Related to Each Case
means a form of final judgment that may be entered by the Court but in a form other than the form of Judgment provided for in this Stipulation and where none of the Parties hereto elects to terminate this Settlement by reason of such variance.
means a form of final judgment that may be entered by the Court herein but in a form other than the form of Judgment provided for in this Stipulation.
Order and Final Judgment
means the order and final judgment of the Court approving the Settlement, as described in Sections II(E)(7) and (10).
means the judge or the substitute judge of the juvenile and domestic relations district
means a diversion unit under the supervision of the juvenile court.
Court of Appeal
means the division of the Supreme Court referred to in section 7(1)(b);
shall be defined as judgement that is informed by professional knowledge of curriculum expectations, context, evidence of learning, methods of instruction and assessment, and the criteria and standards that indicate success in student learning. In professional practice, judgement involves a purposeful and systematic thinking process that evolves in terms of accuracy and insight with ongoing reflection and self-correction.
means the order and judgment to be entered by the Court finally approving the Settlement and dismissing the Action, materially in the form attached hereto as Exhibit B.
means the entity with which client orders, assets or securities are placed and/or to which the Company transmits Client’s orders for execution.
Final Approval Order and Judgment
means an order and judgment that the Court enters after the Final Fairness Hearing, which finally approves the Settlement and dismisses Defendants with prejudice and without material change to the Parties’ agreed-upon proposed final approval order and judgment attached hereto as Exhibit 11.
means an event held for the purpose of testing or training horses or greyhounds for which no prizemoney, trophy or other reward, gratuity or privilege of more than a nominal value is offered.
or "hearing" shall mean a proceeding required by statute or constitutional right and conducted under the rules of this chapter, which provides an opportunity to be heard by the department prior to the entry of a final order under this chapter.
New York Courts
means the state and federal courts sitting in the City of New York, Borough of Manhattan.
means the Supreme Court, Court of Appeals, or both, as appropriate.
means either an Arbitration or a Mediation.
means any proceeding in the course of which evidence is or may be legally taken by a court;
means any proceedings in or before any court or tribunal that are not criminal proceedings;
means the proceedings commenced by the Applicant under the CCAA as contemplated by the Initial Order;
means proceedings conducted before a judge with notice to interested persons.
Final Order and Judgment
or “Judgment” means the Final Order and Judgment of the Court, substantially in the form attached hereto as Exhibit B, approving the Settlement and dismissing with prejudice the claims asserted against the Settling Defendants in the Action without costs to any Party (except as provided in this Stipulation).
Final Judicial Determination
has the meaning set forth in Section 2.3(a).
Action or Proceeding
means any action, suit, proceeding, arbitration, Order, inquiry, hearing, assessment with respect to fines or penalties, or litigation (whether civil, criminal, administrative, investigative or informal) commenced, brought, conducted or heard by or before, or otherwise involving, any Governmental or Regulatory Authority.
New York Court
means the courts of the State of New York or the United States District Court for the Southern District of the State of New York.
Dispute Resolution Cut-off Date
As defined in Section 2.03(l)(i).
has the meaning set forth in Section 8(g).
means and includes any claim, counterclaim, demand, action, suit, arbitration, inquiry, proceeding or investigation before any federal, state or foreign court or other tribunal, or any investigative or regulatory agency or SRO.