Formal Determination definition

Formal Determination means (i) an agreement between Insight and TCI, (ii) a written determination by the FCC (including a determination by staff employees of the FCC acting under delegated authority), regardless of whether such determination is subject to administrative or judicial review, reconsideration, or appeal (except to the extent that, so long as a stay of any enforcement action by the FCC against the Partnership or any Subsidiary as a result of any such violation of an Ownership Restriction is effective, the Partner that caused the violation specifies that any such determination will not constitute a Formal Determination during the pendency of any review, reconsideration, or appeal), or (iii) a decision of any court of competent jurisdiction, regardless of whether such decision is subject to administrative or judicial review, reconsideration, or appeal (except to the extent that, so long as a stay of any enforcement action by the FCC against the Partnership or any Subsidiary as a result of any such violation of an Ownership Restriction is effective, the Partner that caused the violation specifies that any such decision will not constitute a Formal Determination during the pendency of any review, reconsideration, or appeal). Insight and TCI will use their respective good faith efforts, after consultation with legal counsel, to reach an agreement as to whether either Partner's holding of a Partnership Interest causes the Partnership or any Subsidiary to be in violation of any Ownership Restriction.
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Formal Determination means (1) an agreement between Century and TCI, (2) a written determination by the FCC (including a determination by staff employees of the FCC acting under delegated authority), regardless of whether such determination is subject to administrative or judicial review, reconsideration, or appeal (except to the extent that, so long as a stay of any enforcement action by the FCC against the Partnership or any Subsidiary as a result of any such violation of an Ownership Restriction is effective, the Partner that caused the violation specifies that any such determination will not constitute a Formal Determination during the pendency of any review, reconsideration, or appeal), or (3) a decision of any court of competent jurisdiction, regardless of whether such decision is subject to administrative or judicial review, reconsideration, or appeal (except to the extent that Century and TCI agree that any such decision will not constitute a Formal Determination during the pendency of any review, reconsideration, or appeal). Century and TCI will use their respective good faith efforts, after consultation with legal counsel, to reach an agreement as to whether either Partner's holding of a Partnership Interest causes the Partnership or any Subsidiary to be in violation of any Ownership Restriction.
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Formal Determination means (i) an agreement between FHGLP and TCI, (ii) a written determination by the FCC (including a determination by staff employees of the FCC acting under delegated authority), regardless of whether such determination is subject to administrative or judicial review, reconsideration, or appeal (except to the extent that FHGLP and TCI agree that any such determination will not constitute a Formal Determination during the pendency of any review, reconsideration, or appeal), or (iii) a decision of any court of competent jurisdiction, regardless of whether such decision is subject to administrative or judicial review, reconsideration, or appeal (except to the extent that FHGLP and TCI agree that any such decision will not constitute a Formal Determination during the pendency of any review, reconsideration, or appeal). FHGLP and TCI will use their respective good faith efforts, after consultation with legal counsel, to reach an agreement as to whether either Partner's holding of a Partnership Interest causes the Partnership or any Subsidiary to be in violation of any Ownership Restriction.
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Examples of Formal Determination in a sentence

  • On February 23, 2023, HUD issued a Revised Formal Determination of Noncompliance sustaining its findings on the grounds that Respondents, including both Respondent Board of Adjustment and Respondent Community Planning and Development department, are covered by Section 504 and the ADA and accordingly subject to the jurisdiction of HUD to ensure compliance with those statutes and their implementing regulations.

  • Section 10.1 (b) of the Partnership Agreement as a result of the occurrence of a Formal Determination (as defined in the Partnership Agreement) and which relates to Federal Communications Commission or other regulatory violations described in the Partnership Agreement; and (viii) other Restricted Payments in an aggregate amount not to exceed $40.0 million.

  • The Parties enter into this Voluntary Compliance Agreement / Conciliation Agreement (“VCA” or “Agreement”) to resolve the findings identified in the Preliminary Letter of Findings and the Revised Formal Determination of Noncompliance, pursuant to Section 504 and the ADA, [See 24 C.F.R. § 8.56(j), and 28 C.F.R. § 35.173.], and to resolve the remaining allegations of violations under Title VI, Section 109, and the Fair Housing Act.