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RSC Sample Clauses

RSC. It further contends that the defendants were in fact silent in the face of demands made and that such can be treated as acknowledgment of their indebtedness which is admissible by way of an exception to the rule against hearsay. Promontoria does not seek to, nor could it, rely on the provisions of the Bankers’ Books Evidence Act, 1879 (the “1879 Act”).
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RSC. Holdings hereby agrees that its guaranty under this Article 10 is an absolute ---------- guaranty of payment and is not a guaranty of collection. 105
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RSC. She held that the deponent could and did swear positively to the relevant facts to establish the plaintiff’s claim and did so in her capacity as a “senior relationship manager” within the plaintiff bank who had responsibility for the daily management of the defendants’ loan facilities with the plaintiff. The deponent averred that she made the affidavit with the authority and consent of the plaintiff in order to ground its application for liberty to enter final judgment and that she made the affidavit from facts within her own knowledge and from a perusal of the plaintiff’s books and records which she believed to be true and accurate. Xxxxxx X. noted that those averments were uncontroverted and were sufficient to comply with the requirement in O. 37, r. 1 that the deponent had to swear positively to the relevant facts to establish the plaintiff’s claim. Xxxxxx X. then went on to consider in more detail the terms of the affidavit relied on and, in doing so, also stressed that the deponent was one of the signatories of the letter of demand. Noting again that the averments in the deponent’s affidavit were uncontradicted, Xxxxxx X. found that the plaintiff had made out a prima facie case that the defendants were liable to the plaintiff in the sum claimed. She held that the High Court had been entitled to conclude that, on the basis of the deponent’s affidavit, there was a sufficient evidential basis for granting judgment to the plaintiff.
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RSC. However, given the inclusion of reliefs other than the seeking of judgment for the amount claimed, these proceedings could not have been commenced by way of Summary Summons. It was appropriate to commence by way of Plenary Summons therefore. Having done so, however, the procedures for plenary summons proceedings must be followed and adhered to. Once the defendants entered an appearance in which they called for delivery of a Statement of Claim, a plaintiff before proceeding in any way further was required by Order 20, r.3 RSC to deliver a statement of claim within 21 days of the date of receipt of that appearance. There is nothing in the Rules which makes any provision, even by consent, for the plaintiff to issue and serve a Notice of Motion for liberty to enter final judgment returnable before the Master of the High Court either before delivery of a Statement of Claim or thereafter. It is simply not permissible, and it is surprising indeed that this was not picked up in the Central Office when the plaintiffs’ solicitor was issuing the Notice of Motion…” [Emphasis in original]
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RSC. At SF 1, para 4 the plaintiff explains the reason for the amendments sought – it has come into possession of documents and other information that raise additional issues for determination, including inter alia:
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RSC. Energia shall provide the UCP and the design of the cargo integration on the UCP per SPACEHAB requirements. SPACEHAB has contracted with Daimler-Benz Aerospace ("DASA") of Bremen, Germany, for production of the Keel Yoke Assembly and Engagement Mechanism Assembly, and for integration of the IICC into the Space Shuttle. RSC-Energia is expected to work directly and informally with DASA engineers as required for integration of the UCP into the IICC system. However, all interface specifications, technical direction and contract deliverables under this Letter Agreement shall be dictated solely by SPACEHAB.
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RSC. He states that the proceedings herein are to recover all amounts due to SHI in respect of its interests in and claims relating to Xxxxxx & Co Capital Partners VI LP and Xxxxxx & Co Capital Partners VII LP.
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RSC. However, the second reason combined with the first is, I believe, sufficient to defeat the defendants’ objection to the admissibility of the evidence adduced by Xxxxxxxxxxx on its application for summary judgment. The second reason is as follows. Xx. Xxxxx exhibited to her first affidavit the facility letter of 6th February, 2009 (as amended). She also exhibited the letter of demand of 18th January, 2017 (issued by Xxxxxxxxxxx and signed by a representative of Promontoria) as well as correspondence evidencing the contacts and communications made on behalf of the defendants with Capita on behalf of Promontoria in the period between February/March 2016 and March 2017. Finally, she exhibited copies of the account statements dated 31st May, 2017, in respect of the three accounts referred to in the letter of demand of 18th January, 2017. Significantly, the defendants do not dispute any of those documents. On the contrary, the defendants accept and admit the facility letter of 6th February, 2009 (as amended) and the letter of demand of 18th January, 2017. Xx. Xxxxxxxx, the second named defendant, referred to and exhibited the facility letters of 6th February, 2009 and 17th February, 2009, at exhibits “JD1” and “JD2” to his affidavit of 18th June, 2017. He did so for the purpose of contending that if he and Xx. Xxxxxxx are indebted to Promontoria in the sum claimed, Xxxxxxxxxxx’s proceedings are statute barred. To make that point he exhibited the two facility letters to his affidavit. Xx. Xxxxx made it clear in the affidavit which he swore on 22nd June, 2017, that he was supportive of and was also relying upon that affidavit sworn by Xx. Xxxxxxxx. Xx. Xxxxxxxx also referred to and exhibited to his affidavit (at exhibit “JD3”) the letter of demand issued by Xxxxxxxxxxx on 18th January, 2017. While exhibiting these documents and not disputing their existence or validity as documents, the defendants maintain that the facility letter of 6th February, 2009 (as amended) does not reflect the full agreement which they reached with the defendants. However, in my view, the fact that the defendants seek to contend that the facility letter of 6th February, 2009 (as amended), did not reflect the full agreement between the parties does not undermine the admissibility of those letters and other documents in circumstances where they have been referred to, described and exhibited in an affidavit sworn by one of the defendants on his behalf and on behalf of another defendant and c...
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Related to RSC

  • PORTFOLIO HOLDINGS The Adviser will not disclose, in any manner whatsoever, any list of securities held by the Portfolio, except in accordance with the Portfolio’s portfolio holdings disclosure policy.

  • Acquisition Corp Acquisition Corp. is a wholly-owned Delaware subsidiary of Parent that was formed specifically for the purpose of the Merger and that has not conducted any business or acquired any property, and will not conduct any business or acquire any property prior to the Closing Date, except in preparation for and otherwise in connection with the transactions contemplated by the Merger Documents and the other agreements to be made pursuant to or in connection with the Merger Documents.

  • Holdings Holdings shall not engage in any material operating or business activities; provided that the following and any activities incidental thereto shall be permitted in any event: (1) its ownership of the Equity Interests of the Borrower and its other Subsidiaries, including receipt and payment of Restricted Payments and other amounts in respect of Equity Interests, (2) the maintenance of its legal existence (including the ability to incur and pay, as applicable, fees, costs and expenses and Taxes relating to such maintenance) and the payment of any tax distributions pursuant to Section 7.05(2)(n)(ii)), (3) the performance of its obligations with respect to the Transactions, the Acquisition Agreement, the Loan Documents and any other documents governing Indebtedness permitted hereby, (4) any public offering of its common equity or any other issuance, registration or sale of its Equity Interests, (5) financing activities, including the issuance of securities, incurrence of debt, receipt and payment of dividends and distributions, making contributions to the capital of its Subsidiaries and guaranteeing the obligations of the Borrower and its other Subsidiaries, (6) if applicable, participating in Tax, accounting and other administrative matters on behalf of itself or as a member of any Tax Group and the provision of administrative and advisory services (including treasury and insurance services) to its Subsidiaries of a type customarily provided by a holding company to its Subsidiaries, (7) holding any cash or property (but not operate any property), (8) providing indemnification to officers and directors, (9) merging, amalgamating or consolidating with or into any Person (in compliance with Section 7.03), (10) repurchases of Indebtedness through open market purchases and Dutch auctions, (11) activities incidental to Permitted Acquisitions or similar Investments consummated by the Borrower and the Restricted Subsidiaries, including the formation of acquisition vehicle entities and intercompany loans and/or Investments incidental to such Permitted Acquisitions or similar Investments, (12) any transaction with the Borrower and/or any Restricted Subsidiary to the extent expressly permitted under this Article VII, and (13) any activities incidental or reasonably related to the foregoing.

  • Europe Europe refers to the following countries: Germany, Andorra, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, Metropolitan France, Gibraltar, Hungary, Greece, Ireland, Italy and Islands, Liechtenstein, Latvia, Lithuania, Luxembourg, Malta, Principality of Monaco, Norway, Netherlands, Poland, Portugal, Romania, United Kingdom, Slovakia, Slovenia, Czech Republic, San Marino, Sweden and Switzerland. Illness, injury or death during covered travel. ✓ Cancellation ✓ Late arrival ✓ Interruption of stay ✓ Forgotten item ✓ Replacement vehicle The assistance services covered by this agreement can only be triggered with prior approval from MUTUAIDE ASSISTANCE. As a result, no expenditure made under the authority of the Beneficiaries may be reimbursed by MUTUAIDE ASSISTANCE. Portion of the loss left to be paid by the Insured provided for in the policy in the event of indemnity following a loss. The excess can be expressed as an amount, percentage, in days, hours, or kilometres. “Long-haul” refers to travel to countries not listed in the “Medium-haul” definition.

  • Healthcare Matters (a) The Company and its Subsidiaries are, and have been since December 31, 2018, in material compliance with applicable Healthcare Laws. Since December 31, 2018, there is and has been no Actions by or before any Governmental Entity pending or to the Knowledge of the Company, threatened by any other Person against the Company or its Subsidiaries with respect to any alleged violation of, or non-compliance with, any Healthcare Laws. (b) Neither the Company nor its Subsidiaries nor any of their respective owners, directors, officers, managers, managing employees (as such term is defined in 42 U.S.C. § 1320a-5(b)), other personnel (whether employees or independent contractors), vendors, representatives, subcontractors, or agents has been, or is currently: (i) suspended, excluded or debarred from any Governmental Health Program or, threatened with or currently subject to an investigation or proceeding that could result in suspension, exclusion or debarment from any Governmental Health Program; (ii) subject to a civil monetary penalty or civil investigative demand, sanctioned or convicted of a crime, or pled nolo contendere or to sufficient facts, in connection with any allegation of violation of any Governmental Health Program requirement or Healthcare Law; (iii) listed on the General Services Administration published list of parties excluded from federal procurement programs and non-procurement programs; or (iv) party to any corporate integrity agreement or subjected to reporting obligations pursuant to any deferred prosecution agreement, consent decree, settlement, integrity agreement, corrective action plan or other similar obligation, Order, or agreement with any Governmental Entity. (c) Neither the Company nor any of its Subsidiaries has engaged in an activity that involves the coding of medical claims, the submission of medical claims, the receipt or sharing of professional medical collections, or clinical decision support. (d) Since December 31, 2018, neither the Company nor any of its Subsidiaries has been, and presently is not, subject to HIPAA as a “covered entity” or “business associate” (each as defined in HIPAA), and neither the Company, any of its Subsidiaries, nor to the Knowledge of the Company, any of their directors, officers, employees or independent contractors acting on behalf of the Company or any of its Subsidiaries, has ever used, disclosed, created, received, maintained, accessed, or transmitted “protected health information” (as defined in HIPAA) to conduct its business, except for incidental receipt or viewing of PHI in which no PHI was retained by the Company or any of its Subsidiaries.

  • Executive Management The Contractor agrees to have an executive management function with clear authority over all the administrative functions noted herein.

  • Sports related devices, services and medications used to affect performance primarily in sports- related activities; all expenses related to physical conditioning programs such as athletic training, bodybuilding, exercise, fitness, flexibility, and diversion or general motivation.

  • Care Management The Contractor’s protocol for referring members to care management shall be reviewed by OMPP and shall be based on identification through the health needs screening or when the claims history suggests need for intervention. In addition to population-based disease management educational materials and reminders, these members should receive more intensive services. Members with newly diagnosed conditions, increasing health services or emergency services utilization, evidence of pharmacy non-compliance for chronic conditions and identification of special health care needs should be strongly considered for case management. Care management services include direct consumer contacts in order to assist members with scheduling, location of specialists and specialty services, transportation needs, 24-Hour Nurse Line, general preventive (e.g. mammography) and disease specific reminders (e.g. Xxx X0X), pharmacy refill reminders, tobacco cessation and education regarding use of primary care and emergency services. The Contractor shall make every effort to contact members in care management telephonically. Materials should also be delivered through postal and electronic direct-to-consumer contacts, as well as web-based education materials inclusive of clinical practice guidelines. Materials shall be developed at the fifth grade reading level. All members with the conditions of interest shall receive materials no less than quarterly. The Contractor shall document the number of persons with conditions of interest, outbound telephone calls, telephone contacts, category of intervention, intervention delivered, mailings and website hits. Care management shall be coordinated with the Right Choices Program for members qualifying for the Right Choices Program. However, the Right Choices Program is not a replacement for care management.

  • Cornerstone shall use its best efforts to register or qualify such shares under such other securities or "blue sky" laws of such jurisdictions as the LLC reasonably requests and do any and all other acts and things which may be reasonably necessary or advisable to enable the LLC to consummate the disposition in such jurisdictions of the Registered Shares (provided that Cornerstone shall not be required to (i) qualify generally to do business in any jurisdiction in which it would not otherwise be required to qualify but for this Section 6.9, (ii) subject itself to taxation in any such jurisdiction, or (iii) consent to general service of process in any such jurisdiction).

  • Western LONDON agrees that it will keep records relating to its services hereunder in accordance with all applicable laws, and in compliance with the requirements of Rule 31a-3 under the 1940 Act, WESTERN LONDON hereby agrees that any records that it maintains for the Fund are the property of the Fund, and further agrees to surrender promptly to the Fund any of such records upon the Fund’s request. WESTERN LONDON further agrees to arrange for the preservation of the records required to be maintained by Rule 31a-1 under the 1940 Act for the periods prescribed by Rule 31a-2 under the 1940 Act. (a) WESTERN LONDON, at its expense, shall supply the Board, the officers of the Fund, Xxxx Xxxxx Partners Fund Advisor, LLC and the Subadviser with all information and reports reasonably required by them and reasonably available to WESTERN LONDON relating to the services provided by WESTERN LONDON hereunder. (b) WESTERN LONDON shall bear all expenses, and shall furnish all necessary services, facilities and personnel, in connection with its responsibilities under this Agreement. Other than as herein specifically indicated, WESTERN LONDON shall not be responsible for the Fund’s expenses, including, without limitation, advisory fees; distribution fees; interest; taxes; governmental fees; voluntary assessments and other expenses incurred in connection with membership in investment company organizations; organization costs of the Fund; the cost (including brokerage commissions, transaction fees or charges, if any) in connection with the purchase or sale of the Fund’s securities and other investments and any losses in connection therewith; fees and expenses of custodians, transfer agents, registrars, independent pricing vendors or other agents; legal expenses; loan commitment fees; expenses relating to share certificates; expenses relating to the issuing and redemption or repurchase of the Fund’s shares and servicing shareholder accounts; expenses of registering and qualifying the Fund’s shares for sale under applicable federal and state law; expenses of preparing, setting in print, printing and distributing prospectuses and statements of additional information and any supplements thereto, reports, proxy statements, notices and dividends to the Fund’s shareholders; costs of stationery; website costs; costs of meetings of the Board or any committee thereof, meetings of shareholders and other meetings of the Fund; Board fees; audit fees; travel expenses of officers, members of the Board and employees of the Fund, if any; and the Fund’s pro rata portion of premiums on any fidelity bond and other insurance covering the Fund and its officers, Board members and employees; litigation expenses and any non-recurring or extraordinary expenses as may arise, including, without limitation, those relating to actions, suits or proceedings to which the Fund is a party and the legal obligation which the Fund may have to indemnify the Fund’s Board members and officers with respect thereto.

Most Referenced Clauses

Most Referenced Definitions