Non-Prejudicial Sample Clauses

Non-Prejudicial. It is the intent of the Members that the fishing history and DAS allocation of any Member’s Permit during the Qualifying Period, as reported to NMFS prior to joining the Sector, shall not be diminished or penalized as a result of participation in the Sector in lieu of participation in the multispecies DAS program.
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Non-Prejudicial. It is the intent of the Members that the allocation of ACE to any Member’s Permit during the Qualifying Period, derived from reports to NMFS prior to joining the Sector, shall not be diminished or penalized as a result of participation in the Sector in lieu of participation in the multispecies DAS program.
Sample 1Sample 2See All (4)
Non-Prejudicial. It is the intent of the Members that the allocation of ACE to any 34 Member’s Permit related to the Qualifying Period, derived from reports to GARFO prior to 35 joining the Sector, shall not be diminished or penalized as a result of participation in the Sector 36 in lieu of participation in the multispecies DAS program.
Sample 1
Non-Prejudicial. The adjustments in this Section 1.5 shall --------------- not prejudice the rights and remedies of the parties under Article 6.
Sample 1
Non-Prejudicial. The SUFA framework should not compromise Aurizon Network’s legitimate business interests or prejudice future extension projects, whether funded by Aurizon Network or via another SUFA transaction. For this reason, the SUFA framework is structured to ensure that SUFA does not disadvantage:  access customers with existing access rights relying on the railway;  the wider coal supply chain;  subsequent SUFA (or Aurizon Network-funded) projects;  Aurizon Network’s existing and future business activities; and  Aurizon Network’s legitimate business interests. An example of a potential impact of SUFA on Aurizon Network’s legitimate business interests is the financial metrics of Aurizon Network’s ultimate parent company, Aurizon Holdings Limited (Aurizon Holdings), as used in debt and equity markets. SUFA funding should not be classified as a liability on Aurizon Network’s balance sheet. Similarly, the Aurizon Holdings shareholders have legitimate expectations (given the nature of their investment) that their returns on Aurizon Network funding will not be impacted by a SUFA transaction. Moreover, a SUFA transaction should not impact on the returns available to Aurizon Network should it decide to fund further infrastructure extensions. It should be noted that for practical reasons, the submitted SUFA legal documents do leave some risks with Aurizon Network, for example:
Sample 1

Related to Non-Prejudicial

  • Other Exceptions Notwithstanding any other provision of this Section 8.2, the confidentiality obligations of the Parties shall not apply to: (i) information which a restricted Party learns from a third party having the right to make the disclosure, provided the restricted Party complies with any restrictions imposed by the third party; (ii) information which is rightfully in the restricted Party’s possession prior to the time of disclosure by the protected Party and not acquired by the restricted Party under a confidentiality obligation; or (iii) information which enters the public domain without breach of confidentiality by the restricted Party.

  • Holder’s Right to Receive Notice Nothing herein shall be construed as conferring upon the Holders the right to vote or consent or to receive notice as a shareholder for the election of directors or any other matter, or as having any rights whatsoever as a shareholder of the Company. If, however, at any time prior to the expiration of the Purchase Warrants and their exercise, any of the events described in Section 8.2 shall occur, then, in one or more of said events, the Company shall give written notice of such event at least fifteen days prior to the date fixed as a record date or the date of closing the transfer books for the determination of the shareholders entitled to such dividend, distribution, conversion or exchange of securities or subscription rights, or entitled to vote on such proposed dissolution, liquidation, winding up or sale. Such notice shall specify such record date or the date of the closing of the transfer books, as the case may be. Notwithstanding the foregoing, the Company shall deliver to each Holder a copy of each notice given to the other shareholders of the Company at the same time and in the same manner that such notice is given to the shareholders.

  • Indemnitee’s Right to Counsel Notwithstanding the provisions of Section 11(b) above, if in a Proceeding to which Indemnitee is a party by reason of Indemnitee’s Corporate Status, (i) Indemnitee reasonably concludes that he or she may have separate defenses or counterclaims to assert with respect to any issue which may not be consistent with the position of other defendants in such Proceeding, (ii) a conflict of interest or potential conflict of interest exists between Indemnitee and the Company, or (iii) if the Company fails to assume the defense of such proceeding in a timely manner, Indemnitee shall be entitled to be represented by separate legal counsel of Indemnitee’s choice at the expense of the Company. In addition, if the Company fails to comply with any of its obligations under this Agreement or in the event that the Company or any other person takes any action to declare this Agreement void or unenforceable, or institutes any action, suit or proceeding to deny or to recover from Indemnitee the benefits intended to be provided to Indemnitee hereunder, Indemnitee shall have the right to retain counsel of Indemnitee’s choice, at the expense of the Company, to represent Indemnitee in connection with any such matter.

  • Unconditional Right of Holders to Receive Payment Notwithstanding any other provision in this Indenture and any other provision of any Note, the right of any Holder of any Note to receive payment of the principal of, premium, if any, and interest on such Note on or after the respective Stated Maturities (or the respective Redemption Dates, in the case of redemption) expressed in such Note, or after such respective dates, shall not be impaired or affected without the consent of such Holder. ARTICLE SIX

  • Right of Certificateholders to Receive Payments Not to Be Impaired Anything in this Trust Agreement to the contrary notwithstanding, the right of any Certificateholder to receive distributions of payments required pursuant to Section 4.01 hereof on the Certificates when due, or to institute suit for enforcement of any such payment on or after the applicable Distribution Date or other date specified herein for the making of such payment, shall not be impaired or affected without the consent of such Certificateholder.

  • Documents to Be Given to Trustee The Trustee, subject to the provisions of Sections 6.1 and 6.2, shall be entitled to receive an Officers' Certificate and an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant to this Article Eight complies with the applicable provisions of this Indenture and that all conditions precedent to the execution and delivery of such supplemental indenture have been satisfied.

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