Instead Sample Clauses

Instead our justifications for proposing international aviation as a lead sector for a global carbon emissions reduction agreement are (in the broadest sense) political. The support for emissions reduction in this sector from gov- ernment leaders and industry stakeholders indicates an opportune alignment of political will for a sector-specific approach. No comparable alignment of interests appears to exist in any other global industry. From the industry’s perspective, while the policy drivers for an emissions reduction agreement are not entirely altruistic, they have no need to be. This is an industry that has enjoyed trade “exceptionalism,” and has been comfortable with it, since the signing of the Chicago Convention nearly seventy years ago. And indus- try stakeholders acknowledge that a sectoralized agreement can ensure the economic sustainability of international aviation, even though the participat- ing states must also seek an optimal level for emissions reduction.20 For governments, there is manifest political advantage to supporting a sectoral response by what is arguably the world’s most visible services industry. Through whichever lens it is scrutinized by public opinion, aviation has huge symbolic purchase. Emissions reductions pursued by one of the great en- ablers of globalization would have powerful demonstration effects for other industries, as well as for states.21 But we are mindful also of Realpolitik. We do not expect to reach a global “big bang” solution22 in the fraught arena of carbon emissions policy 20 See IATA, supra note 16, at 6. It might be contended that one of the virtues of a multisectoral agreement is that objective benchmarks could be set without paying heed to special interest squabbling. But it is also true that international aviation, an industry almost uniquely susceptible to exogenous shocks, remains more economically fragile than more geo- graphically “fixed” industries (coal power generation, for example). It is also true that a “one size fits all” approach in an industry like aviation — which has significant collateral effects on most national economies and the functioning of the world trade system — could also inflict undue harm on other significant sectors (intermodal travel and tourism, for example). See generally OXFORD ECON., AVIATION: THE REAL WORLD WIDE WEB (2009) (discussing the singular role of aviation in the global economy).
Instead the Court reasoned that, because the guidelines expressly referred to air fares, “one cannot avoid the conclusion that . . . the guidelines ‘relate toairline rates. ” Alter-
Instead the Accreted Value of each Note will increase (representing amortization of original issue discount) between the date of original issuance and April 15, 2009 at a rate of 14 3/4% calculated on a semi-annual bond equivalent basis using a 360-day year comprised of twelve 30-day months (as more fully set forth in the Indenture), such that the Accreted Value on April 15, 2009 will be equal to the full principal amount at maturity of the Notes. Beginning on the Full Accretion Date, cash interest on the Notes will accrue at the rate of 14 3/4% per annum and will be payable semi-annually in arrears on April 15 and October 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each, an "Interest Payment Date"). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from April 15, 2009; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided, further, that the first Interest Payment Date shall be October 15, 2009. The Company will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue principal and premium, if any, from time to time on demand at a rate that is 1% per annum in excess of the rate then in effect to the extent lawful; it will pay interest (including post-petition interest in any proceeding under any Bankruptcy Law) on overdue installments of interest and Additional Interest, if any, (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months.

Related to Instead

  • Consent; Determination or Discretion When the consent or approval of a party is required under this Agreement, such consent or approval shall be obtained in writing and unless expressly otherwise provided, shall not be unreasonably withheld or delayed. When a determination or decision is to be made by a party under this Agreement, that party shall make such determination or decision in its reasonable discretion unless expressly otherwise provided.

  • Lump Sum Payment NewMil Bancorp shall make a lump sum payment to the Executive in an amount in cash equal to one times the Executive’s annual compensation. For purposes of this Agreement, annual compensation means (a) the Executive’s annual base salary on the date of the Change in Control or the Executive’s termination of employment, whichever amount is greater, plus (b) any bonuses or incentive compensation earned for the calendar year immediately before the year in which the Change in Control occurred or immediately before the year in which termination of employment occurred, whichever amount is greater, regardless of when the bonus or incentive compensation is or was paid. NewMil Bancorp recognizes that the bonus and incentive compensation earned by the Executive for a particular year’s service might be paid in the year after the calendar year in which the bonus or incentive compensation is earned. The amount payable to the Executive hereunder shall not be reduced to account for the time value of money or discounted to present value. The payment required under this Section 2(a)(1) is payable no later than 5 business days after the date the Executive’s employment terminates. If the Executive terminates employment for Good Reason, the date of termination shall be the date specified by the Executive in his notice of termination.

  • Discretion To the fullest extent permitted by law, whenever in this Agreement a Person is permitted or required to make a decision (a) in its “sole discretion” or “discretion” or under a grant of similar authority or latitude, the Person will be entitled to consider only those interests and factors as he, she or it desires, including his, her or its own interests, and, to the fullest extent permitted by law, will have no duty or obligation to give any consideration to any interest of or factors affecting the Partnership or the Limited Partners, or (b) in its “good faith” or under another express standard, then the Person will act under the express standard and will not be subject to any other or different standards imposed by this Agreement or any other agreement contemplated by this Agreement or by relevant provisions of law or in equity or otherwise.

  • Lump Sum The Change Order cost is determined by mutual agreement as a lump sum amount changing the Contract Sum allowed for completion of the Work. The Change Order shall be substantiated by documentation itemizing the estimated quantities and costs of all labor, materials and equipment required as well as any xxxx-up used. The price change shall include the cost percent allowed for the Contractor's overhead and profit and, if eligible, Time Dependent Overhead Costs.

  • Success Fee A Success Fee of 1.25% shall be paid based on the aggregate Purchase Price of Common Stock sold in the Subscription Offering excluding shares purchased by the Company’s officers, directors, or employees (or members of their immediate family) plus any ESOP, tax-qualified or stock based compensation plans (except IRA’s) or similar plan created by the Company for some or all of their directors or employees, or any charitable foundation established by the Company (or any shares contributed to such a foundation). In addition, a Success Fee of 2.5 % shall be paid on the aggregate Purchase Price of Common Stock sold in the Direct Community Offering. In no event shall the Success Fees paid for the sale of Common Stock in the Subscription and Direct Community Offering be less than $275,000. The Management Fee described in 4(a) will be credited against the first Success Fee paid pursuant to this paragraph.

  • Expert Determination If a Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Services or otherwise relates to an ICT technical, financial technical or other aspect of a technical nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediation, then either Party may request (which request will not be unreasonably withheld or delayed) by written notice to the other that the Dispute is referred to an Expert for determination. The Expert shall be appointed by agreement in writing between the Parties, but in the event of a failure to agree within ten (10) Working Days, or if the person appointed is unable or unwilling to act, the Expert shall be appointed on the instructions of the President of the British Computer Society (or any other association that has replaced the British Computer Society). The Expert shall act on the following basis: he/she shall act as an expert and not as an arbitrator and shall act fairly and impartially; the Expert's determination shall (in the absence of a material failure by either Party to follow the agreed procedures) be final and binding on the Parties; the Expert shall decide the procedure to be followed in the determination and shall be requested to make his/her determination within thirty (30) Working Days of his/her appointment or as soon as reasonably practicable thereafter and the Parties shall assist and provide the documentation that the Expert requires for the purpose of the determination; any amount payable by one Party to another as a result of the Expert's determination shall be due and payable within twenty (20) Working Days of the Expert's determination being notified to the Parties; the process shall be conducted in private and shall be confidential; and the Expert shall determine how and by whom the costs of the determination, including his/her fees and expenses, are to be paid.

  • Lump Sum Payments If, during the Employment Period, the Company terminates the Executive's employment other than for Cause, or the Executive terminates employment for Good Reason, the Company shall pay to the Executive the following amounts:

  • PRE-PAYMENT The Tenant shall: (check one) ☐ - Pre-Pay Rent in the amount of $ for the term starting on , 20 and ending on , 20 . The Pre-Payment of Rent shall be due upon the execution of this Agreement. ☐ - Not be required to Pre-Pay Rent.

  • Sole Discretion The foregoing conditions are for the sole benefit of RemainCo and shall not give rise to or create any duty on the part of RemainCo or the RemainCo Board to waive or not waive such conditions or in any way limit RemainCo’s right to terminate this Agreement as set forth in Article IX or alter the consequences of any such termination from those specified in such Article. Any determination made by the RemainCo Board prior to the External Distribution concerning the satisfaction or waiver of any or all of the conditions set forth in Section 3.3 shall be conclusive.

  • Consideration Period You have 21 days from the date this Separation Agreement is given to you to consider this Separation Agreement before signing it. You may use as much or as little of this 21-day period as you wish before signing. If you do not sign and return this Separation Agreement within this 21-day period, you will not be eligible to receive the benefits described in this Separation Agreement.