2In 2006, the Commission advised that it will consider two primary factors when deciding whether to assess a civil monetary penalty on a public company: (1) “the presence or absence of a direct benefit to the corporation as a result of the violation”; and (2) “the degree to which th...
[75] of the Prospectus concerning the Underwriters’ market-making activities; and (iv) the [ninth] paragraph of text under the caption “Underwriting” on page S-[75] of the Prospectus concerning over-allotment transactions, stabilizing transactions, syndicate covering transactions and penalty bids....
The Underwriters also may impose a penalty bid. This occurs when a particular Underwriter repays to the Underwriters a portion of the underwriting discount received by it because the representatives have repurchased Notes sold by or for the account of such Underwriter in stabilizing or short coverin...
As a result, there is considerable uncertainty regarding the timing or ultimate resolution of such matters, which includes a possible eventual loss, fine, penalty or business impact, if any, and therefore, an estimate for the loss or a range of possible loss cannot be made. However, the ...
(iii) give any Person the right to receive or require a rebate, chargeback, penalty or change in delivery schedule under any TAP Material Contract; (iv) give any Person the right to accelerate the maturity or performance of any TAP Material Contract; or (v) give any Person the right to ...
Mr. Fishman agreed to cease and desist from committing or causing any violations of Sections 17(a)(2) and (3) of the Securities Act, paid a civil money penalty, and made a disgorgement payment with respect to certain stock options received in prior years. ...
been given, provided such judgment (i) is final and conclusive, (ii) is not in respect of taxes, a fine or a penalty, and (iii) was not obtained in a manner and is not of a kind the enforcement of which is contrary to natural justice or the public policy of the Cayman Islands. ...
At this time, no formal claim for a fine or penalty has been made in either matter. The Company’s policy is to comply with antitrust and competition laws and, if a violation of any such laws is found, to take appropriate remedial action and to cooperate fully with any related ...
These stabilizing transactions, syndicate covering transactions and penalty bids may have the effect of raising or maintaining the market price of our ADSs or preventing or retarding a decline in the market price of the ADSs. As a result the price of our ADSs may be higher than the price that...
Civil penalty cases for violations similar to common law offenses, particularly fraud. Cases where the SEC seeks monetary penalties for statutory violations that are like common law offenses.The critical factors in determining whether a case must go to federal court appear to be whether the SEC is...