by breach of i Sample Clauses

by breach of i. Novi Lux’s internal rules and procedure; and/or ii. Novi Lux’s control systems and mechanisms; and/or iii. standards governing clients and investor relations; and/or iv. the Participant’s employment contract. 1.2. serious error that the Board of Directors of Novi Lux considers to be the result of the Participant’s negligent conduct or omission; 2. Novi Lux, the Company or any Parent, Subsidiary or Affiliate of the Company or any relevant business unit of any of the foregoing suffers a significant downturn in its financial performance. In such case, the Board of Directors of Novi Xxx xxx consider the situation as a Malus and/or Clawback Trigger, particularly if such consideration is deemed: 2.1. appropriate in view of the overall financial situation; and/or2.2. justified on the basis of the performance of the Participant. 3. Novi Lux suffers a significant failure of risk management for which the Participant has significant responsibility. In addition, the Board of Directors of Novi Xxx xxx consider the application of the clawback provision to RSUs where, in the opinion of the Board of Directors of Novi Lux: 1. There is evidence of fraud by the Participant within the meaning of applicable criminal law; and/or 2. There is evidence of breach by the Participant of the Circular CSSF 10/437, especially where the breach by the Participant significantly contributed to a regulatory sanction. Furthermore, for the Participants who would (only or also) qualify as a Relevant Person under the terms of the Remuneration Policy, the Board of Directors of Novi Xxx xxx also consider the following elements (this list is not intended to be exhaustive) as Malus and/or Clawback Triggers if there is evidence of breach by the Participant of: 1. Novi Lux’s internal policies protecting the consumer interest; and/or 2. the EBA Guidelines 2016/06, especially where the breach by the Participant significantly contributed to a regulatory sanction. Malaysia Securities Law NoticeThe grant of the RSUs in Malaysia constitutes or relates to an ‘excluded offer,’ ‘excluded invitation,’ or ‘excluded issue’ pursuant to Section 229 and Section 230 of the Capital Markets and Services Act (“CMSA”), and as a consequence no prospectus is required to be registered with the Securities Commission of Malaysia. The RSU documents do not constitute and may not be used for the purpose of a public offering or an issue, offer for subscription or purchase, invitation to subscribe for or purchase any securities re...
Sample 1
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Related to by breach of i

  • Breach of Agreement Failure by the party to comply with or perform any agreement or obligation (other than an obligation to make any payment under this Agreement or delivery under Section 2(a)(i) or 2(e) or to give notice of a Termination Event or any agreement or obligation under Section 4(a)(i), 4(a)(iii) or 4(d)) to be complied with or performed by the party in accordance with this Agreement if such failure is not remedied on or before the thirtieth day after notice of such failure is given to the party;

  • Breach of Covenant The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

  • NO BREACH OF CONTRACT The Executive hereby represents to the Company that: (i) the execution and delivery of this Agreement by the Executive and the performance by the Executive of the Executive’s duties hereunder shall not constitute a breach of, or otherwise contravene, the terms of any other agreement or policy to which the Executive is a party or otherwise bound, except for agreements entered into by and between the Executive and any member of the Group pursuant to applicable law, if any; (ii) that the Executive has no information (including, without limitation, confidential information and trade secrets) relating to any other person or entity which would prevent, or be violated by, the Executive entering into this Agreement or carrying out his duties hereunder; (iii) that the Executive is not bound by any confidentiality, trade secret or similar agreement (other than this) with any other person or entity except for other member(s) of the Group, as the case may be.

  • Breach of Agreements Licensee fails to perform in accordance with any of the material terms and conditions contained herein in any material respect.

  • Breach of Contract 4.1 If any party (“Defaulting Party”) breaches any provision of this Agreement, which may cause damages to other parties (“Non-defaulting Party”), the Non-defaulting Party con notify the Defaulting Party in writing, requesting it rectify and correct such a breach of contract; if the Defaulting Party does not take actions which rectify and correct such breach to the satisfaction of the Non-defaulting Party within fifteen (15) days upon the issuance of the written notice, the Non-defaulting Party can take actions pursuant to this Agreement or other measures in accordance with laws in response.

  • Liability for Breach of Agreement During the term of this Agreement, any violation of any provisions herein by either party constitutes breach of contract and the breaching party shall compensate the non-breaching party for the loss incurred as a result of this breach.

  • Breach of Covenants If the Company breaches any of the covenants set forth in this Section 4, and in addition to any other remedies available to the Buyer pursuant to this Agreement, it will be considered an event of default under Section 3.4 of the Note.

  • Damages for Breach of Contract In the event of a breach of this Agreement by either the Corporation, Bank or the Executive resulting in damages to another party to this Agreement, that party may recover from the party breaching the Agreement only those damages as set forth herein. In no event shall any party be entitled to the recovery of attorney's fees or costs.

  • Breach of Confidentiality The Parties agree that the disclosure of the Disclosing Party’s Proprietary Information in violation of this Agreement may cause the Disclosing Party irreparable harm and that any breach or threatened breach of this Agreement by the Receiving Party entitles disclosing Party to seek injunctive relief, in addition to any other legal or equitable remedies available to it, in any court of competent jurisdiction. For clarity, such disputes shall not be subject to Article XIII.

  • Breach of this Agreement If the Executive commits a breach, or threatens to commit a breach, of any of the provisions of Sections 7, 8 or 9 of this Agreement, then the Company shall have the right and remedy to have those provisions specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed by the Executive that the rights and privileges of the Company granted in Sections 7, 8 and 9 are of a special, unique and extraordinary character and any such breach or threatened breach will cause great and irreparable injury to the Company and that money damages will not provide an adequate remedy to the Company.

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