On 16 February 2018 the Board of Directors of the Company resolved that the best way in the current circumstances to protect the interests of the Company and its shareholders as a whole is that the ROFR
also be accepted by RUSAL but strictly on the basis that the Letter is held to be a valid notice for the purposes of the Framework Agreement.
Williams (108) seeking a declaration that the salary cap, the ROFR
, and the college draft would continue to be immune from antitrust scrutiny.
INGAA argued the decision "mischaracterizes the Commission's policy and, if not clarified or vacated, would create significant new rights for capacity holders exercising ROFR mechanisms.
In stating that it wants to get comments on the ROFR issue from all concerned parties, FERC sounded at least a little sympathetic to INGAA's argument that applying ROFR "to segments may result in pipelines having to sell, in isolated, geographic pieces, their most valuable capacity on a commercially unreasonable basis such that the prudently-incurred costs of other useful, necessary but less constrained pipeline capacity will be difficult to recover.
In its May 28 decision, FERC said: "Texas Eastern's proposed tariff is unclear in that it does not specifically provide for its customers to terminate a portion of their contracts and to have their ROFR
rights apply to the remainder.
In addition to the closing adjustments, there are two rights of first refusal ( ROFR
) applicable to the Wilson Creek Pekisko Unit, that if exercised would not have any material impact to the Acquisition.
According to the filing, MAHB has revealed that it will apply the ROFR
via Malaysia Airports MSC Sdn Bhd, an indirectly wholly-owned subsidiary of MAHB.
As long as they did not contain ROFRs
, Order 1000 does not require