Favorable Determination definition

Favorable Determination shall have the meaning set forth in the definition of Determination.
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Favorable Determination has the meaning assigned to such term in Section 4.01.
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Favorable Determination means the earlier to occur of (a) with respect to each claim in U.S. Patent No. 10,716,793 asserted against the Company, a final Non-Appealable Decision of either (i) a U.S. District Court decision that such claim is invalid and/or not infringed by the Existing Yutrepia Product, or (ii) inter partes review of such claim before the Patent Trial and Appeal Board of the United States Patent and Trademark Office that such claim is invalid (with respect to clause (a), so long as there has not been a court decision that the Existing Yutrepia Product infringes at least one valid claim of an Asserted Patent other than U.S. Patent No. 10,716,793), and (b) Regulatory Approval of the Existing Yutrepia Product in the United States. For clarity, Regulatory Approval of the Existing Yutrepia Product in the United States shall not be deemed to have been granted until final approval of New Drug Application No. 213005 has been granted by FDA.
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Examples of Favorable Determination in a sentence

  • The Company shall be bound by and shall have no right to challenge a Favorable Determination.

  • The Companies shall be bound by and shall have no right to challenge a Favorable Determination.

  • The Indemnifying Parties shall be bound by and shall have no right to challenge a Favorable Determination.

  • See also Department of Treasury, Internal Revenue Service, No. 794, Favorable Determination Letter (2006), for additional information regarding the scope of the determination letter, including the requirement that all information submitted in the application be retained as a condition of reliance.

  • Once received, please provide us with a copy of the Favorable Determination Letter.There are IRS User Fees associated with this submission.

  • The Company Entities shall be bound by and shall have no right to challenge a Favorable Determination.

  • CCO shall be bound by and shall have no right to challenge a Favorable Determination.

  • Favorable Determination - The SF-50-B, Notification of Personnel Action, shall be used to advise employees that they have achieved an acceptable level of competence and will receive a within‑grade increase.

  • The IMS Companies shall be bound by and shall have no right to challenge a Favorable Determination.

  • NOTE C -- INCOME TAX STATUS The Internal Revenue Service has issued a Favorable Determination Letter dated January 16, 1996 stating that the Plan qualifies under the appropriate sections of the Internal Revenue Code (IRC) and is, therefore, not subject to tax under present income tax law.

Related to Favorable Determination

  • Adverse determination shall have the meaning set forth in Section 19.7.

  • Reviewing Party any appropriate person or body consisting of a member or members of the Company's Board of Directors or any other person or body appointed by the Board who is not a party to the particular Claim for which Indemnitee is seeking indemnification, or Independent Legal Counsel.

  • Self-Determination means a philosophy and process by which individuals with developmental disabilities are empowered to gain control over the selection of support services that meet their needs. The basic principles of self-determination are:

  • Claim Determination Period means a calendar year. However, it does not include any part of a year during which a person has no coverage under This Plan, or any part of a year before the date this COB provision or a similar provision takes effect.

  • Determination means the written documentation of a decision of a procurement officer including findings of fact required to support a decision. A determination becomes part of the procurement file to which it pertains.

  • Rate Determination Notice has the meaning specified in Section 3.07(g).

  • Final Adverse Determination means an Adverse Determination involving a Covered Service that has been upheld by Blue Cross and Blue Shield or its designated utilization review organization, at the completion of Blue Cross and Blue Shield's internal grievance process procedures.

  • Expert Determination the process described in Paragraph 6 of Schedule 8.3 (Dispute Resolution Procedure);

  • Standard of Conduct Determination shall have the meaning ascribed to it in Section 9(b) below.

  • Final Determination means the final resolution of liability for any Tax for any taxable period, by or as a result of (a) a final decision, judgment, decree or other order by any court of competent jurisdiction that can no longer be appealed, (b) a final settlement with the IRS, a closing agreement or accepted offer in compromise under Sections 7121 or 7122 of the Code, or a comparable agreement under the Laws of other jurisdictions, which resolves the entire Tax liability for any taxable period, (c) any allowance of a refund or credit in respect of an overpayment of Tax, but only after the expiration of all periods during which such refund or credit may be recovered by the jurisdiction imposing the Tax, or (d) any other final resolution, including by reason of the expiration of the applicable statute of limitations or the execution of a pre-filing agreement with the IRS or other Taxing Authority.

  • Initial determination means the first child custody determination concerning a particular child.

  • Final Determination Date means the following:

  • Adverse Benefit Determination means any of the following:

  • Eligibility Determination means an approval or denial of eligibility and a renewal or termination of eligibility as set forth in OAR 410-200-0015;¶

  • Monthly Report Determination Date The meaning specified in Section 10.7(a).

  • SOFR Determination Date has the meaning specified in the definition of “Daily Simple SOFR”.

  • Event Determination Date means either:

  • SOFR Determination Time means 3:00 p.m. (New York time) on the U.S. Government Securities Business Day, at which time Compounded SOFR is published on the FRBNY’s Website.

  • Independent Counsel as defined in Section 2 of this Agreement. In either event, Indemnitee or the Company, as the case may be, may, within ten (10) days after such written notice of selection shall have been received, deliver to the Company or to Indemnitee, as the case may be, a written objection to such selection; provided, however, that such objection may be asserted only on the ground that the Independent Counsel so selected does not meet the requirements of “Independent Counsel” as defined in Section 2 of this Agreement, and the objection shall set forth with particularity the factual basis of such assertion. Absent a proper and timely objection, the person so selected shall act as Independent Counsel. If such written objection is so made and substantiated, the Independent Counsel so selected may not serve as Independent Counsel unless and until such objection is withdrawn or a court of competent jurisdiction has determined that such objection is without merit. If, within twenty (20) days after submission by Indemnitee of a written request for indemnification pursuant to Section 11(b) hereof, no Independent Counsel shall have been selected and not objected to, either the Company or Indemnitee may petition the Delaware Court for resolution of any objection which shall have been made by the Company or Indemnitee to the other’s selection of Independent Counsel and/or for the appointment as Independent Counsel of a person selected by the Delaware Court, and the person with respect to whom all objections are so resolved or the person so appointed shall act as Independent Counsel under Section 12(a) hereof. Upon the due commencement of any judicial proceeding or arbitration pursuant to Section 14(a) of this Agreement, Independent Counsel shall be discharged and relieved of any further responsibility in such capacity (subject to the applicable standards of professional conduct then prevailing).

  • Screen Rate Determination is specified in the applicable Final Terms as the manner in which the Rate of Interest is to be determined and the Reference Rate specified in the applicable Final Terms is not XXXXX or SOFR, the Rate of Interest for each Interest Period will, subject as provided below, be either:

  • Rate Determination Date means two (2) Business Days prior to the commencement of such Interest Period (or such other day as is generally treated as the rate fixing day by market practice in such interbank market, as determined by the Administrative Agent; provided that to the extent such market practice is not administratively feasible for the Administrative Agent, such other day as otherwise reasonably determined by the Administrative Agent).

  • TIA Applicability Determination As defined in Section 12.12.

  • Date of Determination means the date as of which a benefit is to be calculated under the Plan, as specified in each relevant Section, and being one of:

  • Final Adverse Benefit Determination means an adverse benefit determination that is upheld at the completion of a health plan issuer’s internal appeals process.

  • Payment Determination Date means, with respect to any Payment Date, one (1) Business Day immediately preceding such Payment Date.

  • Final Internal Adverse Benefit Determination means an Adverse Benefit Determination that has been upheld by BCBSTX at the completion of BCBSTX’s internal review/appeal process.