Facts and Circumstances Sample Clauses

Facts and Circumstances. The test of the “reasonable personexamines the offeror’s words and conduct in light of all the relevant facts and circumstances. ❑ Statements made in obvious jest or in frenzied terror that sound like an offer cannot be changed into a contract by acceptance. ❑ Example: a mother screaming for someone to help her drowning child and she will give them $20,000 for them to save the child
Facts and Circumstances. Whether a partial termination of the Plan occurs on account of Participant turnover (and the time of such event) depends on all the facts and circumstances in a particular case. Facts and circumstances indicating that the Turnover Rate for an Applicable Period is routine for the Employer favor a finding that there is no partial termination for that Applicable Period. For this purpose, information as to the Turnover Rate in other Applicable Periods and the extent to which Employees who Terminated Employment were actually replaced, whether the new Employees performed the same functions, had the same job classification or title, and received comparable Compensation are relevant to determining whether the turnover is routine for the Employer.
Facts and Circumstances. (i) Hazardous Materials have been released at the Warren Glen mill and the Hughesville mill and are the subject of ISRA/ECRA Administrative Consent Orders ("ACOs"), as amended, entered into by James River Paper Company, Inc. with the New Jersey Department of the Environmental Protection ("NJDEP") and an ACO entered into by Custom Papers Warren Glen Inc. and Custom Papers - Hughesville Inc. with NJDEP guaranteeing the obligations of James River at the Warren Glen mill and the Hughesville mill, respectively, to NJDEP. Descriptions of the Hazardous Materials Released, identified Releases, and remedial actions being performed are found in NJDEP ISRA Case files nos. 91205 and 91206 and are incorporated herein by reference.
Facts and Circumstances. T he test of the “reasonable personexamines the offeror’s words and conduct in light of all the relevant facts and circumstances. S tatements made in obvious jest or in frenzied terror that sound like an offer cannot be changed into a contract by acceptance. Example: a mother screaming for someone to help her drowning child and she will give them $20,000 for them to save the child Preliminary Negotiations S ometimes one party may state tentative terms, inviting other parties to make offers. Example: Tom says to Matt “I’ll give you $400 today for your laptop computer. Do you agree to my deal?” Example: Pete says to the class, “I think I’m interested in selling my car for around $3,000. Is anyone interested?” This is not an offer to sell. Social Agreements Social invitations are not intended to create legal obligations. Example: Two friends make a date to go out to Carmella’s for dinner. No contract is intended or formed. If either breaks the date, the other may be offended but cannot sue.
Facts and Circumstances. Based on all the facts and circumstances, at least 50 percent of the gross income of a qualified opportunity zone business is derived from the active conduct of a trade or business in a qualified oppor- tunity zone.
Facts and Circumstances. The following facts and circumstances provide the basis for a more flexible control analysis that does not rely strictly on the degree of structural control or on any one factor. Although some factors are more significant than others, the analysis looks to a preponderance of all the facts and circumstances that demonstrates significant control over management and financial decisions which have been ceded by participating entities to a governing body under a joint operating agreement or a "super" parent organization. There may be other facts and circumstances that have not been listed and they too will be considered if raised by organizations.

Related to Facts and Circumstances

  • Adverse Circumstances No condition, circumstance, event, agreement, document, instrument, restriction, litigation or proceeding (or, to Grantor's knowledge, threatened litigation or proceeding or basis therefor) exists which (a) would have a Material Adverse Effect upon Grantor, or (b) would constitute an Event of Default or an Unmatured Event of Default.

  • Special Circumstances An employee shall be entitled to extend the maternity leave by up to an additional six (6) consecutive weeks' leave without pay where a physician certifies the employee as unable to return to work for medical reasons related to the birth. An employee shall be entitled to extend the parental leave by up to an additional five (5) consecutive weeks' leave without pay where the child is at least six (6) months of age before coming into the employee's care and custody and the child is certified as suffering from a physical, psychological or emotional condition. Provided however, that in no case shall the combined maternity and parental leave exceed fifty-two (52) consecutive weeks following the commencement of the leave.

  • Unforeseen Circumstances It means circumstances outside THE CARRIER’s normal operations which prevent operation of a flight or delay its departure or arrival, such as weather conditions, technical failures outside the scheduled or routine maintenance of the aircraft, issues and circumstances related to Passengers or third parties, malfunctioning of ground support equipment, political circumstances, strikes, riots, wars, curfews, and airport closures, among other things.

  • No Change in Facts or Circumstances Borrower warrants that (a) all information in the application for the loan submitted to Lender (the "Loan Application") and in all financial statements, rent schedules, reports, certificates and other documents submitted in connection with the Loan Application are complete and accurate in all material respects; and (b) there has been no material adverse change in any fact or circumstance that would make any such information incomplete or inaccurate.

  • Change of Circumstances The Company will, at any time during the pendency of a Placement Notice advise the Agent promptly after it shall have received notice or obtained knowledge thereof, of any information or fact that would alter or affect in any material respect any opinion, certificate, letter or other document required to be provided to the Agent pursuant to this Agreement.