under means in compliance with, or in accordance with, the provisions of the specified rule, form, or statute.
under includes “by”, “by virtue of”, “pursuant to” and “in accordance with”; and
under means pursuant to, subject to, required by, established by, in accordance with, and similar expressions of legislative or administrative authorization or direction.
More Definitions of under
under common control" or an "affiliated service group" within the meaning of Sections 414(b), (c) or (m) of the Code, (ii) required to be aggregated under Section 414(o) of the Code, or (iii) under "common control," within the meaning of Section 4001(a)(14) of ERISA, or any regulations promulgated or proposed under any of the foregoing Sections, in each case with any other entity.
under means that a player must be under the age limit by midnight on the 31st December of the year prior to the Championship year e.g. to play U16 a player must be aged 15 years or under on the 31st December prior to the Championship year.
under includes by, by virtue of, pursuant to, and in accordance with;
under means, with respect to any agreement (including, without limitation, any Transaction Document), any and all present and future rights, powers, remedies, acts, Obligations, Liabilities and any other terms and conditions under, incident to, in relation to, in reliance to, pursuant to, arising out of, based upon, affecting, imposed on, incurred by, resulting from or in connection with such agreement and all transactions and matters contemplated thereunder (and "hereunder", and "thereunder" shall have meanings correlative to the foregoing).
under means an under, of a particular character, that has the meaning given by sections 995-1(1) and 276-345 of the Tax Act.
under replaces “pursuant to,” and the demonstrative adjectives “such” and “said” (too frequently used in contract drafting) have been eliminated from the Tennessee Escrow Agreement.14 Finally, the discretionary comma before the conjunction used See ABA MODEL ASSET PURCHASE AGREEMENT EXHIBITS, supra note 2, at 51; ABA MODEL STOCK PURCHASE AGREEMENT, supra, at 206-07; XXXXX & XXXXXX, supra note 2, at § 15.06[3][b]. 11 See XXXXX & XXXXXX, supra note 2, at § 15.02[2] (discussing the survival of representations and warranties in acquisition agreements); Gentle & Xxxxxxxx, supra note 7, at 275 n.84. These survival provisions are common in private company mergers and acquisitions. See XXXXXX, supra note 1, at 160 (noting that, in public company mergers and acquisitions, “the agreement usually states that the respective representations and warranties terminate upon the closing.”); Xxxxxx X. Xxxxxxxx, Xx., Introduction to this Symposium and a Guide to Issues in Mergers and Acquisitions, 51 U. MIAMI L. REV. 533, 573 (1997) (“[I]n a private deal, the representations and warranties generally survive the closing, whereas in a public acquisition they generally do not survive.”). Other claims, including claims of fraud, however, may be made until expiration of the applicable statute of limitations or repose. In Tennessee, common law fraud in inducing a contract generally is subject to a three-year statute of limitations. TENN. CODE XXX. § 28-3-105 (2005); Am. Fid. Fire Ins. Co. x. Xxxxxx, 671 S.W.2d 837, 840-41 (Tenn. Ct. App. 1983). Contracts claims not otherwise provided for generally are subject to a six-year limitations period. TENN. CODE XXX. § 28-3-109 (2005). 12 For a general discussion of plain English and other conventions in contract drafting, see XXXXXX X. XXXXX, THE ELEMENTS OF CONTRACT DRAFTING: WITH QUESTIONS AND CLAUSES FOR CONSIDERATION (2002); see also XXXXX X. XXXXXXX, DRAFTING AND ANALYZING CONTRACTS: A GUIDE TO THE PRACTICAL APPLICATION OF THE PRINCIPLES OF CONTRACT LAW 271-75 (3d ed. 2003) (describing generally these drafting rules); XXXXXXX X. XXXXXX, PLAIN ENGLISH FOR LAWYERS 61 (4th ed. 1998) (advising against the use of “lawyerisms” that confuse non-lawyers and mask poor drafting); Xxxxxx X. Xxxxx, Drafting Principles: Strategy, Standards, and Ethics, in DRAFTING BUSINESS CONTRACTS: PRINCIPLES, TECHNIQUES & FORMS 25, 31, 42-44.1 (Xxxxx X. Xxxxx & Xxxxx Xxxxxxxxx eds., 2004) (listing typical characteristics of a plain English contract and offering a lis...
under means c-commanded by. The subordinate tense is deleted, the superordinate tense stays.