Fair and Equitable definition

Fair and Equitable means that a plan provides that either (A) the
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Fair and Equitable has the meaning ascribed to it in Chapter 17C, which is that any action undertaken with respect to this Plan provides for full and proper consideration of the aggregate Membership Interests and corresponding values of Eligible Policyholders, in no manner discriminates improperly among Eligible Policyholders and appropriately protects the interests of Eligible Policyholders before and subsequent to the Reorganization.
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Fair and Equitable means reasonable and balanced, normally relating to specific servicing provisions and associated responsibilities under this Joint Planning Agreement.
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Examples of Fair and Equitable in a sentence

  • Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity.

  • If a Recipient intends to complete an action not included in the AFFH Checklist to satisfy one of the categories from the AFFH Checklist, it must apply to Fair and Equitable Housing Office (FEHO) for permission to do so.

  • This article accords Fair and Equitable Treatment (FET) to investors and investments, which has become the centrepiece of most modern investor claims.

  • NOTE: Compliance with the fair housing training requirement can be demonstrated by viewing the NYS Fair and Equitable Housing Office Fair Housing Webinar, available http://youtu.be/vrp5v5u-W_M 11b.

  • The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS), an agreement under the Convention on Biological Diversity, was adopted on 29 October 2010 in Nagoya (Japan) and entered into force on 12 October 2014, it provides a transparent legal framework for the effective implementation of the 3rd objective of the Convention on Biological Diversity (CBD).

  • See ___ ___ Secretary of Energy Delegation Order No. 0204-127, 54 Fed.

  • For example, if the Seller were to redeem $445,885.56 in outstanding principal of this Debenture pursuant to Section 1.04 hereof, then the Seller would be deemed to have acquired 25% of the Holder's ownership interest in the Property (calculated by dividing 445,885.56 by 1,783,549.25), and the Holder's ownership interest in the Property would be deemed to have declined by 25%.

  • Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefits Arising out of their Utilization, in Report of the Sixth Meeting of the Conference of the Parties to the Convention on Biological Diversity, 2002, UN Doc.

  • The Plan does not discriminate unfairly against Class 16 (Subordinated Claims) because the Claims within such Class are subordinated to all other Claims classified under the Plan in accordance with section 510(b) of the Bankruptcy Code and are entitled to Distributions under the Plan only to the extent that Classes that are senior in priority are paid in full.Section 1129(b)(1), (b)(2): Fair and Equitable.

  • Tudor, The Fair and Equitable Treatment Standard in International Foreign Investment Law (Oxford: OUP, 2008), especially p.


More Definitions of Fair and Equitable

Fair and Equitable means providing all competitors with access to the scarce resource in similar manner. In the mid 1980’s, the incumbents who we essentially have once again today thanks to industry consolidation, namely Rogers and Bell/ Telus Mobility (the “Mobility’s”), both received spectrum for “free”, not via an auction process. The license fee was passed on to the consumer so indeed it was “free” to these incumbents because they did not have to pay millions within 30 days of an auction.Incumbents were also granted sufficient time to build their networks, with a “no head start provision” on competition to establish market share and payfor the licenses on an “as you go basis”. In 1995, both incumbents received more of this scarce resource and once again it was “free”. The cost of the license was passed on to the consumer and they got to “pay as you go” while building networks, subscriber bases and popularizing their brands.In 2001 the circumstances had changed. Telus and BC Tel Mobility had decided long ago they did not want to be part of Stentor anymore. So they merged and eventually swallowed up clearNET’s “free” spectrum licence nationwide. The only new entrant left from 1995 with more “free” spectrum was Microcell. In the 2001 auction process the game changed and for the first time bidders were required to pay for a 10 year license upfront and within 30 days.Bell has other revenue streams besides wireless as does Rogers and Telus. Microcell was dealing with CCAA issues and was dependent on wireless revenue. In the very first PCS auction, which was an open auction to all, the incumbents Bell, Rogers and Telus swallowed up all available spectrum. Microcell and other potential new entrants who tried to enter the bidding won 4 of the available 52 licenses. None of the 4 licenses were in major markets and are essentially considered stranded spectrum meaning extremely low value to a new entrant.One has to ask if the 2001 open auction was in fact fair and equitable to all bidders including new entrants. Perhaps it can be agreed that it wasn’t fair and equitable to new entrants just based on the outcome. We believe the council may want to convince any potential new entrant and therefore a potential member, they understand business. Further the council may want to also convince all of their members they can make these types of assessments and recommendations from an educated and knowledgeable perspective on behalf of all their members, not just at the urging of a select membe...
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Fair and Equitable means that any action undertaken pursuant to
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Fair and Equitable means that any action undertaken pursuant to this act with respect to a plan of reorganization, provides for full and proper consideration of the aggregate membership interests and corresponding values of eligible policyholders, in no manner discriminates improperly among eligible policyholders and appropriately protects the interests of eligible policyholders before and subsequent to the reorganization;
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Fair and Equitable means that each HOLDER OF AN INTEREST must receive the
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Fair and Equitable means that a plan provides that either (A) the holder of the secured claim in an impaired class retains the liens
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Fair and Equitable awarded/assigned overtime, callout and callback hours will be available to current supervisors via the supervisor’s portal in the current overtime scheduling software in seniority order for each classification. The hours of overtime, call-out and callback awarded/worked will be automatically updated at the time the assignment is awarded/scheduled by the current overtime scheduling software.
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Related to Fair and Equitable

  • Equitable means fair and reasonable under the circumstances.

  • Fair wages means wages whether for time of piecework notified by the Government from time in the area in which the work is situated.

  • Equitable Defenses means any bankruptcy, insolvency, reorganization or other Laws affecting creditors’ rights generally and, with regard to equitable remedies, the discretion of the court before which proceedings may be pending to obtain same.

  • fair and reasonable conditions means appropriate conditions, including possible financial terms or royalty-free conditions, taking into account the specific circumstances of the request for access, for example the actual or potential value of the results or background to which access is requested and/or the scope, duration or other characteristics of the exploitation envisaged;

  • As low as is reasonably achievable (ALARA) means making every reasonable effort to maintain exposures to radiation as far below the dose limits in these regulations as is practical, consistent with the purpose for which the licensed or registered activity is undertaken, taking into account the state of technology, the economics of improvements in relation to state of technology, the economics of improvements in relation to benefits to the public health and safety, and other societal and socioeconomic considerations, and in relation to utilization of nuclear energy and licensed or registered sources of radiation in the public interest.

  • Fair Market Value means, as of any date, the value of Common Stock determined as follows:

  • Fair Rental Value as used in this Lease, shall be equal to the annual rent per rentable square foot (including additional rent and considering any “base year” or “expense stop” applicable thereto), including all escalations, at which tenants (pursuant to leases consummated within the twelve (12) month period preceding the first day of the Option Term), are leasing non-sublease, non-encumbered, non-equity space which is not significantly greater or smaller in size than the subject space, with a comparable level of improvements (excluding any property that Tenant would be allowed to remove from the Premises at the termination of the Lease), for a comparable lease term, in an arm’s length transaction, which comparable space is located in the “Comparable Buildings,” as that term is defined in this Section 2.2.2, below (transactions satisfying the foregoing criteria shall be known as the “Comparable Transactions”), taking into consideration the following concessions (the “Concessions”): (a) rental abatement concessions, if any, being granted such tenants in connection with such comparable space; (b) tenant improvements or allowances provided or to be provided for such comparable space, and taking into account the value, if any, of the existing improvements in the subject space, such value to be based upon the age, condition, design, quality of finishes and layout of the improvements and the extent to which the same can be utilized by a general office/lab user other than Tenant; and (c) other reasonable monetary concessions being granted such tenants in connection with such comparable space; provided, however, that in calculating the Fair Rental Value, no consideration shall be given to the fact that Landlord is or is not required to pay a real estate brokerage commission in connection with Tenant’s exercise of its right to extend the Lease Term, or the fact that landlords are or are not paying real estate brokerage commissions in connection with such comparable space. The Concessions shall be reflected in the effective rental rate (which effective rental rate shall take into consideration the total dollar value of such Concessions as amortized on a straight-line basis over the applicable term of the Comparable Transaction (in which case such Concessions evidenced in the effective rental rate shall not be granted to Tenant)) payable by Tenant. The term “Comparable Buildings” shall mean the Building and those other life sciences buildings which are comparable to the Building in terms of age (based upon the date of completion of construction or major renovation of to the building), quality of construction, level of services and amenities, size and appearance, and are located in South San Francisco, California and the surrounding commercial area.

  • Equitable Exceptions means, with respect to the enforceability of any obligation, that such obligation is subject to (a) applicable bankruptcy, insolvency, moratorium, receivership, assignment for the benefit of creditors or other similar state or federal laws affecting the rights and remedies of creditors generally (including, without limitation, fraudulent conveyance or transfer laws) and judicially developed doctrines in this area, such as equitable subordination and substantive consolidation of entities and (b) equitable principles (whether considered in a proceeding in equity or at law).

  • Market Value as defined in the regulation prescribing the standards for real estate appraisals used in federally related transactions, 12

  • Fair Wages means wages whether for time or piece work notified at the time of inviting tenders for the work and where such wages prescribed by the government of India in the ministry of labour and employment vide Sl.No. 1917 published in the gazette of India, extraordinary part - ii section (3) sub-section (ii) dated 19-5-1969.

  • Recourse Liabilities means the amount of liabilities owed by the Partnership (other than Nonrecourse Liabilities and liabilities to which Partner Nonrecourse Deductions are attributable in accordance with Section 1.704-(2)(i) of the Regulations).

  • fair price, means the price that is determined by financial advisor approved by the SEC.

  • Nonrecourse Liabilities has the meaning set forth in Section 1.704-2(b)(3) of the Regulations.

  • the data protection principles means the principles set out in Part I of Schedule 1 to that Act, as read subject to Part II of that Schedule and to section 27(1) of that Act;

  • General Liabilities shall have the meaning given it in Article III, Section 6(b) of this Declaration of Trust;

  • Land Value means, at any time:-

  • Nonrecourse Liability has the meaning set forth in Treasury Regulation Section 1.752-1(a)(2).

  • Fair Market Value Excess With respect to each Mortgage Loan to be purchased pursuant to Section 10.01(a), the excess, if any, of the Fair Market Value Call Price for such Mortgage Loan, over the Par Call Price for such Mortgage Loan. Any Fair Market Value Excess will not become part of the related Group Available Funds, but shall instead be distributed directly to the Holders of the Class A-LR Certificates pursuant to Section 4.02(g).

  • Independent Assets or Operations means, with respect to any such parent company, that such parent company’s total assets, revenues, income from continuing operations before income taxes and cash flows from operating activities (excluding in each case amounts related to its investment in the Issuer and the Restricted Subsidiaries), determined in accordance with GAAP and as shown on the most recent balance sheet of such parent company, is more than 3.0% of such parent company’s corresponding consolidated amount.

  • restrictive practice means forming a cartel or arriving at any understanding or arrangement among Bidders with the objective of restricting or manipulating a full and fair competition in the Bidding Process.

  • Plant and Equipment means permanent plant, equipment, machinery, apparatus, articles and things of all kinds to be provided and incorporated in the Facilities by the Contractor under the Contract (including the spare parts to be supplied by the Contractor under GCC Sub-Clause 3.3 hereof), but does not include Contractor’s Equipment.

  • REASONABLY SAFE FROM FLOODING Means base flood waters will not inundate the land or damage structures to be removed from the floodplain and that any subsurface waters related to the base flood will not damage existing or proposed buildings.

  • full insurable value means one hundred percent (100%) of the actual replacement cost of the Property (excluding foundation and excavation costs and costs of underground flues, pipes, drains and other uninsurable items).

  • Historical Fair Market Value means the volume weighted average price of the Ordinary Shares during the ten (10) trading day period ending on the trading day prior to the first date on which the Ordinary Shares trade on the applicable exchange or in the applicable market, regular way, without the right to receive such rights. No Ordinary Shares shall be issued at less than their par value.

  • Contributing Guarantors as defined in Section 7.2.

  • Bankruptcy and Equity Exception means that this Agreement is, when executed and delivered by such member(s) of the Seller Group and assuming the due authorization, execution and delivery hereof by the members of the Purchaser Group that are (or are contemplated to be) party hereto, will be, legal, valid and binding obligations of such members of the Seller Group enforceable in accordance with their terms, subject to receivership, conservatorship and supervisory powers of bank regulatory agencies, bankruptcy, rehabilitation, liquidation, insolvency reorganization, moratorium, fraudulent transfer, preferential transfer and similar Laws of general applicability relating to or affecting creditors’ rights and remedies generally and to general equity principles.