Sentences with phrase «upon such sale»

Shares sold by the selling stockholder in this offering will become Class A common stock upon such sale.

Not exact matches

Upon launching the business, while Yates knew how to reach potential customers thanks to her experience in online sales, having worked for big companies such as Google and Facebook — science wasn't her area.

Cadences have become de rigueur in sales development but are often looked down upon by sales organizations and salespeople doing more traditional types of prospecting, who typically feel they don't need such a structure.

The registration of these shares of our common stock under the Securities Act would result in these shares becoming eligible for sale in the public market without restriction under the Securities Act immediately upon the effectiveness of such registration, subject to the Rule 144 limitations applicable to affiliates.

If such a sale or disposition takes place in the year in which the participant exercises the option, the income recognized upon the sale or disposition of the shares will not be considered income for alternative minimum tax purposes.

Upon a disposition of such shares by the optionee, any difference between the sale price and the optionee's exercise price, to the extent not recognized as taxable income as provided above, is treated as long - term or short - term capital gain or loss, depending on the holding period.

the sale of shares of common stock in an underwritten public offering that occurs during the restricted period, including any concurrent exercise (including a net exercise or cashless exercise) or settlement of outstanding equity awards granted under our equity incentive plans or pursuant to a contractual employment arrangement described elsewhere in this prospectus in order to sell the shares of common stock delivered upon such exercise or settlement in such underwritten public offering; provided that, if required, any public report or filing under Section 16 of the Exchange Act will clearly indicate in the footnotes thereto that such disposition to us or withholding by us of shares or securities was solely to us pursuant to the circumstances described in this clause; or

Offering, operating, or participating in, directly or indirectly, any marketing or sales plan or program wherein the financial gains to participants during their first year in the plan or program are, or are represented to be, based in any manner or to any degree upon their recruiting of other participants into the plan or program whereby such participants obtain the right to recruit yet other participants.

Shareholders will be required to recognize gain or loss upon a sale of Bitcoins by the Trust (as discussed above), even though some or all of the proceeds of such sale are used by the Trustee to pay Trust expenses.

Another approach which is used in U.S. state and local taxation by virtue of an interstate compact, is to have entities (or consolidated groups of corporations) prepare one tax return for the entire world and then to allocate pro-rata percentages of that global return to different jurisdictions based upon a handful of factors that are relatively hard to manipulate and bear a meaningful relationship to where income is earned such as sales, employment and the location of physical assets.

«(i) the average daily closing price for international offset credits sold on registered exchanges (or if such price is unavailable, the average price as determined by the Administrator) during the six months prior to the strategic reserve auction at which they were auctioned, with the remaining funds collected upon the sale of the international offset credits deposited in the Treasury; and

Upon notice of termination by us or you, we will cease selling your Ebooks and give notice to all online bookstores through which we are distributing your Ebooks to cancel listings and terminate sales of your Ebooks within 5 business days from the date of notice of termination; it is possible that some online bookstores may not immediately cease sales of your Ebooks through which we distribute your Ebooks following receipt of such notice, and, until such online bookstores cease sales of your Ebooks, all sales by online bookstores through which we distribute your Ebooks following such notice remain subject to these terms.

Upon receipt of the results of such inspection, the Buyers may request in writing at any time within that ten (10) day period that the Sellers make certain repairs or that the Sellers reduce the sales price to compensate for such defect (s).

That said, I see it as being equally relevent that what carried a AAA rating was, intruth, a junk bond and that sale upon such representation to be at least a serious tort and quite probably a financial fraud.

Objective: To identify companies whose market price is low relative to value measures based upon factors such as sales, earnings, dividends, cash flow or assets.

In most cases, such an agent will not charge you a direct fee, but instead will split the commission that the seller's agent receives upon sale of the home.

At the conclusion of such evaluation, the transferee servicer must permit the borrower to accept the short sale option offered by the transferor servicer, even if the transferee servicer does not offer the short sale option, in addition to any loss mitigation options the transferee servicer determines to offer the borrower based upon its own evaluation.

Often, but not always, it is advisable for these Canadians to acquire such property through a carefully crafted Canadian trust so as to provide efficient US income tax results upon sale and avoid US estate tax upon death.

Securities traded or dealt in upon one or more securities exchanges (whether domestic or foreign) for which market quotations are readily available and not subject to restrictions against resale shall be valued at the last quoted sales price on the primary exchange or, in the absence of a sale on the primary exchange, at the mean between the current bid and ask prices on such exchange.

The Underwriting Agreement between the Trust and Northern Lights Distributors, LLC («NLD») provides that the Registrant agrees to indemnify, defend and hold NLD, its several officers and directors, and any person who controls NLD within the meaning of Section 15 of the Securities Act free and harmless from and against any and all claims, demands, liabilities and expenses (including the reasonable cost of investigating or defending such claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which NLD, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise, arising out of or based upon: (i) any untrue statement, or alleged untrue statement, of a material fact required to be stated in either any Registration Statement or any Prospectus, (ii) any omission, or alleged omission, to state a material fact required to be stated in any Registration Statement or any Prospectus or necessary to make the statements in any of them not misleading, (iii) the Registrant's failure to maintain an effective Registration statement and Prospectus with respect to Shares of the Funds that are the subject of the claim or demand, or (iv) the Registrant's failure to provide NLD with advertising or sales materials to be filed with the FINRA on a timely basis.

3) Immediately establish a Special Purpose Entity («SPE») that will contain upon transfer all of the rights, royalties, milestones and other payments from Emergent Biosolutions («EBS») for the sale of the rPA product candidate, structured such that it could be dividended out to shareholders.

Due to the subjective and variable nature of fair value pricing, there can be no assurance that a fund could obtain the fair value assigned to the security upon the sale of such security.

Prices realized upon the sale of such lower rated securities, under these circumstances, may be less than the prices at which a fund purchased them.

The revenue profile for these carriers (see Graph 3) also relies upon the sale of frequent flier miles to partners such as the banks that issue airline credit cards.

The original Splatoon followed a similar path, with weekly updates of new weapons, clothes and eventually stages being showered upon a growing community; if relatively insignificant when compared to other platforms, such was the Wii U's dismissal sales figures.

«(i) the average daily closing price for international offset credits sold on registered exchanges (or if such price is unavailable, the average price as determined by the Administrator) during the six months prior to the strategic reserve auction at which they were auctioned, with the remaining funds collected upon the sale of the international offset credits deposited in the Treasury; and

«(C) upon sale of such international offset credits, the Administrator shall retire those international offset credits, and establish and provide to the purchasers a number of emission allowances equal to 80 percent of the number of international offset credits so retired, which allowances shall be in addition to those established under section 721 (a); and

«Gross Revenues» means the total monies received by Grantee from a utility company or other power purchaser (provided, however, that if electricity is sold to a subsidiary or affiliate of Grantee, then, and only then, the gross receipts from the sale of electricity under such contract shall be calculated using a sale of not less than the arithmetical average of the prices quoted by market sources of information, which information may be based upon the price paid by any purchaser or purchasers, including Grantee or any subsidiary or affiliate of Grantee, for electricity produced in the Iowa region of the Midwest Independent System Operator («MISO») from operation of wind turbines during the calendar year immediate!y preceding the year in which such electricity production from the Wind Energy Project occurs, taking into account the aggregate terms associated with such transaction) derived from the sale of electric energy and capacity produced and sold from the WTG's installed on the Premises, net of proportional energy losses associated with the power collection system or utility interconnection.

To avoid burdening low and moderate - income households, carbon tax proceeds should be returned to Americans through periodic pro rata «dividends» or dedicated to reducing the tax burden of regressive taxes such as the federal payroll tax or state sales taxes (depending upon whether the tax is imposed at the federal or state level).

Such expenditure would enhance the value of a second home, the benefits of such enhancement being available upon sale of the property by the MP concerSuch expenditure would enhance the value of a second home, the benefits of such enhancement being available upon sale of the property by the MP concersuch enhancement being available upon sale of the property by the MP concerned.

It states: «That upon any land so granted by way of gift as aforesaid, or any part thereof, ceasing to be used for the purposes of the institution, the same shall thereupon immediately revert to and become again a portion of the estate or manor or possessions of the Duchy, as the case may be to all intents and purposes as fully as if this Act or any such grant as aforesaid had not been passed or made, except that where the institution shall be removed to another site the land not originally part of the possessions of either of the Duchies aforesaid may be exchanged or sold for the benefit of the said institution, and the money received for equality of exchange or on the sale may be applied towards the erection or establishment of the institution upon the new site.»

Most capital assets — such as real estate, art, or securities — only create tax liability upon sale.

«[The agent] will remit the cash proceeds from such sale, net of any administrative and other reasonable expenses incurred by the agent in connection therewith, to record date shareholders upon completion of the sale,» explains Grayscale Investments plan for bitcoin cash reserves.

A percentage rent clause typically has a tenant pay a percentage of its gross sales, either over and above an agreed - upon breakpoint, or after deduction of minimum rent and other expenses such as real estate taxes.

Contrast the above payment - for - success - only compensation plan to that of a FSBO / mere posting outfit's, which charges folks up - front fees for such things as: an upload of one's listing on someone else's privately owned / paid - for MLS via a federal government - agency - backed highjacking maneuvered tactic; for a couple of $ 10.00 «For Sale» signs, for some forms that can be downloaded from the internet for free; for «advice» at the end of a telephone line from generic sales people who have no vested interest in whether or not the already - paid - for advice, for better or worse, actually results, if heeded and acted upon, in the sale of the subject property, or Sale» signs, for some forms that can be downloaded from the internet for free; for «advice» at the end of a telephone line from generic sales people who have no vested interest in whether or not the already - paid - for advice, for better or worse, actually results, if heeded and acted upon, in the sale of the subject property, or sale of the subject property, or not.

In all criminal cases, contempt cases, and other cases filed pursuant to this chapter, if a party has sold, leased, or let real estate, the title to which was not in the party when it was offered for sale, lease, or letting, or such party has maintained an office bearing signs that real estate is for sale, lease, or rental thereat, or has advertised real estate for sale, lease, or rental, generally, or describing property, the title to which was not in such party at the time, it shall be a presumption that such party was acting or attempting to act as a real estate broker, and the burden of proof shall be upon him or her to show that he or she was not acting or attempting to act as a broker or sales associate.

More precisely define an HVCRE acquisition, development or construction (ADC) loan, such as a secured real property ADC loans where repayment is dependent upon future income / sale proceeds of the property.

An agent would call for a copy of the report to be part of an Agreement of Purchase and Sale, but it would seem that the offer would need to be contingent upon review of the efficiency report (by a professional who specifically understands such) within a specific time frame, and apparently the buyer would be advised to adjust his accepted - by - the - Seller price point, based on the findings.

Coldwell Banker Village Green Realty v. Pillsworth (32 A.D. 3rd 568 [3rd Dept.]-RRB-- Order of the Supreme Court granting broker's motion for summary judgment affirmed; in the absence of an agreement to the contrary, the broker's right to a commission is not contingent upon performance of the underlying real estate contract, receipt by the seller of the sale price, transfer of title, or even a formal execution of a legally enforceable sales contract; seller could not utilize the provisions of a subsequently executed sales contract wherein seller agreed to pay broker's commission «if and when title closes» as a bootstrap to avoid her obligation to the broker under the clear and unambiguous provisions of the listing agreement as such language was contained in the contract of sale prepared by counsel and to which broker was not a party; provisions in listing agreement that seller would accept a binder or purchase contract contingent upon purchaser's ability to obtain conventional financing and provided any other contingencies in the binder or purchase agreement are acceptable to the seller speak only to the type of purchase offer that seller was obligated to accept and does not alter or otherwise qualify broker's right to a commission

There is no duty upon the seller / mortgagor to report such a sale.

Steven G. Walther, Inc. v. Taranto (16 A.D. 3d 1076) buyers procured by broker remained ready willing and able to complete the purchase pursuant to the terms of the purchase contract thereby entitling broker to its commission where purchase and sale contract addendum made the offer contingent upon the sale of buyer's existing residence; pursuant to the addendum, seller received another purchase offer, he was entitled, upon notice to the buyers, to accept the offer and cancel the contract with the buyers unless they removed the sale and transfer of title contingency within three days after receiving such notice; buyers could remove the contingency by demonstrating in writing that they had accepted a mortgage loan commitment which does not require the sale and transfer of title of their property as a condition of the mortgage loan funding; buyer complied with such requirement, even though mortgage loan commitment was subject to additional conditions not prohibited by the contract; judgment for broker.

But there are other considerations involved: * Is the offer contingent upon anything, such as the sale of the buyer's current house?

Notwithstanding paragraph (c)(1) of this section, unless otherwise prohibited by local law, any property listed through a real estate broker must be advertised as such, and any signage placed upon such property soliciting the sale or lease of the property must identify the representative broker or brokerage.

Venezia v. Coldwell Banker Sammis Realty (270 A.D. 2d 480)- buyer's action against seller for fraud for failing to disclose toxic contamination of untapped ground water beneath the property and surrounding area dismissed; cause of action against brokers severed; buyer's claim of fraud against seller was extinguished upon closing as a result of specific merger clause in contract of sale; moreover, buyer's failed to allege that seller made any representation about the condition of the land's subsurface or groundwater and did not allege that seller engaged in concealment or otherwise deceitful conduct designed to prevent the discovery of such contamination; seller is under no duty to speak; salesperson of one of the defendant real estate agencies represented to buyer that the house was in good condition

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained

i. Is the offer contingent upon anything, such as the sale of the buyer's current house?

Utilizing data obtained through partnerships with multiple listing systems throughout the state, this new housing market report expands upon the closed sales and price data previously available from NYSAR to include key metrics such as: new listings; pending sales; days on market, average sales price; percentage of list price received; housing affordability; inventory of homes for sale; and months supply of inventory.

(286 A.D. 2d 572)- broker granted partial summary judgment for payment of commission as a finder; record lacks any evidence that broker performed any services that could give rise to any fiduciary duties owed; party's agreement clear that once broker introduced the principals, broker's services were no longer needed; purchase and sale contract expressly states that seller agreed to pay broker pursuant to a separate agreement, such admission entitles broker to summary judgment as to liability for payment; matter remanded for determination of compensation agreed upon