Facts definition

Facts. This Declaration is made with reference to the following facts:
Facts. Known" to a Corporation. Whenever a representation or warranty is made herein as being "to the best of knowledge," "to the knowledge of," or "known" to a party, it is understood and agreed that an individual will be deemed to have "knowledge" of a particular fact or other matter if: (a) such individual is actually aware of such fact or other matter; or (b) a prudent individual could be expected to discover or otherwise become aware of such fact or other matter in the course of conducting a reasonably comprehensive investigation concerning the existence of such fact or other matter. A party, person, or entity (other than an individual) will be deemed to have "knowledge" of a particular fact or other matter if any individual who is serving, or who has at any time served, as a director, officer, partner, executor, or trustee of such party, person, or entity (or in any similar capacity) has, or at any time had, knowledge of such fact or other matter.

Examples of Facts in a sentence

  • EACH OF THE PARTIES REPRESENTS THAT THIS AGREEMENT HAS BEEN ENTERED INTO FREELY AND VOLUNTARILY; THAT IT HAS HAD THE OPPORTUNITY TO ASCERTAIN AND WEIGH ALL OF THE FACTS AND CIRCUMSTANCES LIKELY TO INFLUENCE ITS JUDG- MENTS; THAT IT HAS HAD THE OPPORTUNITY TO SEEK AND OBTAIN LEGAL COUNSEL, AND HAS AVAILED ITSELF OF COUNSEL PRIOR TO SIGNING THIS AGREEMENT, AND TO BE DULY APPRISED OF ITS LEGAL RIGHTS; AND THAT IT HAS READ AND FULLY UNDERSTANDS THE TERMS OF THE AGREEMENT.

  • CUSTOMER MUST INITIATE ARBITRATION OR ANY OTHER CAUSE OF ACTION FOR ANY CLAIM(S) ARISING OUT OF OR RELATING TO THIS MLSA AND ITS SUBJECT MATTER WITHIN 2 YEARS FROM THE DATE WHEN CUSTOMER KNEW, OR SHOULD HAVE KNOWN AFTER REASONABLE INVESTIGATION, OF THE FACTS GIVING RISE TO THE CLAIM(S).

  • FAST FACTS campus Health Benefits Administrator (typically located in the Human Resources Department) to determine their eligibility and the cost of their health insurance option in retirement.

  • YOU ACKNOWLEDGE THAT YOU AND WE AGREE THAT NO CLASS ACTION, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY, MAY BE PURSUED IN ANY ARBITRATION OR IN ANY COURT PROCEEDING, REGARDLESS OF WHEN THE CLAIM OR CAUSE OF ACTION AROSE OR ACCRUED, OR WHEN THE ALLEGATIONS OR FACTS UNDERLYING THE CLAIM OR CAUSE OF ACTION OCCURRED.

  • We agree that the School may send notices and fee accounts to us at our email address last notified to the School and/or invoice us through the FACTS portal.


More Definitions of Facts

Facts. 1999 Excess Amount is $100,000 and the Nasdaq Share Price for the 15 trading days period prior to the date upon which Telecom's audited financial statements are delivered to the buyer is $5.00.
Facts. All of the stock of a U.S. resident company is owned by a U.S. individual. The stock is worth 100x and the company pays a dividend each year of approximately 10x. The company has outstanding debt of l000x, all of which is held by three members of a single family, none of which is resident in the United States. The debt pays interest each year of 100x. Analysis: The U.S. company would not satisfy the requirements of subparagraph 1 f) of Article 22 of the Convention because the debt represents a predominant interest in the company, the ultimate beneficial owners of which are persons who are not residents of the United States Therefore, the U.S. company will be entitled to the benefits of the Convention only if it qualifies under some other provision of Article 22.
Facts. An individual who is not a resident of the United States owns 49% of the stock of a U.S. company that holds passive investments in other companies; the other 51% of the stock in the company is owned by several unrelated U.S. individuals. The non-resident individual also has a contract to provide investment advice to the company under which the individual is to receive l0x each year, regardless of the profits of the company. The company's gross profits are approximately 60x each year.‌ Analysis: Whether the non-resident individual has a predominant interest in the U.S. company will depend on whether l0x is an arm's length remuneration for the services. If l0x is arm's length remuneration, then the payments are not taken into account for purposes of determining whether the individual has a predominant interest in the company. As a result, because U.S. individuals own a majority of the stock in the company, the company would qualify for benefits under Article 22, subparagraph 1 f). If the remuneration is not arm's length, then the non- resident individual would have a predominant interest in the company when the service payments are combined with his equity interest and the company would not be entitled to benefits under Article 22, subparagraph 1 f). Example III Facts: Assume the same facts as in Example II, except that the individual does not have an investment contract with the U.S. company and performs only nominal, if any, service. Nevertheless, each year the company sends the individual a check equal to 50% of the company's gross profits as a “bonus” for “services rendered”. Analysis: The U.S. company would not satisfy the requirements of subparagraph 1 f) of Article 22 of the Convention because the facts indicate that, even though the individual owns less than 50% of the stock of the company and does not have a contract to provide services, he in fact is the ultimate beneficial owner of a predominant interest in the company. Therefore, the U.S. company will be entitled to the benefits of the Convention only if it qualifies under some other provision of Article 22.
Facts. On June 8, 1983, Xxxxxxxxx X. Xxxxxxxxx and the Gojoccos (Xxxxxx, Xxxxxxxx, and Xxxxxx) signed a memorandum of agreement wherein Huibonhoa would lease three commercial lots in Binondo, Manila. On June 30, 1983, they executed a lease contract for 15 years allowing Xxxxxxxxx to construct a building on the lots. The lease specified that rent payments of P45,000 per month would commence upon the building’s completion or within 8 months if not completed by then. Due to the construction materials crisis spurred by Xxxxxxx Xxxxxx Xx.’s assassination, Xxxxxxxxx was delayed and completed the building 7 months late. The Gojoccos demanded rent starting March 1984, which Xxxxxxxxx failed to pay, prompting multiple demands from the Gojoccos. Xxxxxxxxx filed a suit for reformation of contract on January 3, 1985, claiming mistakes and seeking to extend the lease term and adjust rent. The Gojoccos filed a separate action for ejectment in the Metropolitan Trial Court of Manila on January 14, 1985. The lower courts issued divergent decisions, which were appealed to the Court of Appeals. The latter upheld the RTCs’ decisions dismissing Xxxxxxxxx’s complaint and determining the proper forum for the ejectment case.
Facts. Owner represents and warrants to Purchaser as follows:
Facts means all relevant facts (circumstances, acts and omissions) which relate to the pursuit or defence of a Proceeding relating to your legal rights.
Facts section contained herein is true, correct, and complete in all material respects.