Corporations Act Clause Samples
The 'Corporations Act' clause defines the application of the relevant national legislation governing companies and corporate activities within the agreement. This clause typically clarifies that references to the Corporations Act pertain to the specific act in force, such as the Australian Corporations Act 2001, and may specify how terms or obligations in the contract align with statutory requirements. By doing so, it ensures that the parties understand which legal framework applies to their corporate rights and responsibilities, thereby promoting legal certainty and compliance with mandatory corporate law provisions.
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Corporations Act. This clause 4 is intended to operate as a "debt subordination" (as defined in section 563C(2) of the Corporations Act) by each Junior Creditor.
Corporations Act. If this Agreement provides for any payment(s) or benefit(s) (including without limitation the Severance Benefits under clause 16.6 or 16.7) that is or are (whether alone or in conjunction with any other payments or benefits):
(a) greater than permitted under the Corporations Act without the need to obtain any form of shareholder approval;
(b) not permitted under the Corporations Act, then such payment or benefit will be reduced to the greatest amount permitted (if any) either: Employment agreement | page 27 ME_182973245_1 247987818 v8
(c) without the need for such shareholder approval; or
(d) by the Corporations Act, as appropriate. The Company may, in its absolute discretion, apportion such a reduction between any one or more payments or benefits under this Agreement and there will be no obligation on the Company to seek shareholder approval in respect of the balance of any such payment or benefit.
Corporations Act. The Company is not prevented by Chapter 2E or Chapter 2J or any other provision of the Corporations Act from entering into and performing any Loan Document to which it is expressed to be a party.
Corporations Act. Any offer to a Participant who is resident in Australia for tax, labour or securities law purposes to participate in the Plan is made under Division 1A of Part 7.12 of the Corporations Act 2001 (Cth).
Corporations Act. The offer to participate in the Plan is made in reliance of Division 1A of Part 7.12 of the Corporations Act 2001 (Cth).
Corporations Act. (a) Notwithstanding any provision of this Agreement, but subject to this clause 17, the Company is not required to pay or provide, or procure the payment or provision of, any monies or benefits to the Employee which it is not permitted to pay or provide under the provisions of Part 2D.2, Division 2 of the Corporations Act without obtaining shareholder approval.
(b) To the extent that this Agreement requires any such payments or benefits to be provided to the Employee, the Company will take all necessary steps to seek shareholder approval for the payment or provision of those monies and/or benefits to the Employee.
(c) If shareholder approval for the payment or provision of the monies and/or benefits to the Employee is not obtained, those payments and/or benefits must be reduced to the extent required to ensure compliance with this clause and the Corporations Act.
(d) In the event that the Company pays or provides any monies or benefits to the Employee in excess of the amount permitted to be paid or provided to the Employee under the Corporations Act without shareholder approval, the Employee must, on receiving written notice from the Company, immediately repay or return those monies or benefits to the Company.
Corporations Act. The Trustee's right of indemnity and any limitation on the Trustee's liability under the Transaction Documents is subject to the Corporations Act.
Corporations Act. 3.1 The Subscriber is a ‘sophisticated’ or ‘professional’ investor for the purposes of section 708 of the Corporations Act.
3.2 No disclosure document has been prepared for the purposes of the Corporations Act, or the relevant companies law in any other jurisdiction, in connection with the offer of the Subscription Shares to the Subscriber.
3.3 This Agreement does not constitute a securities recommendation to or financial product advice for the Subscriber and the Company has not considered the Subscriber’s particular objectives, financial situation and needs.
3.4 The Subscriber will be bound by the Constitution.
Corporations Act. No Group Member will:
(a) enter into any arrangement or agreement;
(b) apply any of the Advances for a purpose; or
(c) do or omit to do anything, which could breach or directly or indirectly result in a breach of the Corporations Act (including Chapter 2E or 2J.3 of the Corporations Act) or similar legislation in other relevant jurisdictions.
Corporations Act. The term “Corporations Act” shall mean the Florida Business Corporation Act, Section 607.0101, et. seq., Florida Statutes, as the same may be amended from time to time.