of the sort that the Christian would call a cross, a fundamental defect, it matters not what.

How could we get them interested in writing, 1/66 of a book, where there would be no collaboration or knowledge of what the others would say, no particular subject matter to expound upon, could we really get them interested in such a convoluted project?

He said that just when the mass of the people, and the priests, and the Roman soldiers, Herod and Pilate, and the idle ones on the street, the crowd in the gateway, and the newspaper reporters (if there were any such at that time) in short, when all the powers of the moment, however different their sentiments might have been, were agreed upon this view of the matter: that all was lost, hopelessly lost.

Fifth, there can be such a focus upon one particular aspect of the relationship (in specifically sexual matters, this may be an interest only in the physical side) that the total human personality is not taken into account, in all its richness and promise.

Such is the nature of much modern fundamental physics, reinforcing the need for those who reflect upon the ultimate patterns of matter - energy, most obviously in the branch of metaphysics called ontology, to engage with modern scientific thought.

An escape from the planet, not in space or outwardly, but spiritually and inwardly, such as the hyper - centration of cosmic matter upon itself allows.

Ultimately they are dependent upon the people who buy their goods and services and for whom they decide such matters as the quality of their food, clothing, entertainment, work, environment or health care.

Such an assumption blocks the road of inquiry, whereas the assumption that all particles of matter may be continuous leaves the road open to the possibility of eventually explaining action at a distance, starting with the hypothesis «that one portion of matter acts upon another because it is in a measure in the same place.»

Moreover such a positing of a partially a priori form which mediates organization and intelligibility to a further created realm below («matter») puts significant pressure upon the Christian doctrine of God as the immediate creator and sustainer of every aspect of the cosmos.

I then spoke to the fiddler to hold a moment, and added that for several years I had not undertaken any matter of importance without first asking the blessing of God upon it, and I desired now to ask the blessing of God upon this beautiful young lady and the whole company, that had shown such an act of politeness to a total stranger.

After weeks of protesting against austerity measures being forced upon the Greek people it seemed only a matter of time before such action spilt over into the world of football.

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.

Such fees are not allowed as a matter of right; any award must depend upon the financial circumstances and earnings of both parties.

Each such notice shall include an agenda of the matters to be acted upon at the meeting.

The board advises the department on matters concerning protection, development, access to fisheries, and related issues, and upon such additional matters as may be requested by the Commissioner or by the County Executive.

«If a developer and HPD disagree as to the strength of the market or sufficiency of subsidies to avoid a hardship, to what extent should, or could, BSA legally rely upon the expertise of HPD in such matters?»

Such rules would normally be frowned upon (and even ignored by many), but in fact, this film does such a masterful job of paying homage to the first, while enhancing the characters and story, that we are eager for every viewer to experience it with fresh eyes and clear mind... no matter how tempting it is to talk abSuch rules would normally be frowned upon (and even ignored by many), but in fact, this film does such a masterful job of paying homage to the first, while enhancing the characters and story, that we are eager for every viewer to experience it with fresh eyes and clear mind... no matter how tempting it is to talk absuch a masterful job of paying homage to the first, while enhancing the characters and story, that we are eager for every viewer to experience it with fresh eyes and clear mind... no matter how tempting it is to talk about!

We Bought a Zoo is perhaps the best movie that could be made in which the story of a recent widower who transfers his past determination to keep his wife alive upon an old, sick tiger — thus coming face to face once again with the grief he has tried so hard to escape — is treated with such matter - of - fact blatancy.

They focus upon comprehension of key elements such as interpretation of subject matter, analysis of language, and comments upon structural organisation.

But at a certain point, it's not the content delivered that should matter most, but rather how such content can engage students in building upon their understanding of historical inquiry, which will stick with them long after their memorization of facts has faded.

Nor does curricula deal with other matters such as how do children acquire knowledge, or learn how to memorize so they can synthesize and build upon knowledge.

Sec. 1 - 225 and Sec. 1 - 200) states that «meetings of all public agencies shall be open to the public», and defines public agency as «including any committee of, or created by, any such office, subdivision, agency, department, institution, bureau, board, commission, authority or official», and defines «meeting» as «any hearing or other proceeding of a public agency... to discuss or act upon a matter over which the public agency has supervision control, jurisdiction or advisory power», nonetheless, the State Department of Education attempted to keep the «training session» for superintendents closed to the public, stating it «is not a venue for members of the general public to participate.»

(e) The board shall establish the information needed in an application for the approval of a charter school; provided that the application shall include, but not be limited to, a description of: (i) the mission, purpose, innovation and specialized focus of the proposed charter school; (ii) the innovative methods to be used in the charter school and how they differ from the district or districts from which the charter school is expected to enroll students; (iii) the organization of the school by ages of students or grades to be taught, an estimate of the total enrollment of the school and the district or districts from which the school will enroll students; (iv) the method for admission to the charter school; (v) the educational program, instructional methodology and services to be offered to students, including research on how the proposed program may improve the academic performance of the subgroups listed in the recruitment and retention plan; (vi) the school's capacity to address the particular needs of limited English - proficient students, if applicable, to learn English and learn content matter, including the employment of staff that meets the criteria established by the department; (vii) how the school shall involve parents as partners in the education of their children; (viii) the school governance and bylaws; (ix) a proposed arrangement or contract with an organization that shall manage or operate the school, including any proposed or agreed upon payments to such organization; (x) the financial plan for the operation of the school; (xi) the provision of school facilities and pupil transportation; (xii) the number and qualifications of teachers and administrators to be employed; (xiii) procedures for evaluation and professional development for teachers and administrators; (xiv) a statement of equal educational opportunity which shall state that charter schools shall be open to all students, on a space available basis, and shall not discriminate on the basis of race, color, national origin, creed, sex, gender identity, ethnicity, sexual orientation, mental or physical disability, age, ancestry, athletic performance, special need, proficiency in the English language or academic achievement; (xv) a student recruitment and retention plan, including deliberate, specific strategies the school will use to ensure the provision of equal educational opportunity as stated in clause (xiv) and to attract, enroll and retain a student population that, when compared to students in similar grades in schools from which the charter school is expected to enroll students, contains a comparable academic and demographic profile; and (xvi) plans for disseminating successes and innovations of the charter school to other non-charter public schools.

(d) In the case of an alleged act or practice prohibited by this title which occurs in a State, or political subdivision of a State, which has no State or local law prohibiting such act or practice, a civil action may be brought under subsection (a): Provided, That the court may refer the matter to the Community Relations Service established by title X of this Act for as long as the court believes there is a reasonable possibility of obtaining voluntary compliance, but for not more than sixty days: Provided further, That upon expiration of such sixty - day period, the court may extend such period for an additional period, not to exceed a cumulative total of one hundred and twenty days, if it believes there then exists a reasonable possibility of securing voluntary compliance.

In matter of a seconds you should have list upon list of lenders willing to make such loans.

Except as set forth in subsection (a), no action may be brought by the debtor under this section based upon a violation of any provision of this chapter more than two years after the date the violation occurred; provided, however, this limitation shall not bar a debtor from asserting a violation of this chapter in an action brought by the creditor, as a matter of defense by recoupment or setoff in such action, if otherwise allowed by law.

You hereby waive any and all rights to bring any claim or action related to such matters in any forum beyond two (2) years after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based.

The Administrator or his duly authorized representative, during the course of such examination, may administer oaths and examine any person under oath upon any subject pertinent to any matter about which the Administrator is authorized or required by the Credit Services Organization Act to consider, investigate or secure information.

Matters such as election of Trustees are not subject to separate voting requirements and may be acted upon by shareholders of the Trust voting without regard to series.

The reason for this is that animal lovers have such big hearts, and as soon as they gaze upon all the little furry babies, they will come home with one or more, no matter how bad a breeder may be.

(c) The Secretary delegate shall keep a record of all meetings of the club and of the board and of all matters of which a record shall be ordered by the club; have charge of the correspondence, notify members of meetings, notify new members of their election to membership, notify officers and directors of their election to office, keep a roll of the members of the club with their addresses, which shall be sent to any member in good standing, upon written request, not more than once every club year, and carry out such other duties as are prescribed in these bylaws.

You hereby waive any and all rights to bring any claim or action related to such matters in any forum beyond two (2) years after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based.

Unleashed upon an unsuspecting world, it was only a matter of time before the Caped One would come face to face with some well known industry figures, such as a certain humanity - saving Spartan.

The exhibition represents the life stories and related issues of the post-war Chinese LGBTQ community as the artworks on view touch upon a profusion of subject matters such as identity, equality, exploitation by mass media, social predicaments, comments on individuals / groups, human desire, as well as life and death.

What we will all now over time, or those who come after will know, is that warming and cooling of the climate is almost entirely dependent upon the sun, its activity, our orbit of it, etc... Of course other things such as volcanism matter, and clouds, and water vapor, and so many other things which are all natural and have happened over and over through the ages.

It's not a matter of ideology but rather criminal intent (mens rea) and criminal effect, not to mention the civil aspects of such cases, in which compensatory and punitive damages may be imposed upon the miscreant parties involved in the perpetration of deceit for the purposes of pecuniary or other material gain attained to the detriment of specific other people and the public at large.

Those like you, Basil, who call upon the authority of journals and persons in the climatology field (who obviously, like yourself, demonstrate a serious lack of understanding of such matters as thermodynamic equilibrium, entropy and unbalanced energy potentials) epitomise the process whereby the greatest hoax of all time has been, and continues to be promulgated by those with personal pecuniary interests in maintaining the status quo.

129 Furthermore, the fact that, in the context of applying European Union environmental legislation, certain matters contributing to the pollution of the air, sea or land territory of the Member States originate in an event which occurs partly outside that territory is not such as to call into question, in the light of the principles of customary international law capable of being relied upon in the main proceedings, the full applicability of European Union law in that territory (see to this effect, with regard to the application of competition law, Ahlström Osakeyhtiö and Others v Commission, paragraphs 15 to 18, and, with regard to hydrocarbons accidentally spilled beyond a Member State's territorial sea, Case C ‑ 188 / 07 Commune de Mesquer [2008] ECR I ‑ 4501, paragraphs 60 to 62).

I suspect that the real heavy lifting in enhancing access to justice is a matter of procedural reform — specialized decision - making bodies with extremely simplified procedural rules for specific civil law issues (something that actually already exists in certain areas such as Landlord / Tenant, but could be further improved upon), wider permissions for over-the-counter motions, fewer unnecessary court appearances, fewer procedurally - mandated appearances (e.g., going from a Case Conference to a Settlement Conference to a Trial Management Conference, and possibly further, before you can get to a family law trial), and so on.

Dealing with, and co-ordinating the communications and responses to such regulators was a serious and complex matter upon which RBS naturally wished to have the advice and assistance of specialist lawyers.

Examples of my experience in such matters are a euthanasia case (2016), where the charge of murder was dropped upon my revealing, at the defence examination, that the presence of a prescribed, very powerful and hazardous drug, (fentanyl), had been missed by both the prosecution study and analysis of the case.

It's a false assumption, I believe, that choice among people in such situations is a matter of measurable, agreed - upon qualities enabling us to compare apples with comfort.