ULTRA XXXXX Sample Clauses

ULTRA XXXXX. The Companies are empowered and duly qualified to carry on business in all jurisdictions in which their present businesses are now carried on and have not entered into any ultra xxxxx transaction.
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ULTRA XXXXX. On reconsideration, Xxxxx contends that when the Tax Tribunal exceeded its jurisdiction, its act was ultra xxxxx and therefore void rather than voidable. We note that Xxxxx did not raise this argument in his original brief on appeal but, because it is an extension of his argument regarding the Tax Tribunal’s authority, we will address it here briefly in the interests of completeness. Put simply, “ultra xxxxx” means “beyond the scope of power allowed or granted . . . by law.”52 As stated above, we agree that the Tax Tribunal’s action was not within the scope of its authority. However, simply because the action was beyond the scope of its authority does not mean that Xxxxx can collaterally attack that action in a separate proceeding. The federal cases Xxxxx cites are not persuasive on the issue of collateral attack. They all concern cases in which an appellate court was directly reviewing a decision in the same case, even if the review was not timely. In City of Arlington v Federal Communications Commission, the city petitioned for review of a declaratory ruling by the commission.53 The United States Supreme Court held that, unlike a court, an agency’s power to act is not independent of whether its decision is proper.54 However, in Arlington, the United States Supreme Court was reviewing 50 Id. at 473. 51 See Xxxxx, 441 Mich at 40; Xxxxxxxxxx v Xxxxxxxxxx, 351 Xxxx 216, 222; 88 NW2d 416 (1958). 52 Black’s Law Dictionary (9th ed). 53 City of Arlington v Fed Communications Comm, 569 US ; 133 S Ct 1863, 1867; 185 L Ed 2d 941 (2013).
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ULTRA XXXXX. Should any provisions of this Agreement be declared ultra xxxxx by any competent court of law, the remaining provisions of this Agreement shall be deemed to be the Agreement and shall remain in force for the unexpired period of this Agreement.
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ULTRA XXXXX. So far as the Seller is aware, none of the contracts of any Group Company is ultra xxxxx, unauthorised, invalid or unenforceable.
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ULTRA XXXXX. Should any clause of this Agreement be held to be ultra xxxxx the remaining clauses shall remain in full force and effect and be binding upon the parties. SIGNED AT JOHANNESBURG FOR AND ON BEHALF OF THE PARTIES THIS DAY OF 2006. Authorised on behalf of the Master Diamond Cutters' Association of South Africa Authorised on behalf of the United Association of South Africa – Diamond Sector Secretary of the Council Tel: 000 0000 P O BOX 8304 Fax: 000 0000 JOHANNESBURG Name and address of firm ......................................................
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ULTRA XXXXX. None of the Contracts are ultra xxxxx the Seller or any member of the Seller’s Group.
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ULTRA XXXXX. 1.1 If a legal act (rechtshandeling) performed by a Netherlands legal entity transgresses the objects (het doel) of such entity, such legal act may be nullified by such entity or its receiver in bankruptcy pursuant to Section 2:7 of the Netherlands Civil Code if the other party knew or should have known that such legal act was transgressed the entity’s object. The objects clause in the articles of association, though an important element is not by itself decisive. In the limited case law on this subject matter, the Netherlands Supreme Court (Xxxx Xxxx der Nederlanden) has ruled that a Netherlands court, when objectively determining whether a specific legal act should be regarded as exceeding a company’s corporate objects, must take all relevant circumstances (e.g., the company’s corporate interest (vennootschappelijk belang), its group relations etc.) into consideration, in particular whether the interests of the legal entity were served by the transactions. As “all relevant circumstances” is a broad concept, it is difficult to predict how these circumstances are to be taken into consideration and is a matter of fact upon which we do not opine. However, we believe that the starting point should be that a legal act which is within the limits of the text of a company’s objects clause should generally not be considered ultra xxxxx when such acts did serve the interest of the entity or was at least not (disproportionately) contrary to those interests. We have reviewed the objects clause of the Company as included in the Articles of Association, and the text of the objects clause does not raise concerns in this respect.
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Related to ULTRA XXXXX

  • SHOP XXXXXXX (a) The Union may elect or appoint a Shop Xxxxxxx or Shop Stewards to represent the employees and the Union shall notify the Company as to the name or names of such Shop Xxxxxxx or Shop Stewards. The Company agrees that no Shop Xxxxxxx shall suffer any discrimination by reason of holding such office. (b) When the Company for any reason finds it necessary to layoff or terminate a Shop Xxxxxxx, the Business Representative of the Union shall be notified prior to such termination.

  • SOMEC XXXXX XXXXX XXXXX XXXXX XXXXX UNBUNDLED LOCAL SWITCHING, PORT USAGE End Office Switching (Port Usage) End Office Switching Function, Per MOU 0.001868 End Office Trunk Port - Shared, Per MOU 0.00018 Tandem Switching (Port Usage) (Local or Access Tandem) Tandem Switching Function Per MOU 0.0001067 Tandem Trunk Port - Shared, Per MOU 0.000222 Tandem Switching Function Per MOU (Melded) 0.000035296 Tandem Trunk Port - Shared, Per MOU (Melded) 0.000073438 Melded Factor: 33.08% of the Tandem Rate Common Transport Common Transport - Per Mile, Per MOU 0.0000032 Common Transport - Facilities Termination Per MOU 0.0003748

  • Xx Xxxxxx No waiver or modification of this Agreement or any of its terms is valid or enforceable unless reduced to writing and signed by the party who is alleged to have waived its rights or to have agreed to a modification.

  • Sxxxxxxx-Xxxxx The Company is, or on the Closing Date will be, in material compliance with the provisions of the Sxxxxxxx-Xxxxx Act of 2002, as amended, and the rules and regulations promulgated thereunder and related or similar rules or regulations promulgated by any governmental or self-regulatory entity or agency, that are applicable to it as of the date hereof.

  • xxx/Xxxxxx/XXXXX- 19_School_Manual_FINAL pdf -page 101-102 We will continue to use the guidelines reflected in the COVID-19 school manual.

  • Xxxx-Xxxxx-Xxxxxx Notwithstanding any other provision in this Agreement, in the event the Xxxx Xxxxx Xxxxxx Antitrust Improvements Act of 1976, as amended (the “HSR Act”), is applicable to any Member by reason of the fact that any assets of the Company will be distributed to such Member in connection with the dissolution of the Company, the distribution of any assets of the Company shall not be consummated until such time as the applicable waiting periods (and extensions thereof) under the HSR Act have expired or otherwise been terminated with respect to each such Member.

  • Xxxxx Xxxxx Associates is a specialist foreign direct investment practice, providing corporate establishment, business advisory, tax advisory and compliance, accounting, payroll, due diligence and financial review services to multinationals investing in emerging Asia.

  • Xxxx Xxxxx Where the parties cannot agree on an arbitrator, one of the above named will be chosen at random.

  • Xxxx Xxxxxx Purchase Order and Sales Contact Email 2 2 Purchase Order and Sales Contact Phone 2 3 Company Website 4 Entity D/B/A's and Assumed Names 5 Primary Address 2 6 Primary Address City 7 Primary Address State 2 8 Primary Address Zip 9 Search Words Identifying Vendor Certification of Vendor Residency (Required by the State of Texas)

  • Xxxxx Xxxxxx Purchase Order and Sales Contact Email 2 Purchase Order and Sales Contact Phone 2 3 Company Website 4 Entity D/B/A's and Assumed Names 5 Primary Address 2 Primary Address City 7 Primary Address State 2 8 Primary Address Zip 9 Search Words Identifying Vendor Certification of Vendor Residency (Required by the State of Texas)

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