Final and Unappealable definition

Final and Unappealable means, with respect to a judgment, order, or opinion, that such judgment, order, or opinion has achieved any one of the following criteria: (1) all Persons with a right to appeal the judgment, order, or opinion have waived or forfeited their right to do so; (2) the time to appeal has expired with no appeal filed; (3) the judgment, order, or opinion has been affirmed by an appellate court with no further possibility of appeal; or (4) all appeals from the judgment, order, or opinion have been dismissed.
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Final and Unappealable as used in this Section 4.9, means: (a) all appeal rights by the FCC or its supporting intervenors have elapsed or been exhausted after a judicial order finding the limitations on the Annual Fee invalid for any reason, regardless of whether such order includes a remand to the agency for further proceedings; or (b) Congress has legislatively repealed or otherwise invalidated the limitations on the Annual Fee.
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Final and Unappealable means final for all purposes and not subject to further appeal, which shall be the later of: a) the date mandate issues affirming or dismissing any appeal of the Judgment; or b) the expiration of time to file a petition in error from the Judgment pursuant to 12 O.S. §§ 990A, 994.
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Examples of Final and Unappealable in a sentence

  • On August 17, 2005, in accordance with the Settlement Agreement, BP America deposited $150 million ($150,000,000.00) into an interest bearing account under the direct control of the Court and for the benefit of the Class upon the settlement becoming Final and Unappealable (the “Settlement Fund”).

  • In the event that the Landfill does not receive Final and Unappealable Mod Permits from IEPA, this Agreement shall not become effective, and the terms and conditions of the Restated Original Agreement shall continue to apply and govern the relationship between the CITY and OPERATOR.

  • Notwithstanding any other term or condition of this Agreement, it shall be a condition precedent to the effectiveness of this Agreement that the Landfill shall have received from the Illinois Environmental Protection Agency (“IEPA”) Final and Unappealable permit modification approvals (including approval that “Unit 1” shall be closed without exhumation of the “Xxxx 0” Xxxxx xxxxxxxx xx XXXX xxx Xxxxxx Xxxxxx Environmental Protection Agency (“USEPA”) guidelines) (the “Mod Permits”).

  • Upon OPERATOR’s receipt of the Final and Unappealable Mod Permits from IEPA, OPERATOR shall pay to the City an amount equal to One Million Four Hundred Sixty Thousand Dollars ($1,460,000.00).

  • The purpose of this Notice is to advise Class Members that:(i) On August 6, 2005, a Settlement Agreement was entered into between Lobo, as the Class Representative for the Class, and BP America, which will become effective when a Court Order approving the settlement becomes Final and Unappealable (as that term is specifically defined in the Settlement Agreement).

  • The date that the Mod Permits become Final and Unappealable shall be defined as the “Effective Date”.

  • On August 17, 2005, in accordance with the Settlement Agreement, BP America deposited $150 million ($150,000,000.00) into an interest bearing account under the direct control of the Court and for the benefit of the Class upon the settlement becoming Final and Unappealable (the "Settlement Fund").

  • Within ninety (90) days following the Final and Unappealable issuance of the Mod Permits, Operator shall cause to be transferred to the Village of Creston in fee simple the real property located to the east of the Landfill, consisting of approximately 83.1 acres (consisting of all of PIN 00-00-00-000) and consisting of approximately 3.2 acres (consisting of all of PIN 25-23- 100-002).

  • Upon OPERATOR’s receipt of the Final and Unappealable Mod Permits from IEPA, the CITY’s obligation to repay OPERATOR for its share of the Xxxxxxx Road Improvements, which are approximately $750,000.00, shall be waived and forgiven, and the CITY shall have no obligation with regard to payment for the Xxxxxxx Road Improvements.

  • Upon OPERATOR’s receipt of the Final and Unappealable Mod Permits from IEPA, OPERATOR shall make a donation of Forty Thousand Dollars ($40,000.00) to the Rochelle Area Community Foundation.


More Definitions of Final and Unappealable

Final and Unappealable means a final decision by the Borough, and all local and State agencies, including all final unappealable court decisions with all Appeal Periods having expired and no appeal having been filed.
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Final and Unappealable means final for all purposes and not subject to further legal or administrative challenge or appeal. The date that the Mod Permits become Final and Unappealable shall be defined as the “Effective Date”. In the event that the Landfill does not receive Final and Unappealable Mod Permits from IEPA, this Agreement shall not become effective, and the terms and conditions of the Restated Original Agreement shall continue to apply and govern the relationship between the CITY and OPERATOR.
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Related to Final and Unappealable

  • Order and Final Judgment means the order and final judgment of the Court approving the Settlement Agreement, as described in Section II(E)(7) below.

  • Final Judgment means the Final Judgment and Order to be entered by the Court approving the Agreement after the Final Approval Hearing.

  • Court of competent jurisdiction means a federal court, or a state court that entered an order in a child custody proceeding involving an Indian child, as long as the state court had proper subject matter jurisdiction in accordance with this chapter and the laws of that state, or a tribal court that had or has exclusive or concurrent jurisdiction pursuant to 25 U.S.C. Sec. 1911.

  • Competent means the ability of an offeror to satisfy the requirements of the solicitation. This determination is based on a comprehensive assessment of each offeror's proposal including consideration of the specific areas of evaluation criteria in the relative order of importance described in the solicitation.

  • Final means, with respect to the Financing Order, that the Financing Order has become final, that the Financing Order is not being appealed and that the time for filing an appeal thereof has expired.

  • Alternate Judgment 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.

  • Final Approval Order and Judgment means an order and judgment that the Court enters after the Final Approval Hearing, which finally approves the Settlement Agreement, certifies the Settlement Class, dismisses the Action with prejudice, and otherwise satisfies the settlement-related provisions of Federal Rule of Civil Procedure 23, and is consistent with all material provisions of this Agreement, substantially in the form annexed hereto as Exhibit 5.

  • Alternative Judgment 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.

  • Competent Court means the Supreme Court of India or any High Court, or any tribunal or any similar judicial or quasi-judicial body that has jurisdiction in relation to issues relating to the Project.

  • State Court means a judicial body of a state that is vested by law with responsibility for adjudicating cases involving abuse, neglect, deprivation, delinquency, or status offenses of individuals who have not attained the age of eighteen (18).

  • Final Order and Judgment means the final judgment and order of dismissal with prejudice to be entered in the Lawsuit in connection with the approval of the Settlement after the Final Approval Hearing.

  • Federal Judgment Rate means the federal judgment rate in effect as of the Petition Date.

  • Appellate court means the Supreme Court, Court of Appeals, or both, as appropriate.

  • Pertinent Jurisdiction in relation to a company, means:

  • Court of Appeal means the division of the Supreme Court referred to in section 7(1)(b);

  • Competent Court of Law means any court or tribunal or any similar judicial or quasi- judicial body in India that has jurisdiction to adjudicate upon issues relating to this Agreement;

  • Final Adjudication has the meaning set forth in Section 5.5.

  • Court means the High Court;

  • Professional Judgement 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.

  • subordinate court means a court of St Helena subordinate to the Supreme Court that has been established by Ordinance, and includes the exercise of any power or jurisdiction in relation to an inquiry conferred on a Coroner by the Coroners Ordinance or any Ordinance amending or replacing that Ordinance;

  • Competent Body means any body that has authority to issue standards or recommendations with which either Party must comply

  • Reviewing Authority means the Alberta Securities Commission.

  • WOfinal means, in respect of the Valuation Date, the lowest performance (expressed as a percentage) among the Indices as determined by the Calculation Agent in accordance with the following formula:

  • clerk of the court means a clerk of the court appointed under section 13 of the Act and includes an assistant clerk of the court so appointed;

  • Judgment means any order, injunction, judgment, decree, ruling, assessment or arbitration award of any Governmental Authority or arbitrator.

  • Judicial Authority means any court, arbitrator, special master, receiver, tribunal or similar body of any kind (including any Governmental Authority exercising judicial powers or functions of any kind).