Discretionary power definition

Discretionary power means the authority, which provides an administrative agency or official with some degree of latitude in regard to choosing the most reasonable decision among several decisions in compliance with public and private interests.
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Discretionary power means the ability of Stockholder (or Affiliates or Associates of Stockholder for which Stockholder may exercise voting or other discretionary authority), on behalf of its client, to (a) purchase or sell shares of Common Stock, (b) vote shares of Common Stock on any matter or proposal submitted to a vote of the Company's stockholders or (c) participate in any actions set forth in Section 5.1(a) hereof with respect to such shares, without the prior consent from such client to do any of the foregoing. "Discretionary Power" also means Stockholder's ability to take any of the actions specified in the preceding sentence with respect to shares of Common Stock held by an Affiliate or Associate of Stockholder without the prior consent from such Affiliate or Associate to take such action or actions.
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Discretionary power also means Stockholder's ability to take any of the actions specified in the preceding sentence with respect to shares of Common Stock held by an Affiliate or Associate of Stockholder without the prior consent from such Affiliate or Associate to take such action or actions.
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Examples of Discretionary power in a sentence

  • Discretionary power is given to exclude low quality bidders, but can be used to exclude Outsiders.

  • Discretionary power of courts to grant bail must be exercised in a judicious manner in case of a habitual offender who should not be enlarged on bail merely on the ground of parity if other accused in the case were granted the relief.

  • Regulation 6 of the regulations provides Local Authorities with an Enhanced Discretionary power to make severance payments up to 104 weeks pay.

  • Discretionary power to refund or waive fee in certain limited circumstances.54.

  • Discretionary power by itself is not pure evil but gives much room for misuse.

  • Regulation 6 of the regulations provides Local Authorities with a Enhanced Discretionary power to make severance payments up to 104 weeks pay.

  • In the modern era the use of Discretionary power by the authorities is a need.

  • Capital gains actually allocated to income per the governing instrument or a reasonable and impartial exercise of discretion by the fiduciary.Under this exception, capital gains are allocated to fiduciary accounting income and thus included in DNI.Several different scenarios to which this exception applies:◦ Trust agreement allocates gains to income◦ Power of adjustment◦ Unitrust provision◦ Discretionary power to allocate gains to income Regs.

  • Congestion Charging Discretionary power for local authorities under the Transport Act 2000 to charge for the use of local roads.

  • These meetings were complemented by a series of field surveys for the entire area to evaluate the condition of the proposed TIF.


More Definitions of Discretionary power

Discretionary power means the discretionary power provided to the Minister for Health and Aged Care under subsection 90A(2) of the Act;
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Related to Discretionary power

  • discretionary use means the use of land or a building provided for in this Bylaw for which a development permit may be issued upon an application having been made;

  • Discretionary Sale The meaning specified in Section 2.14(c).

  • Discretionary Account means a Personal Account in which you have completely turned over decision-making authority to a professional money manager (who is not a Family Member or not otherwise covered by this Code) and you have no direct or indirect influence or control over the account. (Such Discretionary Accounts are often referred to as “professionally managed,” “controlled” or “managed” accounts.)

  • Discretionary Contribution means the contribution made by the Employer on behalf of a Participant as described in Section 4.4(b).

  • Discretionary Portfolio Manager means a Portfolio Manager who exercises or may, under a contract relating to portfolio management, exercise any degree of discretion as to the investments or management of the portfolio of securities or the funds of the Client, as the case may be.

  • Discretionary Assets means (i) securities that, if distributed, would be required to be registered under the Securities Act of 1933, as amended; (ii) securities issued by entities in countries that (A) restrict or prohibit the holding of securities by non-nationals other than through qualified investment vehicles, or (B) permit transfers of ownership of securities to be effected only by transactions conducted on a local stock exchange; and (iii) any assets that, although they may be liquid and marketable, must be traded through the marketplace or with the counterparty to the transaction in order to effect a change in beneficial ownership."

  • Discretionary Portfolio Management Services means the portfolio management services rendered to the Client by the Portfolio Manager on the terms and conditions contained in the agreement, where under the Portfolio Manager exercises any degree of discretion in the investments or management of assets of the Client.

  • Profit Sharing Plan means a profit-sharing plan that is qualified pursuant to 26 U.S.C. § 401 of the Internal Revenue Code and subject to the Employee Retirement Income Security Act, and which provides for employer contributions in the form of cash, but not in the form of stock or other equity interests in a Medical Marijuana Business.

  • Administrative Committee means the committee in charge of Plan administration, as described in Article VII.

  • Available Master Servicer Compensation With respect to any Distribution Date, the sum of (a) the Master Servicing Fee for such Distribution Date, (b) interest earned through the business day preceding the applicable Distribution Date on any Prepayments in Full remitted to the Master Servicer and (c) the aggregate amount of Month End Interest remitted by the Servicers to the Master Servicer pursuant to the related Servicing Agreements.

  • Nonelective Contribution means an amount contributed by a participating

  • Non-Discretionary Portfolio Management Services means a portfolio management services under which the Portfolio Manager, subject to express prior instructions issued by the Client from time to time in writing, for an agreed fee structure and for a definite described period, invests in respect of the Client’s account in any type of security entirely at the Client’s risk and ensure that all benefits accrue to the Client’s Portfolio.

  • Solar Power means power generated from the Solar Photovoltaic Power Project;

  • Subcommittee means a subcommittee designated by the Operating Committee pursuant to the CAT NMS Plan.

  • Participant Contributions means contributions made by the Participant pursuant to an executed Pay Reduction Agreement subject to the Participant Contribution limits contained in Article III.

  • Nonemployee Director means a Director who is not an Employee.

  • Eligible Earnings means the Grantee's base salary (prior to any deferrals under a cash or deferred compensation plan sponsored by the Corporation or an Affiliate) paid during the Plan Year. From time to time the Plan Administrator may, in its sole discretion, establish rules for determining the amounts of Eligible Earnings for employees who become Grantees other than on the first day of a Plan Year as well as any reduction of Eligible Earnings as a result of paid leave of absences.

  • Clawback Eligible Incentive Compensation means all Incentive-based Compensation Received by an Executive Officer (i) on or after the effective date of the applicable Nasdaq rules, (ii) after beginning service as an Executive Officer, (iii) who served as an Executive Officer at any time during the applicable performance period relating to any Incentive-based Compensation (whether or not such Executive Officer is serving at the time the Erroneously Awarded Compensation is required to be repaid to the Company), (iv) while the Company has a class of securities listed on a national securities exchange or a national securities association, and (v) during the applicable Clawback Period (as defined below).

  • Employer Matching Contributions means the Employer matching contributions made to the Trust Fund pursuant to Article V (Employer Matching Contributions).

  • Recoverable Incentive Compensation means Incentive Compensation received by a Covered Officer during the Lookback Period that exceeds the amount of Incentive Compensation that would have been received had such amount been determined based on the Accounting Restatement, computed without regard to any taxes paid (i.e., on a gross basis without regard to tax withholdings and other deductions). For any compensation plans or programs that take into account Incentive Compensation, the amount of Recoverable Incentive Compensation for purposes of this Policy shall include, without limitation, the amount contributed to any notional account based on Recoverable Incentive Compensation and any earnings to date on that notional amount. For any Incentive Compensation that is based on stock price or TSR, where the Recoverable Incentive Compensation is not subject to mathematical recalculation directly from the information in an Accounting Restatement, the Administrator will determine the amount of Recoverable Incentive Compensation based on a reasonable estimate of the effect of the Accounting Restatement on the stock price or TSR upon which the Incentive Compensation was received. The Company shall maintain documentation of the determination of that reasonable estimate and provide such documentation to the Exchange in accordance with the Listing Standards.

  • Qualified Matching Contributions means Matching Contributions which are immediately nonforfeitable when made, and which would be nonforfeitable, regardless of the age or service of the Employee or whether the Employee is employed on a certain date, and which may not be distributed, except upon one of the events described under Section 401(k)(2)(B) of the Code and the regulations thereunder.

  • Power Pool means the scheme operated by the Independent System Operator under the Act for exchange of Energy and financial settlement for the exchange of Energy;

  • Elective Contributions are amounts excludible from the Employee's gross income under Code Sections 125, 402(a)(8), 402(h) or 403(b), and contributed by the Employer, at the Employee's election, to a Code Section 401(k) arrangement, a Simplified Employee Pension, cafeteria plan or tax-sheltered annuity. The term "Compensation" does not include:

  • Qualified Matching Contribution means any employer contribution allocated to an Eligible Employee's account under any plan of an Employer or a Related Company solely on account of "elective contributions" made on his behalf or "employee contributions" made by him that is a qualified matching contribution as defined in regulations issued under Code Section 401(k), is nonforfeitable when made, and is distributable only as permitted in regulations issued under Code Section 401(k).

  • Matching Contribution means an Employer contribution made to this or any other defined contribution plan on behalf of a Participant on account of a Participant's Deferral Contribution.

  • Non-Elective Contribution means the Employer contributions to the Plan excluding, however, contributions made pursuant to the Participant's deferral election provided for in Section 4.2 and any Qualified Non-Elective Contribution used in the "Actual Deferral Percentage" tests.