Sonics think $10M should buy out Seattle lease Jun 13, 2008
It also asserts the team's dispute with the city is a garden variety tenant-landlord impasse that should not require "specific performance.". The city, which also filed its brief Wednesday, argues the lease explicitly requires "specific performance" -- that is, the Sonics need to play in KeyArena until 2010 ... The city counters in its brief that "specific performance" is required within the team's arena lease with Seattle signed in 1994, which Bennett's Professional Basketball Club LLC agreed... (SportsIllustrated.CNN)
Sonics Want To Pay $10 Million To Buyout KeyArena Lease Jun 12, 2008
The city, which also filed its brief Wednesday, argues the lease requires "specific performance," that is, the Sonics need to play in KeyArena through the 2009-2010 season. U.S. District Judge Marsha Pechman is presiding over the non-jury trial, expected to wrap up June 26. (Q13.com, WA)
Design Within Reach starts home accessories store Jun 11, 2008
These are pilot sites, though the company declined to discuss expansion plans or specific performance for the brand extension. So far, Tools for Living generates little of the company's revenue, but the company has high hopes that the lower prices and appeal to impulse buyers will pay off. (San Francisco Business Times, CA)
Hovnanian Enterprises Reports Second Quarter Fiscal 2008 Results Jun 4, 2008
HOVNANIAN ENTERPRISES, INC. AND SUBSIDIARIES CONDENSED CONSOLIDATED BALANCE SHEETS (In Thousands Except Share Amounts) April 30, October 31, 2008 2007 -------------- -------------- ASSETS (unaudited) Homebuilding: Cash and cash equivalents $119,910 $12,275 -------------- -------------- Restricted cash 4,461 6,594 -------------- -------------- Inventories - at the lower of cost or fair value: Sold and unsold homes and lots under development 2,039,797 2,792,436 -------------- -------------- Land... (PR Newswire)
Fans Go Crazy For The Kooks Jun 3, 2008
The buzz from this specific performance was a testament to fans' commitment: "Do You Wanna?" is on the band's sophomore album, "Konk," which wasn't even in stores yet (download the tune "No Longer" at nypost. com). (New York Post -- Entertainment)
Penn National: Re-cut discussions still at bid/ask level between banks and sponsors sources May 29, 2008
Unlike previous broken deals that have ended up in court, Penns merger agreement has no ambiguity in the specific performance clause, the person asserted, allowing the target the right to force the shell to sue the sponsors parent companies for equity financing. And if the banks refuse to fund the shell companies, the shell companies are required to sue the banks, he said, adding that no deals litigation process has fully tested these waters and gone to judgment. (FT.com -- Markets)
Limited rights May 27, 2008
This is because re-instatement would constitute specific performance. Leaving aside employees in government service where the situation is different, the courts are traditionally not inclined to order specific performance of a contract where personal services are involved. (The Star Online, Malaysia)
Hewlett-Packard offers more detail on increase in revenue May 21, 2008
Given the announcements, the outstanding questions for Hewlett-Packard revolved around specific performance during the second quarter, and also some questions nagging investors regarding the proposed acquisition of EDS, Shaw Wu, an industry analyst with American Technology Research, said. With regard to the quarter, Wu said analysts were looking to see if Hewlett-Packard could continue to improve its operating margins. (International Herald Tribune -- Business)
Summer camps, water parks and much, much more May 16, 2008
Each week features a specific performance which is held each weekday at 10 am with puppet making workshops following it. Then on Saturday a final performance of that same play with no workshop is held at 11 am. (Atlanta Journal-Constitution -- Health)
Penn National banks go to work on credit agreement this month for deal with little incentive to complete - sources May 13, 2008
The glue holding this deal together is the specific performance clause within the merger agreement, the second source said ... The company has a specific performance clause against the shell corporation which could prove to be a very challenging legal option to pursue, considering United Rentals suit with Cerberus earlier in the year ... Even though Penn could probably get specific performance against the shell corporation, it is unclear whether the shell can get a specific performance... (FT.com -- Markets)
"Law and Order" court preps for Clear Channel trial May 10, 2008
The private equity firms are seeking "specific performance" of a commitment letter detailing plans to fund the deal. Specific performance is when one party asks a judge to order another party to stick to a contract. (International Herald Tribune)
Corporate Scorecard May 3, 2008
United Rentals claimed that a clause in the contract gave it the right of specific performance -- the ability to force Cerberus to close the deal, provided the financing was still there ... At trial, he and other Lowenstein lawyers testified that they repeatedly made clear to United Rentals lawyer Eric Swedenburg, then a senior associate at Simpson Thacher ett, that specific performance wasn't acceptable and that Swedenburg had said he understood ... At the time the deal was drafted, in July,... (Law.com)
Alamo Rent A Car May 2, 2008
In the lawsuit, Alamo and National asked the court for a temporary restraining order, a preliminary injunction and a permanent injunction, specific performance damages, punitive damages, and attorneys' fees. Alamo estimates that the alleged breach of contract by Orbitz could cost the company more than $27 million in revenue through the remainder of 2008 especially as people begin booking summer vacations. (St. Louis Business Journal, MO)
Letters to the Editor May 2, 2008
It requires that applicants meet specific performance standards. Generally, Georgetown s bylaw as written and implemented is less science based but is driven by discretionary standards and individual preferences of Commission members. (Georgetown Record, MA)
RA vs. Unit Trusts Apr 22, 2008
Answer: In terms of the specific performance of your investments you should go to your broker and ask him or her to give you an update. Ask what annualised returns you have achieved since the policies have been in place. (iAfrica.com)
Banks in Clear Channel case ask for stay of trial Apr 19, 2008
Reuters Published: April 18, 2008. The banks being sued in the dispute over the $20 billion (10 billion pound) Clear Channel Communications Inc leveraged buyout asked the Supreme Court of Texas to stay all proceedings in a trial court there, according to court documents. (International Herald Tribune)
New Developments In Sonics Saga Apr 18, 2008
"Bennett's attorneys are trying to come up with some arguments that the lease should not be enforced, it diverts the issue. The lease is right here, there is a clear and specific performance clause in the lease, they don't mention that in this brief," said Schneiderman. According to the court documents filed by Bennett's lawyers, they also allege the Steve Ballmer group that includes developer Matt Griffin worked together to try to force Bennett to sell. (Q13.com, WA)
Second Annual JetToy Olympics Slated for SAE 2008 World Congress Apr 12, 2008
In the JetToy challenge, students make balloon-powered toy cars that meet specific performance criteria. Jet propulsion, friction, air-resistance and design are the core scientific concepts students explore in this challenge. (PR Newswire)
Capital Goods rally ahead of IIP data Apr 11, 2008
Though IIP numbers and specific performance of Capital Goods Index for January suggests some sort of a slowdown, we believe this is just a blip and expect these numbers to be much better in subsequent months. This could be due to either capacity constraints, execution delays, etc, Jain added. (India Times)
Clear Channel banks argue case should be dropped Apr 11, 2008
The private equity firms are seeking "specific performance" of a commitment letter that details the plans to fund the deal. Specific performance is when one party asks a judge to order another party to stick to a contract ... The banks have argued New York courts hold that, except in cases involving real property, a party may not secure specific performance of a contract to lend money. (ABC News -- Wire)
CEOs' bucks get a lot bigger, despite company performance Apr 10, 2008
The company's top executives still have to meet specific performance criteria to qualify for bonuses, but the new plan allows the board to pay bonuses even when non-performing mortgages overwhelm the bank's other businesses. "Our board felt this was an appropriate way to determine bonuses," says spokeswoman Olivia Riley. (USA Today -- Money)
Clear Channel dispute set for May trial Apr 4, 2008
The private equity firms are seeking "specific performance" of a commitment letter that details the plans to fund the deal. Specific performance is when one party asks a judge to order another party to stick to a contract. (ABC News -- Wire)
DoD News Briefing with Ad... Apr 3, 2008
I really -- as far as the specific performance is concerned, I would go to General Petraeus or -- and his people to determine -- and again, I -- while there may be some specifics now, Ithink it is too early to tell exactly how everybody did or what the outcome should be. In all of this -- or what the outcome was. (DOD DefenseLINK -- News)
Storage Basics: Is IP Storage Viable? Mar 29, 2008
Again, deciding on an FC-based versus iSCSI depends on the specific performance needs that you are addressing. Network utilization is another important concern. (EnterpriseStorageForum)
Credit Crunch Jams Deal for Clear Channel Mar 27, 2008
" Leland Westerfield of BMO Capital Markets wrote Wednesday that while none of the parties are talking, the apparent collapse comes at the end of a 25-business-day window for marketing the deal debt. While much could change in a short time, "the likely next steps for Clear Channel would be to seek a court remedy: to litigate for 'specific performance' to the equity buyout agreement (governed in Texas) and the lending agreements (governed in New York state)," he wrote Wednesday. "If the deal... (SmartMoney)
Build your own quad SLI: NVIDIA launches the 9800 GX2 Mar 19, 2008
5" long and dual-slot, both of which are standard for high-end cards today. One thing to also note from the above picture is the native HDMI output slot. That's a new feature for NVIDIA, as is the fact that the card is now capable of carrying video and audio over a single HDMI connection. Specifics on the card's core and memory clocks are given below: GPU No. of stream processors Core clock speed MHz Shader clock speed MhZ Memory clock speed MHz Bus width 8800 Ultra G80 128 612 1500 1080 384-bit... (Ars Technica)
Trans-Orient Provides Operational Update, Announces Executive Changes Mar 18, 2008
If specific performance criteria are met, then an additional 1,475,000 stock options can be earned. Trans-Orient currently has 36,545,225 shares outstanding, 52,819,867 fully diluted. (PR Newswire)
Bedden lays out plan for improving system Mar 9, 2008
The initiative makes Miami-Dade one of the few school systems in the country to assign specific performance goals to its employees. The move also changed the operational culture of the school system. (The Augusta Chronicle)
'American Idol' Castoffs Speak: Robbie Carrico Wants You To Leave Britney (And His Hair) Alone; Jason Yeager Reveals Boy-Band Past Mar 1, 2008
end addStyle function //////////////////////////////////////////////////////// // not in use with optimized navigation clickMenu : function(h){ window. location = h; }, highlight : function(e,obj) { if(this. (VHI.com -- Music News)
Penn National sponsors scratching their heads over original price; no indication of re-cut yet sources Feb 28, 2008
Banks are on board for funding the deal and the merger contract contains a specific performance, leaving sponsors little room to wiggle out of the current agreement, the source said. However, if a price re-cut were to emerge, it would make it easier for banks to change their position, said the source. (FT.com -- Markets)
Clear Channel Is Anything But Feb 26, 2008
The suit demands "specific performance" in an also protracted $1. 2 billion deal for the firm to acquire Clear Channel's television stations. (MSNBC -- Business)
* Arts budget need creative thinking Feb 25, 2008
Take Cloud Gate for example: In a major country, such an internationally renowned company would probably have a "home" -- a specific performance venue/rehearsal space that offers seasonal performances to the public. How could Cloud Gate have been allowed to make-do for so many years with what was little more than an illegally built corrugated metal shack. (Taipei Times, Taiwan -- World)
Bain Capital Feb 20, 2008
It claims "specific performance," seeking a ruling that would force Rhode Island-based equity firm Providence to complete the agreed-upon deal, according to a story in the Wall Street Journal's online edition. Clear Channel and Providence announced the pending $1. (Milwaukee Business Journal, WI)
Rising attrition: Companies outsource recruitment & training process Feb 17, 2008
However, the contract that employees have to sign refers to specific performance , which means the employee is liable only to perform his/her duty. But if the person is not happy with the job, this can have a counter effect. (India Times)
Governor and cabinet make an appearance Feb 8, 2008
When they complete training and after meeting some specific performance goals, workers will receive an additional 1 per hour, bringing their hourly base wage rate to 10 per hour. That excludes incentives and shift differential pay. (Park Hills Daily Journal, MO)
MacBook Air SSD review Feb 7, 2008
Nor did [Apple] offer any specific performance claims for the flash [drive. The Storage Bits take I ve been following the flash follies closely for over a year. (ZDNet Blogs)
Perfect Electric Melting Feb 6, 2008
Operators aim to meet specific performance standards, so they adapt their melting practices to local and/or market conditions. This doesnt mean that there are no ideals in electric melting. (33Metalproducing)
Intel and Micron Develop the World's Fastest NAND Flash Memory With 5X Faster Performance Feb 1, 2008
For example, the specific performance advantages of high speed NAND in today s most popular devices include. When used in a hybrid hard drive, high speed NAND can allow the system to read and write data anywhere between two or four times the speed when compared to conventional hard drives. (BusinessWire)
Clear Channel sponsors reaffirm desire to complete deal; banks cautiously testing appetite in debt market Jan 31, 2008
When asked whether the inclusion of specific performance in Harrahs merger agreement and not Clear Channels could have had an impact on the formers closing, the source said he has yet to hear anyone point out that difference. To some extent, itll be a game of who wants to blink, he added. (FT.com -- Markets)
Lease-Option Should Specify Terms of the Sale Jan 25, 2008
In November of 2004, Patel filed a lawsuit seeking specific performance. A jury found (a) that the two had entered into an option agreement giving Patel the right to purchase the property, and (b) that the terms of the option contract were "sufficiently clear to enable the parties to carry out the objective of the contract." The trial court then ordered that the contract be performed with escrow closing no later than 60 days. (RealtyTimes)
Most companies unlikely to disclose executive pay goals Jan 25, 2008
Watson Wyatt asked 135 large, publicly traded U.S. companies about their disclosure plans and found that just 42% plan to give what specific performance goals they used for the 2007 fiscal year. The poll found that 31% of companies have no plans to spell out goals, while 27% are unsure what they will do. (USA Today -- Money)
Doubts Over Deal Hit Countrywide Shares Jan 20, 2008
Bank of America wouldn't be held to a "specific performance" clause, which generally refers to the ability of the seller to force the buyer to complete a buyout. Countrywide also agreed to a broadly worded clause on "material adverse changes" that could torpedo the deal. (Wall Street Journal)
The 'war on terror' moves East Jan 17, 2008
A related option - which appears to be the operational strategy at the moment - is to ensure that at least some US military aid is tied to specific performance, step up counter-insurgency training for the army and the paramilitary Frontier Corps, and provide $750 million in development aid to FATA over five years as part of a long-term effort to weaken the insurgency. But Christine Fair, a regional specialist at the Rand Corporation, has argued that such a plan is "four years too late", given... (Asia Times Online)
Arts: 'Lady Day' retells life of Billie Holiday through story, song Jan 10, 2008
"This is not a re-enactment of a specific performance she performed," Wilder said. "Basically, she is telling us her life story in between the songs.". (Juneau Empire)
Faltering buyouts prompt new tactics to lock in deals Jan 5, 2008
Chandler wrote in his opinion that the contract for the deal was "hopelessly conflicted" on the question of whether United Rentals could force Cerberus to complete the transaction, what is known in legal parlance as "specific performance." His decision limited the company's legal remedy to collecting the $100 million termination fee as stated in the contract ... He later said, "I don't recall using the words 'specific performance' when talking about the contract.". (International Herald Tribune -- Business)
Nurse Manager Dec 29, 2007
This push pin is accurate to city level. It does not reflect the exact job location. (The Clarion-Ledger)
United Rentals Loses Bid to Force $4 Billion Cerberus Buyout; Shares Slump Dec 23, 2007
People are going to be much more careful going forward on the termination fee clauses and specific performance clauses,'' said Chip MacDonald, a partner at Jones Day's Atlanta office. The law firm is based in Washington. (Bloomberg -- US)
Judge Pulls The Plug On United Rentals Dec 22, 2007
Because United Rentals "has failed to meet its burden of demonstrating that the common understanding of the parties permitted specific performance of the merger agreement, United Rental's petition for specific performance is denied," the chancellor ruled. The outcome of the trial came down to the interpretation of a clause in the agreement known as "specific performance," which United Rentals says allows it to force Cerberus to complete the deal at the original price. (Forbes -- Markets)
Opening the vault Dec 21, 2007
3 million tied to "specific performance criteria." Still, there remains a lack of clarity regarding Managed Care Advisory Services. It still appears in UPMC's compensation section, having received $4. (Pittsburgh Post-Gazette, PA)
United Rentals Vs. Cerberus: It's Up To The Judge Dec 20, 2007
The outcome of the trial will likely come down to interpretation of a clause in the $4 billion buyout agreement known as "specific performance," which United Rentals says allows it to force Cerberus to complete the deal at the original price. In testimony Tuesday, Cerberus CEO Stephen Feinberg said that he wasn't sure of "the legal definition of specific performance." (See: ) Feinberg maintained that his New York-based company s liability in pulling out of the deal is capped at $100 million and... (Forbes -- Markets)
Hovnanian Enterprises Reports Fiscal 2007 Results Dec 19, 2007
Hovnanian Enterprises, Inc. October 31, 2007 Interest Incurred, Expensed and Capitalized (Dollars in Thousands) Three Months Ended Twelve Months Ended October 31, October 31, 2007 2006 2007 2006 (Unaudited) (Unaudited) Interest Capitalized at Beginning of Period $156,603 $92,313 $102,849 $48,366 Plus Interest Incurred 46,262 57,858 194,547 166,427 Less Interest Expensed 47,223 47,322 141,754 111,944 Interest Capitalized at End of Period $155,642 $102,849 $155,642 $102,849 HOVNANIAN ENTERPRISES,... (PR Newswire)
SkyCross Antennas Embedded in Mobile Handsets Developed by Shanghai Simcom Dec 18, 2007
A single, multi-band, embedded SkyCross antenna is custom designed for each device model to meet specific performance requirements. In addition to delivering high-performance antennas to Shanghai Simcom, SkyCross also provides significant expertise in maximizing performance of the entire RF system filters, multiplexers, and related components. (Yahoo! Wire -- Entertainment News)
United Rentals stock up 6% on settlement hopes Dec 18, 2007
Cerberus and United Rentals are fighting over a clause in the merger agreement known as specific performance. United Rentals has argued that the clause does not allow Cerberus to terminate the agreement and gives United Rentals the right to have the deal enforced. (San Diego Union-Tribune -- Business)
SOA changing management, monitoring Dec 11, 2007
The Ajax views for the XML data provide metrics that can be customized for specific performance issues such as uptime availability or processor performance ... The Ajax views for the XML data provide metrics that can be customized for specific performance issues such as uptime availability or processor performance. (Search Webservices)
US Airways: if flight, baggage goals are met, employees get $100 Dec 11, 2007
After a summer full of flight delays, the airline wants to meet specific performance goals in November and December: at least 60 percent of all flights must depart at the scheduled time or earlier, and mishandled bags must be limited to no more than seven bags per 1,000 bags. If both goals are met, the company's roughly 36,000 employees will get $100. (Erie Times-News, PA)
nworks Smart Plug-in (SPI) for VMware Environments Now Supports VMware ESX Server 3i and 3.5 with HP Software Operations Manager Nov 29, 2007
The nworks SPI for VMware Environments integrates state, event, performance and configuration information for over 300 different VMware specific performance metrics directly into HP Operations Manager thus delivering quick time to value out of the box. VMware ESX Server 3i implements the ultra-thin VMware hypervisor directly onto server hardware, eliminating the Console Operating System (COS) relying completely on remote management through the Virtual Infrastructure API (VI API). (BusinessWire)
United Rentals likely to see expedited court ruling Nov 23, 2007
Whereas Sallie Mae/JC Flowers is not set to be in court until July to argue over a Material Adverse Effect Clause (MAC), URI envisions an earlier court decision in its pursuit of specific performance, as the drop dead date on financing for the deal is 22 January. There have been no pricing renegotiations of any sort between United Rentals and Cerberus shell company RAM since 14 November when media reports broke news of deal unrest, it is understood. (FT.com -- Markets)
Cerberus, United Rentals fight escalates Nov 22, 2007
Taking center stage in United Rentals' legal case is a clause in the merger agreement known as "specific performance," which the company says gives it the right to force Cerberus to complete the deal at the original price. The company also argues the clause gives United Rentals, and not Cerberus, the right to end the agreement. (ABC News -- Wire)
S.F. spill official ousted; crew won't talk Nov 15, 2007
The so-called Incident Specific Performance Review will include the city of San Francisco, the state of California and others. Schwarzenegger on Tuesday promised a thorough investigation into the accident and what he said was the Coast Guards slow response. (MSNBC -- Environment)
US privateer cancels buy-out Nov 15, 2007
That suggests the company may sue Cerberus under the so-called specific performance clause, which would require the buyers to consummate the deal. Bloomberg. (Sydney Morning Herald -- Business)
Alonso in gear for Renault Nov 11, 2007
Alonso had earlier rejected Renault boss Flavio Briatore's insistence on a two- or three-year deal, but it seems the driver will now be able to leave Renault after one season if the team doesn't meet specific performance and results criteria. Should Renault have another uncompetitive season, Alonso could head off to greener pastures, probably to Ferrari or BMW Sauber in 2009. (Sydney Morning Herald -- Sport)
Should We Ban the Bulb? Nov 10, 2007
The problem with your recommended solution (mandate specific performance improvements, not specific technology bans) is that immediately the testing and proof of performance claims becomes a huge and costly burden to taxpayers or to customers. I can see it now, the "Department of Lamp Certification and Testing" with a 2 yr publication delay and political oversight / editing of publications. (Energy Pulse, CO)
Mu Launches Security Analyzer Nov 6, 2007
The security vendor has also added a Dynamic Stateful Fuzzing engine to provide more thorough analysis of a target protocol implementation, and the response time charting feature interactively exposes quality and availability issues so customers can gauge a system's ability to maintain specific performance levels while receiving unexpected inputs, officials said. "The reactive spending on perimeter security or managed services has not been effective as network downtime and vulnerabilities... (eWeek)
National Club of Real Estate Investors Expands its Curriculum to Address the Increasing Number of Foreclosures in California Nov 3, 2007
"The laws of the state require much more specific performance by investors. While some of the points may seem small, failure to do so could result in enormous fines and transactions being overturned and even time in prison.". One example is the handling of the deed. (Yahoo News -- Press Releases)
• Judge: Seattle Can Sue To Keep Sonics Oct 30, 2007
"The Sonics ownership is pleased that there has been a prompt decision. It's important to note that the decision addresses the forum, in which the dispute will be decided, not the merits of the case. The Sonics owners are confident that they can perform their financial obligations under the lease and that the City is not entitled to specific performance," said Keller. The city believes the case won't go to court until spring. (Q13.com, WA)
