THE RESPONDENTS Sample Clauses
THE RESPONDENTS. Respondent OCEMA is a District of Columbia non-profit corporation established pursuant to FMC Agreement No. 011284, effective July 6, 1990, and the latest version of which is No. 011284-81, effective July 6, 2020. OCEMA’s business address is ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇.▇., ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇. According to its website: OCEMA is an association of major U.S. and foreign flag international ocean common carriers. OCEMA provides a forum for its members to discuss, evaluate and reach agreement with respect to matters pertaining to the interchange, transportation, use and operation of carrier equipment in the U.S. Included in its scope are equipment-related operational, safety, and regulatory activities such as participation in industry forums, educational sessions, regulatory proceedings and legislative matters. OCEMA members operate worldwide and serve all major U.S. ports and inland locations, moving cargoes primarily in containers. As a regular part of intermodal transportation services provided to U.S. manufacturers, importers, retailers and others, OCEMA members interchange cargo to be carried to and from U.S. inland locations via motor carriers and railroads. An essential element of these inland operations involves the movement of containers on intermodal chassis and rail cars. OCEMA, ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/about.html. ▇▇▇▇▇’s “Senior Steering Committee is comprised of Senior representatives from each OCEMA member line and is the primary forum for high level policy discussions”; ▇▇▇▇▇’s Executive Committee serves as its board of directors. OCEMA reaches agreements on policies relating to the operation of Chassis Pools, and communicates these operating instructions to any entity formed to own or operate a Chassis Pool. OCEMA’s website reports that its members are responsible for 80 percent of global container traffic. Respondent’s email address is ▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇.
THE RESPONDENTS. 1. Respondent Fresenius AG is a corporation organized, existing and doing business under and by virtue of the laws of Germany with its office and principal place of business located at ▇▇▇▇▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇/▇▇, ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇.
2. Respondent Fresenius USA, Inc. is a corporation organized, existing and doing business under and by virtue of the laws of Massachusetts with its principal place of business located at ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ 94598.
3. At all times relevant herein, the Respondents (collectively "Fresenius") have been, and are now, engaged in commerce as "commerce" is defined in Section 4 of the Federal Trade Commission Act (15 U.S.C. § 44) and Section 1 of the ▇▇▇▇▇▇▇ Act (15 U.S.C. § 12), and are corporations whose business is in or affecting commerce as defined in Section 4 of the Federal Trade Commission Act (15 U.S.C. § 44).
THE RESPONDENTS. The Respondents (“HMRC”) are responsible for the collection and management of VAT in the United Kingdom.
THE RESPONDENTS. 6.1 The First Respondent, ▇▇ ▇▇▇▇▇▇▇▇ (达声蔚), is a citizen of the People’s Republic of China (“China” or the “PRC”) with his ID card number of ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇ and ID card residence at Room 2201, No. 10, Ding Xiang Road 1599 Nong, Pudong New District, Shanghai (上海市浦东新区丁香路 ▇▇▇▇ 弄 ▇▇ 号 ▇▇▇▇ 室). The contact details of the First Respondent as per Section 17.4 and Exhibit A of the Investors’ Agreement are as below: Address: 6 Floor, Building E, No. 2889, Jinke Road, Pudong, Shanghai, PRC (上海市浦东新区金科路 ▇▇▇▇ 号长泰广场 ▇ 座 ▇ 楼) Telephone: +▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇ Fax: +▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇*19
6.2 The Second Respondent, ▇▇▇▇ ▇▇ (宋烨), is a citizen of the PRC with her ID card number of 422423197504200064 and ID card residence at No. 19, Qian Xi Wa Chang Hu Tong, Xicheng District, Beijing (北京市西城区前细瓦厂胡同 ▇▇ 号). The contact details of the Second Respondent as per Section 17.4 and Exhibit A of the Investors’ Agreement are as below: Address: 6 Floor, Building E, No. 2889, Jinke Road, Pudong, Shanghai, PRC (上海市浦东新区金科路 ▇▇▇▇ 号长泰广场 ▇ 座 ▇ 楼) Telephone: +▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇ Fax: +▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇*19
6.3 The Third Respondent, Yi Technology Inc., is a company incorporated and existing under the Laws of the Cayman Islands, with its registered office at Corporate Filing Services Ltd., P.O. Box 61, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, Grand Cayman KY1-1102, Cayman Islands. The contact details of the Third Respondent as per Section 17.4 and Exhibit A of the Investors’ Agreement are as follows: Address: 6 Floor, Building E, No. 2889, Jinke Road, Pudong, Shanghai, PRC (上海市浦东新区金科路 ▇▇▇▇ 号长泰广场 ▇ 座 ▇ 楼) Telephone: +▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇ Fax: +▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇*19 Attention: ▇▇▇ ▇▇▇▇▇ (鲍立慧)
6.4 The Fourth Respondent, ▇▇▇▇▇ ▇▇▇▇▇▇▇ (Shanghai) Information Technology Co. Ltd. (云蚁智联（上海）信息技术有限公司), formerly known as Shanghai Xiaoyi Technology Co. Ltd. (上海小蚁科技有限公司), is a limited liability company incorporated and existing under the Laws of the PRC, with its registered office at No. 18, Chuan He Road 55 Nong, No. 366, Shang Ke Road, China (Shanghai) Pilot Free Trade Zone (中国（上海）自由贸易试验区上科路 366 号、川和路 55 弄 18 号). The contact details of the Fourth Respondent as per Section 17.4 and Exhibit A of the Investors’ Agreement are as below: Address: 6 Floor, Building E, No. 2889, Jinke Road, Pudong, Shanghai, PRC (上海市浦东新区金科路 ▇▇▇▇ 号长泰广场 ▇ 座 ▇ 楼) Telephone: +▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇ Fax: +▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇*19 Attention: ▇▇▇ ▇▇▇▇▇ (鲍立慧)
6.5 The Fifth Respondent, Shanghai Yunyi Technology Co., Ltd. (上海云蚁科技有限公司) is a limited liability company inco...
THE RESPONDENTS. 15. Upon information and belief, Respondent Evergreen Marine Corp. (Taiwan) Ltd. is a company existing under the laws of Taiwan with a principal place of business located at ▇-▇▇., ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, and is a vessel-operating “ocean common carrier” as that term is defined by 46 U.S.C. Section 40102(18) with FMC organization number 001262.
16. Upon information and belief, Respondent Italia Marittima SpA is a company existing under the laws of Italy with a principal place of business located at ▇▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, 4-34123, Trieste, Italy, and is a vessel-operating “ocean common carrier” as that term is defined by 46 U.S.C. Section 40102(18) with FMC organization number 020013.
17. Upon information and belief, Respondent Evergreen Marine (UK) Ltd. is a company existing under the laws of the United Kingdom with a principal place of business located at Evergreen House, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇ U.K., and is a vessel- operating “ocean common carrier” as that term is defined by 46 U.S.C. Section 40102(18) with FMC organization number 020776.
18. Upon information and belief, Respondent Evergreen Marine (Hong Kong) Ltd. is a company existing under the laws of Hong Kong with a principal place of business located at 22-
19. Upon information and belief, Respondent Evergreen Marine (Singapore) Pte. Ltd. is a company existing under the laws of Singapore with a principal place of business located at ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, #▇▇-▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇, and is a vessel-operating “ocean common carrier” as that term is defined by 46 U.S.C. Section 40102(18) with FMC organization number 022005.
20. The foregoing Respondents, along with Evergreen Marine (Asia) Pte. Ltd. (a vessel-operating “ocean common carrier” as that term is defined by 46 U.S.C. Section 40102(18) with FMC organization number 029054), together form the Respondent Evergreen Line Joint Service Agreement, FMC No. 011982, and together do business as Evergreen Line. Evergreen Line Joint Service Agreement is itself a vessel-operating “ocean common carrier” as that term is defined by 46 U.S.C. Section 40102(18) with FMC organization number 020775.
THE RESPONDENTS. Respondent Casey’s, a publicly traded company headquartered in Ankeny, Iowa, owns and operates roughly 2,200 retail fuel outlets and convenience stores in 16 Midwestern states, primarily Iowa, Missouri and Illinois. Casey’s convenience stores operate under the Casey’s name, and its retail fuel outlets sell under unbranded fuel banners. Respondent ▇▇▇▇▇’s is a family-owned chain of retail fuel outlets and convenience stores headquartered in Omaha, Nebraska. It has approximately 170 stores in its network, including 94 company-operated sites, and currently operates the largest chain of convenience stores in the Omaha metro area, under the Bucky’s name, with additional stores in Chicago, Illinois. Bucky’s retail fuel outlets sell under a variety of third-party branded and unbranded fuel banners.
THE RESPONDENTS. 1. Respondent Class Rings, Inc., a corporation formed and controlled by ▇▇▇▇▇▇ ▇▇▇▇▇▇ Partners II, L.P., is a corporation organized, existing, and doing business under and by virtue of the laws of the State of Delaware with its office and principal place of business located at ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇.
2. Respondent ▇▇▇▇▇▇ ▇▇▇▇▇▇ Partners II, L.P. (“▇▇▇▇▇▇ ▇▇▇▇▇▇”) is a limited partnership organized, existing, and doing business under and by virtue of the laws of the State of Delaware with its office and principal place of business located at ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇ is a venture capital partnership organized by ▇▇▇▇▇▇ ▇▇▇▇▇▇, Inc., a New York-based investment firm.
3. Respondent Town & Country Corporation is a corporation organized, existing, and doing business under and by virtue of the laws of the Commonwealth of Massachusetts with its office and principal place of business located at ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇.
4. At all times relevant herein, all respondents have been and are now engaged in commerce as “commerce” is defined in Section 1 of the ▇▇▇▇▇▇▇ Act, 15 U.S.C. § 12, and are partnerships or corporations whose business or practices are in or affecting commerce as “commerce” is defined in Section 4 of the Federal Trade Commission Act, as amended, 15 U.S.C. § 44.
THE RESPONDENTS. 4. KPMG and ▇▇ ▇▇▇▇▇▇ are respectively a member firm and a member of the Institute of Chartered Accountants in England and Wales (“ICAEW”).
5. KPMG, or its predecessor firms, was the Co-op Bank’s auditor from the Co-op Bank’s incorporation in 1970 up to and including the financial year ending 31 December 2013.
6. ▇▇ ▇▇▇▇▇▇ qualified as a Chartered Accountant on 1 August 1993. In 2009 he was an audit and transactions services partner based in KPMG’s Manchester and Leeds offices. ▇▇ ▇▇▇▇▇▇ was KPMG’s ‘Engagement Partner’ for the 2009 Audit. The Engagement Partner is the person in the firm who is responsible for the audit engagement and its performance, and for the auditor’s report that is issued on behalf of the firm.
7. An audit involves obtaining “audit evidence” about the amounts and disclosures in financial statements sufficient to give reasonable assurance that the financial statements are free from material misstatement, whether caused by fraud or error. Audit evidence is “information used by the auditor in arriving at the conclusions on which the auditor’s opinion is based”. Audit evidence is primarily obtained from audit procedures performed during the course of the audit. For the purposes of the 2009 Audit, KPMG calculated the level at which a misstatement in the financial statements would be material as £7.2 million.
8. The Respondents’ statutory responsibility in performing the 2009 Audit was to form an opinion as to whether the Co-op Bank’s financial statements showed a true and fair view and had been properly prepared in accordance with the applicable accounting standards and the Companies Act 2006.
9. The 2009 Financial Statements and KPMG’s audit opinion were signed on 17 March 2010.
THE RESPONDENTS. A. The Corporate Respondents
7. None of the corporate respondents were registered with the Commission in any capacity during the Material Time.
8. AIRC is an Ontario company incorporated on February 12, 2007. AIRC employs Agoracom representatives and contracts with clients to provide investor relations services.
9. AIEC is an Ontario company incorporated on April 23, 1997. Revenue from Agoracom gets reported to AIEC.
10. Together, AIRC and AIEC carry on business in Toronto, Ontario as “Agoracom” and perform the business of an online investor relations firm for public companies whose securities are publicly listed in Canada.
THE RESPONDENTS. Big Pot game is marketed under a similar colour scheme to that contained in the Cash Pot trade marks and the Cash Pot logo and that used by the Applicant in their marketing being green and yellow featuring gold pots;