Achieving netting enforceability
has been an ongoing effort for ISDA since the default of Guangdong International Trust and Investment Corporation in 1999.
2) A contract relating to such transaction may not be denied legal effect, validity or enforceability
solely because an electronic signature or electronic record was used in its formation.
means that a government can be compelled by an external party--such as citizens, public interest groups, or the judiciary--to use resources created by enabling legislation only for the purposes specified by the legislation.
The impact of Smith, McMorris, and 0'Neal becomes more apparent in the light of prior judicial decisions since Ithaca Trust, specifically those cases involving both the deductibility and the enforceability
There is very little case law on the enforceability
of shrink wrap and click wrap licence agreements and, apart from one old Alberta decision, all of the available case law comes from the United States.
To make other substantive and technical amendments to clarify the enforceability
of financial agreements and transactions in bankruptcy or insolvency.
NEW ORLEANS -- An important Fifth Circuit decision in a dispute over the enforceability
of a liquidated damages provision -- here, triggered by breaches of a non-compete clause in the sale of two vessels -- constitutes only the third time the Fifth Circuit has addressed this enforceability
issue under maritime law.
The full enforceability
of the settlement represents a significant accomplishment for the Crow Tribe.
The book also includes techniques for handling recent tax rulings on the availability of defeasance for New York mortgage loans, allocating indebtedness, managing risks associated with splitting mortgages for enforceability
, and responding to recent anti-lender cases.
Also, the Fifth Circuit held that this ruling applies even if a claim is disputed or contingent, with its enforceability
uncertain, on the date of death.
Indeed, the LTCM episode has no obvious bearing on what are arguably the central issues in the OTC derivatives study--whether or in what circumstances government oversight is appropriate to deter fraud or market manipulation and how best to provide legal certainty regarding the enforceability
of OTC derivative contracts.
The jury upheld the validity and enforceability
of the Transocean dual activity patents, and awarded reasonable royalty damages of 5% of the revenue received by GlobalSantaFe for its infringing rigs.
New cases are included that concern questions of first impression (Indiana), enforceability
of fee-for-competition clauses (Kansas), the proper test of enforceability
for franchise-context noncompetition covenants (Wisconsin), and covenant assignability where the employer retains a financial interest in a business sold to a successor employer (Pennsylvania).
The case addressed the enforceability
of arbitration clauses in standard construction contracts issued by e American Institute of Architects.
Accountants should consult their legal advisers about the enforceability
of liability clauses in their engagement letters.