Final and Non-Appealable definition
Final and Non-Appealable means that a Judgment approving this Agreement and the proposed class settlement contemplated under this Agreement, is “Final and Non-Appealable” when 14 days have passed after the date of entry of the Judgment without the filing in any court of: (i) any motion which would legally extend the time to appeal the Judgment, or which challenges or seeks reconsideration, modification or vacation of the Judgment; or (ii) an appeal. If an appeal is filed, the Judgment becomes Final and Non-Appealable when (a) the appellate court enters an order or judgment dismissing or overruling the relief requested and that order or judgment itself becomes final and no longer subject to further review in any court, or (b) the appeal is voluntarily dismissed.
Final and Non-Appealable means that the Judgment approving this Settlement Agreement and the proposed class settlement contemplated under this Settlement Agreement are “Final and Non-Appealable” when thirty (30) days have passed after the date of entry of the Judgment without the filing in any court of:
Final and Non-Appealable means, with respect to any Governmental Approval or other governmental approval or action, that all applicable Appeal Periods have expired without the filing of appeal, or if an appeal has been filed, that such appeal has been resolved in a manner that permits the Project to be implemented in accordance with the Concept Plan and this Agreement, by a final action as to which all Appeal Periods have expired without the filing of an appeal or which is otherwise not subject to further appeal.
Examples of Final and Non-Appealable in a sentence
Any right to withdraw under this Agreement is waived if the Party with such right does not give notice to all other Parties of its intent to withdraw within 180 days of the New License becoming Final and Non-Appealable, unless a Party is participating in rehearing or some other appeal of the New License.
Progress Energy shall, within 180 days of the issuance of the New License for the Project that is Final and Non-Appealable, submit a plan and schedule for the installation of the recreation facilities described in this article.
If the Settlement is not finally ap- proved in a Final and Non-Appealable Judgment, the funds held by the Escrow Agent and any accrued interest or returns earned in the Escrow Account will be refunded to Defendant.
The Enron Bankruptcy Court, by entry of the Enron Bankruptcy Court Order that is Final and Non-Appealable, shall grant the relief sought in the Bankruptcy Rule 9019 Motion and approve this Agreement without material change or condition unacceptable to any Party in the exercise of its reasonable discretion (if so approved, then such approval shall be a “Required Enron Bankruptcy Court Approval”).
Appealable shall mean that the Judgment approving this Agreement and the proposed class settlement contemplated under this Agreement, are "Final and Non-Appealable" when fourteen days have passed after the date of entry of the Judgment without the filing in any court of: (i) any motion which would legally extend the time to appeal the Judgment, or which challenges or seeks reconsideration, modification or vacation of the Judgment; or (ii) an appeal.
More Definitions of Final and Non-Appealable
Final and Non-Appealable when used in conjunction with the issuance of the New License, shall be deemed to have occurred on either (1) the thirty-first day after the date FERC issues an order setting forth the New License for the Yadkin Project if no Party seeks rehearing of such order; or (2) if any Party seeks rehearing of such an order, the earliest date upon which no further court appeal of a FERC order issuing a New License for the Yadkin Project, including a Petition for Writ of Certiorari to the Supreme Court of the United States, or action by a court or by FERC with respect to such appeal, is possible.
Final and Non-Appealable means either: (1) the thirty-first day after the date FERC issues an order setting forth the New License for the Yadkin Project if no Party seeks rehearing of such order; or (2) if any Party seeks rehearing of such an order, the earliest date upon which no further court appeal of a FERC order issuing a New License for the Yadkin Project, including a Petition for Writ of Certiorari to the Supreme Court of the United States, or action by a court or by FERC with respect to such appeal, is possible.
Final and Non-Appealable means:
a) Thirty (30) days have elapsed following entry of the Judgment without the filing of: (i) any appeal or original action in any court challenging or seeking reconsidera- tion, modification, or vacation of the Judgment, or otherwise seeking to interfere with or evade provisions of this Settlement Agreement and the settlement contemplated hereunder; or (ii) any motion before the Court that would extend the time to appeal from the Judgment, or which challenges or seeks reconsideration, modification or vacation of the Judgment; or
b) One of the kinds of proceedings or motions listed in subparagraph (a) above has been filed and has resulted in a final order or judgment by the court in which it was commenced; that final order or judgment has itself become final and is no longer subject to further review in any court.
Final and Non-Appealable means:
a) Thirty (30) days have elapsed following entry of the Judgment without the filing of: (i) any appeal seeking reconsideration, modification or vacation of the Judgment; or (ii) any motion before the Court that would extend the time to appeal from the Judgment, or which challenges or seeks reconsideration, modification or vacation of the Judgment; or
b) One of the kinds of proceedings or motions listed in subparagraph (a) above has been filed and has resulted in a final order or judgment by the court in which it was commenced; that final order or judgment has itself become final and is no longer subject to further review in any court.
Final and Non-Appealable as applied to the Judgment, means that the following conditions are satisfied:
(1) Seven (7) days have elapsed after each of the following: (i) no appeal has been commenced within 30 days after entry of the Judgment; (ii) any motion in this case challenging the Judgment or having the effect of extending the time for commencing an appeal under Fed.R.App.P. 4(a)(4) has been denied with no appeal having been commenced within 30 days after entry of the final order denying all such motions; and
Final and Non-Appealable when used in conjunction with the issuance of the New License, shall be deemed to have occurred on either (1) the thirty-first day after the date FERC issues an order setting forth the New License for the Yadkin-Pee Dee River Project if no Party seeks rehearing of such order; or (2) if any Party seeks rehearing of such an order, the earliest date upon which no further court appeal of a FERC order issuing a New License for the Yadkin-Pee Dee River Project, including a Petition for Writ of Certiorari to the Supreme Court of the United States, or action by a court or by FERC with respect to such appeal, is possible.
Final and Non-Appealable means that the following conditions are satisfied:
(a) Thirty (30) days have elapsed without the filing of: (i) any appeal or original action in any court challenging or seeking reconsideration, modification or vacation of the Judgment, or otherwise seeking to interfere with or evade provisions of this Settlement Agreement and the Settlement contemplated hereunder; (ii) any motion that would extend the time to appeal from the Judgment, or which challenges or seeks reconsideration, modification or vacation of the Judgment; or (iii) any motion that would extend or reopen the time for commencing an appeal under Fed. R. App. P. 4(a)(5) or (6); or
(b) if any motion under subparagraph (a)(ii) or (iii) was filed, it has been denied with no appeal having been commenced within 30 days after the entry of the final order denying all such motions; or if any motion under subparagraph (a)(iii) was granted, the moving party has not commenced an appeal within the time allowed; or
(c) if an appeal is commenced, (i) the Judgment is affirmed in full or the appeal is dismissed, mandate of the appellate court issues, and no petition for writ of certiorari is filed, or if one is filed, the U.S. Supreme Court either denies or dismisses such petition or affirms in full and mandate issues, or (ii) the appellate court remands to the Court for further proceedings in which the Court issues a final decision that does not vacate or alter the original Judgment in any material respect and that decision itself becomes Final and Non-Appealable; or
(d) if an original action listed in subparagraph (a)(i) above is filed, it results in a final decision that does not vacate or alter the original Judgment in any material respect and that final decision itself becomes Final and Non-Appealable; or
(e) if a motion under subparagraph (a)(ii) is granted, the Court’s final decision on such motion does not vacate or alter the Judgment in any material respect and that decision itself becomes Final and Non-Appealable; or
(f) such date as the Parties may otherwise agree in writing.