The decisions means the decisions of the CMA on the questions which it is required to answer by virtue of section 35 of the Act Judicial Council’s Master Account means the Judicial Council’s billing account to which the Contractor is authorized to charge specifically identified charges under this Agreement.įinal Decree means the decree contemplated under Bankruptcy Rule 3022. Litigation Conditions has the meaning set forth in Section 7.2(b).
Non-Conforming Plan of Reorganization means any Plan of Reorganization whose provisions are inconsistent with the provisions of this Agreement, including any plan of reorganization that purports to re-order (whether by subordination, invalidation, or otherwise) or otherwise disregard, in whole or part, the provisions of Article II (including the Lien priorities of Section 2.1), the provisions of Article IV, or the provisions of Article VI, unless such Plan of Reorganization has been accepted by the voluntary required vote of each class of ABL Claimholders and Note Claimholders.įinal Judicial Determination has the meaning set forth in Section 2.3(a). Land use decision means an administrative decision of a land use authority or appeal authority regarding: Governmental Consent means any notice to, registration, declaration or filing with, exemption or review by, or authorization, order, consent or approval of, any Governmental Entity, or the expiration or termination of any statutory waiting periods Stipulation means this Stipulation and Agreement of Settlement. When used to refer to inspection of an original certificate of birth based upon an adoption, “court of competent jurisdiction” means the court in which the adoption was ordered. Special Conditions means those conditions, if any, set forth in Section 13 of the Loan Authorization Agreement.Ĭourt of competent jurisdiction means the appropriate court for the type of action. Supreme Court means the North Carolina Supreme Court. Order and Final Judgment means the order and final judgment of the Court approving the Settlement Agreement, as described in Section II(E)(7) below. Settlement Agreement means this agreement, including the recitals and schedules.Ĭonstruction and demolition waste means waste generated by construction and demolition activities ’
GENERAL AND SPECIAL CONDITIONS OF CONTRACT means the instructions to Tenderer and General and special conditions of contract pertaining to the work for which above tenders have been called for. Judicial commitment means a commitment by a court pursuantįinal Order and Judgment or “Judgment” means the Final Order and Judgment of the Court, substantially in the form attached hereto as Exhibit B, approving the Settlement and dismissing with prejudice the claims asserted against the Settling Defendants in the Action without costs to any Party (except as provided in this Stipulation).įinal Approval Order and Judgment means an order and judgment that the Court enters after the Final Fairness Hearing, which finally approves the Settlement and dismisses Defendants with prejudice and without material change to the Parties’ agreed-upon proposed final approval order and judgment attached hereto as Exhibit 11.
In the event of conflict between this Consent Decree and any appendix, this Consent Decree shall control. Consent Decree means this Consent Decree and all appendices attached hereto.