Future Affiliate definition

Future Affiliate means any one entity, other than an entity with a Market Share greater than 30% as of the date of this Agreement, which is a Non-settling Tobacco Company (including any successor to or assignee of its assets) if such entity or an Affiliate of such entity with the prior written approval of Brooke Group, subsequent to the date, and during the term, of this Agreement but prior to the fourth anniversary of the date of execution of this Settlement Agreement: (i) directly or indirectly acquires or is acquired by Liggxxx xx Brooxx Xxxup; (ii) directly or indirectly acquires all or substantially all of the stock or assets of Liggxxx xx Brooke Group; (iii) all or substantially all of whose stock or assets are directly or indirectly acquired by Liggxxx xx Brooxx Xxxup; or (iv) directly or indirectly merges with Liggxxx xx Brooke Group or otherwise combines on any basis with Liggxxx xx Brooxx Xxxup.

Future Affiliate means, with respect to either Party, a Third Party that is not an Affiliate of such Party as of the Effective Date but that subsequently becomes an Affiliate of such Party as a result of a Change of Control of such Party.

Future Affiliate means any one entity, other than an entity with a Market Share greater than 30% as of the date of this Agreement, which is a defendant in the Attorney General Actions and which, with the prior written approval of Brooke Group, subsequent to the date, and during the term, of this Agreement but prior to the fifth anniversary (subject to the $5 million payment required by Section 5.10) of the date of this Settlement Agreement: (i) directly or indirectly acquires or is acquired by Liggett or Brooke Group; (ii) which directly or indirectly acquires all or substantially all of the stock or assets of Liggett or Brooke Group; (iii) all or substantially all of whose stock or assets are directly or indirectly acquired by Brooke Group or Liggett; or (iv) directly or indirectly merges with Brooke Group or Liggett or otherwise combines on any basis with Liggett or Brooke Group.

Examples of Future Affiliate in a sentence

• No Non-Settling Defendant may become a Future Affiliate if after the date of this Agreement that Non-Settling Defendant has by spin off, sale or other transaction substantially changed its Domestic Tobacco Operations so as to result in a material reduction in Market Share caused by such voluntary corporate action.

• At the time a Future Affiliate or other entity becomes bound by this Agreement and the Castano Settlement Agreement to the extent the CTCIR Research Fund is not funded under the Castano Settlement Agreement, that $10 million shall be paid into the Attorney General Settlement Fund and used for the same or similar purposes set forth in the Castano Settlement Agreement.

• If the Brooke Group or Liggett fails to consummate a merger or other transaction with a Non-Settling Defendant which results in the creation or acquisition of a Future Affiliate within three years of the date of the execution of this Agreement, Liggett shall pay into the Attorney General Settlement Fund $5 million for distribution to each of the Initial Settling States on an equal share basis.

• Thus, if at the time of the Initial Payment hereunder, the Future Affiliate had a market share of 20 percent, and made a payment the Present Value of which is $150 million, and the Settling States subsequently enter into a Group Other Settlement with a Non-Settling Defendant which has a market share of 10 percent, the Benchmark Figure for the Initial Payment shall be $225 million.

• The terms of this Agreement shall not be binding upon or applicable to a Future Affiliate of the Settling Defendants, except as provided for in this Section 10.

More Definitions of Future Affiliate

Future Affiliate means any entity, other than an entity with a market share greater than thirty percent as of the date of this Agreement, which is a defendant in CASTXXX xxx which, with the prior written approval of Brooke Group, subsequent to the date, and during the term, of this agreement but prior to the fifth anniversary (subject to the $5 million payment required by Section 6.8) of the date of this Agreement: directly or indirectly acquires or is acquired by Liggxxx xx Brooxx Xxxup; which directly or indirectly acquires all or substantially all of the stock or assets of Liggxxx xx Brooke Group; all or substantially all of whose stock or

Future Affiliate means any one entity, other than an entity with a Market Share greater than 30% as of the date of this Agreement, which is a Non-settling Tobacco Company (including any successor to or assignee of its assets) if such entity or an Affiliate of such entity with the prior written approval of Brooke Group, subsequent to the date, and during the term, of

Future Affiliate means any entity, other than an entity with a Market Share greater than 30%, which is a defendant in Xxxxxxx and which, with the prior written approval of Brooke Group, subsequent to the date, and during the term, of this Agreement: directly or indirectly acquires or is acquired by Xxxxxxx or Xxxxxx Group; which directly or indirectly acquires all or substantially all of the stock or assets of Xxxxxxx or Brooke Group; all or substantially all of whose stock or assets are directly or indirectly acquired by Brooke Group or Xxxxxxx; or directly or indirectly merges or otherwise combines with Brooke Group or Xxxxxxx.

Future Affiliate means any Affiliate of St. Jude Medical, Inc. or Volcano Corporation that becomes an Affiliate after the Effective Date.

Future Affiliate means, as to any Entity, any other Entity that (a) at any time after the date of this Agreement qualifies as an Affiliate of such Entity or any successor in interest of such Entity under the definition set forth herein and (b) does not qualify as an Affiliate of such Entity as of the date of this Agreement.

Future Affiliate means any one entity, other than an entity with a Market Share greater than 30% as of the date of this Agreement, which is a Non-Settling Tobacco Company (including any successor to or assignee of its assets) if such entity or an Affiliate of such entity with the prior written approval of Brooke Group, subsequent to the date, and during the term of this Agreement but prior to March 20, 2001: (i) directly or indirectly acquires or is acquired by Liggxxx xx Brooxx Xxxup; (ii) directly or indirectly acquires all or substantially all of the stock or assets of Liggxxx xx Brooke Group; (iii) all or substantially all of whose stock or assets are directly or indirectly acquired by Liggxxx xx Brooxx Xxxup; or (iv) directly or indirectly merges with Liggxxx xx Brooke Group or otherwise combines on any basis with Liggxxx xx Brooxx Xxxup.

Future Affiliate means any person or entity who becomes an Affiliate of a Party after the date of execution of this AGREEMENT.