for 1998 Sample Clauses

for 1998. Cost Equalization calculations will be determined by each party for 4Q98 (approximating the period October 1, 1998 through December 31, 1998) according to each party's fiscal calendar. Each party's allowable costs associated with 1998 Projects will be estimated and reported to the other party by December 3, 1998 for fiscal 4Q98. This date is established to accommodate each party's financial reporting for fiscal year-end 1998. 4Q98 actual costs will be determined according to the Cost Equalization determination timelines established for 1999 and subsequent years in section 1.5.2 below and payment of the difference between 4Q98 actual costs and 4Q98 estimated costs will occur according to this schedule. The determination, estimation, and reporting of allowable costs by both parties will be dependent on Statements of Work for the Projects. These Statements of Work will be developed retroactive to October 1, 1998 through each party's fiscal year-end 1998, presented by the Program Managers to the Executive Board and approved by the Executive Board by December 3, 1998. The 4Q98 Cost Equalization payment will be due on December 31, 1998 via electronic funds transfer as defined in section 1.5.2 below. Time is of the essence for the receipt of this payment. The parties agree to establish a Statement of Work by quarter through its completion for each Project continuing into 1999 and for any Project that will commence in 1999 and gain approval for each Statement of Work prior to the beginning of 1999. The parties agree that this does not preclude the addition of new Projects during 1999.
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for 1998 for contract years 1-4, the minimum total payment for components (a),(b),(c) & (f) under the Recruiting Allowance will be 30%; for contract year 5, the base will be 15% instead of 3% and component (b) is deleted; for contract year 6, the base will be 10% and component (c) from contract year 5 is added.
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for 1998. If you do not want to participate in the ESSP, please check the area indicating so in Section A. Print Name____________________________Social Security Number___________________
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for 1998. This increase was primarily as a result of increased collection efforts. The inventory turnover ratio for 1999 was 1.91 compared to 1.84
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for 1998. The Company believes its reserves for inventory and accounts receivables are adequate. Certain geographic markets in which the Company does business have recently experienced political, economic and currency instability. In order to minimize risk, the Company maintains credit insurance for the majority of its international accounts receivable, and all sales are denominated in U.S. dollars to minimize currency fluctuation risk. Because of the volume of business transacted by the Company internationally, continuation or recurrence of such unrest or instability could adversely affect the business of its customers in those countries and the Company's ability to collect its receivables from such customers, which, in either case, could materially adversely affect the Company's future operating results. The Company used $1,007,000 in 1999 for investing activities compared to $633,000 in 1998. The increase was primarily due to an increase in capital expenditures for the Company's manufacturing operations. Factors Which May Affect Future Results The industry segments in which the Company competes are subject to intense competitive pressures. The following sets forth some of the risks which the Company faces. Highly Leveraged and Debt Covenant Compliance The ability of the Company to repay the Overadvance and the Series C Notes pursuant to the June, 2000, amendments to the Company's debt agreements is dependent upon the consummation of the Vineland Sale or another similar transaction on or before September 22, 2000. There can be no assurance that the Company will be successful in doing so. Further, in connection with the June, 2000 amendments to the Company's debt agreements, the Company reclassified its long-term debt, outstanding as of December 31, 1999 as short-term debt. In response these events, the Company's independent accountants have determined that substantial doubt exists about the Company's ability to continue as a going concern. Even if the Vineland Sale is timely consummated and the Overadvance and Series C Notes are timely repaid, the Company is very highly leveraged and subject to restrictive covenants and restraints which are contained in its Senior Debt Agreement, as amended, and its Subordinated Debt Agreement, as amended. The debt agreements contain various affirmative and negative covenants, such as requirements to achieve minimum tangible net worth and minimum fixed charge coverage ratios. Furthermore, the Company's available borrowings under t...
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Related to for 1998

  • Sxxxxxxx-Xxxxx Act of 2002 Notwithstanding anything herein to the contrary, if the Company determines, in its good faith judgment, that any transfer or deemed transfer of funds hereunder is likely to be construed as a personal loan prohibited by Section 13(k) of the Exchange Act and the rules and regulations promulgated thereunder, then such transfer or deemed transfer shall not be made to the extent necessary or appropriate so as not to violate the Exchange Act and the rules and regulations promulgated thereunder.

  • Xxxxxxx Rule The Issuer is structured not to be a “covered fund” under the regulations adopted to implement Section 619 of the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act, commonly known as the “Xxxxxxx Rule.”

  • Xxxxxxxx-Xxxxx Act of 2002 Notwithstanding anything herein to the contrary, if the Company determines, in its good faith judgment, that any transfer or deemed transfer of funds hereunder is likely to be construed as a personal loan prohibited by Section 13(k) of the Exchange Act and the rules and regulations promulgated thereunder, then such transfer or deemed transfer shall not be made to the extent necessary or appropriate so as not to violate the Exchange Act and the rules and regulations promulgated thereunder.

  • Xxxxxx Act Any provisions required to be contained in this Agreement by Section 126 and/or Section 130-k or Article 4-A of the New York Real Property Law are hereby incorporated herein, and such provisions shall be in addition to those conferred or imposed by this Agreement; provided, however, that to the extent that such Section 126 and/or 130-k shall not have any effect, and if said Section 126 and/or Section 130-k should at any time be repealed or cease to apply to this Agreement or be construed by judicial decision to be inapplicable, said Section 126 and/or Section 130-k shall cease to have any further effect upon the provisions of this Agreement. In a case of a conflict between the provisions of this Agreement and any mandatory provisions of Article 4-A of the New York Real Property Law, such mandatory provisions of said Article 4-A shall prevail, provided that if said Article 4-A shall not apply to this Agreement, should at any time be repealed, or cease to apply to this Agreement or be construed by judicial decision to be inapplicable, such mandatory provisions of such Article 4-A shall cease to have any further effect upon the provisions of this Agreement.

  • Xxxxxxx Xxxxxxx/Market Abuse Laws You acknowledge that, depending on your country or broker’s country, or the country in which Common Stock is listed, you may be subject to xxxxxxx xxxxxxx restrictions and/or market abuse laws in applicable jurisdictions, which may affect your ability to accept, acquire, sell or attempt to sell, or otherwise dispose of the shares of Common Stock, rights to shares of Common Stock (e.g., RSUs) or rights linked to the value of Common Stock, during such times as you are considered to have “inside information” regarding the Company (as defined by the laws or regulations in applicable jurisdictions, including the United States and your country). Local xxxxxxx xxxxxxx laws and regulations may prohibit the cancellation or amendment of orders you placed before possessing inside information. Furthermore, you may be prohibited from (i) disclosing insider information to any third party, including fellow employees and (ii) “tipping” third parties or causing them to otherwise buy or sell securities. Any restrictions under these laws or regulations are separate from and in addition to any restrictions that may be imposed under any applicable Company xxxxxxx xxxxxxx policy. You acknowledge that it is your responsibility to comply with any applicable restrictions, and you should speak to your personal advisor on this matter.

  • Data Protection All personal data contained in the agreement shall be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the EU institutions and bodies and on the free movement of such data. Such data shall be processed solely in connection with the implementation and follow-up of the agreement by the sending institution, the National Agency and the European Commission, without prejudice to the possibility of passing the data to the bodies responsible for inspection and audit in accordance with EU legislation (Court of Auditors or European Antifraud Office (XXXX)). The participant may, on written request, gain access to his personal data and correct any information that is inaccurate or incomplete. He/she should address any questions regarding the processing of his/her personal data to the sending institution and/or the National Agency. The participant may lodge a complaint against the processing of his personal data with the [national supervising body for data protection] with regard to the use of these data by the sending institution, the National Agency, or to the European Data Protection Supervisor with regard to the use of the data by the European Commission.

  • Compliance with Xxxxxxxx-Xxxxx Act of 2002 The Company has taken all necessary actions to ensure that, upon the effectiveness of the Registration Statement, it will be in compliance with any provision applicable to it of the Xxxxxxxx-Xxxxx Act of 2002 (the “Xxxxxxxx-Xxxxx Act”) and the rules and regulations promulgated in connection therewith, including, without limitation, Section 402 related to loans and Sections 302 and 906 related to certifications of the Xxxxxxxx-Xxxxx Act.

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