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(o) Assignable Charterparty: ensure and procure that in the event of its Vessel being employed under an Assignable Charterparty: (i) execute and deliver to the Lender within fifteen (notice of such assignment addressed to the relevant charterer; (ii) ensure (on a reasonable endeavours basis) that the relevant charterer...
Strong
Risks, uncertainties and assumptions include factors relating to the effects of the COVID-by governments, businesses and individuals in response to the situation, the effects of which may give rise to or amplify the risks associated with many of these factors listed here; the need to manage (and reliance on) third-part...
Strong
Our actual results may differ from information contained in these forward-looking statements for many reasons, including those described below and in the section entitled “Item (1) a future substantial deterioration in economic conditions, especially in the United States and Europe; (2) The negative impacts COVID-19 ha...
Strong
imposition or reassessment of, or changes to, taxes, fees, royalties, duties, and other government-imposed compliance costs; changes to laws and government policies that could impact the company’s business, including environmental (including climate change), royalty and tax laws and policies; the ability and willingnes...
Strong
factors specific to HSBC, including our success in adequately identifying the risks we face, such as the incidence of loan losses or delinquency, and managing those risks (through account management, hedging and other techniques); our ability to achieve our financial, investment, capital and ESG targets, commitments an...
Strong
These forward-looking statements are based on the beliefs of management, as well as assumptions and estimates based on information available to us as of the dates such assumptions and estimates are made, and are subject to certain risks and uncertainties, that could cause actual results to differ materially from those ...
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; (k) Liens arising out of pledges or deposits under worker’s compensation laws, unemployment insurance, compensation arrangements, supplemental retirement plans arising out of pledges or deposits under worker’s compensation laws, unemployment insurance, compensation arrangements, supplemental retirement plans or other...
Strong
In furtherance and not in limitation of the foregoing, and notwithstanding anything contained in this Agreement, any other Transaction Document or any other document or certificate referenced herein or therein or otherwise to the contrary, each party hereto covenants, agrees and acknowledges, on behalf of itself and th...
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Our ability to expand through acquisitions requires us to identify, finance and complete acquisitions or investment opportunities that are compatible with our growth strategy and to successfully finance and integrate newly acquired properties into our portfolio, which may be constrained by the following significant ris...
Strong
Important factors that could cause actual results to differ materially from expectations include but are not limited to: general business and economic conditions (including but not limited to the performance, volatility and correlation of equity markets, interest rates, credit and swap spreads, currency rates, investme...
Strong
Given the nature, scale, and scope of the above-described events we are not able to identify all potential risks to our business, however, we believe that the well-known impacts described above, and other potential impacts include, but are not limited to, the following: • Disruption to our supply chain for materials es...
Strong
The Holder acknowledges and agrees on behalf of itself and each of the Holder’s trustees, beneficiaries, directors, officers, managers, employees, Affiliates, Subsidiaries, stockholders, members, partners, agents, representatives, heirs, executors, administrators, estate, predecessors, successors and assigns (each, a “...
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(cash and cash management investments, (b) inventory and other assets acquired and held for resale in the ordinary course  of  business,  (c)  damaged,  worn  out  or  obsolete  assets,  (d)  rights  granted  to  others  pursuant  to  leases  or licenses, or (e) any property, rights or assets upon expiration in accorda...
Strong
Strategic, legal and planning risks include political risks associated with the Company’s operations in Turkey, United States and Canada; resource nationalism; reliance on cash flow from its subsidiaries; the impact of changes in, or more aggressive enforcement of laws, regulations and government practices including wi...
Strong
In this Annual Report, statements relating to the impact of new accounting standards, future tax rates, expenses, and deductions, expected freight demand, capacity, and volumes, potential results of a default under our Credit Facility or other debt agreements, expected sources of working capital and liquidity (includin...
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For us, these risks and uncertainties include, among others: � failing to maintain and protect our brand, independence, and reputation; � liability related to cybersecurity and the protection of confidential information, including personal information about individuals; � liability for any losses that result from an ac...
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• federal civil and criminal false claims laws and civil monetary penalty laws, which prohibit, among other things, individuals or entities from knowingly presenting, or causing to be presented, claims for payment from Medicare, Medicaid, or other third-party payors that are false or fraudulent; • the federal Health In...
Strong
The Company's estimates of the JV's resources and reserves may be subject to revision based on various factors, some of which are beyond the Company's control, for example due to natural variations in geological structures and future gold price fluctuations; risks inherent in mineral project operation and development, ...
Strong
expectations regarding the purchase price for the Kentucky Power Transaction and the expected financing thereof; the anticipated benefits of the Kentucky Power Transaction, including the impact of the Kentucky Power Transaction on the Corporation’s business, operations, financial condition, cash flows and results of op...
Strong
Examples of such risk factors include the economic, financial, and other impacts of pandemics, including the COVID-business and economic conditions in the regions in which the Bank operates; geopolitical risk; the ability of the Bank to execute on long-term strategies and shorter-term key strategic priorities, includin...
Strong
102-2 Activities, brands, products and services 6–8, 10–11, 28–29, 37 102-3 Location of headquarters 6, Back cover 102-4 Location of operations 6–7 102-5 Ownership and legal form 6 102-6 Markets served 6–7 102-7 Scale of the organisation 7 102-8 Information on employees and other workers 40 6 X 102-9 Supply chain 39 10...
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Certain statements made in this Annual Report to Shareholders, constitute forward-looking information for the purposes of applicable securities laws (“forward-looking statements”), including, but not limited to: statements in the “Trends / Business Outlook” section and statements regarding our expectations concerning f...
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Each Party, for itself and its past and present Affiliates and its and their respective successors and assigns, and the officers, directors, employees, shareholders, members and other equity owners of each of the foregoing (collectively, the “Releasors”), hereby irrevocably waives, relinquishes, and fully and forever r...
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(p) “Environmental Liabilities” means all past, present and future Losses and Liabilities, Claims and other duties and obligations, whether arising under contract, Applicable Law or otherwise, arising from, relating to or associated with: (i) Abandonment and Reclamation Obligations; (ii) any damage, pollution, contamin...
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In consideration of the agreements of Agent and each Lender contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Borrower and Parent, each on behalf of itself and its successors, assigns, and other legal representatives, hereby fully, absolutely, ...
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By its nature, CP’s forward-looking information involves numerous assumptions, inherent risks and uncertainties that could cause actual results to differ materially from the forward-looking information, including but not limited to the following factors: changes in business strategies, general North American and global...
Strong
In this Annual Report, statements relating to expected sources of working capital, liquidity and funds for meeting equipment purchase obligations, expected capital expenditures and incurrence of debt, operating ratio goals, anticipated revenue equipment sales and purchases, including revenue equipment gains, the used e...
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In particular, this MD&A contains forward-looking statements relating to, among other things: industry fundamentals continue to signal a positive North American oilfield services market for close to 57,000 activity days for the Western Canadian Sedimentary Basin (“WCSB”), a better than 27% increase over 2021; projectio...
Strong
The degree of market acceptance of our product candidates will depend on a number of factors, including: • limitations or warnings contained in the approved labeling for a product candidate; • changes in the standard of care for the targeted indications for any of our product candidates; • limitations in the approved c...
Strong
The key assumptions in the base case include: – Lighting growth consistent with by a strong level of project-based activity – gross margin reflects levels consistent with the final quarter of 2021 – operating costs flexed in line with the incremental revenue In reviewing the Company’s viability, the Board has identifie...
Strong
From and after Closing until the date that is ninety (of the applicable statute of limitations (taking into account any relevant extensions), Seller shall indemnify and hold harmless Buyer and the Acquired Entities for any Retained Tax Liabilities; provided, that (i) Buyer shall not be entitled to recover or make a cla...
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The mechanisms for programme implementation include: ‘Helping is Easy’ portal (http://pomogat-prosto. ru), an open site that brings together people who are willing to provide assistance as volunteers and for the non-profit organisations that need it; charitable and fund-raising events initiated by the CSP in the cities...
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Forward-looking statements, while based on management’s best estimates and assumptions, are subject to risks and uncertainties that may cause actual results to be materially different from those expressed or implied by such forward-looking statements, including but not limited to: risks related to the successful integr...
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The Committee has specified the following minimum qualifications it believes must be met by a nominee for a position on the Board:  appropriate personal and professional attributes to meet the Company’s needs;  highest ethical standards and absolute personal integrity;  physical and mental ability to contribute effe...
Strong
The principal forward-looking statements in this report include: our financial performance, statements regarding the adequacy of and costs associated with our sources of liquidity, the funding of debt maturities, the continued execution of our share repurchase program, our expected capital expenditures and new lease co...
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All statements, other than statements of historical facts, that are presented herein, or in response to questions or otherwise, that address activities, events or developments that may occur in the future, including such matters as activities related to our financial or operational projections, projected synergy, value...
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analogous state and non-U.S. laws and regulations, such as certain state anti-kickback and false claims laws which may apply to items or services reimbursed by any third-party payor, including commercial insurers; state laws that require pharmaceutical companies to comply with the industry’s voluntary compliance guidel...
Strong
Tenant shall provide to Landlord, within five (copy of any written notice, or notification from any governmental or quasi-governmental authority or other Person with respect to (i) any violation of any Legal Requirement relating to the presence or release of Hazardous Substances located in, on, or under the Leased Prop...
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( of the affairs of persons incapable of managing their own affairs may vote, whether on a show of hands or on a poll, by his receiver, committee, curator bonis or other person in the nature of a receiver, committee or curator bonis appointed by such court, and such receiver, committee, curator bonis or other person ma...
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competitive factors; unusual weather; geopolitical events, including war and acts of terrorism; cybersecurity threats and data security breaches; state, federal and foreign legislative and regulatory initiatives that affect cost and investment recovery, have an impact on rates or have an impact on asset operation or ow...
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What we believe matters to them • Utilising our knowledge and expertise to develop solutions to support their product launches • Improving how we collaborate, ensuring productivity and standardisation of work practices to allow regulatory filing to happen at the earliest opportunity to allow for the earliest entry of a...
Strong
The degree of market acceptance of any of our approved product candidates will depend on a number of factors, including: the effectiveness of our approved product candidates as compared to currently available products; patient willingness to adopt our approved product candidates in place of current therapies; our abili...
Strong
In accordance with clause selected Standards with a GRI-referenced claim) this material references: Disclosures 102-1 to 102-14, 102-16, 102-18, and 102-40 to 102-56 from GRI 102: General Disclosures 2016; Disclosures 103-1 to 103-3 from GRI 103: Management Approach 2016; Disclosure 201-1 from GRI 201: Economic Perform...
Strong
Forward-looking statements may be made by management orally or in writing including, but not limited to, this Management’s Discussion and Analysis of Financial Condition and Results of Operations and other sections of the Company’s filings with the U.S. Securities and Exchange Commission (the “SEC”) under the Securitie...
Strong
Positive outcomes expected include: – Improved talent attraction and employee retention from opportunities for new-hire engagement in company training, philanthropic and volunteerism programs – Enhanced innovation in areas of strategic business growth through university engagement and research grants – Cost containment...
Strong
Forward-looking statements may include, but are not limited to, statements with respect to the future price of commodities, the estimation of mineral resources, the realization of mineral resource estimates, the timing and amount of estimated future production, costs of production, capital expenditures, costs and timin...
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Environmental Regulations impose, among other things, restrictions, liabilities and obligations in connection with (a) discharges and emissions of various substances into the environment; (b) the hydraulic fracturing of wells; (c) the handling, use, storage, transportation, treatment and disposal of chemicals, hazardou...
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BBA estimated the initial capital costs based on the site/building layout drawings, specific project requirements and its in-house database for the following site infrastructure facilities: ■ Site preparation and common underground services; ■ Site security and main access gate; ■ Mine haul and site access roads; ■ Min...
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General As of December product warranty claims, commercial claims, criminal claims, environmental claims, claims regarding the procurement and supply of products and services, patent and copyright infringement claims, claims and disputes regarding the transportation of goods and services, indemnification claims relatin...
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state and foreign law equivalents of each of the above federal laws, such as anti-kickback and false claims laws that may apply to items or services reimbursed by any third-party payer, including commercial insurers, state laws that require pharmaceutical companies to comply with the pharmaceutical industry’s voluntary...
Strong
Those statements appear at various places throughout this annual report on Form the sections entitled “Contingencies” under Item 7, “MD&A”, commencing on page 41 of this annual report on Form 10-K, under “Legal Proceedings” in Part I, Item 3, of this Form 10-K, and elsewhere in the context of statements containing the ...
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We believe our competitive advantages include:  a fully integrated organization with property management, development, redevelopment, acquisition, marketing, sales and financing expertise;  scalable operating and support systems, which include automated systems to meet the changing technological needs of our resident...
Strong
Electricity from renewable sources The amount of electricity that is generated and procured from renewable sources, expressed as a percentage of total global electricity in megawatt-hours (MWh) used during the period February 1, 2018 to January 31, 2019 as indicated by either (1) owned onsite system generation records,...
Strong
Summary Set against the backdrop of improving commodity prices the Company has made progress with JV partner dialogues in relation to historical disputes and the completion (post period in review) of the ‘no win – no fee’ arrangement to fund the Company’s significant monetary damages claim under the ECT and BIT against...
Strong
If the FDA, FTC or other regulatory body with competent jurisdiction over us, our activities or products takes the position that our marketing, promotional or other materials or activities constitute improper promotion or marketing of an unapproved or improper use, or that they contain untruthful, misleading, or inadeq...
Strong
The principal considerations for our determination that performing procedures relating to revenue recognition - determination of total estimated contract cost for fixed-price contracts is a critical audit matter are the significant amount of judgment required by management in determining the total estimated contract co...
Strong
Additionally, we have assessed the competence of management’s expert and considered their capability and objectivity; − for the individually large claims not subject to actuarial review, we discussed the nature of each claim with the US general counsel and those responsible for claims handling and tested a sample of it...
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A specific focus on developing our leaders to be more skilled and assured in addressing diversity and inclusion issues so that they can confidently champion and lead our DE&I agenda While our progress to date on DE&I represents a good start and shows what is possible, we believe that from significant opportunity to bui...
Strong
Although Georgia Power believes these incremental costs are reasonable and necessary to complete the project and the Georgia PSC’s order in the seventeenth VCM proceeding specifically states that the construction of Plant Vogtle Units and 4 is not subject to a cost cap, Georgia Power will not seek rate recovery for the...
Strong
and we don’t tolerate discrimination or harassment against anyone on the basis of race, color, age, gender, sexual orientation, gender identity and expression, ethnicity or national origin, disability, pregnancy, religion, political affiliation, union membership, covered veteran status, protected genetic information, m...
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representatives (each a "Bank Party") from any and all causes of action, claims, debts, demands, and liabilities, of whatever kind or nature, in law or equity, of the Borrower, whether now known or unknown to the Borrower, (i) in respect of the loan evidenced by the Note and the Related Documents, or of the actions or ...
Strong
(b) The Claim Notice must specify in detail (i) the Representations and Warranties which are alleged to have been breached or to be inaccurate, (ii) the fact, matter or circumstance which gives rise to the Claim, (iii) the nature of the alleged Loss, (iv) the amount claimed in respect thereof setting forth the Purchase...
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We believe that we have multiple competitive advantages, including the automated nature of our systems with simple, rapid and efficient workflow that requires very limited human intervention or labor; the multiplexing capability of our technology to analyze significantly more target molecules in a single experiment; th...
Strong
(i) any material Environmental Claim or any Environmental Incident; (ii) any material inspections, investigations, studies, audits, tests, reviews and other analysis carried out by it or on its behalf (but excluding any routine inspection) in relation to any environmental matters; and (iii) details of any material non-...
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The uncertainty of the Company’s estimates for large losses is also impacted by the preliminary nature of the information available, the magnitude and relative infrequency of the events, the expected duration of the respective claims development period, inadequacies in the data provided to the relevant date by industry...
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Dispute on sharing the agreed compensation sum with new claimants open Client has resolved issue Palm oil Asia S - H closed Engagement stopped Palm oil Asia S -L5 labor conditions not in breach of policy or applicable law, but room for improvement closed Engagement stopped Palm oil Asia S - H2 Allegations of primary fo...
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The operation of manufacturing plants entails risks related to compliance with environmental laws, requirements and permits, and a failure by us to comply with applicable environmental laws, regulations, or permits could result in civil or criminal fines, penalties, enforcement actions, thirdparty claims for property d...
Strong
However, there can be no assurances that the actual amounts required to satisfy alleged liabilities from various lawsuits, claims, legal proceedings and other matters, including, but not limited to the Fox River and Kalamazoo River environmental matters and other matters discussed below, and to comply with applicable l...
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Although we believe our existing cash resources and sources of liquidity, together with cash generated from operations, will be sufficient to meet our working capital requirements for at least the next increases in delinquent or uncollectible accounts receivable for any reason, including in particular continued or wors...
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✓ Annual election of directors ✓ Majority voting and director resignation policy for directors in uncontested elections ✓ Proxy access right for stockholders ✓ Stockholder outreach/engagement program ✓ No multi-class or non-voting stock ✓ Annual publication of a corporate diversity update and annual pay equity review p...
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“Lien” means any mortgage or deed of trust, pledge, hypothecation, assignment, deposit arrangement, lien, charge, claim, security interest, easement or encumbrance, or preference, priority or other security agreement or preferential arrangement of any kind or nature whatsoever (including any lease or title retention ag...
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The principal considerations for our determination that performing procedures relating to the valuation of insurance reserves is a critical audit matter are (i) the significant judgment by management when developing the estimated reserves, which in turn led to (ii) a high degree of auditor judgment, subjectivity, and e...
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Ravva joint operations had received a claim from the Ministry of Petroleum and Natural Gas, Government of India (GOI) for the period from (US$129 million) for an alleged underpayment of profit petroleum (by recovering higher Base Development Costs (“BDC”) against the cap imposed in the PSC) to the Government of India (...
Strong
When the proceedings were initiated, a line of defence was adopted based mainly on the grounds that the actions were invalid due to the vagueness of the claims, that the condition of knowledge of the Alitalia Group’s state of insolvency (subject first of the Air France plan and then of the subsequent rescue conducted b...
Strong
(a) Customer warrants that it will have, at the time of its delivery of Gas at the Receipt Points, con hereunder shall be free and clear of all liens, encumbrances, and claims whatsoever (other than with respect to any lien held by any lender under any credit facility for borrowed money of Customer or its Affiliates), ...
Strong
Under our current insurance policies, our deductibles for marine liability insurance coverage with respect to personal injury claims not related to named windstorms in the U.S. Gulf of Mexico, which primarily result from Jones Act liability in the U.S. Gulf of Mexico, are $in amounts ranging between $5.0 million and, i...
Strong
Among the factors that we consider in this assessment are the nature of existing legal proceedings and claims, the asserted or possible damages or loss contingency (if estimable), the progress of the case, existing law and precedent, the opinions or views of legal counsel and other advisers, our experience in similar c...
Strong
These actions seek, among other things, compensation for alleged personal injury (including claims for loss of life), workers’ compensation, employment discrimination, sexual harassment, workplace misconduct, wage and hour claims and other employment-related damages, compensation for breach of contract, negligence or g...
Strong
The Company was successful in defending the majority of the claims, with a total of £ Donations Greenhouse Gas Emissions Share Capital Substantial Interests Dividends Articles of Association Auditors Corporate Governance Board of Directors * attended as an observer Audit and Risk Committee Remuneration Commi...
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In addition, although we believe it is probable we will receive additional claims in future periods, we are unable to reasonably estimate the number of such claims or the amount or range of any potential losses associated with such claims as each of these is dependent on several factors, including the actions of third ...
Strong
In particular, the estimate is sensitive to the preliminary nature of the information available, the magnitude and relative infrequency of the events, the expected duration of the respective claims development period, inadequacies in the data provided to the relevant date by industry participants and the potential for ...
Strong
Risk management process and risk appetite The Board believes that in carrying out the Group’s businesses it is vital to strike the right balance between an appropriate and comprehensive control environment and encouraging the level of entrepreneurial freedom of action required to seek out and develop new business oppor...
Strong
ENVIRONMENT Do what it takes to protect the planet We believe our planet must be preserved and its resources renewed By partnering with like-minded companies to advance climate change and low-carbon energy policies, sharing renewable energy buying knowledge, and encouraging innovation in the design and operation of dat...
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21.2 No indemnification shall be given to an Indemnified Officer: a. if a competent court or arbitral tribunal has established that the acts or omissions of such Indemnified Officer that led to the financial losses, damages, expenses, suit, claim, action or legal proceedings as described in Article 21.1 are of an unlaw...
Strong
While carve-outs vary from lender to lender and transaction to transaction, the carve-outs may include, among other things, a voluntary bankruptcy filing, environmental liabilities, the sale, financing or encumbrance of the property in violation of loan documents, damage to property as a result of intentional misconduc...
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Whether the CLC and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage 1992 Protocol (or the Fund Convention), which deal with liability and compensation for oil pollution and the Convention on Limitation of Liability for Maritime Claims 1976, as amended...
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Only a few other companies possess the technical know-how to design and manufacture YIG components of this nature, such as Teledyne and Micro-Lambda Wireless, but we believe the expense of developing and requalifying new components for the F-F-16 and F/A-18E is prohibitive to the point where an existing prime customer ...
Strong
Although we believe that we are in substantial compliance with such environmental requirements and have not in the past been required to incur significant costs in connection therewith, there can be no assurance that our costs to comply with such requirements will not increase in the future or that we will not become s...
Strong
Legal The Company is involved in litigation incidental to its business and is a party to a number of legal actions and claims, various governmental proceedings and private civil lawsuits, including, but not limited to, those related to fuel surcharge practices, tax matters, environmental and hazardous material exposure...
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Form We believe that COVID-19 has impacted and will continue to impact all of our vertical markets across all of our geographies to some degree, but the significance and duration of the impact on our business cannot be determined at this time due to numerous uncertainties, including the duration of the outbreak, travel...
Strong
Areas involving significant estimates and assumptions include: allowances for credit losses; inventory reserves; income tax liabilities and assets, and related valuation allowances; provisions for loss contingencies related to claims and litigation; useful lives of property, plant and equipment and intangible assets; e...
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The Partnership believes that current sources of funds and those that the Partnership anticipates to internally generate for a period of at least the next twelve months, will be sufficient to fund the operations of its Fleet, and to meet the Partnership’s normal working capital requirements, service principal and inter...
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The process of determining significant estimates is fact specific and takes into account factors such as historical experience, current and expected economic conditions, product mix, pension asset mix and in some cases, actuarial techniques, and various other factors that are believed to be reasonable under the circums...
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We believe the principal competitive factors in this industry include: • ability to deliver return on marketing expenditure at scale; • customer trust and loyalty; • geographic reach; • breadth and depth of cooperation with publishers, ad exchanges, ad networks and other participants in the online marketing ecosystem; ...
Strong
We believe our primary sources of liquidity are sufficient to fund our short-term and long-term existing and planned capital requirements, which include working capital obligations, funding existing marketed and pipeline products, capital expenditures, business development in our targeted areas, short-term and long-ter...
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Further, we may be exposed to additional potential product liability risks related to products designed, manufactured and/or marketed in response to the COVID-accelerated changes in demand for certain of our products in connection with COVID-19 and its related impacts could impact development and production of products...
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LR’s Opinion Based on LR’s approach, nothing has come to our attention that would cause us to believe that the total direct GHG emissions, energy indirect GHG emissions and sustainability data disclosed by Carnival in its GHG Emissions Inventory and Sustainability Data Assertion for FY materially correct and that the G...
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  The QP believes that this mineral resource estimate for Cabanasses and Vilafruns is an accurate estimation of the in-situ resource based on the data available, and that the available data and the mineral resource model are sufficient for mine design and planning. 11.4.1          Overview The Rotem geological departme...
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Because many aspects of our business strategy — from our enlightened food sourcing practices, to our commitments to more environmentally friendly building materials and energy efficient systems, to the value we place on a diverse and inclusive workforce — are rooted in a commitment to sustainability, we believe there i...
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possibility for oil of the continental shelf around the United States; when you stop to think that the government has taken over 100 million acres of land out of circulation in Alaska, alone, that is believed by geologists to contain much in the line of minerals and energy sources, then I think it is the Government, an...
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