According to the company, this share issue against set-off
payment is done in order to settle the additional payment for the financial year 2016 in relation to the acquisition of Great Apes Oy.
Does it spell disaster for the set-off
claimant under the PPSA priority structure, as commonly intimated by bank industry representatives in the aftermath of Drummond?
Under section 73 of the Income-tax Act, 1961, loss in a speculative transaction can only be set-off
against profits arising from speculative transactions.
According to the Extraordinary General Meeting of NMG held on 8 May 2014, a debt set-off
issue was approved, under which a total of 1,474,619 new shares were issued for an issue price of SEK3.
The manufacturing company would sell the entire production to the marketing and sales arm to claim VAT set-off
for sales within Maharashtra.
Making things more difficult, because the apportionment and set-off
issues are easily confused, is the bootstrap argument that the set-off
analysis supersedes an application of Fabre v.
Outside of bankruptcy, the law in most states recognizes the right of a bank to set-off
against a customer's account any of that customer's indebtedness which is in default with that bank.
A dollar-for-dollar set-off
would not be an even trade.
In section 6 clause 3, addition of the words "or set-off
issue" after the words "cash issue" in all locations.
ASA and a guarantee set-off
from certain bondholders.
be monitored monthly and should the set-off
Resona's transactions incorporate trigger events as protection measures, which are based on the assumption that a weakening in Resona's credit quality could lead to an increase in set-off
risk and commingling risk, a deterioration in the trustee's and servicer's ability to perform their duties, and a decline in the performance of the securitized receivables.
As is well documented (see commentary reference below), all Dutch RMBS transactions are exposed to a measure of set-off
risk," said Brian Kane, director at Standard & Poor's Structured Finance Ratings group in London.
Dental entered into an agreement with the Company's lenders which provides, among other things, that the lenders will not file suit against the Company, foreclose on any collateral, exercise self-help remedies with respect to any collateral, or set-off
any of the Company's cash accounts.
As previously announced, the Company is in default under its credit facility and, as a result, the Company's bank group has exercised its right of set-off
and applied approximately $1.