Group of Companies Clause Examples for Any Agreement

Group of Companies. The group of companies doctrine originates from French law (paras 252 et seq.). Since it treats the non-signatory company like an additional party to the arbitration agreement, the non-signatory needs to adhere to the “in writing” requirement just as an original additional party to the contract or a party subsequently joining the contract does (para. 154).322 156 (6) Power of Attorney/Agency. Form requirements for a power of attorney to conclude an arbitration agreement are not governed by Article II(2) but rather by the substantive law applicable under the lex fori’s conflict of law rules.323 These rules, however, may stipulate that the power of attorney shares the main contract’s form requirement that again would be the written form prescribed under Article II(2).324 A broker sending confirmations to both parties to the contract can 320 US: Basargin v. Shipowners’ Mutual Protection and Indemnity Association, XXII Y.B. Com. Arb. 894, 896 para. 6 (1997) (D. Alaska 1995); Haas, in: Weigand (ed.), Part 3, Art. II para. 48; Hausmann, in: Reithmann/Martiny (eds), para. 6684; Schlosser, in: Stein/Jonas (eds), annex to sect. 1061 para. 56; dissenting Italy: CA Salerno, XXI Y.B. Com. Arb. 576, 578 para. 5 (1996); Russia: Moscow District Court, XXIII Y.B. Com. Arb. 745, 748 para. 11 (1998). 321 US: Technetronics Inc. v. Leybold AG, XIX Y.B. Com. Arb. 843, 848 para. 14 (1994) (E.D. Pa. 1993); Haas, in: Weigand (ed.), Part 3, Art. II para. 48; Hausmann, in: Reithmann/Martiny (eds), para. 6684; Schlosser, para. 373; Schlosser, in: Stein/Jonas (eds), annex to sect. 1061 para. 56; dissenting Italy: Cass., sez. un., XI Y.B. Com. Arb. 518 (1986).
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Group of Companies. The Companies and any other company with which they have had a corporate link prior to the date hereof do not make up a group of companies for labor 63/67 purposes. Therefore, there is no joint and several liability for labor and social security obligations among the said companies.
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Group of Companies. No Group Company is a member of a group for any Tax purpose in any jurisdiction.
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Group of Companies. General notes
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Group of Companies. 21.7.1 The Company has not entered into, or agreed to enter into, an election pursuant to sections 171A or 179A of TCGA 1992, paragraph 16 of Schedule 26 to the Finance Xxx 0000, or section 792 of CTA 2009 (or paragraph 66 of Schedule 29 to the Finance Act 2002). 21.7.2 Neither the execution nor completion of this Agreement, nor any other event since the Accounts Date, will result in any chargeable asset being deemed to have been disposed of and re-acquired by the Company or any Subsidiary for Taxation purposes or to the clawback of any relief previously given. 21.7.3 The Company has not ever been party to any arrangements pursuant to sections 59F-G of TMA 1970 (group payment arrangements).
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Related to Group of Companies

  • Group A series of commodities with applicable commodity codes which are described in Attachment A under Price Sheet.

  • Information Concerning Company The Reports contain all material information relating to the Company and its operations and financial condition as of their respective dates which information is required to be disclosed therein. Since the date of the financial statements included in the Reports, and except as modified in the Other Written Information or in the Schedules hereto, there has been no material adverse change in the Company's business, financial condition or affairs not disclosed in the Reports. The Reports do not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading in light of the circumstances when made.

  • Subsidiaries All of the direct and indirect subsidiaries of the Company are set forth on Schedule 3.1(a). The Company owns, directly or indirectly, all of the capital stock or other equity interests of each Subsidiary free and clear of any Liens, and all of the issued and outstanding shares of capital stock of each Subsidiary are validly issued and are fully paid, non-assessable and free of preemptive and similar rights to subscribe for or purchase securities. If the Company has no subsidiaries, all other references to the Subsidiaries or any of them in the Transaction Documents shall be disregarded.

  • Subsidiaries of the Company The Company does not own or control, directly or indirectly, any corporation, association or other entity other than the subsidiaries listed in Exhibit 21 to the Registration Statement.

  • Holding Companies (a) In the case of Holdings, (i) conduct, transact or otherwise engage in any business or operations other than those incidental to its ownership of the Equity Interests of the Borrower and the performance of the Loan Documents, the ABL Loan Documents, the Second Lien Loan Documents, any Specified Refinancing Debt or any Specified Second Lien Refinancing Debt, (ii) incur any Indebtedness (other than (x) the First Lien Obligations, the ABL Obligations and the Second Lien Obligations, (y) intercompany Indebtedness incurred in lieu of Restricted Payments permitted under Section 7.06 and Indebtedness of the type described in Sections 7.03(i) through (m) (other than Section 7.03(k)(B)), 7.03(o) and 7.03(p) and (z) Guarantees of Indebtedness permitted by Section 7.03(n), (s), (t), (u) or (v)), (iii) create, incur, assume or suffer to exist any Lien on any Equity Interests of the Borrower (other than Liens pursuant to any Loan Document, any ABL Loan Document or any Second Lien Loan Document, Permitted Other Indebtedness Liens, Specified Refinancing Liens, Specified Second Lien Refinancing Liens or non-consensual Liens arising solely by operation of law); or (iv) make any Investments (other than (x) Investments in the Borrower or its Restricted Subsidiaries (including any temporary Investments to facilitate Permitted Acquisitions and other Investments permitted by Section 7.02) or (y) Investments of the type permitted by Section 7.02(a), (b), (h), (k) or (m). (b) In the case of GYP IV or GYP V, (i) conduct, transact or otherwise engage in any business or operations other than those incidental to their ownership of the Equity Interests of GYP V or the Canadian ULCs, as applicable, (ii) incur any Indebtedness (other than (y) intercompany Indebtedness incurred in lieu of Restricted Payments permitted under Section 7.06 and Indebtedness of the type described in Sections 7.03(i) through (m) (other than Section 7.03(k)(B)), 7.03(o) and 7.03(p) and (z) Guarantees of Indebtedness permitted by Section 7.03(f) (to the extent incurred by a Foreign Subsidiary), (n) (to the extent incurred by a Foreign Subsidiary) and (w)), or (iii) make any Investments (other than (x) Investments in GYP V, the Canadian ULCs or their Subsidiaries (including any temporary Investments to facilitate Permitted Acquisitions and other Investments permitted by Section 7.02), (y) Investments of the type permitted by Section 7.02(a), (b), (c), (h), (i), (k) or (m) or (z) in the case of GYP IV, that certain $390,000,000 promissory note, dated as of the Third Amendment Effective Date, between GYP IV, as lender, and GYP Canada Holdings LP, as borrower). (c) Nothing in this Section 7.14 shall prevent Holdings, GYP IV or GYP V from (i) the maintenance of its legal existence (including the ability to incur fees, costs and expenses relating to such maintenance), (ii) the performance of its obligations with respect to the Transactions, (iii) any public offering of its common stock or any other issuance or sale of its Equity Interests (other than Disqualified Equity Interests), (iv) making Restricted Payments or Dispositions (other than Dispositions of the Equity Interests of the Borrower), (v) participating in tax, accounting and other administrative matters as a member of the consolidated group of Holdings and the Borrower, (vi) holding any cash and Cash Equivalents (but not operating any property), (vii) providing indemnification to officers, managers and directors, (viii) any activities incidental to compliance with the provisions of the Securities Act of 1933, as amended and the Exchange Act of 1934, as amended, any rules and regulations promulgated thereunder, and the rules of national securities exchanges, in each case, as applicable to companies with listed equity or debt securities, as well as activities incidental to investor relations, shareholder meetings and reports to shareholders or debtholders and (ix) any activities incidental to the foregoing.