SUBMISSIONS OF COUNSEL Sample Clauses

SUBMISSIONS OF COUNSEL. 1. For the appellants, Mr. Xxxxxx submitted in essence that the respondents cannot maintain the claim against the appellants because the Legal Personal Representative to Xxxxx Xxxxxx’x estate is not a party to the action.
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SUBMISSIONS OF COUNSEL. 6. It was initially the case that the argument on behalf of the Claimant was premised on the absence of a clear procedure on the operation of section 28 of the Act insofar as it pertained to the circumstances or manner in which the opinion of the Commissioner was requested on - whether and if so in what amount - stamp duty is payable in relation to any transaction under the Act. In fact, the rationale for the Claim was alleged partly to be for the Court to pronounce upon such procedure, there being no regulations guiding the operational administration of the Act. As stated earlier herein, there was belated reference to section 73 of the Act and the Stamp Duties Regulations, the combined effect of which prescribes a clear procedure for assessment of tax in respect of conveyances and transfers and other instruments to be assessed with fixed or ad valorem duty. This procedure will be specified in the Court’s discussion and analysis of the issues but it suffices to say at this point, that Senior Counsel for the Claimant accepted the procedure so prescribed, but in any event maintained his position in relation to the Commissioner’s disentitlement to look beyond the stated consideration in the deed, that being the best evidence of market value.
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SUBMISSIONS OF COUNSEL. 6. The Garnishee’s position is that the final order ought to be set aside notwithstanding that they failed to appear at the hearing on the 28th July, 2016. Their position at that time was that as the provisional order stated that they were to pay out of such monies which were owing to the Defendant, it was unnecessary to attend the proceedings as they had no monies owing. This was so as the Defendant had failed to honour its obligations remaining under the contract. This situation was likened to the principle long determined in Hall et anor. v Xxxxxxxxx & The Corporation of Huddersfield (Garnishees).1The principle in Hall2 is that the future salary of an employee cannot be attached as the salary is unearned and thus the debt is not actually due. Counsel for the Garnishee also cited Merchant International Co. Ltd v Natsionalna Aktsinerna Kompaniia Naftogaz Ukrainy3 to further illustrate that a debt not yet accrued cannot properly be made the subject of an attachment order.
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SUBMISSIONS OF COUNSEL. On behalf of the Appellant Xx. Xxxxxx submitted in essence:
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Related to SUBMISSIONS OF COUNSEL

  • Opinions of Counsel Receipt by the Administrative Agent of favorable opinions of legal counsel to the Loan Parties, addressed to the Administrative Agent and each Lender, dated as of the Closing Date, and in form and substance satisfactory to the Administrative Agent.

  • Legal Opinions of Counsel The Administrative Agent shall have received an opinion or opinions (including, if requested by the Administrative Agent, local counsel opinions) of counsel for the Loan Parties, dated the Closing Date and addressed to the Administrative Agent and the Lenders, in form and substance acceptable to the Administrative Agent.

  • Opinions of Counsel to Loan Parties Lenders shall have received executed copies of one or more favorable written opinions of (i) Skadden, Arps, Slate, Xxxxxxx & Xxxx LLP, counsel for Loan Parties and (ii) general counsel to Company, each dated as of the Closing Date and reasonably satisfactory to Administrative Agent and as to such matters as Administrative Agent acting on behalf of Lenders may reasonably request (this Agreement constituting a written request by Company to such counsel to deliver such opinions to Lenders).

  • Opinions of Counsel to Credit Parties Lenders and their respective counsel shall have received originally executed copies of the favorable written opinions of (i) Xxxxxxx Xxxxxxx & Xxxxxxxx LLP, special counsel for Credit Parties and (ii) X. Xxxxxx Xxxxxx, in-house counsel for Company, each in the form of Exhibit D and as to such other matters as Administrative Agent may reasonably request, dated as of the Effective Date and otherwise in form and substance reasonably satisfactory to Administrative Agent (and each Credit Party hereby instructs each such counsel to deliver such opinions to Agents and Lenders).

  • Opinions of Counsel for Company At the Closing Time, the Representatives shall have received the favorable opinion, dated as of the Closing Time, of each of Xxxxxxxx and Wedge and Xxxxxx, Hall & Xxxxxxx LLP, counsel for the Company, in form and substance satisfactory to counsel for the Underwriters, together with signed or reproduced copies of such letter for each of the other Underwriters to the effect set forth in Exhibits A and B hereto, respectively, and to such further effect as counsel to the Underwriters may reasonably request.

  • Selection of Counsel In the event the Company shall be obligated under Section 3(a) hereof to pay the expenses of any proceeding against Indemnitee, the Company, if appropriate, shall be entitled to assume the defense of such proceeding, with counsel approved by Indemnitee, upon the delivery to Indemnitee of written notice of its election so to do. After delivery of such notice, approval of such counsel by Indemnitee and the retention of such counsel by the Company, the Company will not be liable to Indemnitee under this Agreement for any fees of counsel subsequently incurred by Indemnitee with respect to the same proceeding, provided that (i) Indemnitee shall have the right to employ counsel in any such proceeding at Indemnitee’s expense; and (ii) if (A) the employment of counsel by Indemnitee has been previously authorized by the Company, (B) Indemnitee shall have reasonably concluded that there may be a conflict of interest between the Company and Indemnitee in the conduct of any such defense or (C) the Company shall not, in fact, have employed counsel to assume the defense of such proceeding, then the fees and expenses of Indemnitee’s counsel shall be at the expense of the Company.

  • Opinions of Counsel to the Company The Underwriters shall have received the opinions and letters, each dated the Closing Date and any Option Closing Date, as the case may be, each reasonably satisfactory in form and substance to the Representative and counsel for the Underwriters, from Carmel, Mxxxxxx & Fxxx LLP, as corporate/securities counsel.

  • Opinions of Counsel for the Company The Underwriter shall have received on each Closing Date

  • Opinions of Company Counsel On the Commencement Date, the Investor shall have received the opinion and negative assurances from outside counsel to the Company, dated the Commencement Date, in the forms mutually agreed to by the Company and the Investor prior to the date of this Agreement.

  • Advice of Counsel If PFPC shall be in doubt as to any question of law pertaining to any action it should or should not take, PFPC may request advice at its own cost from such counsel of its own choosing (who may be counsel for the Fund, the Fund's investment adviser or PFPC, at the option of PFPC).

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