Misstatement means an untrue statement of a material fact or an omission to state a material fact required to be stated in a Registration Statement or Prospectus, or necessary to make the statements in a Registration Statement or Prospectus (in the light of the circumstances under which they were made) not misleading.
Material Facts shall have the meaning set forth in Section 2.3.6(a).
material fact has the meaning ascribed thereto in the Securities Act;
untrue statement means any untrue statement or alleged untrue statement, or any omission or alleged omission to state in the Registration Statement a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.
Statements has the meaning assigned to such term in Section 2.18(g).
Misrepresentation means an untrue statement of a material fact or an omission to state a material fact required or necessary to make the statements contained therein not misleading in light of the circumstances in which they are made.
Recklessly means that a person acts or fails to act with respect to a material element of a public offense, when the person is aware of and consciously disregards a substantial and unjustifiable risk that the material element exists or will result from the act or omission. The risk must be of such a nature and degree that disregard of the risk constitutes a gross deviation from the standard conduct that a reasonable person would observe in the situation.
Statement means a statement submitted by the Contractor as part of an application, under Clause 14 [Contract Price and Payment], for a payment certificate.
believe “project”, “target”, “budget”, “may”, "can", “will”, “would”, “could”, "should", “seeks”, or “scheduled to”, or other similar words, or negatives of these terms or other variations of these terms or comparable language or any discussion of strategy or intentions identify forward-looking statements. Such forward-looking statements include, without limitation, anticipated timing for the completion of the pre-feasibility and feasibility studies; statements regarding delays in processing gold and silver; the potential for confirming, upgrading and expanding gold and silver mineralized material at Hycroft; reserve and resource estimates and the timing of the release of updated estimates; estimates of gold and silver grades; anticipated costs, anticipated sales, project economics, the realization of expansion and construction activities and the timing thereof; production estimates and other statements that are not historical facts. Forward-looking statements address activities, events or developments that Allied Nevada expects or anticipates will or may occur in the future, and are based on current expectations and assumptions. Although Allied Nevada management believes that its expectations are based on reasonable assumptions, it can give no assurance that these expectations will prove correct. Important factors that could cause actual results to differ materially from those in the forward-looking statements include, among others, risks that Allied Nevada’s exploration and property advancement efforts will not be successful; risks relating to fluctuations in the price of gold and silver; the inherently hazardous nature of mining-related activities; uncertainties concerning reserve and resource estimates; uncertainties relating to obtaining approvals and permits from governmental regulatory authorities; and availability and timing of capital for financing the Company’s exploration and development activities, including the uncertainty of being able to raise capital on favorable terms or at all; as well as those factors discussed in Allied Nevada’s filings with the SEC including Allied Nevada’s latest Annual Report on Form 10-K and its other SEC filings (and Canadian filings) including, without limitation, its latest Quarterly Report on Form 10-Q (which may be secured from us, either directly or from our website at xxx.xxxxxxxxxxxx.xxx or at the SEC website xxx.xxx.xxx). The Company does not intend to publicly update any forward-looking statements, whether as a result of new information, future events, or otherwise, except as may be required under applicable securities laws.
Correct means, in the context of determining the accuracy of a COI Disclosure Form, that the form, in all material respects, is complete, accurate, not misleading, and does not omit any material information.
Omission is the failure to submit part or all of the information or documentation required in the tendering document.
Disclosure Documents is defined in Section 5.3.
Representation means any representation as to fact or law, including a representation as to the state of mind of—
Material means material in relation to the business, operations, affairs, financial condition, assets or properties of the Company and its Subsidiaries taken as a whole.
Representations means the written Representations and Warranties provided by Borrower to Silicon referred to in the Schedule.
Errors shall have the meaning specified in Section 8.2(c) of the Sale and Servicing Agreement.
Material Information means any information (Material Fact or Material Change) relating to the business and affairs of the Company that results in or would reasonably be expected to result in a significant change in the market price or value of any of the Company’s securities;
Disclosure Information As defined in the Pooling and Servicing Agreement.
Projections as defined in Section 6.2(c).
any Prospectus means, as the context requires, the Preliminary Prospectus, the Final Prospectus, and any supplement to either thereof. The Company has not received any notice that the Commission has issued or intends to issue a stop order suspending the effectiveness of the Registration Statement or the use of the Preliminary Prospectus or any prospectus supplement or intends to commence a proceeding for any such purpose.
State actuary or "actuary" means the person appointed
Underwriter Information means, with respect to any document, statements in or omissions from such document based upon information furnished to the Company in writing by or on behalf of any Underwriter through the Representatives specifically for use in such document. The Company acknowledges that the statements identified in the Pricing Agreement as “Underwriter Information” constitute the only information furnished in writing by or on behalf of the Underwriters for inclusion in any Preliminary Prospectus or the Prospectus.
Accurate means all Critical Inventory Attributes are correctly and completely populated in the CMDB Inventory of Record. “Critical Inventory Attributes” means those database fields in an Inventory Record that are essential for Service Provider’s successful delivery of Service and necessary for DIR’s successful performance of retained responsibilities, including architecture, IT planning, and reconciliation of invoices. The Critical Inventory Attributes are maintained in the SMM. “CMDB Inventory of Record” means the inventory of CIs, including all Equipment and Software, to be created and maintained by Service Provider in accordance with the SMM. “Inventory Record” means the record for a single item of Equipment or Software in the Inventory of Record, including all of the Critical Inventory Attributes for that item. METRIC EXCLUSIONS N/A HOURS OF MEASUREMENT N/A DAYS OF MEASUREMENT N/A MINIMUM SERVICE LEVEL 95.00% EXPECTED SERVICE LEVEL 98.00% ALGORITHM The Service Level calculation for “CMDB Accuracy – Data Center” is the total number of CMDB Inventory Records that are validated during the applicable Measurement Window and that are Accurate, divided by the total number of Inventory Records that are validated during the applicable Measurement Window, with the result expressed as a percentage. COLLECTION PROCESS The sample of inventory records will be pulled from the MSI CMDB using an approved random sampling method each month. Through standard reconciliation processes, the random sampling is compared with current electronically discovered data as provided by Service Provider. Critical Inventory Attributes will be documented in the Service Management Manual. The number of accurate CMDB Inventory Records based on measurement criteria will be determined and entered into ServiceFlow by the MSI Asset Management Team, along with the total number of CMDB Inventory Records in the sample set, via ServiceFlow Web Form. ServiceFlow will calculate the SLA result based on the Web Form data. Supporting documentation containing details of the assets validated will be attached to the Web Form. REPORTING TOOLS SCP discovery tools MSI CMDB MSI ServiceFlow RAW DATA STORAGE (ARCHIVES) Data used to calculate the SLA results for reporting will be stored in the ServiceFlow application database, which will be accessible to authorized users via inherent report drill-down functionality for a rolling 13 months. An additional 23 months of data is archived and can be made available via ServiceFlow upon request by DIR. PERFORMANCE CATEGORY Cross Functional METRIC OWNER METRIC REPORTING Monthly Quarterly Semi Annual License and Maintenance Renewal Timeliness – Data Center 3-A R1.3.5D 0 SERVICE LEVEL TYPE Critical Service Level
the Company’s knowledge means the knowledge, after reasonable inquiry, of Pxxxxx Xxxxx, Lxxxxxxx Xxxxxx, Sxxxxxx XxXxxxxx and Kxxxxxx Xxxxx.
Credible threat means a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm. It is not necessary to prove that the person making the threat had the intent to actually carry out the threat. The present incarceration of the person making the threat is not a bar to prosecution under this section.
Falsification means manipulating research materials, equipment, or processes, or changing or omitting data or results such that the research is not accurately represented in the research record.