Xxxxx Today Sample Clauses

Xxxxx Today. In 2004, the United States Supreme Court again applied the Xxxxx test in SEC x. Xxxxxxx.159 In Xxxxxxx, business owners purchased payphones from ETS Payphones, Inc. (ETS).160 In addition, the buyer entered a lease, management agreement, and buyback agreement with ETS.161 ETS selected the site, installed the phone, arranged for phone service, collected the coins, handled repairs, and generally maintained the payphone.162 The buyer received a guaranteed eighty-two dollars per month, plus “a [fourteen percent] annual return” on his or her investment.163 The buyback agreement, into which a majority of buyers entered, provided that the buyer could return the phone within 180 days and ETS would refund the purchase price.164 ETS’s solicitation materials trumpeted “‘an exciting business opportunity…[with] the potential for ongoing revenue generation that is available in today’s pay telephone industry.’”165 In a unanimous decision, the Court held that the scheme constituted an investment contract.166 The case focuses on investor protection and “in tone and analysis reads very much like Xxxxx.”167 The Court began its analysis with an explanation of the legislative intent surrounding the Securities Acts, namely “‘to regulate investments, in whatever form they are made and by whatever name they are called.’”168 The Court also highlighted Congress’ reasons for including the term 159 540 U.S. 389 (2004). 160 Id. at 391 (explaining that Xxxxxxx Xxxxxxx was the CEO of ETS). 161 Id. 162 Id. at 391-92. 163 Id. at 391. 164 Id. at 392. 165 Id. 166 Id. at 397; see also 2 XXXXX XXXX & XXXX XXXXXXXX, SECURITIES REGULATION 512–16, 514 (Supp. 2005) (noting that Justice X’Xxxxxx, “perhaps in an unconscious bow to post-Enron jurisprudence,” wrote the decision with a populist tone). 167 2 LOSS & XXXXXXXX, supra note 166, at 516. 168 Xxxxxxx, 540 U.S. at 393 (quoting Reves x. Xxxxx & Xxxxx, 494 U.S. 56, 61 (1990)). “investment contract” in the definition of “security,” noting that Congress chose this term in light of state courts’ broad interpretation of the same term in their blue sky laws.169 The issue facing the Court was whether an investment scheme that “offered a contractual entitlement to a fixed, rather than a variable, return” constituted a security.170 In reaching its conclusion, the Court refused to “read into the securities laws a limitation[,] not compelled by the language[,] that would…undermine the laws’ purposes.”171 The Court explained that it did not find any distinc...
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Related to Xxxxx Today

  • Xxxxxx, P A., special counsel for IMC, in IMC's capacity as both Seller and Servicer under the Sale and Servicing Agreement, and/or Xxxxx & Xxxxxx LLP shall have furnished to the Underwriters their written opinion or opinions, addressed to the Underwriters and the Depositor and dated the Closing Date, in form and substance satisfactory to the Underwriters, to the effect that:

  • Xxxxx, P E. , known to me to be a person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed same for and as the act of the City of Arlington, Texas, a Texas municipal corporation, and as Director of Public Works and Transportation thereof, and for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , 20 . Notary Public In and For The State of Texas Notary's Printed Name

  • Xxxxxxx, P E./Project Manager / / Date ( ) - Phone CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER CERTIFICATION: Pursuant to Section VI. B. and VI. C. of the Agreement, the undersigned Chief Executive Officer and Chief Fiscal Officer of the Recipient, as both are designated in Appendix B of the Agreement, hereby request the Director to disburse financial assistance moneys made available to Project in Appendix C of the Agreement (inclusive of any amendment thereto) to the payee as identified below in the amount so indicated which amount equals the product of the Disbursement Ratio and the dollar value of the attached cost documentation which was properly billed to the Recipient in exclusive connection with the performance of the Project. The undersigned further certify that:

  • Xxxxx Name: Xxxxxxx X. Xxxxx Title: Assistant Treasurer

  • Xxxxxx Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.

  • Xxxxx Xxxx Purchase Order and Sales Contact Email Please enter a valid email address that will definitely reach the Purchase Order and Sales Contact. 2 xxxxx.xxxx@xxxxxxxxxxxx.xxx Purchase Order and Sales Contact Phone Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). 2 3 6155877765 Company Website Company Website (Format - xxx.xxxxxxx.xxx) 2 4 xxxxx://xxxxxxxxxxxx.xxx/ Entity D/B/A's and Assumed Names You must confirm that you are responding to this solicitation under your legal entity name. Go now to your Supplier Profile in this eBid System and confirm that your profile reflects your "Legal Name" as it is listed on your W9. In this question, please identify all of your entity's assumed names and D/B/A's. Please note that you will be identified publicly by the Legal Name under which you respond to this solicitation unless you organize otherwise with TIPS after award. 5 No response Primary Address Primary Address 2 6 000 Xxxxxxxx Xx Xxxxx 000 Primary Address City Primary Address City 7 Brentwood Primary Address State Primary Address State (2 Digit Abbreviation) 2 8 TN Primary Address Zip Primary Address Zip 9 37027 Search Words Identifying Vendor Please list all search words and phrases to be included in the TIPS database related to your entity. Do not list words which are not associated with the bid category/scope (See bid title for general scope). This will help users find you through the TIPS website search function. You may include product names, manufacturers, specialized services, and other words associated with the scope of this solicitation. Athletic Field, Athletic Field Construction, Athletic Turf Field, Field Track, Sports Construction, leisure flooring, distributor, installer, Conica Certification of Vendor Residency (Required by the State of Texas) Does Vendor's parent company or majority owner:

  • Xxxxxx Xxxx The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public highway.

  • Xxxxx, Xx Xxxxxx X.

  • 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.

  • Xxxxxx, X Xxxxxxxx --------------------------- Xxxxxx X. Xxxxxxxx

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