Successful Challenge definition

Successful Challenge means the date a court of competent jurisdiction has determined in a final, non-appealable order that this Agreement, or any term or provision hereof, after giving effect to Section 27, caused a termination of the Company’s REIT election under Section 856(g) of the Code.
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Examples of Successful Challenge in a sentence

  • Effects of a Successful Challenge 19910 Enforcement of the Award 202A.

  • Upon the entry of a final order affirming a Successful Challenge (defined below), the party obtaining the Successful Challenge may seek the disallowance or disgorgement of any liens or payments made pursuant to section 3(a) (i), (ii), and (iv) of this Interim Order subject to any rights, claims or defenses of the Prepetition Secured Parties and Prepetition Noteholder Parties.

  • The stipulations, admissions, and releases contained in paragraph F of this Interim Order shall be immediately binding upon the Debtor, its affiliates, and any of their respective successors in all circumstances, except in the event of a Successful Challenge (as defined below).

  • Livermore, Sharp Legal Strategy in the Successful Challenge to Obama Air Quality Rule, HUFFINGTONPOST.COM (Aug.

  • If the examination results are acceptable, the examining professor or committee will report the results, via the Certification of Successful Challenge Examination form, to the dean of the school or chair of the department.

  • Put simply: Successful Challenge = Demand + Opportunity + Activation Demand arises through a combination of systemic discontent over individuals’ perceived economic and political situation (step 1).

  • The Preferred Shares may be issued from time to time in one or more classes.

  • The 4th Circuit affirmed the district court’s holding that the decisions of Army personnel on how and where to dispose of hazardous substances represented an exercise of such discretion, and the Supreme Court declined to hear the appeal.D. Successful Challenge to Inclusion of a Site on the NPL In Genuine Parts Company v.

  • Successful Challenge to Legally Ineffective SchemesIf the scheme is ineffective (fails in law) the taxpayer has to consider the possibility that the tax authority successfully challenges it and recovers all the tax plus interest, plus, possibly, apenalty.

  • Making a Successful Challenge When tax litigators contemplate pursing APA claims, they must ensure that they comply with applicable procedural rules.

Related to Successful Challenge

  • Successful Vendor means the organization or person with whom the order is placed or who is contracted to execute the work as detailed in the bid.

  • Successful Proponent means a Proponent who the City may award the agreement to, as a result of this RFP document.

  • Successful Proposer means any Proposer selected by the University to receive an Award as a result of this RFP and to enter into a Contract to provide the University with the products or services sought by this RFP.

  • Successful Applicant means an “employee applicant” or “applicant” who has been offered employment within this Bargaining Unit by the Employer.

  • Successful Bid means the Bid of the Successful Bidder for acquisition of assets of the Corporate Debtor and as declared by the Liquidator in terms of sub-clause VIII of Clause 5.4 of this document.

  • Successful Completion means that in the reasonable opinion of the Customer, Deliverables completed by the Supplier are fit for purpose, completed on time and otherwise meet all the criteria defined under this Contract;

  • Successful has the meaning specified in the Indenture.

  • Successful Bidder As defined in Section 7.01(c).

  • Patent Challenge means a challenge to the validity, patentability, enforceability and/or non-infringement of any of the Licensed Patents or otherwise opposing any of the Licensed Patents.

  • Successful Remarketing means, as applicable, a Successful Optional Remarketing or a Successful Final Remarketing.

  • Supplier/ Successful or Selected bidder means the person, private or government entity, or a combination of the above, whose Bid to perform the Contract has been accepted by the Purchaser and is named as such in the Agreement, and includes the legal successors or permitted assigns of the successful/ selected bidder.

  • Successful Bidder” or “Successful E-Auction Process Participant means, the Qualified Bidder whose bid is approved and who is declared successful by the Liquidator at the end of the determined auction phase.C. INTRODUCTION

  • Adjudicatory proceeding means a contested case, a proceeding that may culminate in a contested case, a petition for declaratory order, a petition for expedited resolution of a negotiability dispute, or any other proceeding which may require the board or its designee to issue a decision, order, or ruling.

  • Unsuccessful Security Incident means a Security Incident such as routine occurrences that do not result in unauthorized Access, Use, Disclosure, modification, or destruction of information or interference with system operations in an Information System, such as: (i) unsuccessful attempts to penetrate computer networks or services maintained by Business Associate; and (ii) immaterial incidents such as pings and other broadcast attacks on Business Associate's firewall, port scans, unsuccessful log-on attempts, denials of service and any combination of the above with respect to Business Associate’s Information System.

  • Lawsuit means any lawsuit, arbitration or other dispute resolution filed by either party herein pertaining to any of this Warrant, the Facility Agreement and the Registration Rights Agreement.

  • Successful Tenderer means the Tenderer declared technically and financially successful for the Project and with whom, the Contract Agreement shall be signed.

  • prevailing party shall include, without limitation, a Party or Broker who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or the abandonment by the other Party or Broker of its claim or defense. The attorneys' fee award shall not be computed in accordance with any court fee schedule, but shall be such as to fully reimburse all attorneys' fees reasonably incurred. Lessor shall be entitled to attorneys' fees, costs and expenses incurred in preparation and service of notices of Default and consultations in connection therewith, whether or not a legal action is subsequently commenced in connection with such Default or resulting Breach. Broker(s) shall be intended third party beneficiaries of this Paragraph 31.

  • Successful Bidder(s) means the bidder(s) to whom work in this tender is awarded.

  • Targeted Unsuccessful Security Incident means an Unsuccessful Security Incident that appears to be an attempt to obtain unauthorized Access, Use, Disclosure, modification or destruction of the Covered Entity’s Electronic PHI.

  • ADR Proceeding means either an Arbitration or a Mediation.

  • Adjudicative proceeding means the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.

  • third party proceeding means any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative, other than an action by or in the right of the corporation.

  • Litigation means any action, suit or proceeding before any court, mediator, arbitrator or Governmental Authority.

  • Competent Court means the Supreme Court of India or any High Court, or any tribunal or any similar judicial or quasi-judicial body that has jurisdiction in relation to issues relating to the Project.

  • Successful Security Incident means a Security Incident that results in the unauthorized Access, Use, Disclosure, modification, or destruction of information or interference with system operations in an Information System.

  • Adjudicatory hearing means a hearing to determine: