Company sole discretion

The phrases sole discretion or at its sole discretion or even in sole discretionare often used in contracts and legal writing to refer to an instance when a person or entity is given the right to make a decision or tak.
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Company sole discretion

About Company sole discretion

The phrases sole discretion or at its sole discretion or even in sole discretionare often used in contracts and legal writing to refer to an instance when a person or entity is given the right to make a decision or tak.

If you are looking for ain its sole discretion synonym or looking for variations of phrase “sole discretion”, here are some possibilities: 1. At its own discretion 2. In sole discret.

If you are involved in drafting contracts or you have been granted sole discretionrights under a contract, it’s a good idea to quickly evaluate what it meansto have “sole” discretion.

If the parties expressly negotiated provisions granting a party with “sole discretion” or “absolute discretion”, the courts will enforce the intention of the parties so l.

It’s important to nuance “sole and absolute” discretion from “contractual” discretion. To have a sole or absolute contractual right means to have the full and unfettered right to exercise.Sole discretion is a contractual provision that grants a party complete latitude in deciding on certain contractual elements or having the ability to make certain decisions or exercise certain rights1. It means being entitled to consider only such interests and factors as the person making such determination desires, including solely its own interests, without having any duty or obligation to give any consideration to any interest of or factors affecting the company or any other person2. Companies often enter into contractual relationships that give them “sole” or “absolute” discretion to make strategic business decisions3.

As the photovoltaic (PV) industry continues to evolve, advancements in Company sole discretion have become critical to optimizing the utilization of renewable energy sources. From innovative battery technologies to intelligent energy management systems, these solutions are transforming the way we store and distribute solar-generated electricity.

6 FAQs about [Company sole discretion]

What is the sole discretion of the company?

The Company's decisions regarding the Record Date, Distribution Date, and all terms of the Distribution, including the form, structure, and terms of any transactions and/or offerings to effect the Distribution and the timing of and conditions to the consummation thereof, are in the sole and absolute discretion of the Company. (Sole Discretion of Company)

What does sole discretion mean in a contract?

The phrases sole discretion, in its sole discretion or at its sole discretion are used in contracts to define the manner a party may decide certain aspects of the contract, exercise an option or make a decision and the legal consequences that will follow from the decision of one party. For example:

What is a sole discretion clause?

The sole discretion clause or the sole and absolute discretion clause is a contractual provision granting a party complete latitude in deciding on certain contractual elements or having the ability to make certain decisions or exercise certain rights. For example:

What is sole discretion and absolute discretion?

The terms “sole discretion” and “absolute discretion” with respect to any determination to be made a Party under this Agreement shall mean the sole and absolute discretion of such Party, without regard to any standard of reasonableness or other standard by which the determination of such Party might be challenged.

What is company discretion?

Company Discretion. The Subscriber understands and agrees that the Company in its sole discretion reserves the right to accept or reject this or any other subscription for Shares, in whole or in part, notwithstanding prior receipt by the Subscriber of notice of acceptance of this subscription.

What is the difference between sole discretion and reasonable discretion?

The sole discretion rights involves a party making a decision primarily based on its own assessment and driven by its own evaluation of the circumstances. A reasonable discretion is when a party is given the right to exercise a discretion but “reasonable” in light of the factual circumstances for both parties.

Related Contents

List of relevant information about Company sole discretion

In its Sole Discretion Sample Clauses

Related to In its Sole Discretion. Sole Discretion As the term "sole discretion" is used in this Agreement, ----- unless otherwise defined, it will be interpreted as the exercise of reasonable discretion applying normal business practices to a contractual relationship between a company and its chairman and chief executive officer.. Discretion To the fullest extent permitted by law,

sole discretion,sole discretion,sole discretion

in general, can be two-pronged approach, its sole discretion.,,。 we may in our sole discretion change some or all of our services at any time. 。 the acceptance of business shall be

What if a party has a contractual discretion?

It is now clear that where a party has a contractual discretion, the Courts will imply a term into that contract requiring the relevant party to exercise its discretion in a way which is not irrational, capricious or arbitrary in a public law sense (ie similar to the Wednesbury unreasonableness threshold).

Musings on the Exercise of "Sole Discretion"

In the absence of such a standard there is nothing on which the covenant of good faith and fair dealing can operate to ensure that the affected party is not deprived of the fruits of the contract—i.e., the fruits of the contract are that the party holding the discretion can utilize that discretion in whatever manner it desires: "Where a

Sole Discretion: Meaning, Sentence, and Clause

The factoring company will incorporate a sole discretion clause in the contract to ensure it has the right to buy or not buy any receivables from its client. Enforceability of Sole Discretion Clause. In numerous states, the sole discretion clause is essentially enforceable.

What is a contractual discretion?

Parties need to be alive to the restrictions that it places on any discretion afforded to them under a contract. Given that there is, in our view, some uncertainty about what amounts to a contractual discretion, parties should assume that any contractual right to make an assessment or decision from a range of options will be subject to this duty.

"In" or "At" sole discretion

I think the use of ''in'' here reflects that it falls within their discretion whereas ''at'' would mean that it is left to their discretion. I take the latter to mean that in ambiguity they make a judgment whereas the former means that they perhaps provide professional

Discretion of the Company Sample Clauses

Discretion of the Company. In connection with any Company Public Sale Event, subject to the provisions of this Agreement, the Company, in its sole discretion, shall determine whether (a) to proceed with, withdraw from or terminate such Company Public Sale Event, (b) to enter into a purchase agreement or underwriting agreement for such Company Public Sale Event, and (c)

''Sole Discretion'' Provisions and the Implied Covenant of

cise sole discretion under the contract. ELBT Realty First, in ELBT Realty, the parties entered into a contract for the sale of a commercial building that permitted the purchaser to terminate the agree-ment in "its sole discretion" and for "any reason whatsoever." When the pur - chaser exercised its termination right

The Limits of "Sole Discretion" in Contracts

Companies often enter into contractual relationships that give them "sole" or "absolute" discretion to make strategic business decisions. But in many states a covenant of good faith and fair dealing is implied in every contract, and that prevents one party from engaging in conduct that would deny the other party the benefits of the contract.

Case Spotlight: Is Absolute Discretion Absolute? | Donovan & Ho

Many things are said to be at the discretion of an employer. It is common to see phrases like "the Company shall, at its absolute discretion, be entitled to." in employment contracts or policies. If these words appear, does this mean that the Company has carte blanche to do as it wishes? In the case

Contractual discretion and its limits

If a contractual provision expressly limits or qualifies the way in which a party can exercise a right or perform its obligations (e.g. the requirement of (commercial) reasonableness or good faith),

The Limits of Sole Discretion in Contracts

The implied covenant cannot be extended to create obligations not contemplated in the contract. It is limited to assuring compliance with the express terms of the contract. That is particularly

Sole Discretion Company Profile

Find company research, competitor information, contact details & financial data for Sole Discretion of Strathmore, AB. Get the latest business insights from Dun & Bradstreet. Sole Discretion. D&B Business Directory / Sole Discretion; Sole Discretion. Get a D&B Hoovers Free Trial.

Contractual discretion and its limits

In Abu Dhabi National Tanker Co v Product Star Shipping Ltd (The "Product Star") [1993] 1 Lloyd''s LR 397, the discretion in question was the master or owner''s ability to refuse to proceed to any port which, in their discretion, was considered as dangerous.Leggatt LJ stated the following principle in relation to the exercise of a contractual discretion:

Sole of Discretion

We sell fish and shellfish sourced exclusively from low impact fishers. They range from local, under-utilised species such as dab, flounder or lemon sole and dive-caught scallops to fish sourced from similarly-minded small-scale fishers overseas, with relationships formed through the Slow Food movement, such as sablefish (black cod) and albacore tuna.

Business discretion: A defined term that might be more palatable

Business discretion: IF: This Agreement commits a decision, determination, or action to a person''s business discretion; THEN: That decision, determination, or action may be taken in the person''s sole and unfettered discretion, for any lawful reason or no reason, with a mind solely to the person''s own lawful interests and not those of any

Sole and Absolute Discretion Definition

Related to Sole and Absolute Discretion. Active NFFE means any NFFE that meets any of the following criteria:. Gross beta particle activity means the total radioactivity due to beta particle emission as inferred from measurements on a dry sample.. Multiple disabilities means concomitant impairments, the combination of which causes such severe educational problems

Testing the Limits of Sole Discretion – Delaware Supreme Court

Based on that vesting of sole discretion, the Chancery Court found that implied covenant did not exist in the context of a sale of the company because the implied covenant "operates only in that narrow band of cases where the contract as a whole speaks sufficiently to suggest an obligation and point to a result, but does not speak directly

What does "in the employer''s discretion" really mean?

All kinds of discretion. Employment documentation often gives an employer a discretion to make certain decisions. The classic example is the employer''s right to determine the size of an employee''s bonus. But contracts also give employers a

An Article on "Sole and Absolute Discretion"

Reader Steven Sholk told me about this article on the phrase sole and absolute discretion that appeared last week in the New York Law Journal. It focuses on New York caselaw. Having written an article of my own on the implications of this phrase (available here), I was interested to see what the article had to say.But it doesn''t provide much guidance to contract

Annual Bonus Contract Clause Examples | Business Contracts

Annual Bonus.For the Company''s 2020 fiscal year, you will have the opportunity to earn a target annual cash bonus equal to forty percent (40%) of your annual base salary earned during the fiscal year, based on achieving performance objectives established by the Board or Committee, as applicable, in its sole discretion and payable upon achievement of those objectives as

A Reminder of the Limitations of "At Its Sole Discretion"

At MSCD 3.168–.196 and in this article, I discuss why the phrase at its sole discretion and its variants are pernicious. That''s because the unfettered discretion that it seems to suggest can fall foul of the implied duty of good faith. Peter A. Mahler (@PeterMahlerEsq) of the law firm Farrell Fritz offers in this post on his New York Business Divorce blog another

Discretionary Performance Bonus Sample Clauses

Discretionary Performance Bonus. Employer shall consider Executive for a bonus each year during the Term based on performance criteria established by the Board and/or the CEO and any other factors deemed by the Board to be appropriate. Bonuses shall be awarded, if at all, in the sole discretion of the Board, and nothing in this Agreement shall require the payment of a

"Sole Discretion" Provisions, Implied Covenants and

gave the investment company "''sole and absolute discretion'' over investment decisions." Shatz, 180 A.D. at 609. The First S E R V I N G TH E B E N C H A N D B A RSI N C E 1 8 8 8 Volume 264—No . 44 Tuesday, sepTember 1, 2020 "Sole Discretion" Provisions, Implied Covenants and Fiduciary Duties

"Employer''s Sole Discretion" Provisions – Six Points to Consider

So, too, can an employer be denied the unfettered "sole discretion" to decide that a CEO''s job duties from now on include cleaning the company''s restrooms, even if the Board of Directors has the sole discretion to direct the CEO to take on new duties and responsibilities.

Good Faith and Fair Dealing Revisited: The Interplay Between "Sole

The defendants sought dismissal of the good faith and fair dealing claim on the ground that the corporation''s operating agreement gave the investment company "''sole and absolute discretion'' over

"At Its Discretion" Used in Language of Discretion

The terms "sole discretion" and "absolute discretion" with respect to any determination to be made a Party under this Agreement shall mean the sole and absolute discretion of such Party, without regard to any standard of reasonableness or other standard by which the determination of such Party might be challenged.

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