Substantially Better definition

Substantially Better means that, as determined by the Independent Auditor on the basis of the Guidelines, the valuation of the Preferred Third Party Offer is at least either *** or *** higher, whichever is greater, than the valuation of the Final Offer.
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Substantially Better here means that when k = κn (and κ < 1/2, to avoid triv- ialities) the bound should grow exponentially in n, with a base that is larger than exp2 {H(κ/(1 − κ))}.
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Examples of Substantially Better in a sentence

  • All fees and expenses of the Independent Auditor, including any Third Party support staff or other costs incurred by the Independent Auditor with respect to the Independent Audit, shall be borne equally by the Parties, unless the Independent Auditor determines that the Preferred Third Party Offer was not Substantially Better than the Final Offer, in which case all fees and expenses of the Independent Auditor shall be borne solely by Licensee.

  • The Independent Auditor shall be instructed by the Parties, in writing, to conduct an audit of the Preferred Third Party Offer and Final Offer to determine, on the basis of the Guidelines, whether or not the Preferred Third Party Offer is Substantially Better than the Final Offer (the “Independent Audit”).

  • Senate Bill Substantially Better than House Bill In Making Medicare Drug Benefit Affordable As this analysis explains, the House bill is strongly preferable to the Senate bill with regard to coverage for the dual eligibles.

  • Purpose Built also supported the creation of an agreement between 75 North and Omaha Public Schools so that Howard Kennedy Elementary serves as an anchor for the Highlander neighborhood, much like the Charles R.

  • Bold Highlights ModelsPerforming Substantially Better Than the Second BestoModel in Each Category.

  • Licensee shall only have the right to reject the Final Offer on the grounds that the Preferred Third Party Offer is Substantially Better than the Final Offer.

  • Driver’s License: MUST have a valid driver’s license and clean driving record for the last two years.

  • Akay at al., DOJ Corporate Enforce- ment Policy Shift— Substantially Better?, GREENBERG TRAURIG (Dec.

Related to Substantially Better

  • Substantially limits means the extent to which the impairment limits an individual’s ability to perform a major life activity as compared to most people in the general population, whether or not an individual chooses to forgo mitigating measures. 42 U.S.C. 126 §12102(4); 28 CFR §35.108(d); 28 CFR §35.105(d) The rules of construction when determining whether an impairment substantially limits performance of a major life activity include:

  • Substantially similar means substantially similar in function or capability or otherwise competitive to the products or services being developed, manufactured or sold by the Company during and/or at the end of Executive’s employment, or are marketed to substantially the same type of user or customer as that to which the products and services of the Company are marketed or proposed to be marketed.

  • Substantially Completed or "SUBSTANTIAL COMPLETION" or "SUBSTANTIALLY COMPLETE" means that the applicable portion of the Premises is broom clean, free of construction tools and materials, and Landlord's Original Work has been completed according to the Approved Original Base Building Plans and the Approved Original Leasehold Improvements Plans or Landlord's Expansion Work has been completed according to the Approved Expansion Base Building Plans and the Approved Expansion Leasehold Improvements Plans, as the case may be, with only minor punch list items that will not interfere to more than a minor extent with Tenant's use and enjoyment of the Premises remaining to be completed or corrected pursuant to the terms of this Lease; that an unconditional certificate of occupancy for the applicable portion of the Premises has been issued (unless the issuance thereof is conditioned upon any work or installations the responsibility of which is not included within Landlord's Original Work or Landlord's Expansion Work, as the case may be) and not suspended or revoked or amended in a manner that would prevent Tenant from occupying the applicable portion of the Premises for the purposes for which they were designed; and that all utilities called for in the Approved Original Base Building Plans or Approved Expansion Base Building Plans, as the case may be, or the Approved Original Leasehold Improvements Plans or the Approved Expansion Leasehold Improvements Plans, as the case may be, are installed and operable with all hook-up, tap or similar fees paid.

  • Substantially means over 51% from American products.” Therefore, over 51 percent of the final processed product (by weight or volume) must consist of agricultural commodities that were grown domestically. Thus, for foods that are unprocessed, agricultural commodities must be domestic, and for foods that are processed, they must be processed domestically using domestic agricultural food components that are comprised of over 51 percent domestically grown items, by weight or volume as determined by the SFA. For the purpose of the Awarded Contract the requirement means that applicable goods and services procured on behalf of or by SFAs for use in the Child Nutrition Programs using nonprofit food service account funds, the product’s food component is considered the agricultural commodity. FNS defines food component as one of the food groups, which comprises reimbursable meals. The food components are meats/meat alternates, grains, vegetables, fruits, and fluid milk. Refer to 7 CFR210.2 for full definitions. Any product processed by a winning vendor must contain over 51 percent of the product’s food component, by weight or volume, from U.S. origin. This definition of domestic product serves both the needs of schools and American agriculture. Products from Guam, American Samoa, Virgin Islands, Puerto Rico, and the Northern Mariana Islands are considered domestic products under this provision as these products are from the territories of the U.S. The Offeror by signing the Offeror’s Proposal is certifying meals sold through the SFA’s nutrition program are prepared and processed in the U.S. and contains over 51 percent of its agricultural food component, by weight or volume, from the U.S. If requested by the SFA, state, or federal government, the Selected FSMC will supply evidence supporting compliance with the Buy American provision. Additional clarification regarding the Buy American Provision can be found in USDA Memo Compliance with and Enforcement of the Buy American Provision in the National School Lunch Program SP 38-2017 dated 06/30/17. In the event a domestic product is not available, the Selected FSMC must;• Requests consideration from SFA (written documentation require) on the use of domestic alternative foods before approving an exception.• Document the use of a non-domestic food exception when competition reveals the cost of domestic is significantly higher than non-domestic food.• Document the use of a non-domestic alternative food due to the domestic food not produced or manufactured in sufficient and reasonable available quantities of a satisfactory quality.

  • Substantially Equal means that the successful bid is within two percent (2%) of the next lowest responsible bid. However, the bids shall not be substantially equal where the two percent difference is equal to or greater than Ten Thousand Dollars ($10,000.00).

  • Habitually truant means a truant child who is truant for at least five school days within a school year.

  • Substantially relates means the nature of criminal conduct for which the person was convicted has a direct bearing on the fitness or ability to perform one or more of the duties or responsibilities necessarily related to the occupation; and

  • Substantially all means a sale, lease, exchange or other transfer involving seventy percent (70%) or more of the fair market value of the assets of such entity; or

  • Substantially Complete or “Substantial Completion” shall mean that (a) the Base Building Improvements that are required to permit Tenant to enter the Premises for purposes of performing the Tenant Improvement have been completed in accordance with the Building Plans, the correction or completion of which items, collectively, will not substantially interfere with Tenant’s ability to commence the Tenant Improvement Work and (b) Tenant is legally permitted to enter the Premises for purposes of performing the Tenant Improvement Work. Landlord and Tenant shall then arrange a mutually convenient time, no later than ten (10) Business Days after the anticipated Substantial Completion Date specified in Landlord’s notice, for Tenant and/or Tenant’s Architect (as defined below) and Landlord and/or Landlord’s Architect to conduct a walk-through inspection of the Base Building Improvements. During the inspection, Landlord’s Architect shall compile a punchlist of items yet to be completed. If Tenant or Tenant’s Architect shall fail to inspect the Base Building Improvements within ten (10) Business Days after the Substantial Completion Date specified in Landlord’s notice, the Base Building Improvements shall be deemed completed and satisfactory in all respects, and the Substantial Completion Date shall be the date set forth in Landlord’s notice. Landlord shall use commercially reasonable efforts to cause the remaining Base Building Improvements to have been completed on or before the Term Commencement Date in accordance with the Building Plans, the correction or completion of which items, collectively, will not substantially interfere with Tenant’s ability to occupy the Premises to commence the Tenant Improvement Work

  • Substantial Block means a number of shares of the Voting Stock which has 15% or more of the aggregate voting power of all outstanding shares of Voting Stock.

  • Substantially Responsive Bid means the bid that contains no material differences or deviations from, or reservations to, the terms, conditions and specifications given in the bidding documents;

  • Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.

  • Substantial rehabilitation means, with respect to the SAIL Program, to bring a Development back to its original state with added improvements, where the value of such repairs or improvements (excluding the costs of acquiring or moving a structure) exceeds 40 percent of the appraised as is value (excluding land) of such Development before repair and less than 50 percent of the proposed construction work consists of new construction. For purposes of this definition, the value of the repairs or improvements means the Development Cost. To be considered “Substantial Rehabilitation,” there must be at least the foundations remaining from the previous structures, suitable to support the proposed construction.

  • Substantial bodily injury means "bodily injury which involves (A) a temporary but substantial disfigurement; or (B) a temporary but substantial loss or impairment of the function of any bodily member, organ, or mental faculty." See 18 U.S.C. § 113(b)(1).

  • Deaf/blindness means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational problems that they cannot be accommodated in special education programs solely for students with deafness or students with blindness.

  • Substantial Taking means a Taking of at least 15% of the Land or Improvements which, in Lessee’s and Lessor’s reasonable judgment, will materially and adversely interfere with any development or use of the Premises that Lessee is then conducting or intends in good faith to conduct in the future.

  • Sexual assault has the same meaning as in RCW 70.125.030.

  • Sexually motivated ’ means that one of the purposes for which the defendant committed the crime was for the purpose of the defendant’s sexual gratification.

  • Biologically-based mental illness means schizophrenia, schizoaffective disorder, major depressive disorder, bipolar disorder, paranoia and other psychotic disorders, obsessive-compulsive disorder, and panic disorder, as these terms are defined in the most recent edition of the diagnostic and statistical manual of mental disorders published by the American Psychiatric Association.

  • Substantial compliance means a level of compliance with these rules where any deficiencies pose no greater risk to resident health or safety than the potential for causing minor harm.

  • Substantial Amount means, at the time of determination thereof, an amount in excess of 30.0% of total consolidated assets (exclusive of depreciation) at such time of the Borrower and its Subsidiaries determined on a consolidated basis.

  • Sexually violent offense means an offense for which a conviction has been entered for any of the following indictable offenses:

  • Substantial U.S. Market Interest means “substantial U.S. market interest” as that term is defined in Regulation S;

  • Substantial evidence means evidence that:

  • Not Typically Combined Network Elements shall mean that the particular Network Elements requested by ONS are not elements that BellSouth combines for its use in its network.

  • Financially Literate means the ability to read and understand a set of financial statements that present a breadth and level of complexity of accounting issues that are generally comparable to the breadth and complexity of the issues that can reasonably be expected to be raised by the Corporation’s financial statements.