ROME CONVENTION Sample Clauses

ROME CONVENTION. See also section 5.2.2 above. The reader is once again reminded that the Rome Convention is not applicable to bonds and other negotiable instruments. Since Swedish law recognises party Insulation Lenders usually wish to insulate the law applying to the contract from political interference by the borrower’s country.221 Therefore, Swedish law should not be chosen, if the lender wants to be completely certain that the Swedish legislator cannot alter a Swedish borrower’s obligations by a change of law. However, it is submitted that the lender does not have to worry too much about this problem. Sweden is a politically and economically stable country, and the possibility that it would introduce new legislation to protect national debtors is not very likely. Exchange controls, for example, may at present only be introduced if Sweden is engaged in war or at risk of war, or if there are extraordinary circumstances which are induced by war, or risk of war, which Sweden has been engaged in; war outside Sweden’s territory; a serious accident, act of violence, epidemic or the like; or extremely large short-term capital movements.222 There is also a moratorium legislation,223 which, under similar circumstances, may allow a respite for the repayment of debts. However, according to the principle of free movement of capital within the European Union, Sweden is not allowed to impose restrictions on this freedom.224 The prohibition is not only applicable as regards capital movements between member states, but also in relation to third countries. The provision is directly applicable and may thus be relied on by individuals before national courts to render national rules contrary to it inoperative.225 Moreover, when both the parties are Swedish, which they may be even though it is an international transaction, there seem to be no reason why the Swedish legislator would impose regulations that protects the borrower, since that would at the same time hurt another national, namely the lender. One should not be to sure in this respect, though, since politicians sometimes introduce legislation to redistribute assets. It should further be noted that a Swedish court will not enforce a foreign country’s exchange control laws, or any other foreign laws that have a public interest, unless Sweden is obligated thereto by international conventions.226 Even though Sweden is a member of the IMF and has ratified the Bretton Xxxxx Agreement, Article VIII 2(b) is not part of Swedish law. Theref...
AutoNDA by SimpleDocs
ROME CONVENTION. The Rome Convention (as defined in the Contracts (Applicable Law) Act 1990) has the force of law in the United Kingdom by virtue of such Act. Article 3.1 of the Rome Convention provides that a contract shall be governed by the law chosen by the parties. Although the express choice of the laws of the State of New York as the governing law of the Underwriting Agreement is a choice of law within the terms of Article 3.1, the Rome Convention does provide for circumstances where Article 3.1 will not be applicable or will be overridden. In particular:

Related to ROME CONVENTION

  • Cape Town Convention Lessor and Lessee agree:

  • Grammatical Conventions Whenever the context so requires, each pronoun or verb used herein shall be construed in the singular or the plural sense and each capitalized term defined herein and each pronoun used herein shall be construed in the masculine, feminine or neuter sense.

  • Certain Conventions Any reference in this Agreement to an Article, Section, subsection, paragraph, clause, Schedule or Exhibit shall be deemed to be a reference to an Article, Section, subsection, paragraph, clause, Schedule or Exhibit, of or to, as the case may be, this Agreement, unless otherwise indicated. Unless the context of this Agreement otherwise requires, (a) words of any gender include each other gender, (b) words such as “herein”, “hereof”, and “hereunder” refer to this Agreement as a whole and not merely to the particular provision in which such words appear, and (c) words using the singular shall include the plural, and vice versa.

  • Definitions and Conventions Capitalized terms used in the Purchase and Sale Agreement shall have (unless otherwise provided elsewhere therein) the following respective meanings:

  • Certain Uniform Commercial Code Terms As used herein, the terms “Account”, “Chattel Paper”, “Commodity Account”, “Commodity Contract”, “Deposit Account”, “Document”, “Electronic Chattel Paper”, “General Intangible”, “Goods”, “Instrument”, “Inventory”, “Equipment”, “Investment Property”, “Letter-of-Credit Right”, “Money”, “Proceeds”, “Promissory Note”, “Supporting Obligations” and “Tangible Chattel Paper” have the respective meanings set forth in Article 9 of the NYUCC, and the terms “Certificated Security”, “Clearing Corporation”, “Entitlement Holder”, “Financial Asset”, “Indorsement”, “Securities Account”, “Securities Intermediary”, “Security”, “Security Entitlement” and “Uncertificated Security” have the respective meanings set forth in Article 8 of the NYUCC.

  • Omnibus Transparency Services Upon request of the Fund, the Transfer Agent shall carry out certain information requests, analyses and reporting services in support of the Fund’s obligations under Rule 22c-2(a)(2). The parties will agree to such services and terms as stated in the attached schedule (“Schedule 1.1(y)” entitled “Omnibus Transparency Services”) that may be changed from time to time subject to mutual written agreement between the parties.

  • Uniform Commercial Code Terms All terms used herein and defined in the Uniform Commercial Code as adopted in the State of New York from time to time (the “Uniform Commercial Code”) shall have the meaning given therein unless otherwise defined herein. Without limiting the foregoing, the terms “accounts”, “chattel paper”, “commercial tort claims”, “instruments”, “general intangibles”, “goods”, “payment intangibles”, “proceeds”, “supporting obligations”, “securities”, “investment property”, “documents”, “deposit accounts”, “software”, “letter of credit rights”, “inventory”, “equipment” and “fixtures”, as and when used in the description of Collateral shall have the meanings given to such terms in Articles 8 or 9 of the Uniform Commercial Code. To the extent the definition of any category or type of collateral is expanded by any amendment, modification or revision to the Uniform Commercial Code, such expanded definition will apply automatically as of the date of such amendment, modification or revision.

Time is Money Join Law Insider Premium to draft better contracts faster.