Equitable means fair and reasonable under the circumstances.
Equitable Defenses means any bankruptcy, insolvency, reorganization and other laws affecting creditors’ rights generally, and with regard to equitable remedies, the discretion of the court before which proceedings to obtain same may be pending.
Equitable Defense means any Bankruptcy or other laws affecting creditors’ rights generally, and with regard to equitable remedies, the discretion of the court before which proceedings to obtain same may be pending.
Equitable Exceptions means, with respect to the enforceability of any obligation, that such obligation is subject to (a) applicable bankruptcy, insolvency, moratorium, receivership, assignment for the benefit of creditors or other similar state or federal laws affecting the rights and remedies of creditors generally (including, without limitation, fraudulent conveyance or transfer laws) and judicially developed doctrines in this area, such as equitable subordination and substantive consolidation of entities and (b) equitable principles (whether considered in a proceeding in equity or at law).
Prone restraint means a restraint in which a student is held face down on the floor.
Hearing examiner means the labor commissioner or the commissioner’s designee.
reasonable measures means appropriate measures which are commensurate with the money laundering or terrorism financing risks;
Accounting Arbitrator has the meaning set forth in Section 2.6(c).
Neutral Accountant means a national independent accounting firm selected by Buyer and reasonably acceptable to Sellers.
Appellate Tribunal means the Goods and Services Tax Appellate Tribunal referred to in section 109;
Arbitration Tribunal means an organ composed of an odd number of persons known as arbitrators, who decide on the solution of a conflict in which the parties have expressly waived recourse to the ordinary civil courts
competent institution means the institution from which the person concerned is entitled to receive benefit or would be entitled to receive benefit if he were resident in the territory of the Party where that institution is situated;
Extenuating Circumstances means the inability to perform at an optimum level arising from one or more of the reasons set out in clause 6.1.
Arbitral Tribunal means a sole arbitrator or a panel of arbitrators;
Arbitrable Dispute means any dispute arising under or in connection with this Agreement.
Relief means any loss, relief, allowance, exemption, set-off, deduction, right to repayment or credit or other relief of a similar nature granted by or available in relation to Tax pursuant to any legislation or otherwise;
national competent authority means one or more entities designated by a Member State and having the necessary powers and allocated responsibilities for performing the tasks related to certification, oversight and enforcement in accordance with this Regulation and the delegated and implementing acts adopted on the basis thereof.
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;
Applicable Accounting Principles means, with respect to the Borrower, those accounting principles required by the ICA and prescribed by the SEC for the Borrower and, to the extent not so required or prescribed, GAAP.
Mediation means any process in which a mediator facilitates communication and negotiation between the parties to assist them in reaching a voluntary agreement regarding their dispute.
Supine restraint means the restraint of a student in a face-up position on the student’s back on the floor or another surface and with physical pressure applied to the body of the student to keep the student in the supine position.
Lead Member of the Bidding Consortium or “Lead Member” shall mean a company who commits at least 26% equity stake in the Project, meets the technical requirement as per Clause 2.1.2and so designated by other Member(s) in Bidding Consortium;
Dispute Resolution Process means the process described in clause 9
Pending Litigation means a proceeding in a court of law whose activity is in progress but not yet completed.
Arbitration means any arbitration whether or not administered by a permanent arbitral institution;
Federal Judgment Rate means the federal judgment rate in effect as of the Petition Date.