Actionable Subsidies Sample Clauses

Actionable Subsidies. The WTO rules on actionable subsidies require that no Member should cause adverse effects to the interests of other Members, and mention three categories of adverse effect as follows:
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Actionable Subsidies. All specific subsidies other than those that are prohibited fall in the category of actionable subsidies. The substantive obligation in respect of such subsidies are contained in Article 5 of the ASCM, which also stipulates that the provision does not apply to agricultural products that are governed by the provisions of the Agreement on Agriculture. Members are enjoined not to cause ‘adverse effects’ to the interests of other Members by the use of these subsidies. Such adverse effects may take the form of injury to the domestic industry of another Member importing the subsidised product or nullification or impairment of a tariff or other commitments made by the subsidising Member or serious prejudice to the interests of another Member. The concept of serious prejudice, which was initially embodied in Article XVI of GATT 1947, has been considerably elaborated in the ASCM. According to Article 6.3 of the ASCM, serious prejudice may arise in one or several of the following situations:
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Actionable Subsidies. ARTICLE 5
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Actionable Subsidies. AII specific subsidies other than those that are prohibited faII in the category of actionabIe subsidies. The substantive obIigation in respect of such subsidies are contained in ArticIe l of the ASCM, which aIso stipuIates that the provision does not appIy to agricuIturaI products that are governed by the provisions of the Agreement on AgricuIture. Members are en¡oined not to cause ‘adverse effects' to the interests of other Members by the use of these subsidies. Such adverse effects may tahe the form of in¡ury to the domestic industry of another Member importing the subsidised product or nuIIification or impairment of a tariff or other commitments made by the subsidising Member or serious pre¡udice to the interests of another Member. The concept of serious pre¡udice, which was initiaIIy embodied in ArticIe XVI of GATT 1947, has been considerabIy eIaborated in the ASCM. According to ArticIe 6.3 of the ASCM, serious pre¡udice may arise in one or severaI of the foIIowing situations:
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Actionable Subsidies 
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Related to Actionable Subsidies

  • Subsidies 1. The rights and obligations of the Parties in respect of subsidies shall be governed by Articles VI and XVI of the GATT 1994, the WTO Agreement on Subsidies and Countervailing Measures and the WTO Agreement on Agriculture.

  • Sanctioned Persons None of the Borrower or any Subsidiary nor, to the knowledge of the Borrower, any director, officer, agent, employee or Affiliate of the Borrower or any Subsidiary is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Borrower will not directly or indirectly use the proceeds of the Loans or otherwise make available such proceeds to any Person, for the purpose of financing the activities of any Person currently subject to any U.S. sanctions administered by OFAC.

  • Foreign-Owned Companies in Connection with Critical Infrastructure If Texas Government Code, Section 2274.0102(a)(1) (relating to prohibition on contracts with certain foreign-owned companies in connection with critical infrastructure) is applicable to this Contract, pursuant to Government Code Section 2274.0102, Contractor certifies that neither it nor its parent company, nor any affiliate of Contractor or its parent company, is: (1) majority owned or controlled by citizens or governmental entities of China, Iran, North Korea, Russia, or any other country designated by the Governor under Government Code Section 2274.0103, or (2) headquartered in any of those countries.

  • NO HARDSTOP/PASSIVE LICENSE MONITORING Unless an Authorized User is otherwise specifically advised to the contrary in writing at the time of order and prior to purchase, Contractor hereby warrants and represents that the Product and all Upgrades do not and will not contain any computer code that would disable the Product or Upgrades or impair in any way its operation based on the elapsing of a period of time, exceeding an authorized number of copies, advancement to a particular date or other numeral, or other similar self-destruct mechanisms (sometimes referred to as “time bombs,” “time locks,” or “drop dead” devices) or that would permit Contractor to access the Product to cause such disablement or impairment (sometimes referred to as a “trap door” device). Contractor agrees that in the event of a breach or alleged breach of this provision that Authorized User shall not have an adequate remedy at law, including monetary damages, and that Authorized User shall consequently be entitled to seek a temporary restraining order, injunction, or other form of equitable relief against the continuance of such breach, in addition to any and all remedies to which Authorized User shall be entitled.

  • Related Party Agreements 34 7.5 Cooperation................................................... 34 7.6 Conduct of Business Pending Closing........................... 35 7.7

  • Prohibition on Contracts with Companies Boycotting Israel To the extent that Texas Government Code, Chapter 2271 applies to this Agreement, PROVIDER certifies that (a) it does not currently boycott Israel; and (b) it will not boycott Israel during the term of this Agreement. PROVIDER acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.

  • Agricultural Export Subsidies 1. The Parties share the objective of the multilateral elimination of export subsidies for agricultural goods and shall work together toward an agreement in the WTO to eliminate those subsidies and prevent their reintroduction in any form.

  • Questionable Payments Neither the Company nor any of its Subsidiaries nor, to the Company’s Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

  • Material Contracts and Transactions Other than as expressly contemplated by this Agreement, there are no material contracts, agreements, licenses, permits, arrangements, commitments, instruments, understandings or contracts, whether written or oral, express or implied, contingent, fixed or otherwise, to which Pubco is a party except as disclosed in writing to Priveco or as disclosed in the Pubco SEC Documents.

  • Subsidiaries and Affiliates of Borrower To the extent the context of any provisions of this Agreement makes it appropriate, including without limitation any representation, warranty or covenant, the word "Borrower" as used in this Agreement shall include all of Borrower's subsidiaries and affiliates. Notwithstanding the foregoing however, under no circumstances shall this Agreement be construed to require Lender to make any Loan or other financial accommodation to any of Borrower's subsidiaries or affiliates.

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