Excluded issues. The Service will not enter into a PFA on the following types of issues:
Excluded issues. Clause 7.2 does not apply to the following issues of Shares: (a) (consent) an issue with the unanimous approval of HBE and the Founders; or (b) (reorganisation or reconstruction) an issue, which does not dilute the interests of the Shareholders under a bonus issue, sub-division or consolidation of Shares or any other reorganisation or reconstruction of share capital where the Company neither pays nor receives cash.
Excluded issues. This clause 7 does not apply to any Excluded Issue.
Excluded issues. The anti-dilution rights set out in clause 6.1 will not apply to any Commented [SS8]: Anti-dilution clauses are intended to protect investors from subsequent share issues at a lower price than they paid. We think this protection is reasonable but should not apply to securities issued: ▲under employee share schemes that have been approved in advance by the investors, similarly in respect of approved acquisitions and IPOs; ▲under a rights issue, as investors are able to protect their investment by participating in the rights issue and taking advantage of any discount offered (sometimes referred to as “pay to play”). Excluding rights issues from the anti-dilution provision is also an important mechanism for encouraging investors to participate in future rights issues, an important consideration as rights issues are typically undertaken when a company is in critical need of cash from existing shareholders; ▲ as part of a share split or similar, as anti-dilution rights should not apply where the investors’ shareholding % is unaffected by the relevant transaction; and ▲on the exercise of an option or warrant, as any associated anti- dilution rights would have been triggered on the date that those securities were first granted and should not apply again at the time they are exercised.
Excluded issues. The Service generally will not enter into an LMSB PFA on the following types of issues:
Excluded issues. Clause 11 (except clause 11.10) does not apply to the following issues (Excluded Issues):
Excluded issues. Item Description
Excluded issues. Notwithstanding anything express or implied to the contrary in this Agreement, decisions regarding changes to the “Commitments” sections of the Plans and ASTELLAS’ exercise of its right to make the decisions regarding Deployment Issues, Contracting Issues, and Distribution Issues shall not be referable to dispute resolution under Section 3.06(b) nor to any other form of dispute resolution (including without limitation court and, other than as provided in this subsection 3.06(c) for Contract Compliance Disputes, arbitration), except to the extent required to determine whether each Party has acted in accordance with (i.e., has not breached) this Agreement (including without limitation the obligations set forth in this Agreement that it devote (and agree to devote) Diligent Efforts, and the obligations to act consistent with the Basic Development Plan and/or the Basic Commercial Plan) (each a “Contract Compliance Dispute”). Contract Compliance Disputes are referable for dispute resolution under Section 3.06(b). In addition, notwithstanding anything express or implied in this Agreement and absent fraud in connection with any dispute resolution under Section 13.01(c), Patent Resolution Issues remaining unresolved after initial dispute resolution under Section 3.06(a) shall not be referable for dispute resolution under Section 3.06(b), but shall instead be resolved as set forth in Section 13.01(c).
Excluded issues. Workers’ Compensation Claims, any claim involving the construction or application of a benefit plan covered by ERISA, and claims for unemployment benefits are excluded from the FTP. In addition are any non-waivable statutory claims, which may include claims within the jurisdiction of the National Labor Relations Board, wage claims within the jurisdiction of a local or state labor commissioner, or administrative agency charges before the Equal Employment Opportunity Commission or similar local or state agencies, are not subject to exclusive review under the FTP. This means that employees may file such non-waivable statutory claims with the appropriate agency that has jurisdiction over them if they wish, regardless of whether they decide to use the FTP to resolve them. However, if such agency completes its processing of an employee’s claim and the employee decides to pursue further remedies on such claims in a civil action against the Company, the employee must use the FTP (although Steps 1 through 4 may be skipped). In addition, the FTP does not apply to employees covered by a collective bargaining agreement, unless otherwise agreed to by such employees.
Excluded issues. The following issues that may impact the Service are outside the scope of Support under this SLA (“Excluded Issues”): (i) issues arising from or relating to services, applications or products not provided by Harmonic; (ii) custom integration scripts (other than those provided directly or indirectly by Harmonic or any Harmonic Affiliate) that use the Harmonic APIs, unless affected by a change in the Service that had not been previously communicated to Customer by Harmonic with at least seven (7) days’ notice; (iii) issues with sources, satellite feeds, files or other sources related to peripheral equipment outside of, but required for, the operation of the Service , other than any source, feed or file provided directly or indirectly by Harmonic or any Harmonic Affiliate;
