No Preference Sample Clauses
A "No Preference" clause establishes that neither party is given priority or special consideration over the other within the context of the agreement. In practice, this means that the terms and obligations apply equally to all parties, and no one is favored in the interpretation or enforcement of the contract. This clause is commonly used to ensure fairness and to prevent disputes over perceived bias, thereby promoting equal treatment and reducing the risk of claims that the contract is skewed in favor of one side.
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No Preference. No Shares shall entitle any Member to any preemptive, preferential or similar rights unless such preemptive, preferential or similar rights are set forth in the applicable Series Designation on or prior to the date of the Series Offering of any interests of such Series (the designation of such preemptive, preferential or similar rights with respect to a Series in the Series Designation, the Interest Designation).
No Preference. OUC will perform its responsibilities associated with this Alliance Agreement without any preferential treatment to any member of the Alliance.
No Preference. Impacted Pages of a Distributed Application will not, directly or indirectly, promote over the UPS Shipping Services any offer for the sale of shipping services by any third-party carrier.
No Preference. No Lender shall have, previous to this Agreement, entered into or shall, subsequent to this Agreement, enter into any arrangement with the Borrower or any other Person, without the prior written consent of the other Lenders, which would have the effect of giving such Lender preference or priority over any other Lender in respect of the indebtedness of the Borrower under this Agreement.
No Preference. None of the shares of common stock are entitled to any preferences, and each share of common stock is equal to every other share of common stock in every respect.
No Preference. Unless expressly agreed otherwise, it is acknowledged that there is no Pact of Preference in favor of SELLER, for which reason the provisions of article 1182 and related articles of the National Civil and Commercial Code do not apply to the contractual relationship derived from hiring and/or of the Purchase Order.
No Preference. The following language is hereby added to the end of the sentence in Section 4(c)(ii): “(i.e., UPS will be presented on at least a neutral basis with respect to UPS Competitors)”.
No Preference. If this option is selected, a FSBI stockholder is indicating that he or she has no preference as to the form of consideration to be received, and will accept cash, shares of PFS common stock or a combination of both as determined by PFS and its Exchange Agent, Registrar and Transfer Company, based on what is available after other FSBI stockholders have made their elections. · The election period expires at 5:00 p.m., Eastern time, on , 2004. The companies anticipate the effective date of the merger to occur on or about June 30, 2004. Unless we have otherwise advised you, it is imperative that we receive your instructions prior to the expiration date. · If you miss our processing deadline, we may be unable to comply with your election preference. PFS and its exchange agent will determine whether cash, shares of PFS common stock or a combination of cash and shares of PFS will be distributed to you pursuant to the allocation and proration procedures described in the merger agreement. · PFS cannot ensure that all FSBI stockholders will receive their election choices. The merger agreement provides that 60% of the outstanding shares of FSBI common stock will be exchanged for shares of PFS common stock and that 40% of the outstanding shares of FSBI common stock will be exchanged for cash. After the election deadline, PFS and the Exchange Agent will calculate the exact amount of cash and/or shares of PFS common stock to be distributed to each FSBI stockholder based on all valid elections received and in accordance with the allocation and proration procedures set forth in the merger agreement. If FSBI stockholders owning more than 60% of the outstanding shares of FSBI common stock elect to receive shares of PFS common stock, the amount of PFS common stock that each such FSBI stockholder would receive from PFS will be reduced on a pro rata basis. As a result of that pro rata reduction, these FSBI stockholders will receive cash for any FSBI shares for which they do not receive PFS common stock. Similarly, if stockholders owning more than 40% of the outstanding shares of FSBI common stock elect to receive cash for such shares, the amount of cash that each such FSBI stockholder would receive from PFS will be reduced on a pro rata basis. As a result of that pro rata reduction, these FSBI stockholders will receive PFS common stock for any FSBI shares for which they do not receive cash. The allocations and prorations will be based on the provisions of the merger agreement...
No Preference. Unit Holder is liable for a Claim under the Tax Indemnity to the extent that the Claim arises from any:
(i) amount derived by Aurizon Network (or the Head Company) as Contractor under the Construction Agreement;
(ii) amount of any “Fee” (as defined in the Rail Corridor Agreement) derived by Aurizon Network (or the Head Company) as Landholder under clause [5] of the Rail Corridor Agreement;
(iii) amount derived by Aurizon Network (or the Head Company) in its capacity as a Preference Unit Holder in the Trust;
(iv) amount derived by the Trustee pursuant to clause [19] of the Trust Deed;
(v) amount derived or expense incurred by Aurizon Network (or the Head Company) in satisfying its obligations to repair or replace the Extension Infrastructure (or part thereof) under clause [4] of the Extension Infrastructure Sub-Lease;
(vi) Stamp Duty payable on, in relation to, or as a consequence of any acquisition by Aurizon Network of Preference Units in the Trust;
(vii) Liability for Tax that arises in respect of any amount by which the portion of the aggregate of Access Charges under applicable Access Agreements for a fiscal year that is attributable to the operation and maintenance of the Extension exceeds the expenditure incurred by Aurizon Network or the Head Company in relation to the operation and maintenance of the Extension during that fiscal year;
(viii) failure by the Indemnified Entity making the Claim to comply with a Tax Law (except where that failure arises as a result of the Indemnified Entity adopting a position after forming the view, acting reasonably, that the position would more likely than not prevail if adjudicated by a court);
(ix) demand made by the Indemnified Entity making a Claim after the expiry of 3 months after the expiration of the statutory period within which the relevant Governmental Agency may seek to recover the Tax to which the Claim relates;
(x) amount equal to “OPRA” (as defined in [schedule 1] of the Extension Infrastructure Sub-Lease) derived by Aurizon Network;
(xi) amount of interest derived by the Indemnified Entity making the Claim (or the Head Company where the Claim is made by Aurizon Network) pursuant to a clause of a Transaction Document that requires the payment of such interest;
(xii) charges, Taxes and rates payable by Aurizon Network, as lessee, in accordance with clause [5.5] of the Extension Infrastructure Sub- Lease;
(xiii) any amount in respect of which (and the extent to which) the Indemnified Entity has otherwis...
No Preference. Each Obligor Party represents that the obligations incurred pursuant hereto are not given as a preference against any other creditors thereof, respectively. No Obligor Party has any intent to hinder, delay or defraud any present or future creditor, through such conveyance or otherwise.