finally judicially determined definition
finally judicially determined means the entry of a judgment by a court or other tribunal of competent jurisdiction, which judgment has become final and non-appealable, that Acquiror or Holding are in willful breach of the terms of the Agreement or, in the event either Acquiror or Holding become the subject of a case under any chapter of title 11 of the United States Code, the allowance by order of the bankruptcy court or other court of competent jurisdiction, of the Company's proof of claim against Acquiror or Holding based on its willful breach of the Agreement, which order has become final and non-appealable.
finally judicially determined means as determined or awarded by any court of competent jurisdiction or in any arbitration in each case from which there is no further appeal or from which the time period for appeal has lapsed or from which the right to appeal has been waived in writing by the relevant party;
finally judicially determined means, unless the context requires otherwise:
(i) agreed between the Company and Dowgate in writing; or (ii) determined or awarded by a court of competent jurisdiction or in any binding arbitration from which there is no further appeal or otherwise so determined or awarded where no notice of appeal has been served within six months of the date of publication of the determination or award or where the right to appeal has been waived by the relevant party;
More Definitions of finally judicially determined
finally judicially determined means, where a dispute has arisen under the terms of this Agreement which is to be resolved in accordance with the provisions of Clause 20, circumstances where:
(i) a court of competent jurisdiction in accordance with Clause 20 has delivered a final, conclusive and binding judgment upon the merits of the relevant dispute brought in accordance with Clause 20 to the parties to this Agreement or, as the case may be, their respective successors to or assignees of the rights under this Agreement, which makes the matter res judicata in that court; and
(ii) following the judgment referred to in (i) above taking effect, neither party (or, as the case may be, their respective successors to or assignees of the rights under this Agreement) either:
(a) makes an application for permission to appeal; or
(b) elects to appeal as of right the decision of the court of competent jurisdiction within the time limits specified from time to time by the procedural rules of the court of competent jurisdiction for any such application or election.
finally judicially determined means in respect of any Loss or Claim (or part of it) under this Agreement, the amount determined or awarded by any English court of competent jurisdiction from which there is no further right of appeal or otherwise determined in circumstances where no notice of appeal has been served within six months from the date of publication of the final judgment or if any available right to appeal has been waived in writing by the relevant party.
finally judicially determined means, in respect of a claim under this clause 9, that it is either:
finally judicially determined means the entry of a judgment by a court or other tribunal of competent jurisdiction, which judgment has become final and non-appealable, that Buyer is in willful breach of the terms of the Agreement or, in the event Buyer becomes the subject of a case under any chapter of title 11 of the United States Code, the allowance by order of the bankruptcy court or other court of competent jurisdiction, of the Company’s proof of claim against Buyer based on its willful breach of the Agreement, which order has become final and non-appealable. For the avoidance of doubt, any failure to complete the Merger as a result of any breach of the Contribution Agreement by the Co-Investor will not be deemed to be a willful breach by Buyer.
finally judicially determined means as determined or awarded by any court of competent jurisdiction or in any arbitration from which there is no further appeal or from which the time period for appeal has lapsed or from which the right of appeal has been waived in writing by the relevant party;
finally judicially determined means: (i) agreed between the Company and Arden in writing; or (ii) determined or awarded by a court of competent jurisdiction or in any binding arbitration from which there is no further appeal or otherwise so determined where no notice of appeal has been served within six months of the date of publication of the determination or award or where the right to appeal has been expressly waived by the relevant party.