Determination of Effect Sample Clauses

Determination of Effect. The posting of this PA Memo on the Cultural Resources Information (CRI) website is required by Stipulation IV.E.2. of the 2011 Military Relocation PA as a means for interested members of the public to provide comments on the identification and evaluation of historic properties. Confidentiality requirements under the Archaeological Resources Protection Act (ARPA) and National Historic Preservation Act (NHPA) prohibit federal agencies from publicly disclosing the exact nature and location of archaeological sites and other types of historic properties such as traditional cultural properties (TCPs).
Determination of Effect. Considering the information contained in the "Programmatic Agreement Among the Department of Defense, the Advisory Council on Historic Preservation, the Guam State Historic Preservation Officer, and the Commonwealth of the Northern Mariana Islands State Historic Preservation Officer Regarding the Military Relocation to the Islands of Guam and Tinian" dated March 9, 2011, the Navy has determined that this project will have no effect on historic properties and does not require further review under the National Historic Preservation Act. This memo is to be retained as an administrative record of this finding.
Determination of Effect. The parties agree to use the definition of "likely to adversely affect" found in the Endangered Species Consultation Handbook (NMFS/USFWS, March 1998, p.3-13): " any adverse effect to listed species or critical habitat that may occur as a direct or indirect result of the proposed action Lynx Conservation Agreement-- USDA Forest Service & USDI Fish and Wildlife Service or its interrelated or interdependent actions" and such adverse effects are not discountable or insignificant. The Lynx LCAS will be used and referenced in all determinations of effect for lynx. It will be used as described in the LCAS in the section entitled "Approach to Development of Conservation Measures," and as provided for in current and future LCAS implementation guidance. The LCAS frames the preferred and advisable courses of action for conservation of lynx. Effects determinations will include consideration of local conditions and activities by local biologists using the LCAS and other relevant information sources. Effects determinations will also take into account modifications made to projects or plans that reduce or eliminate potential adverse effects to lynx. Documentation of effects determinations would occur in accordance with regulatory and agency policy for sensitive species or species listed or proposed for listing as endangered or threatened. Administrative units in each lynx geographic area (as defined in the LCAS) should consider working together to supplement the guidance in this section (C) with more specific tools, such as project screens, that could help insure consistency and accuracy in determination of effects.
Determination of Effect. 1293 The NASA Center or Center CRM will make a determination of effect. In the event of a 1294 likely adverse effect, NASA will first consider whether the Project can be feasibly altered 1295 to avoid or minimize adverse effects. 1296
Determination of Effect. The NMDGF shall provide copies of the survey or inventory report(s), supporting documentation and eligibility and effect determinations to the appropriate state land managing agency, and to tribes and other consulting parties upon request, prior to submittal of the documentation to SHPO. These parties will have up to thirty days (30) to review and provide comment to NMDGF.
Determination of Effect. A determination of effect is made after avoidance and minimization through standard treatment measures and/or best management practices (BMPs) have been integrated into the project design (see Appendix C, II.D.
Determination of Effect. A determination made by a federal agency in regards to a Project’s 37 effect upon a historic property as defined in 36 C.F.R. Part 800. 38
Determination of Effect. If the DNR determines that historic property(ies) 341 within the APE may be directly, indirectly, or cumulatively affected by the 342 proposed Undertaking, the DNR will continue the review process as outlined 343 under Stipulation IV(C). 344 C. ASSESSMENT OF EFFECTS FROM THE UNDERTAKING AND RESOLUTION OF ADVERSE 345 EFFECTS 346 1. Assessment Requirement: The DNR will assess the effects of the proposed 347 Undertaking, including cumulative effects, on historic properties within the AP 348 using the criteria of adverse effect set forth in 36 CFR 800.5(a)(1) and complet 349 the review process as outlined below.
Determination of Effect 

Related to Determination of Effect

  • Determination of Fair Market Value For purposes of this Section 10.2, “fair market value” of a Share (or Common Stock if the Shares have been converted into Common Stock) as of a particular date (the “Determination Date”) shall mean: (i) If the Conversion Right is exercised in connection with and contingent upon a Public Offering, and if the Company’s Registration Statement relating to such Public Offering (“Registration Statement”) has been declared effective by the Securities and Exchange Commission, then the initial “Price to Public” specified in the final prospectus with respect to such offering. (ii) If the Conversion Right is not exercised in connection with and contingent upon a Public Offering, then as follows: (A) If traded on a securities exchange, the fair market value of the Common Stock shall be deemed to be the average of the closing prices of the Common Stock on such exchange over the five trading days immediately prior to the Determination Date, and the fair market value of the Shares shall be deemed to be such fair market value of the Common Stock multiplied by the number of shares of Common Stock into which each share of Series Preferred is then convertible; (B) If traded on the Nasdaq Stock Market or other over-the-counter system, the fair market value of the Common Stock shall be deemed to be the average of the closing prices of the Common Stock over the five trading days immediately prior to the Determination Date, and the fair market value of the Shares shall be deemed to be such fair market value of the Common Stock multiplied by the number of shares of Common Stock into which each Share is then convertible; and (C) If there is no public market for the Common Stock, then fair market value shall be determined by the Board of Directors of the Company in good faith. In making a determination under clauses (A) or (B) above, if on the Determination Date, five trading days had not passed since the closing of the Company’s initial public offering of its Common Stock (“IPO”), then the fair market value of the Common Stock shall be the average closing prices or closing bid prices, as applicable, for the shorter period beginning on and including the date of the IPO and ending on the trading day prior to the Determination Date (or if such period includes only one trading day, the closing price or closing bid price, as applicable, for such trading day). If closing prices or closing bid prices are no longer reported by a securities exchange or other trading system, the closing price or closing bid price shall be that which is reported by such securities exchange or other trading system at 4:00 p.m. New York City time on the applicable trading day.