Lack of Capacity Sample Clauses

Lack of Capacity. 27.1 In the event that the Bank receives written notice of the lack of capacity of the Accountholder under the Mental Capacity Act (Cap. 177A) of Singapore (or such other equivalent, amendment or replacement legislation), the Bank shall be entitled (but not obliged) to:
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Lack of Capacity. 39.1 In the event that we receive written notice of your lack of capacity under the Mental Capacity Act (Cap. 177A) of Singapore (or such other equivalent, amendment or replacement legislation), we shall be entitled (but not obliged) to: HBSP/ CVM/ CA/ MTG/ TNC101
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Lack of Capacity. 4.1 If the Bank receives an order or direction from the court under the Mental Health Ordinance (Cap 136) ("MHO") (or an equivalent, amendment or replacement legislation), the Bank shall act on the direction of the court and, to the extent permitted by the court,:
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Lack of Capacity. Although the CBDR-RC principle has made it easier for member states to deliver emission reductions in line with their capacity, the lack of capacity is still a potential problem in terms of state implementation. Besides that, it also triggers the non-compliance behavior of the member states. In general, negotiators in the Conference of the Parties (“COP”) forum said that the country they represent cannot ensure that compliance can continue due to the country's lack of capacity.60 58 Norway, “Update of Norway’s Nationally Determined Contributions (NDCs), xxxxxx.xxx, xxxxx://xxxxxx.xxx/sites/default/files/NDC/2022-06/Norway _updatedNDC_2020%20%28Updated%20submission%29.p df, at 1. 59 Xxxxxx X. Tørstad, “Participation, ambition and compliance: can the Paris Agreement solve the effectiveness trilemma?”, Environmental Politics, 2020, at 10–12. 60 Ibid., at 12. Based on the member state’s obligation to submit their NDCs, it was found that lack of capacity has often been an issue that emerged in their practice and is frequently mentioned in their submitted NDCs. The lack of capacity experienced by developing countries generally consists of another issue which is the low quality of implementation programs, lack of technical feasibility such as technological deficiencies. This makes it difficult for those countries to make ambitious efforts to achieve the emission reduction targets. In contrast, developed countries have more capacity in terms of making efforts to reduce their emissions. As a result, they are able to make more concrete and ambitious efforts to reduce their emissions. For instance, Indonesia’s challenges in increasing their capacity comes from the diversity of regional circumstances including the development progress of each region that requires a process in adjusting its implementation. In addition, weak coordination between authorities in mitigation efforts and inconsistencies in the data and information collection process also affect Indonesia’s lack of capacity.61 On the other hand, the member states of SIDS that have a higher level of 61 Indonesia, “Enhanced Nationally Determined Contribution Republic of Indonesia”, xxxxxx.xxx, xxxxx://xxxxxx.xxx/sites/default/files/NDC/2022-09/ENDC%20 Indonesia.pdf, at 20. vulnerability to climate change threat also face the same challenges. Natural resources that are affected by climate change are in fact the main source of their main income as well as supporting factors to reduce their poverty, improve the li...
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Lack of Capacity. If the Subrecipient demonstrates a lack of capacity to carry out the approved activities and services in a timely manner and with the funds granted, at the sole discretion of the Authority.
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Lack of Capacity. The parties agrees that the parties shall be able to enforce as defense in a legal proceeding the lack of capacity of the parties for the execution of this Agreement and the sense that BESTEL S.A. de C.V. is referred to as "Bestel" and that MAXCOM TELECOMUNICACIONES S.A. de C.V. is referred to as "MAXCOM", given to refer to each one of the parties in the above English Translation mentioned way, implicitly is obtained for transcribed the name of the corresponding partnership.
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Lack of Capacity. Civil Code section 1556 states that “all persons are capable of contracting except minors, persons of unsound mind, and persons deprived of civil rights.” “A contract of a person of unsound mind, but not entirely without understanding, made before the incapacity of the person has been judicially determined, is subject to rescission ….” (Civ. Code, § 39, subd. (a); also see Xxxxxxx x. Xxxxx (1968) 262 Cal.App.2d 824, 832.). In the nursing home context where the resident signed the arbitration agreement, it is important to look through the resident’s medical chart for the “Health & Physical” form to see if a physician decided whether the resident was capable of understanding and making decisions. 30 days notice Nursing home residents and their legal representatives can also rescind an arbitration agreement by giving written notice to the facility within 30 days of their signature. (Code Civ. Proc., § 1295, subd. (c).) Also, suppose the resident died within 30 days of executing the arbitration agreement. In that case, the nursing home must rescind the agree- ment since the decedent did not have sufficient time to make a knowing and willing decision. (Xxxxxxxxx x. Superior Court (2009) 176 Cal.App.4th 1461, but c.f., Xxxxx v. Italian Maple Holdings (2017) 13 Cal.App.5th 1152 [FAA preempts 30-day rescission requirement of Code Civ. Proc., § 1295].) Unconscionability The court may invalidate an uncon- scionable arbitration agreement. Califor- nia law is clear that an arbitration agreement can be revoked upon “such grounds as exist for the revocation of any contract.” (Code Civ. Proc., § 1281.) Unconscionability is one of those grounds. (Xxxxxxxxxx v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 114.) Although a showing of both substantive and procedural unconsciona- bility is required, the court has held they “need not be present in the same degree…the more substantively oppres- sive the contract term, the less evidence of procedural unconscionability is required to conclude that the term is unenforceable and vice versa.” (Suh v. Superior Court (2010) 181 Cal.App.4th 1504, 1515.) Procedural unconscionability may be proven by showing oppression, which is present when a party has no meaningful opportunity to negotiate terms or the contract is presented on a take-it-or- leave-it basis. (Xxxxxx v. Geographic Expeditions, Inc. (2010) 181 Cal.App.4th 816, 821.) It can also be shown by “unfair surprise,” such as the arbitration clause being buried i...
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Related to Lack of Capacity

  • Withdrawal of Capital No Member may withdraw all or any part of its Capital Contribution except with the unanimous consent of the mangers or as provided in Article III (regarding distributions generally) or Article VIII (regarding dissolution of the Company).

  • Ownership of Capital Stock The Shareholder is the beneficial owner of record and beneficially of all of the shares of capital stock of the Company, all of which shares are free and clear of all rights, claims, liens and encumbrances, and have not been sold, pledged, assigned or otherwise transferred except pursuant to this Agreement.

  • Conversion of Capital Stock At the Effective Time, by virtue of the Merger and without any action on the part of the Company, Parent, Merger Sub or the holders of any shares of capital stock of the Company, Parent or Merger Sub:

  • Return of Capital Except pursuant to the rights of Redemption set forth in Section 8.6, no Limited Partner shall be entitled to the withdrawal or return of his or her Capital Contribution, except to the extent of distributions made pursuant to this Agreement or upon termination of the Partnership as provided herein. No Limited Partner or Assignee shall have priority over any other Limited Partner or Assignee either as to the return of Capital Contributions, or as otherwise expressly provided in this Agreement, or as to profits, losses, distributions or credits.

  • Reservation and Availability of Capital Stock (a) The Company covenants and agrees that it will cause to be reserved and kept available out of its authorized and unissued shares of Preferred Stock (and, following the occurrence of a Triggering Event, out of its authorized and unissued shares of Common Stock and/or other securities or out of its authorized and issued shares held in its treasury), the number of shares of Preferred Stock (and, following the occurrence of a Triggering Event, Common Stock and/or other securities) that, as provided in this Agreement including Section 11(a)(iii) hereof, will be sufficient to permit the exercise in full of all outstanding Rights.

  • Description of Capital Stock The authorized capital stock of the Company conforms as to legal matters to the description thereof contained in the Prospectus.

  • Issuance of Capital Stock Except for (a) any transaction pursuant to an Unsolicited Proposal that Maker accepts in accordance with the fiduciary exception provided in Section 3.2 of the Recapitalization Agreement or (b) shares of capital stock issuable upon exercise or conversion of warrants or convertible securities outstanding prior to February 1, 2004, Maker shall not without Holder's prior written approval: (i) issue any shares of capital stock or other securities, or any instruments exercisable for or convertible into capital stock or other securities, or (ii) make any promises, commitments, undertakings, agreements or letters of intent for any of the issuances described in (i) hereof.

  • No Right to Demand Return of Capital No Member has any right to any return of capital or other distribution except as expressly provided in this Agreement. No Member has any drawing account in the Company.

  • Valid Issuance of Capital Stock The total number of shares of all classes of capital stock which the Company has authority to issue is 100,000,000 shares of Common Stock and 1,000,000 shares of preferred stock, $0.0001 par value per share (“Preferred Stock”). As of the date hereof, the Company has issued and outstanding 5,750,000 shares of Common Stock (of which up to 750,000 shares are subject to forfeiture as described in the Registration Statement) and no shares of Preferred Stock. All of the issued shares of capital stock of the Company have been duly authorized, validly issued, and are fully paid and non-assessable.

  • Dividend Subdivision, Combination or Reclassification of Common ---------------------------------------------------------------- Stock. In the event that the Company shall at any time or from time to time, ----- after the issuance of this Warrant but prior to the exercise hereof, (w) pay a dividend or make a distribution on the outstanding shares of Common Stock payable in Capital Stock, (x) subdivide the outstanding shares of Common Stock into a larger number of shares, (y) combine the outstanding shares of Common Stock into a smaller number of shares or (z) issue any shares of its Capital Stock in a reclassification of the Common Stock (other than any such event for which an adjustment is made pursuant to another clause of this Section 5), then, and in each such case, (A) the aggregate number of Warrant Shares for which this Warrant is exercisable (the "Warrant Share Number") immediately prior to such event shall be adjusted (and any other appropriate actions shall be taken by the Company) so that the Warrantholder shall be entitled to receive upon exercise of this Warrant the number of shares of Common Stock or other securities of the Company that it would have owned or would have been entitled to receive upon or by reason of any of the events described above, had this Warrant been exercised immediately prior to the occurrence of such event and (B) the Exercise Price payable upon the exercise of this Warrant shall be adjusted by multiplying such Exercise Price immediately prior to such adjustment by a fraction, the numerator of which shall be the number of Warrant Shares purchasable upon the exercise of the Warrant immediately prior to such adjustment, and the denominator of which shall be the number of Warrant Shares purchasable immediately thereafter; provided, however, that the Exercise Price -------- ------- for each Warrant Share shall in no event be less than the par value of such Warrant Share. An adjustment made pursuant to this Section 5.1 shall become effective retroactively (x) in the case of any such dividend or distribution, to a date immediately following the close of business on the record date for the determination of holders of Common Stock entitled to receive such dividend or distribution or (y) in the case of any such subdivision, combination or reclassification, to the close of business on the day upon which such corporate action becomes effective.

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