Common use of Affiliate Transactions Clause in Contracts

Affiliate Transactions. Neither the Borrower nor any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 22 contracts

Samples: Credit Agreement (LTC Properties Inc), Credit Agreement (LTC Properties Inc), Credit Agreement (LTC Properties Inc)

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Affiliate Transactions. Neither Except as permitted by Section 8.14 hereof, none of the Borrower nor or any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 18 contracts

Samples: Credit Agreement (CTO Realty Growth, Inc.), Credit Agreement (Umh Properties, Inc.), Credit Agreement (Alpine Income Property Trust, Inc.)

Affiliate Transactions. Neither the Borrower nor any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 13 contracts

Samples: Credit Agreement (Siebert Financial Corp), Credit Agreement (Duluth Holdings Inc.), Credit Agreement (Duluth Holdings Inc.)

Affiliate Transactions. Neither the Borrower Company nor any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned Owned Subsidiaries) on terms and conditions which are less favorable to the Borrower Company or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 13 contracts

Samples: Credit Agreement (Oil-Dri Corp of America), Credit Agreement (Oil-Dri Corp of America), Revolving Credit Agreement (Newport Corp)

Affiliate Transactions. Neither the Borrower nor any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned Owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 7 contracts

Samples: Credit Agreement (Granite City Food & Brewery Ltd.), Credit Agreement (Granite City Food & Brewery LTD), Credit Agreement (Lamson & Sessions Co)

Affiliate Transactions. Neither the Borrower nor any Subsidiary is a party to any material contracts or agreements with any of its Affiliates (other than with Wholly-owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 5 contracts

Samples: Credit Agreement (Apac Teleservices Inc), Credit Agreement (Cleveland Cliffs Inc), Credit Agreement (Apac Customer Service Inc)

Affiliate Transactions. Neither the Borrower nor any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 4 contracts

Samples: Credit Agreement (Air T Inc), Credit Agreement (Quadrant 4 System Corp), Credit Agreement (Duluth Holdings Inc.)

Affiliate Transactions. Neither the Other than as set forth on Schedule 5.14, neither Borrower nor any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than any such contracts or agreements between or among the Loan Parties or with Wholly-Wholly owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 4 contracts

Samples: Credit Agreement (Sterling Infrastructure, Inc.), Credit Agreement (Sterling Infrastructure, Inc.), Credit Agreement (Sterling Construction Co Inc)

Affiliate Transactions. Neither the Borrower nor any Subsidiary of its Subsidiaries is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each otherother other than management fees payable by Hewitt Services LLC and the Parent to the Borrower.

Appears in 4 contracts

Samples: 364 Day Credit Agreement (Hewitt Associates Inc), Credit Agreement (Hewitt Associates Inc), 364 Day Credit Agreement (Hewitt Associates Inc)

Affiliate Transactions. Neither the Borrower nor any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other, provided that the foregoing shall not apply to any Permitted Transaction.

Appears in 4 contracts

Samples: Delayed Draw Term Loan Credit Agreement (Penford Corp), Credit Agreement (Penford Corp), Credit Agreement (Penford Corp)

Affiliate Transactions. Neither the Borrower nor any Subsidiary of its Subsidiaries is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned Wholly Owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 3 contracts

Samples: Credit Agreement (Morton Industrial Group Inc), Credit Agreement (Morton Industrial Group Inc), Credit Agreement (Morton Industrial Group Inc)

Affiliate Transactions. Neither the Borrower nor any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned Subsidiaries which are Domestic Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 3 contracts

Samples: Credit Agreement (Plexus Corp), Credit Agreement (Plexus Corp), Credit Agreement (Plexus Corp)

Affiliate Transactions. Neither None of Holdings, the Borrower nor any or Borrower Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned Wholly‑owned Borrower Subsidiaries) on terms and conditions which are less favorable to Holdings, the Borrower or such Borrower Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 3 contracts

Samples: Credit Agreement (Intl Fcstone Inc.), Credit Agreement (Intl Fcstone Inc.), Credit Agreement (Intl Fcstone Inc.)

Affiliate Transactions. Neither Except as set forth on Schedule 6.14, neither the Borrower nor any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 3 contracts

Samples: Bridge Loan Agreement (DG FastChannel, Inc), Credit Agreement (DG FastChannel, Inc), Credit Agreement (DG FastChannel, Inc)

Affiliate Transactions. Neither Except as permitted by Section 8.14 hereof, neither the Borrower nor any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 3 contracts

Samples: Credit Agreement (Monmouth Real Estate Investment Corp), Credit Agreement (Monmouth Real Estate Investment Corp), Credit Agreement (Monmouth Real Estate Investment Corp)

Affiliate Transactions. Neither None of the Parent, any Borrower nor any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned Subsidiaries) on less favorable material terms and conditions which are less favorable to the Parent, such Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 3 contracts

Samples: Amendment Agreement (Boulder Brands, Inc.), Credit Agreement (Boulder Brands, Inc.), Credit Agreement (Smart Balance, Inc.)

Affiliate Transactions. Neither the Borrower nor any Subsidiary of its Subsidiaries is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned Subsidiaries) on terms and conditions which are less favorable to the Borrower such Loan Party or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each otherother (excluding contracts and agreements (i) among the Loan Parties, (ii) among the Loan Parties and their wholly-owned Subsidiaries, and (iii) among the Loan Parties’ wholly-owned Subsidiaries).

Appears in 2 contracts

Samples: Credit Agreement (PERDOCEO EDUCATION Corp), Credit Agreement (PERDOCEO EDUCATION Corp)

Affiliate Transactions. Neither the Borrower nor any Subsidiary is a party to any contracts contract or agreements agreement with any of its Affiliates (other than with Wholly-owned Subsidiariesany contract or agreement between the Borrower and any Domestic Subsidiary or between any Domestic Subsidiary and any other Domestic Subsidiary) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 2 contracts

Samples: Credit Agreement (Cleveland Cliffs Inc), Multicurrency Credit Agreement (Cleveland Cliffs Inc)

Affiliate Transactions. Neither the Borrower nor any Subsidiary of its Subsidiaries is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each otherother other than management fees payable by Xxxxxx Services LLC and the Parent to the Borrower.

Appears in 2 contracts

Samples: Revolving and Term Credit Agreement (Hewitt Associates Inc), Revolving and Term Credit Agreement (Hewitt Associates Inc)

Affiliate Transactions. Neither the Borrower nor any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned Subsidiaries) on terms and conditions which are materially less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 2 contracts

Samples: Credit Agreement (National Credit & Guaranty CORP), Credit Agreement (Kimball Hill, Inc.)

Affiliate Transactions. Neither the Borrower nor any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than any such contracts or agreements with Wholly-owned Owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 2 contracts

Samples: Credit Agreement (BIO-TECHNE Corp), Credit Agreement (BIO-TECHNE Corp)

Affiliate Transactions. Neither the Borrower nor any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with transactions between the Borrower and a Wholly-owned Owned Subsidiary or between Wholly-Owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 2 contracts

Samples: Multicurrency Credit Agreement (Gallagher Arthur J & Co), Credit Agreement (Gallagher Arthur J & Co)

Affiliate Transactions. Neither the Borrower nor any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned SubsidiariesGuarantors) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other, other than as otherwise described as of the Closing Date in the Borrower’s filings with the Securities and Exchange Commission.

Appears in 2 contracts

Samples: Credit Agreement (Unified Western Grocers Inc), Credit Agreement (Unified Western Grocers Inc)

Affiliate Transactions. Neither Except as set forth on Exhibit “B” hereto, neither the Borrower nor any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned Subsidiaries) on terms and conditions which that are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each one other.

Appears in 2 contracts

Samples: Loan Agreement (First Advantage Corp), Loan Agreement (First Advantage Corp)

Affiliate Transactions. Neither None of the Borrower nor Borrowers or any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned Subsidiaries) on terms and conditions which are less favorable to the such Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 2 contracts

Samples: Credit Agreement (Amcol International Corp), Credit Agreement (Amcol International Corp)

Affiliate Transactions. Neither the Borrower nor any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with Ascension and Wholly-owned Owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 2 contracts

Samples: Credit Agreement (Accretive Health, Inc.), Credit Agreement (Accretive Health, Inc.)

Affiliate Transactions. Neither None of the Parent, the Borrower nor any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned Subsidiaries) on less favorable material terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 2 contracts

Samples: Credit Agreement (Smart Balance, Inc.), Credit Agreement (Smart Balance, Inc.)

Affiliate Transactions. Neither the Borrower nor any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned Subsidiaries) on terms and conditions which are are, to the best of the Borrower’s knowledge, less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 2 contracts

Samples: Credit Agreement (Diamond Management & Technology Consultants, Inc.), Credit Agreement (Diamond Management & Technology Consultants, Inc.)

Affiliate Transactions. Neither None of Holdings, the Borrower nor any or Borrower Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned Borrower Subsidiaries) on terms and conditions which are less favorable to Holdings, the Borrower or such Borrower Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 1 contract

Samples: Credit Agreement (International Assets Holding Corp)

Affiliate Transactions. Neither of the Borrower Borrowers nor any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned Subsidiaries) on terms and conditions which are less favorable to the such Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 1 contract

Samples: Credit Agreement (Chartermac)

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Affiliate Transactions. Neither the Borrower nor any Subsidiary is a party to any contracts contract or agreements agreement with any of its Affiliates (other than with Wholly-owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 1 contract

Samples: Credit Agreement (Cleveland Cliffs Inc)

Affiliate Transactions. Neither the any Borrower nor any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned Wholly Owned Subsidiaries) on terms and conditions which are less favorable to the such Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 1 contract

Samples: Credit Agreement (Reliv International Inc)

Affiliate Transactions. Neither the Borrower nor any Subsidiary is a party to any contracts or agreements transaction with any of its Affiliates (other than with Wholly-owned Subsidiaries) on terms and conditions which that are less favorable to the Borrower or such Subsidiary than would be usual and customary it could obtain in similar contracts or agreements transactions between Persons not affiliated with each other, except (a) transactions approved by the Borrower’s audit committee, (b) transactions with Subsidiaries that are consolidated with the Borrower under GAAP, and (c) transactions that individually do not exceed $100,000.

Appears in 1 contract

Samples: Credit Agreement (BGC Partners, Inc.)

Affiliate Transactions. Neither Except as set forth on Exhibit "B' hereto, neither the Borrower nor any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned Subsidiaries) on terms and conditions which that are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each one other.

Appears in 1 contract

Samples: Loan Agreement (First Advantage Corp)

Affiliate Transactions. Neither the Borrower nor any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned Subsidiariesas set forth on Schedule 5.14 hereto) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 1 contract

Samples: Senior Subordinated Credit Agreement (Quadrant 4 System Corp)

Affiliate Transactions. Neither the Borrower nor any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned SubsidiariesOwned Subsidiaries of the Parent which are Guarantors) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 1 contract

Samples: Revolving Credit Agreement (Homegold Financial Inc)

Affiliate Transactions. Neither the Borrower nor any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned SubsidiariesOwned Subsidiaries of such Borrower) on terms and conditions which are less favorable to the such Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 1 contract

Samples: Credit Agreement (Gallagher Arthur J & Co)

Affiliate Transactions. Neither the Borrower nor any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned Subsidiariesthe Borrower or a Guarantor) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 1 contract

Samples: Credit Agreement (Cynergistek, Inc)

Affiliate Transactions. Neither the Borrower nor any Borrower Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with Agora-X, LLC, Farmers Commodities Transportation Company or any Wholly-owned SubsidiariesSubsidiary of the Borrower) on terms and conditions which are less favorable to Holdings the Parent, the Borrower or such Borrower Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 1 contract

Samples: Credit Agreement (International Assets Holding Corp)

Affiliate Transactions. Neither the Borrower nor any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.to

Appears in 1 contract

Samples: Credit Agreement (Duluth Holdings Inc.)

Affiliate Transactions. Neither Except as set forth in Section 8.15, neither the Borrower nor any Subsidiary of its Subsidiaries is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 1 contract

Samples: Credit Agreement (Cobra Electronics Corp)

Affiliate Transactions. Neither the a Borrower nor any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned Wholly‑owned Subsidiaries) on terms and conditions which are less favorable to the such Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 1 contract

Samples: Credit Agreement (CTS Corp)

Affiliate Transactions. Neither Except as permitted by Section 8.15 hereof, neither the Borrower nor any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 1 contract

Samples: Credit Agreement (CalAmp Corp.)

Affiliate Transactions. Neither the Parent, the Borrower nor any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned Subsidiaries) on terms and conditions which are less favorable to the Parent, the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 1 contract

Samples: Credit Agreement (Check Technology Corp)

Affiliate Transactions. Neither the Borrower nor any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other, except for any management, consulting or similar agreements resulting in the payment of Permitted Management Fees.

Appears in 1 contract

Samples: Credit Agreement (Lincoln Educational Services Corp)

Affiliate Transactions. Neither the Borrower nor any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with Wholly-owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 1 contract

Samples: Credit Agreement (Twin Disc Inc)

Affiliate Transactions. Neither the Borrower nor any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than with any Wholly-owned SubsidiariesSubsidiary of the Borrower) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 1 contract

Samples: Credit Agreement (StoneX Group Inc.)

Affiliate Transactions. Neither the Borrower nor any Subsidiary is a party to any contracts or agreements with any of its Affiliates (other than any such contracts or agreements with Wholly-Wholly owned Subsidiaries) on terms and conditions which are less favorable to the Borrower or such Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 1 contract

Samples: Credit Agreement (Techne Corp /Mn/)

Affiliate Transactions. Neither Except in connection with any Investment permitted hereunder, neither the Borrower nor any Restricted Subsidiary is a party to any contracts contract or agreements agreement with any of its Affiliates (other than with Wholly-owned Subsidiariesany contract or agreement between the Borrower and any Domestic Subsidiary which is a Guarantor or between any Domestic Subsidiary which is a Guarantor and any other Domestic Subsidiary which is a Guarantor) on terms and conditions which are less favorable to the Borrower or such Restricted Subsidiary than would be usual and customary in similar contracts or agreements between Persons not affiliated with each other.

Appears in 1 contract

Samples: Multicurrency Credit Agreement (Cleveland Cliffs Inc)

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