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.
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.
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.
The judge means the judge or the substitute judge of the juvenile and domestic relations district
Youth court means a diversion unit under the supervision
Selected Courts has the meaning set forth in Section 4.7 of this Agreement.
the decisions means the decisions of the CMA on the questions which it is required to answer by virtue of section 35 of the Act;
Court of Appeal means the division of the Supreme Court referred to in section 7(1)(b);
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.
Final Judgment 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.
Execution Venue 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 or “Final Approval Order” shall mean a final order entered by the Court after the Final Approval Hearing, substantially the same in all material respects to the order attached hereto as Exhibit A, granting its approval of the Settlement. The Parties may agree to additions or modifications to the form of the Final Approval Order and Judgment as they agree are appropriate at the time that it is submitted to the Court for final approval of the Settlement.
Trial – means the proceeding in court or in a covered administrative proceeding when the parties try their case beginning with the impaneling of a jury in a jury trial or with opening statement if the parties are in a non-jury trial. Trial does not include things such as hearings, appearances on motions, negotiated pleas, pre-trial conferences, or appearances, and continuances by the court.
Adjudicative proceeding means an administrative matter resulting in an agency
New York Courts means the state and federal courts sitting in the City of New York, Borough of Manhattan.
Appellate court means the Supreme Court, Court of Appeals, or both, as appropriate.
ADR Proceeding means either an Arbitration or a Mediation.
civil proceedings means any proceedings in or before any court or tribunal that are not criminal proceedings;
CCAA Proceedings means the proceedings commenced by the Applicant under the CCAA as contemplated by the Initial Order;
Formal proceedings 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).
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.
dispute resolution proceeding ’ means any process in which an alternative means of dispute resolution is used to resolve an issue in controversy in which a neutral is appointed and specified parties participate;
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.
Specified Courts has the meaning set forth in Section 8(g).
Legal Action means and includes any claim, counterclaim, demand, action, suit, counterclaim, arbitration, inquiry, proceeding or investigation before any