EMI. The authorized capital stock of EMI consists of: (i) 15,000,000 shares of EMI Common Stock, par value $0.01 per share, of which as of the date of this Agreement, there were 7,524,332 shares issued and outstanding; and (ii) 5,000,000 shares of Preferred Stock, par value $.01 per share ("EMI Preferred Stock") of which as of the date of this Agreement there were no shares issued and outstanding. All outstanding shares of EMI Common Stock have been validly issued by EMI and are fully paid, non-assessable and free of preemptive rights. There are no subscriptions, options, warrants, calls, rights, contracts, commitments, understandings or arrangements relating to the issuance, sale or transfer by EMI of any shares of its Capital Stock, including any right of conversion or exchange under any outstanding security or other instrument, except as disclosed in EMI's Registration Statement on Form S-1 (No. 333-09777), or in its Quarterly Reports on Form 10-Q or its current reports on Form 8-K, (all as may have been amended from time to time) filed pursuant to the provisions of the Securities Act of 1933 and/or the Securities Exchange Act of 1934 with the Securities and Exchange Commission.
EMI. As of the date hereof, the authorized capital stock of EMI consists of: (i) 15,000,000 shares of EMI Common Stock, par value $0.01 per share, of which as of the date of this Agreement, there were 7,369,100 shares issued and outstanding as of December 31, 1997; and (ii) 5,000,000 shares of Preferred Stock, par value $.01 per share ("EMI Preferred Stock") of which as of the date of this Agreement there were no shares issued and outstanding. All outstanding shares of EMI Common Stock have been validly issued by EMI and are fully paid, non-assessable and free of preemptive rights. There are no subscriptions, options, warrants, calls, rights, contracts, commitments, understandings or arrangements relating to the issuance, sale or transfer by EMI of any shares of its Capital Stock, including any right of conversion or exchange under any outstanding security or other instrument, except as disclosed in EMI's Registration Statement on Form S-1 (No. 333-09777), or in its Annual Report on Form 10-K, its Quarterly Reports on Form 10-Q or its current reports on Form 8-K, (all as may have been amended from time to time) filed pursuant to the provisions of the Securities Act of 1933 and/or the Securities Exchange Act of 1934 with the Securities and Exchange Commission.
EMI. EMI further represents and warrants that, EMI owns or will obtain the wireless use right license from the original copyright owner of the recordings contained in the Authorized Songs List which will be used in the services hereunder (not including copyrights of clips of such songs), and will therefore pay all relevant fees, royalties and other expenses to third parties (such as the artist, producer and labor union).
EMI. Activities during construction and testing of the system prior to operation, including but not limited to, the use of dc power tools, auxiliary power supplies, and dc testing equipment, are subject to the same criteria for static and xx xxxxxx as for operation described in Appendix C, Section B7. Sound Transit will take precautions during construction, testing and operation of the system to ensure that leakage currents on the system or other conducting paths, including but not limited to, water systems and electric utilities, do not produce fields that exceed the criteria for static and xx xxxxxx described in Appendix C, Section B7.
EMI. 7.1 Sound Transit shall mitigate Electromagnetic Interference (EMI) caused by the operation of its system. Sound Transit has reached substantial agreement with the University with regard to an EMI prevention program and will incorporate this agreement into its bid requirements. Sound Transit includes at Appendix H a general drawing and description of the EMI mitigation program. A monitoring and maintenance plan shall be submitted by Sound Transit to ensure the standard is met.
7.2 Sound Transit will design and construct the system to meet the recommended EMI standards applicable to transportation systems.
7.3 Sound Transit will design and construct the system in a manner that protects occupied space of the Physics/Astronomy Building and of the proposed Life Sciences II and III Buildings from static (less than 1Hz) magnetic-fields. In order to do this, the magnetic flux density (“B field”) due to operation of the Sound Transit system must be no greater than 0.5 milligauss (mG) at the outer wall of the Physics/Astronomy Building, and the “B field” due to operation of the Sound Transit system at the proposed Life Science II and III Buildings must be no greater than 1.0 mG at the closest occupied point.
7.4 Sound Transit will design and construct future expansions and modifications to the system so that the criteria described above for the Physics/Astronomy Building and the proposed Life Sciences II and III Buildings continue to be met.
7.5 Sound Transit, in consultation with the University, will evaluate the EMI on the portion of the University campus north of the segmented section and identify appropriate mitigation. Sound Transit has supplied corrected information to be used in modeling to correct conflicting information and will supply any such information identified in the future.
EMI. EMI further represents, warrants and agrees that (a) in respect of the Authorized Items but expressly excluding (other than as set forth in clause (b) immediately below) the musical compositions embodied therein, EMI has or shall obtain all necessary licenses and consents and shall pay all associated fees, royalties and other amounts due to any interested third parties (e.g., artists, unions) with respect to the Distribution, in accordance with the terms of this Agreement, of the Authorized Items, and (b) in respect of musical compositions embodied in Authorized Items, EMI has or shall obtain and pay for all Publishing Licenses.
EMI. EMI is a collaboration of four major European Grid middleware providers: ARC, dCache, gLite and UNICORE. The initiative aims to deliver a consolidated set of middleware components for deployment in EGI, PRACE and other scientific computing infrastructures. Other goals in EMI are: extending the interoperability with different scientific computing infrastructures, establish a sustainable model to support and evolve the middleware, ensure to remain adherent to the requirements of the scientific communities EMI schedules major releases and some minor updates of middleware products. For each product included in the release there are guarantee of tested features and known issues. Upgrades are deployed as soon as some product evolves or some bugs are fixed. All the software products related to the developments of EMI project are installed to provide reliable services; each of them have a community of users but neither the installations nor the communities have been mapped/recorded by anyone. The number of users or installations of software cannot be estimate. The main approach in EMI project is to reach interoperability of “storage”, not focusing on data management. The solutions provided rely on the common interface implemented in the storage technologies involved in the projects. The storage access approach planned, from compute resource side point of view, is the following: query a registry (GLUE) on available storage service, then negotiate the transfer technology and required space through a storage service, then execute the data access with the negotiated technology. To achieve interoperability between different computing infrastructures, the data federation was not the first scheduled step. The project is in its 2nd year and significant improvements have been achieved in consolidating the computing area, and improvements of data area is gaining attention and resources. The federation of access to data, from user’s point of view, will be reached through the implementation of WebDAV compatible interfaces. The goal is not to federate storage elements together, but allow (on client side) uniform way to browse catalogs, fetch files and be redirected when needed. The actual plan explains that when WebDAV compatible access will be implemented by storage elements then the data federation is reached. The federation of metadata for discovery of contents or the harmonization of different metadata standards is not part of goals of the project. In EMI the problem...
EMI. The authorized capital stock of EMI consists of: (i) 15,000,000 shares of EMI Common Stock, par value $0.01 per share, of which as of the date of this Agreement, there were 6,622,092 shares issued and outstanding and 29,165 shares were held in the treasury of EMI; and (ii) 5,000,000 shares of preferred stock, of par value $ .01 per share ("EMI Preferred Stock") of which as of the date of this Agreement there were no shares issued and outstanding. Since October 29, 1996 there have been no changes in the authorized, issued, outstanding or treasury shares of EMI Common Stock or Preferred Stock. All outstanding shares of EMI Common Stock have been validly issued by EMI and are fully paid, nonassessable and free of preemptive rights. Except for the receipt of 5,652 shares of Common Stock received into treasury and then retired there have been no changes in EMI's outstanding Common Stock since December 31, 1996. There are no subscriptions, options, warrants, calls, rights, contracts, commitments, understandings or arrangements relating to the issuance, sale or transfer by EMI of any shares of its capital stock, including any right of conversion or exchange under any outstanding security or other instrument, except as disclosed in EMI's Registration Statement on Form S-1 (No 333-09777), or in its Quarterly Reports on form 10-Q for the periods ending September 30, 1996 and December 31, 1996, or its current report on Form 8-K filed in January 1997, (all as may have been amended from time to time) filed pursuant to the provisions of the Securities Act of 1933 (the "Act") and or the Securities Exchange Act of 1934 (the "Exchange Act') with the Securities and Exchange Commission ("SEC"), all of such filing being called EMI's SEC Filings.
EMI. Refers to the disclosed Electronic Money Institution (EMI) as outlined in the Merchants Agreement, responsible for providing the services. All Services will be offered by the disclosed Electronic Money Institution (EMI).
