To the extent any communication provided hereunder constitutes or contains material, non-public information about the Company or any of its subsidiaries, the Company shall simultaneously file such communication with the Commission pursuant to a recent report on Form 8-K. With respect to the contract before him, the judge decided that the answer was (1), that is, any accounting provision would extinguish the seller`s liability. This meant that, in this case, the words “to the extent that” could have been replaced by “if”. Thus, the accounting risk in this context was transferred to the buyer. Good news for the seller. Bad news for the buyer. Good practices. Do not use if and to the extent that: the wording insofar as this inevitably implies that the condition to which the scope relates must be fulfilled in order for the following consequences to apply. In any case, drop if and.
This confirms my recent post, which suggests that U.S. consumers only save to the extent that they pay off their debts. The second thought concerns my old obsession, the British property market. When is ambiguous. When is something ambiguous because it brings two clauses in a somewhat explanatory link, contains elements of conditionality and implies a reference to the calendar, but does none of this in a very precise way. Conditionality is a bit fuzzy, because when can be interpreted as if…, as long as . And as in the times that. The last two interpretations do not necessarily contain clear limits as to whether a condition is met or not. After pH analysis with a microelectrode or combined electrode, the remainder of the sample was stored to determine the extent of Fe reduction as described in the next section. The question of what “to the extent that it” means was recently considered by the High Court in Zayo Group v. Ainger.
In this case, the seller was liable for a warranty claim under a contract of sale, except “to the extent” that a provision (for the liability of the target company) was established in the accounts. Does this mean: To the extent that the Company`s aforementioned obligation is unenforceable for any reason, the Company will make the maximum contribution to the payment and satisfaction of each of the indemnified liabilities permitted by applicable law. What does this mean for you? It was a decision of the Supreme Court, the point is obiter, some are surprised by this particular aspect of the verdict, and the decision was made, as always, based on the facts of the particular case before the judge. Nevertheless, it is a useful indication that the phrase “to the extent that the author and the negotiating team intend or not” could be interpreted as “if”. Therefore, computational costs in the current solvation model can be significantly reduced compared to other methods that require quantum chemical calculations or statistical modeling. I am surprised by the proposed solution of using “if and to the extent that”. I think that would only add to the confusion. A court could then conclude that this is a classically horrible legal formulation meaning “if and if,” that is, “if.” Any other interpretation is impossible (it would be useless to include both meanings 1 and 2 of the article). If is a condition. If refers to a clear context of “yes” or “no”, “true” or “false”. For example: “If the 100,000 boxes are delivered, the recipient pays 1 million euros”. In itself, the sentence means that delivery is the relevant moment triggering the payment obligation and indicates that if only 99,999 boxes are delivered, payment is not yet due.
So, you might want to look at what your precedents say to see if they cover the point specifically. The message is that if you want the phrase “to the extent that” to be used as proportionate wording, you need to be as sure as possible that it is objectively clear from the words in context. One solution could be to use the phrase “if and to the extent that”. If it is not possible to agree on a new wording, it may be necessary to examine the accounting provisions carefully and, if necessary, to ask supplementary questions. The time of the third and fourth operation of the pistons is fully used with the expansion energy, and the energy can be partially saved. Third, “the laws of the land should apply equally to all, unless objective differences justify differentiation.” To the extent provided in the Contracts, the portion of the Account Balance corresponding to reserves and other contractual liabilities relating to the Account shall not be subject to liabilities arising from other transactions that the Company may undertake. My bacon is saved to some extent by the fact that the OED lists NESHKI as a different spelling, as well as others, but if I had realized what I was doing, I certainly would have mentioned it. To the extent that the definitions of accounting terms in this Agreement or in any such attestation or other document are inconsistent with the meaning of such terms under generally accepted accounting principles, the definitions contained in this Agreement or in such certification or other document shall prevail.