Sentences with phrase «warranted by the circumstances»

Almost all of this is up to the discretion of the judge, and is usually subject to change as warranted by the circumstances.

Not exact matches

in the case of our directors, officers, and security holders, (i) the receipt by the locked - up party from us of shares of Class A common stock or Class B common stock upon (A) the exercise or settlement of stock options or RSUs granted under a stock incentive plan or other equity award plan described in this prospectus or (B) the exercise of warrants outstanding and which are described in this prospectus, or (ii) the transfer of shares of Class A common stock, Class B common stock, or any securities convertible into Class A common stock or Class B common stock upon a vesting or settlement event of our securities or upon the exercise of options or warrants to purchase our securities on a «cashless» or «net exercise» basis to the extent permitted by the instruments representing such options or warrants (and any transfer to us necessary to generate such amount of cash needed for the payment of taxes, including estimated taxes, due as a result of such vesting or exercise whether by means of a «net settlement» or otherwise) so long as such «cashless exercise» or «net exercise» is effected solely by the surrender of outstanding stock options or warrants (or the Class A common stock or Class B common stock issuable upon the exercise thereof) to us and our cancellation of all or a portion thereof to pay the exercise price or withholding tax and remittance obligations, provided that in the case of (i), the shares received upon such exercise or settlement are subject to the restrictions set forth above, and provided further that in the case of (ii), any filings under Section 16 (a) of the Exchange Act, or any other public filing or disclosure of such transfer by or on behalf of the locked - up party, shall clearly indicate in the footnotes thereto that such transfer of shares or securities was solely to us pursuant to the circumstances described in this bullet point;

The worst - case scenario is to be a non-believer and non-participant in a bubble, but to eventually get persuaded by the relentless rise in price that special circumstances / fundamentals justify the valuation and that a large commitment is warranted.

«Furthermore, the mere allegation that the 3rd Defendant / Applicant is dissatisfied with and aggrieved by the said ruling or that there had been misdirection or a series of them is not a fair, just, or special circumstance warranting an application for the grant of stay of proceeding in this action,» Mr. Amidu argued.

Chief Magistrate Olusegun Ayilara, the chairman of the Coroner's Inquest set up by the State Governor, Mr Rauf Aregbesola, to uncover the circumstances surrounding the death of Senator Isiaka Adeleke, has threatened to issue a bench warrant against the Divisional Police Officer DPO, of Dugbe Police station, Osogbo and the Officer in charge of Homicide, for shunning the sitting and refusal to testify before it.

Schneiderman said local law enforcement should honor requests by federal Immigration and Customs Enforcement and Customs and Border Protection officials to detain someone only in limited circumstances, such as when there is a signed judicial warrant.

«For the 2013 extension there were countless circumstances that should have warranted such an evaluation,» the panel writes, including legal charges against Macchiarini in Italy in late 2012 and «objections to Macchiarini's activities raised by the Karolinska University Hospital in 2013 that made the hospital decide to stop further transplantations and terminate its part of Macchiarini's contract.»

Indeed, as Lord Upjohn remarked in Padfield v Minister of Agriculture, Fisheries and Food [1968] AC 997, [1968] 1 All ER 694 where a «public officer» who was «charged by Parliament with the discharge of a public discretion affecting Her Majesty's subjects» chose not to give reasons for a decision, «it may be, if circumstances warrant it, that a court may be at liberty to come to the conclusion that he had no good reason for reaching that conclusion».

Last April, the Supreme Court generally limited blood draws of criminal suspects to those obtained by consent of the suspect or by a valid search warrant, absent exigent circumstances.

Defective drug lawyers help victims evaluate their individual circumstances and, if a lawsuit is warranted, build a strong case against C.B. Fleet Company by incorporating elements such as expert testimony into their case.

In my view, in the circumstances of this case, Abacus and Gillis had sufficient common interest in the transactions to warrant a finding that, in Alberta or British Columbia, the Abacus memo is protected from disclosure by solicitor - client privilege [ibid, at paras 41 - 42].

The police entry into the residence was not justified by exigent circumstances making it impracticable to obtain a warrant; evidence obtained therefrom is excluded under s. 24 (2).

In the circumstances, the judge in an action seeking damages and injunctive relief for wrongful appropriation of a corporate opportunity was warranted in finding that certain statements made by the individual defendants to the plaintiff did not amount to a clear repudiation of the plaintiff's claim and that consequently the action was not barred by the statute of limitations.

«The lack of respect combined with his demonstration of the fact that Mr. Tupper is not prepared to abide by any court order including the costs orders that are now outstanding establishes special circumstances warranting an order for security for costs.»

The application is started by the estate trustee by way of a notice of application to pass accounts (where the circumstances warrant it, a beneficiary may seek an order of the court compelling the estate trustee to bring an application to pass accounts rather than relying on the estate trustee to start the application of her own volition).

By ruling that Ms. Wood's contract was enforceable because it did not warrant fresh consideration in the circumstances, the Court of Appeal dismissed an argument that could have set a highly onerous precedent for employers.

In the public relations field we strongly caution against those targeted in defamatory blog posts from responding to them directly unless warranted by special circumstances, which is why I agree with the statement made by Nied,

Although move out of state by parent with joint legal custody and primary physical custody is not per se substantial change of circumstances such as to make that parent's continuing custody unreasonable, this does not mean that circumstances inherent in such move are always insufficient as a matter of law to warrant modifying child custody.

Where the charges are of sufficient seriousness or where the Crown feels that circumstances warrant (like for instance with a constant and / or repeat criminal or impaired driving offender) then the charges may be proceeded with by a trial in BC Supreme Court rather that the Provincial Court.

In Telus, Moldaver J. explained at para. 80 that the general warrant should only be used in circumstances where the «investigative technique is truly different in substance from an investigative technique accounted for by another legislative provision» and, further, that 487.01 (c) serves to ensure that «general warrants may not be used as a means to circumvent other authorization provisions that are available but contain more onerous pre-conditions.»

Even though a warrant may have been tainted by defective paperwork, the police search of an active meth lab was justified by exigent circumstances, the Supreme Court of Virginia has ruled.

The failure to leave Canada in these circumstances may result in the issuance of a warrant for arrest by the Canada Border Services Agency (CBSA).

In all the circumstances, Pidgeon accepted that the situation is «not so serious that it warrants taking further steps by the Council pursuant to its mandate under the Judges Act.»

Generally speaking, search warrants, wiretaps, and arrest warrants are investigative tools available only in criminal investigations, and in the absence of exigent circumstances, may only be issued upon a showing to a neutral magistrate or judge, supported by a sworn statement showing that probable cause exists that a crime has been committed and (1) in the case of an arrest warrant, that the person named committed that crime, and (2) in the case of a search warrant or wiretap, that the search or wiretap will reveal evidence of that crime.

(2) Although a warrant issued under section 56 would otherwise be required, an inspector may exercise any of the powers described in subsection 56 (1) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would be impracticable to obtain the warrant.

Where children are residing with the spouse obligated to pay spousal support or alimony pendente lite (custodial parent) and the other spouse (non-custodial parent) has a legal obligation to support the children, the guideline amount of spousal support or alimony pendente lite shall be determined by offsetting the non-custodial parent's obligation for support of the children and the custodial parent's obligation of spousal support or alimony pendente lite, and awarding the net difference either to the non-custodial parent as spousal support / alimony pendente lite or to the custodial parent as child support as the circumstances warrant.

If the value of the relief sought is $ 10,000 or less, you or TopResume may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and TopResume, subject to the arbitrator's discretion to require an in - person hearing, if the circumstances warrant.

Law Enforcement: We may release health information if asked to do so by a law enforcement official: In response to a court order, subpoena, warrant, summons or similar process; To identify or locate a suspect, fugitive, material witness, or missing person; If you are the victim of a crime and we are unable to obtain your consent; In an instance of criminal conduct at our facility; and In emergency circumstances to report a crime; the location of the crime or victims; or the identity, description, or location of the person who committed the crime.

Law Enforcement: We may release health information if asked to do so by a law enforcement official: In response to a court order, subpoena, warrant, summons or similar process; To identify or locate a suspect, fugitive, material witness, or missing person; If you are the victim of a crime and we are unable to obtain your consent; About a death we believe may be the result of criminal conduct; In an instance of criminal conduct at our facility; and In emergency circumstances to report a crime; the location of the crime or victims; or the identity, description, or location of the person who committed the crime.

We may release health information if asked to do so by a law enforcement official: • In response to a court order, subpoena, warrant, summons or similar process; • To identify or locate a suspect, fugitive, material witness, or missing person; • If you are the victim of a crime and we are unable to obtain your consent; • About a death we believe may be the result of criminal conduct; • In an instance of criminal conduct at our facility; and • In emergency circumstances to report a crime; the location of the crime or victims; or the identity, description, or location of the person who committed the crime.

Adoption assistance agreements may be changed and the adoption assistance payment amount adjusted periodically when warranted by a change in the circumstances of the family or the needs of the child.

The possible sanctions include: compensatory time with the children; economic sanctions for costs incurred by the non-violator parent due to the other parent's custody or parenting time violation; modification of the existing transportation (pick up / drop off arrangements)-- including changing the exchange location to a public place; ordering counseling for either or both of the parties and / or the children at the expense of the violator; ordering a temporary or permanent modification of the parenting time and custodial arrangement if under the circumstances this relief is in the best interests of the children; ordering the violator to participate in a community service program; incarceration of the violator with or without work - release; issuance of a warrant to be executed if the violator persists in failing to comply with court orders; any other appropriate equitable remedy.