Controlling Persons. Except as indicated on Question 4(i) of Section A of the Subscriber Questionnaire, the Subscriber is not a “controlling person” with respect to the Company.
Controlling Persons. Federal securities laws may impose joint and several liability on “control persons”, or persons in control of or who direct others within their corporation, whether or not such control or direction relates to the purchase and/or sale of that corporation’s securities. For example, Rule 10b-5 of the Exchange Act imposes liability on persons who control other persons who misrepresent or otherwise commit fraud in connection with the purchase or sale of securities. However, it is important to note that such laws generally do not make the controlling person absolutely liable for substantive violations by the persons controlled by them. In fact, under Section 15 of the Exchange Act, a controlling person can avoid liability by proving that “he had no knowledge of or reasonable grounds to believe in the existence of the facts by reason of which the liability of the controlled person is alleged to exist.”
Controlling Persons. For the purposes of determining the Controlling Persons of a new entity account, a Reporting SGFI may rely on information collected and maintained pursuant to AML/KYC procedures. What are the requirements of these AML/KYC procedures? The AML/KYC procedures applied by the SGFI must be consistent with MAS’ AML/CFT requirements, which are in turn consistent with the FATF Recommendations (as adopted in February 2012). Please refer to the Commentary on Section VIII, paragraph 137 (relating to Controlling Persons) for more details.
Controlling Persons. Equity Interest holders in the case of a trust that is a SGFI In the case of a trust that is a SGFI, which are the parties that are regarded as the holders of the Equity Interests (financial accounts of the trust)? In the case of a trust that is a SGFI, an Equity Interest is considered to be held by any person treated as a settlor or beneficiary of all or a portion of the trust, or any other natural person exercising ultimate effective control over the trust. This means that where the settlor, beneficiary or other person exercising ultimate effective control over the trust is itself an Entity, the SGFI would be required to look through that Entity to determine the relevant Controlling Person(s) who will be considered to be the Equity Interest Holder. In the conduct of the look through requirement, SGFIs may rely on information collected and maintained pursuant to AML/KYC Procedures. In respect of New Accounts, SGFIs must obtain a self- certification, which may be part of the account opening documentation and confirm the reasonableness of such self- certification based on the information obtained by the SGFI in connection with the opening of the account, including any documentation collected pursuant to AML/KYC Procedures. The AML/KYC Procedures applied by the SGFI must be consistent with MAS’ AML/CFT requirements, which are in turn consistent with the FATF Recommendations (as adopted in February 2012). Added on: 28 August 2020 E)
Controlling Persons. Collectively, (a) Guarantor, (b) any other party directly or indirectly liable for payment of the Secured Obligations, whether as maker, endorser, guarantor, surety, general partner, or otherwise, and (c) any successor to any of the foregoing. Pursuant to the foregoing, River Bend Associates, Inc., a Connecticut corporation, is not a Controlling Person as of the date of this Mortgage. No shareholder, officer, or director of Guarantor shall be considered a Controlling Person.
Controlling Persons. Collectively, (a) if Trustor is a partnership or joint venture, all general partners or joint venturers of Trustor, (b) Guarantor, (c)any other party directly liable for payment of the Secured Obligations, whether as maker, endorser, guarantor, surety, general partner, or otherwise, and (d) any successor to any of the foregoing.
Controlling Persons. Ex Xxxxxxx and Mxxxxxx Xxxxxx.
Controlling Persons. Not Applicable. To the best of NBAB's knowledge, the Nordea Group is not directly or indirectly owned or controlled by any single person or group of persons acting together. NBF is a direct, wholly-owned subsidiary of NBAB.
Controlling Persons. No indemnifying party shall (i) without the prior written consent of the indemnified parties (which consent shall not be unreasonably withheld), settle or compromise or consent to the entry of any judgment with respect to any pending or threatened claim, action, suit or proceeding in respect of which indemnification or contribution may be sought hereunder (whether or not the indemnified parties are actual or potential parties to such claim or action) unless such settlement, compromise or consent includes an unconditional release of each indemnified party from all liability arising out of such claim, action, suit or proceeding or (ii) be liable for any settlement of any such action effected without its written consent (which consent shall not be unreasonably withheld), but if settled with the consent of the indemnifying party or if there be a final judgment of the plaintiff in any such action, the indemnifying party agrees to indemnify and hold harmless any indemnified party from and against any loss or liability by reason of such settlement or judgment.
