Common use of Affiliate Clause in Contracts

Affiliate. With respect to any Person, any other Person controlling, controlled by or under common control with such Person, with "control" for such purpose meaning the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities or voting interests, by contract or otherwise.

Appears in 12 contracts

Samples: Asset Purchase Agreement (Knight Ridder Inc), Asset Purchase Agreement (Rocky Mountain Internet Inc), Partnership Interest Purchase Agreement (Tele Communications International Inc)

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Affiliate. With respect to any a specified Person, any other Person controlling, controlled by or under common control with such that first Person. As used in this definition, the term “control” includes (i) with "control" for such purpose meaning respect to any Person having voting shares or the possessionequivalent and elected directors, managers or Persons performing similar functions, the ownership of or power to vote, directly or indirectly, shares or the equivalent representing more than 50% of the power to direct vote in the election of directors, managers or cause the direction Persons performing similar functions, (ii) ownership of more than 50% of the management equity or equivalent interest in any Person and policies (iii) the ability to direct the business and affairs of any Person by acting as a Persongeneral partner, whether through the ownership of voting securities or voting interests, by contract manager or otherwise.

Appears in 11 contracts

Samples: Mortgage, Line of Credit Mortgage and Deed of Trust (Holly Energy Partners Lp), Mortgage and Deed of Trust (Holly Energy Partners Lp), Mortgage (Holly Energy Partners Lp)

Affiliate. With respect to any specified Person, any other Person controlling, controlling or controlled by or under common control with such specified Person. For the purposes of this definition, “control” when used with "control" for such purpose meaning the possession, directly or indirectly, of respect to any specified Person means the power to direct or cause the direction of the management and policies of a such Person, directly or indirectly, whether through the ownership of voting securities or voting interestssecurities, by contract or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoing.

Appears in 10 contracts

Samples: Transfer and Servicing Agreement (Fieldstone Mortgage Investment CORP), Transfer and Servicing Agreement (Fieldstone Mortgage Investment CORP), Trust Agreement (Structured Asset Securities CORP Mortgage Pass-Through Certificates, Series 2004-13)

Affiliate. With respect to any Person, any other Person --------- controlling, controlled by or under common control with such Person, with "control" for such purpose meaning the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities or voting interests, by contract or otherwise.

Appears in 9 contracts

Samples: Asset Purchase Agreement (Ids Jones Growth Partners 89-B LTD), Asset Exchange Agreement (Cox Communications Inc /De/), Asset Purchase Agreement (Cable Tv Fund 15-a LTD)

Affiliate. With respect As to any Person, any other Person controllingeach of the Persons that directly or indirectly, through one or more intermediaries, owns or controls, or is controlled by or under common control with with, such Person or any individual related to such Person. For the purpose of this definition, with "control" for such purpose meaning means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Personpolicies, whether through the ownership of voting securities or voting interestssecurities, by contract or otherwise.

Appears in 7 contracts

Samples: Loan Agreement (Frisby Technologies Inc), Loan Agreement (Frisby Technologies Inc), Loan Agreement (Blue Rhino Corp)

Affiliate. With respect to any Person, any other Person controlling, --------- controlled by or under common control with such Person, with "control" for such purpose meaning the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities or voting interests, by contract or otherwise.

Appears in 7 contracts

Samples: Asset Purchase Agreement (Jones Cable Income Fund 1-B LTD), Asset Purchase Agreement (Jones Cable Income Fund 1-C LTD), Asset Purchase Agreement (Jones Cable Income Fund 1-B LTD)

Affiliate. With respect to any Person, any other Person controlling, controlled by or under common control with such Person, with "control" for such purpose meaning the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities or voting interests, by contract or otherwise. For purposes of this Agreement, At Home Corporation and its subsidiaries and Liberty Media Corporation and its subsidiaries will not be treated as Affiliates of Seller.

Appears in 6 contracts

Samples: Asset Purchase Agreement (Charter Communications Inc /Mo/), Asset Purchase Agreement (Charter Communications Inc /Mo/), Asset Purchase Agreement (Mediacom Communications Corp)

Affiliate. With respect to any Personperson or entity, any other Person controllingperson or entity that directly or indirectly controls, is controlled by or is under common control with with, such Personfirst person or entity. For the purposes of this definition, “control” (including, with "control" for such purpose meaning correlative meanings, the terms “controlling,” “controlled by” and “under common control with”), as applied to any person or entity, means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Personthat person or entity, whether through the ownership of voting securities or voting interestssecurities, by contract or otherwise.

Appears in 6 contracts

Samples: Employment Agreement (NPC International Inc), Employment Agreement (NPC International Inc), Employment Agreement (NPC International Inc)

Affiliate. With respect to any PersonAny Person that directly or indirectly controls, any other Person controlling, is controlled by or under common control with such another Person, with "control" for such purpose meaning . A Person shall be deemed to control another Person if the possessioncontrolling Person possesses, directly or indirectly, of the power to direct or cause the direction of the management and or policies of a the controlled Person, whether through the ownership of voting securities or voting interestsstock, by contract or otherwise.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Trico Marine Services Inc), Revolving Credit and Term Loan Agreement (Trico Marine Services Inc), Revolving Credit Agreement (Trico Marine Services Inc)

Affiliate. With respect to any Person, any Any Person (other than a Person whose sole relationship with the Borrower is as an employee) directly or indirectly controlling, controlled by by, or under common control with such Personthe Borrower. For purposes of this definition, with "control" for such purpose meaning when used with respect to any Person means the possession, directly direct or indirectlyindirect beneficial ownership of more than twenty percent (20%) of the voting securities or voting equity or partnership interests, of such Person or the power to direct or cause the direction of the management and policies of a such Person, whether through the ownership of voting securities or voting interests, by contract or otherwise.

Appears in 3 contracts

Samples: Master Loan and Inter Creditor Agreement (Horton D R Inc /De/), Loan Agreement (Horton D R Inc /De/), Loan Agreement (Horton D R Inc /De/)

Affiliate. With respect When used with reference to any a specific Person, (a) any other director, officer, employee or general partner of such Person controllingand (b) a Person who directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with such with, the specified Person. As used herein, with "control" for such purpose meaning the possession, directly or indirectly, of shall mean the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities or voting interestssecurities, by contract or otherwise.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Beazer Homes Sales, Inc), Limited Partnership Agreement (Beazer Homes Texas Lp), Limited Partnership Agreement (Beazer Homes Texas Lp)

Affiliate. With respect to This term means any Person, any other Person directly or indirectly controlling, controlled by by, or under common control with with, the Person in question. A Person shall be deemed to control a corporation if such Person, with "control" for such purpose meaning the possessionPerson possesses, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Personsuch corporation, whether through the ownership of voting securities or voting interestssecurities, by contract contract, or otherwise.

Appears in 3 contracts

Samples: Note Purchase Agreement (Unique Fabricating, Inc.), Stock Purchase Agreement (Unique Fabricating, Inc.), Note Purchase Agreement (Deckers Outdoor Corp)

Affiliate. With respect to any specified Person, any other Person controlling, directly or indirectly controlling or controlled by or under direct or indirect common control with such specified Person. For the purposes of this definition, the term “control”, when used with respect to any specified Person, with "control" for such purpose meaning the possession, directly or indirectly, of means the power to direct or cause the direction of the management and policies of a such Person, directly or indirectly, whether through the ownership of voting securities or voting interestssecurities, by contract or otherwise, and the terms “controlling” and “controlled by” have meanings correlative to the foregoing.

Appears in 2 contracts

Samples: Lease Agreement (Ultragenyx Pharmaceutical Inc.), Lease Agreement (A123 Systems, Inc.)

Affiliate. With respect to any PersonAny Person that directly or indirectly, any other Person controllingthrough one or more intermediaries, controls, is controlled by or is under common control with such another Person. For purposes hereof, with "control" for such purpose meaning the possession, directly or indirectly, of ” means the power to vote or direct the voting of sufficient securities or cause the direction other interests to elect a majority of the directors or to control the management and policies of a another Person, whether through the ownership of voting securities or voting interests, by contract or otherwise.

Appears in 2 contracts

Samples: Retention Agreement (Rackable Systems, Inc.), Retention Bonus Agreement (Rackable Systems, Inc.)

Affiliate. With respect As to any Person, any other Person controllingwhich, directly or --------- indirectly, is in control of, is controlled by by, or is under common control with such Person. For purposes of this definition, with "control" for such purpose meaning control of a Person shall include the possessionpower, directly direct or indirectlyindirect, (a) to vote 10% or more of the securities or other interests having ordinary voting power for the election of directors or other managing Persons of such Person or (b) to direct or cause the direction of the management and policies of a Person, such Person whether through the ownership of voting securities or voting interests, by contract or otherwise.

Appears in 2 contracts

Samples: Loan Agreement (Omnipoint Corp \De\), Loan Agreement (Omnipoint Corp \De\)

Affiliate. With When used with respect to any a Person, means any other Person controllingthat directly or indirectly controls, is controlled by or is under common control with such first Person, with "where control" for such purpose meaning , and its derivatives, means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, Person (whether through the majority ownership of voting securities or voting partnership or other ownership interests, by contract or otherwise, including, without limitation, through the ownership of the general partner of any partnership).

Appears in 2 contracts

Samples: Natural Gas Liquids Transportation, Fractionation and Marketing Agreement (Markwest Energy Partners L P), Natural Gas Liquids Transportation, Fractionation and Marketing Agreement (Markwest Energy Partners L P)

Affiliate. With respect to any Person, any other Person --------- controlling, controlled by or under common control with such Person, with "control" for such purpose meaning the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities or voting interests, by contract contract, or otherwise.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Travis Boats & Motors Inc), Asset Purchase Agreement (Travis Boats & Motors Inc)

Affiliate. With with respect to any Person, any other another Person controllingthat directly, controlled or indirectly through one or more intermediaries, Controls or is Controlled by or is under common control Control with such Person, with "control" for such purpose meaning the Person specified. “Control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and or policies of a Person, whether through the ownership of ability to exercise voting securities or voting interestspower, by contract or otherwise. “Controlling” and “Controlled” have correlative meanings.

Appears in 1 contract

Samples: Loan and Security Agreement (Callaway Golf Co)

Affiliate. With respect as to any Person, any other Person controlling(i) which directly or indirectly controls, is controlled by by, or is under common control with such Person, with "control" for (ii) which beneficially owns or holds 5% or more of any class of the voting or other equity interests of such purpose meaning the possessionPerson, or (iii) 5% or more of any class of voting interests or other equity interests of which is beneficially owned or held, directly or indirectly, of the power to direct or cause the direction of the management and policies of a by such Person, whether through the ownership of voting securities or voting interests, by contract or otherwise.

Appears in 1 contract

Samples: Credit Agreement (Breeze-Eastern Corp)

Affiliate. With respect to any Person, any other Person controlling, controlled by or under common control with such Person, with "controlControl" for such purpose meaning the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities or voting interests, by contract or otherwise.

Appears in 1 contract

Samples: Asset Purchase Agreement (Cencom Cable Income Partners Ii L P)

Affiliate. With respect to of any Personspecified person, any other Person controlling, controlled by or under common control with such Person, with "control" for such purpose meaning the possessionperson which, directly or indirectly, is in control of, is controlled by, or is under common control with, such specified person (control of a person means the power power, direct or indirect, to direct or cause the direction of the management and policies of a Person, such person whether through the ownership of voting securities or voting interests, by contract or otherwise.; and the terms “controlling” and “controlled” have meanings correlative to the foregoing);

Appears in 1 contract

Samples: Merger Agreement (Frank's International N.V.)

Affiliate. With respect to any Person, any Any Person (other than a Person whose sole relationship with the Borrower is as an employee) directly or indirectly controlling, controlled by by, or under common control with such Personthe Borrower. For purposes of this definition, with "control" for when used with respect to any Person means the direct or indirect beneficial ownership of more than twenty percent (20%) of the voting securities or voting equity or partnership interests of such purpose meaning the possession, directly Person or indirectly, of the power to direct or cause the direction of the management and policies of a such Person, whether through the ownership of voting securities or voting interests, by contract control or otherwise.

Appears in 1 contract

Samples: Revolving Credit Agreement (Horton D R Inc /De/)

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Affiliate. With with respect to any Person, any other Person controllingwhich, directly or indirectly, controls, is controlled by, or is under common control with, such Person where control (including with correlative meaning, controlled by or and under common control with) as used with such respect to any Person, with "control" for such purpose meaning means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a such Person, whether through the ownership of voting securities securities, or voting interests, by contract or otherwisewritten contract.

Appears in 1 contract

Samples: Stock Purchase Agreement (Patni Computer Systems LTD)

Affiliate. With respect to any Person, any other Person controllingPerson, controlled by directly or indirectly, through one or more intermediaries, Controlled by, or under common control Control with such that first Person. As used in this definition, with "control" for such purpose meaning “Control” and its derivatives means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, Person whether through the ownership of voting securities or voting interestssecurities, by contract contract, or otherwise.

Appears in 1 contract

Samples: Saas Agreement

Affiliate. With respect As to any Person, any other Person controllingdirectly or --------- indirectly through one or more intermediaries Controlling, controlled by Controlled by, or under direct or indirect common control Control with such Person. A Person shall be deemed to Control another Person if the Controlling Person owns twenty percent (20%) or more of any class of voting securities, with "control" for such purpose meaning partnership interests or other equity interests of the possessionControlled Person or possesses, directly indirectly or indirectlydirectly, of the power to direct or cause the direction of the management and or policies of a the Controlled Person, whether through the ownership of voting securities or voting interestssecurities, by contract or otherwise.

Appears in 1 contract

Samples: Credit Agreement (Lsi Industries Inc)

Affiliate. With respect to any Person, any other Person controlling, controlled by or under common control with such Person, with ; "control" for such purpose meaning means the possessionownership, directly or indirectly, of voting securities representing the power right generally to direct or cause the direction elect a majority of the management and policies of a Person, whether through the ownership of voting securities directors (or voting interests, by contract or otherwise.similar officials) of

Appears in 1 contract

Samples: Asset Exchange Agreement (Insight Communications Co Inc)

Affiliate. With respect to any Person, any other another Person controllingthat is controlled by, controlled by that controls, or is under common control with with, such Person; and, for this purpose, “control” with "respect to any Person shall mean the ability to effectively control" for such purpose meaning the possession, directly or indirectly, the operations and business decisions of the power to direct or cause the direction such Person whether by voting of the management and policies of a Person, whether through the ownership of voting securities or voting interestspartnership interests or any other method; provided, by contract or otherwisehowever, that with respect to Owner, the term Affiliate shall be limited to MidAmerican Energy Holdings Company and its subsidiaries.

Appears in 1 contract

Samples: Epc Agreement

Affiliate. With respect to any Person, any other A Person which is controlling, controlled by by, or under common control with such with, Landlord or Tenant, or another Person, with "as the case may be. As used herein, “control" for such purpose meaning ” shall mean the possession, directly direct or indirectlyindirect, of the power to direct or cause the direction of the management and policies of a Personperson or entity, whether through the ownership of voting securities or voting interestsrights, by contract contract, or otherwise.

Appears in 1 contract

Samples: Lease Agreement

Affiliate. With respect to any Person, means any other Person controlling, controlled by or under common control with such Person, with "control" for such purpose meaning the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities or voting interests, by contract or otherwise. (see Exhibit A for Pxxx D.X. XxXxxxx’x Disclosures.)

Appears in 1 contract

Samples: Asset Purchase Agreement (B2Digital, Inc.)

Affiliate. With respect to any Person, any other Any Person directly or indirectly controlling, controlled by or under direct or indirect common control with such any other Person, with "control" for such purpose meaning . A Person shall be deemed to control another Person if the possessioncontrolling Person owns ten percent (10%) or more of any class of voting securities of the controlled Person or possesses, directly or indirectly, of the power to direct or cause the direction of the management and or policies of a the controlled Person, whether through the ownership of voting securities or voting interestsstock, by contract or otherwise.

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Humphrey Hospitality Trust Inc)

Affiliate. With respect to any Person, any Any Person (other than a Person whose sole --------- relationship with the Borrower is as an employee) directly or indirectly controlling, controlled by by, or under common control with such Personthe Borrower. For purposes of this definition, with "control" for such purpose meaning when used with respect to any Person means the possession, directly direct or indirectlyindirect beneficial ownership of more than twenty percent (20%) of the voting securities or voting equity or partnership interests, of such Person or the power to direct or cause the direction of the management and policies of a such Person, whether through the ownership of voting securities or voting interests, by contract control or otherwise.

Appears in 1 contract

Samples: Master Loan and Inter Creditor Agreement (Horton D R Inc /De/)

Affiliate. With respect to any Person, means any other Person controlling, controlled by or under common control with such Person, with "control" for such purpose meaning the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities or voting interests, by contract or otherwise.

Appears in 1 contract

Samples: Asset Purchase Agreement (Corridor Communications Corp)

Affiliate. With respect to any PersonA Person that directly or indirectly, any other Person controllingthrough one or more intermediaries, controls, is controlled by by, or is under common control with such Personthe Person in question. For purposes of this definition, with "the term “control" for such purpose meaning the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through ” means the ownership of 50% or more of the beneficial interest or the voting securities or voting interests, by contract or otherwisepower of the controlled Person.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Affiliate. With respect As to any Personthe Person specified, any other Person person controlling, controlled by or under common control with such Person, with "control" for such purpose the concept of control meaning the possession, directly or indirectly, of the power to direct a beneficial or cause the direction of the management and policies of a Person, whether through the economic ownership of voting securities or voting interests, by contract or otherwiseat least 50 percent of another.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Western Gas Partners LP)

Affiliate. With respect to any Person, any other Person --------- controlling, controlled by or under common control with such Person, with ; "control" for such purpose meaning means the possessionownership, directly or indirectly, of voting securities representing the power right generally to elect a majority of the directors (or similar officials) of a Person or the possession, by contract or otherwise, of the authority to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities or voting interests, by contract or otherwise.

Appears in 1 contract

Samples: Asset Exchange Agreement (Jones Intercable Inc)

Affiliate. With respect to any a specified Person, any other Person controllingthat directly or indirectly through one or more intermediaries controls, or is controlled by or under common control with such specified Person. For the purposes of this definition, “control”, when used with respect to any specified Person, with "control" for such purpose meaning the possession, directly or indirectly, of means the power to direct or cause the direction of the management and policies of a such Person, directly or indirectly, whether through the ownership of voting securities or voting interestssecurities, by contract or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoing.

Appears in 1 contract

Samples: Indenture (CAI International, Inc.)

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