Common use of Affiliate Clause in Contracts

Affiliate. An “Affiliate” of, or Person “Affiliated” with, a specified Person shall mean a Person that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, the Person specified.

Appears in 26 contracts

Samples: Management Unit Subscription Agreement, Management Unit Subscription Agreement, Management Unit Subscription Agreement (Nevada Property 1 LLC)

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Affiliate. An “The term "Affiliate” of, " with respect to any person or Person “Affiliated” with, a specified Person entity shall mean a Person person or entity that directly, directly or indirectly through one or more intermediaries, controls controls, or is controlled by, by or is under common control with, the Person specifiedsuch person or entity.

Appears in 19 contracts

Samples: Agreement and Plan of Reorganization (Vision Twenty One Inc), Agreement and Plan of Reorganization (Vision Twenty One Inc), Optical Asset Purchase Agreement (Vision Twenty One Inc)

Affiliate. An “Affiliate” of, or Person “Affiliated” with, a specified of any Person shall mean a another Person that directlydirectly or indirectly, or indirectly through one or more intermediaries, controls or controls, is controlled by, or is under common control with, the Person specifiedsuch first Person.

Appears in 15 contracts

Samples: Merger Agreement (Silicon Graphics International Corp), Merger Agreement (Intel Corp), Merger Agreement (Altera Corp)

Affiliate. An “Affiliate” of, or Person “Affiliated” with, a specified Person (and variants thereof) shall mean a Person that directlycontrols, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, the Person specifiedanother specified Person, either directly or indirectly.

Appears in 10 contracts

Samples: Change of Control Agreement (Lumen Technologies, Inc.), Change of Control Agreement (Lumen Technologies, Inc.), Change of Control Agreement (Centurylink, Inc)

Affiliate. An “Affiliate” of, or Person “Affiliated” with, a specified Person shall mean a Person that directly, or indirectly through one or more intermediaries, controls controls, or is controlled by, or is under common control with, the Person specified.

Appears in 10 contracts

Samples: Employment Agreement (DENTSPLY SIRONA Inc.), Employment Agreement (DENTSPLY SIRONA Inc.), Employment Agreement (DENTSPLY SIRONA Inc.)

Affiliate. An “Affiliate” of, or Person “Affiliated” with, a specified Person shall mean of a Person means any other Person that directlydirectly or indirectly, or indirectly through one or more intermediaries, controls or controls, is controlled by, or is under common control with, the Person specifiedwith such Person.

Appears in 8 contracts

Samples: Share Exchange Agreement (Raybor Management Inc), Share Exchange Agreement (Raybor Management Inc), Share Exchange Agreement (Raybor Management Inc)

Affiliate. An “Affiliate” ofWhen used with respect to a person, or Person “Affiliated” withan "affiliate" of that person is a person controlling, a specified Person shall mean a Person that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, the Person specifiedwith that person.

Appears in 7 contracts

Samples: Share Exchange Agreement (House of BODS Fitness, Inc.), Share Exchange Agreement (House of BODS Fitness, Inc.), Share Exchange Agreement (New Pacific Ventures Inc)

Affiliate. An “Affiliate” ofwith respect to any person or entity, means a person or Person “Affiliated” with, a specified Person shall mean a Person entity that directly, directly or indirectly through one or more intermediariesintermediaries controls, controls or is controlled by, or is under common control with, the Person specifiedsuch person or entity.

Appears in 7 contracts

Samples: Employment Agreement (Kratos Defense & Security Solutions, Inc.), Employment Agreement (Kratos Defense & Security Solutions, Inc.), Employment Agreement (Kratos Defense & Security Solutions, Inc.)

Affiliate. An “Affiliate” of, or Person “Affiliated” with, a specified Person Affiliate of any person shall mean a Person any person that directly, or indirectly through one or more intermediaries, controls controls, or is controlled by, by or is under common control withwith the -person specified or over which the person specified has direct or indirect investment control; provided, however, the Person specifiedterm “Affiliate” with respect to the Manager and the Service Company shall not include any investment held by the Company.

Appears in 7 contracts

Samples: Operating Agreement, Operating Agreement, Operating Agreement

Affiliate. An “Affiliate” ofmeans, or Person “Affiliated” withwith respect to an indicated person, a specified Person shall mean a Person that directlyany other person which controls, or indirectly through one or more intermediaries, controls or is controlled by, by or is under common control with, the Person specifiedwith such indicated person.

Appears in 6 contracts

Samples: Agreement of Purchase and Sale of Real Property, Purchase and Sale Agreement (Ashford Hospitality Prime, Inc.), Agreement of Purchase and Sale (Chesapeake Lodging Trust)

Affiliate. An “Affiliate” of, or Person “Affiliated” with, a specified Person shall mean a Person that directlydirectly or indirectly, or indirectly through one or more intermediaries, controls or controls, is controlled by, or is under common control with, the Person specifiedfirst Person.

Appears in 6 contracts

Samples: Merger Agreement (EMAV Holdings, Inc.), Stock Purchase Agreement (Oxford Media, Inc.), Agreement and Plan of Reorganization (Oxford Media, Inc.)

Affiliate. An “Affiliate” of, or Person “Affiliated” with, of a specified Person shall mean a Person that directly, directly or indirectly through one or more intermediariesintermediaries controls, controls or is controlled by, or is under common control with, the Person specifiedfirst Person.

Appears in 5 contracts

Samples: Exchange Agreement (Wellness Center USA, Inc.), Exchange Agreement (Wellness Center USA, Inc.), Exchange Agreement (Wellness Center USA, Inc.)

Affiliate. An The term “Affiliate” of, or Person “Affiliated” with, a of any specified Person shall mean a any other Person that directly, directly or indirectly through one controlling, controlled by or more intermediaries, controls under direct or is controlled by, or is under indirect common control with, the Person specifiedsuch specified Person.

Appears in 5 contracts

Samples: Warrant Agreement (Masonite International Corp), Warrant Agreement (Masonite International Corp), First Supplemental Trust Agreement (Masonite International Corp)

Affiliate. An “Affiliate” of, or Person “Affiliated” with, of a specified Person shall mean a Person that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, the Person specified. For this purpose, “control,” shall mean the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract or otherwise.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Perion Network Ltd.), Share Purchase Agreement (Partner Communications Co LTD), Share Purchase Agreement (Ampal-American Israel Corp)

Affiliate. An When used with respect to a person, an Affiliateaffiliateofof that person is a person Controlling, or Person “Affiliated” with, a specified Person shall mean a Person that directly, or indirectly through one or more intermediaries, controls or is controlled Controlled by, or is under common control with, the Person specifiedwith that person.

Appears in 4 contracts

Samples: Purchase and Sale Agreement (Musician's Exchange), Purchase and Sale Agreement (Musician's Exchange), Purchase and Sale Agreement (Musician's Exchange)

Affiliate. An As used herein, the term “Affiliate” of, or Person “Affiliated” with, a specified Person shall mean a and include any Person that directly, or indirectly through one or more intermediaries, controls or is controlled by, by or is under common control with, the Person specifieda Member; or any person in which such Member has a direct, or indirect through one or more intermediaries, controlling interest as a partner, member, manager, principal, shareholder, beneficiary or otherwise as an owner.

Appears in 4 contracts

Samples: Operating Agreement (Inland Real Estate Corp), Operating Agreement (Inland Real Estate Corp), Operating Agreement (Inland Real Estate Corp)

Affiliate. An “Affiliate” of, or Person “Affiliated” with, of a specified Person shall mean a Person that directly, person is: 1.4.1 Any person directly or indirectly through one or more intermediariescontrolling, controls or is controlled by, or is under common control withwith the person; 1.4.2 Any officer, director, partner, general trustee, or person acting in a substantially similar capacity for the Person specifiedperson; and 1.4.3 Any person who is an officer, director, general partner, trustee, or holder of 10% or more of the voting securities or beneficial interests of any of the foregoing.

Appears in 4 contracts

Samples: Limited Partnership Agreement (Investment Grade R.E. Income Fund, L.P.), Limited Partnership Agreement (Investment Grade R.E. Income Fund, L.P.), Limited Partnership Agreement (Investment Grade R.E. Income Fund, L.P.)

Affiliate. An “Affiliate” ofwith respect to any person or entity, or Person “Affiliated” with, a specified Person shall mean a Person person or entity that directly, directly or indirectly through one or more intermediariesintermediaries controls, controls or is controlled by, or is under common control with, the Person specifiedsuch person or entity.

Appears in 4 contracts

Samples: Employment Agreement (ECO Building Products, Inc.), Employment Agreement (ECO Building Products, Inc.), Employment Agreement (Ecoblu Products, Inc.)

Affiliate. An “Affiliate” of, or Person “Affiliated” with, a specified Person Affiliate of any person shall mean a Person any person that directly, or indirectly through one or more intermediaries, controls controls, or is controlled by, by or is under common control withwith the -person specified or over which the person specified has direct or indirect investment control; provided, however, the Person specifiedterm “Affiliate” with respect to the Manager and the Service Company shall not include any investment held by the Company.

Appears in 4 contracts

Samples: Operating Agreement, Operating Agreement, Operating Agreement

Affiliate. An “For purposes of this Agreement, an "Affiliate” of, " of a person or Person “Affiliated” with, a specified Person other entity shall mean a Person person or other entity that directly, directly or indirectly through one or more intermediariescontrols, controls or is controlled by, or is under common control with, the Person person or entity specified.

Appears in 3 contracts

Samples: Employment Agreement (Pxre Group LTD), Employment Agreement (Pxre Group LTD), Employment Agreement (Pxre Group LTD)

Affiliate. An “Affiliate” of, or Person “Affiliated” with, a specified Person The term "affiliate" of any person shall mean a Person that directlyany person that, directly or indirectly through one or more intermediariesindirectly, controls or controls, is controlled by, or is under common control with, the Person specifiedperson of which it is an affiliate.

Appears in 3 contracts

Samples: Stock Option Agreement (Yankee Candle Co Inc), Stock Option Agreement (Community Health Systems Inc/), Stock Option Agreement (Community Health Systems Inc/)

Affiliate. An "Affiliate” of" of a Person, or Person “Affiliated” with, a specified Person shall mean a means any other Person that directly, directly or indirectly through one or more intermediariesintermediaries Controls, controls or is controlled by, by or is under common control withwith such Person. When used in this Agreement with respect to IBC, the Person specifiedterm applies only to other Persons that are Affiliates, as so defined, as of the date of this Agreement.

Appears in 3 contracts

Samples: Shareholder Agreement (Ralston Purina Co), Shareholder Agreement (Interstate Bakeries Corp/De/), Shareholder Agreement (Interstate Bakeries Corp/De/)

Affiliate. An “Affiliate” of, or Person “Affiliated” with, when used with reference to a specified Person Person, shall mean a (a) the natural person in ultimate control of such Person; and (b) any Person that directly, directly or indirectly through one controlling, controlled by or more intermediaries, controls or is controlled by, or is under common control with, the Person specifiedwith such Person.

Appears in 3 contracts

Samples: Private Label Supply Agreement, Private Label Supply Agreement (Nutracea), Private Label Supply Agreement (Nutracea)

Affiliate. An “Affiliate” of, or Person “Affiliated” with, With respect to a specified Person shall mean Person, a Person that directly, or indirectly through one (1) or more intermediaries, controls or is controlled by, or is under common control with, the Person specified.

Appears in 3 contracts

Samples: Operating Agreement (NGA Holdco, LLC), Limited Liability Company Agreement (Plainfield Enterprises LLC), Operating Agreement (NGA Holdco, LLC)

Affiliate. An “Affiliate” "affiliate" of, or Person “Affiliated” a Person, "affiliated" with, a specified Person shall mean Person, is (a) a Person that directly, or indirectly through one or more intermediaries, controls controls, or is controlled by, or is under common control with, the specified Person, (b) a Person specifiedowning or controlling ten percent or more of the outstanding voting securities of such specified Person, (c) any officer, director, partner or general trustee of such specified Person and (d) if such other Person is an officer, director or partner, any company for which such Person acts in any such capacity.

Appears in 2 contracts

Samples: Limited Liability Company Operating Agreement (Charter Equipment Lease 1998-1 LLC), Limited Liability Company Operating Agreement (Charter Equipment Lease 1998-1 LLC)

Affiliate. An “Affiliate” of, or Person “Affiliated” with, "affiliate" of a specified Person shall mean person is a Person person that directly, or indirectly through one or of more intermediaries, controls or is controlled by, or is under common control with, or owns, directly or indirectly, 50% or more of, the Person person specified.

Appears in 2 contracts

Samples: Limited Liability Company Operating Agreement (Advanta Bank Corp), Limited Liability Company Operating Agreement (Advanta Bank Corp)

Affiliate. An The term “Affiliate” ofof any particular Person means any other Person Controlling, Controlled by or Person “Affiliated” with, a specified Person shall mean a Person that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control withControl with such particular Person or, in the Person specifiedcase of a natural Person, any other member of such Person’s Family Group.

Appears in 2 contracts

Samples: Management Unit Subscription Agreement (Transport Corporation of America Inc), Management Unit Subscription Agreement (Transport Corporation of America Inc)

Affiliate. An For purposes of this Agreement, an “Affiliate” of, of a person or Person “Affiliated” with, a specified Person other entity shall mean a Person person or other entity that directly, directly or indirectly through one or more intermediariescontrols, controls or is controlled by, or is under common control with, the Person person or entity specified.

Appears in 2 contracts

Samples: Employment Agreement (Pxre Group LTD), Employment Agreement (Pxre Group LTD)

Affiliate. An “Affiliate” of, or Person “Affiliated” with, of a specified Person shall mean a Person that directlyperson is another person that, directly or indirectly through one or more intermediaries, controls or controls, is controlled by, or is under common control with, the Person person specified.

Appears in 2 contracts

Samples: Severance Agreement (Mack Cali Realty L P), Severance Agreement (Mack Cali Realty L P)

Affiliate. An “Affiliate” of, or Person “Affiliated” with, When used with respect to a specified Person, (i) any Person shall mean a Person that directlythat, directly or indirectly indirectly, through one or more intermediaries, controls controls, or is controlled by, or is under common control with, the specified Person specified.or any of its members, partners, shareholders, officers, directors or trustees, (ii) any

Appears in 2 contracts

Samples: Operating Agreement (Epl Technologies Inc), Operating Agreement (Epl Technologies Inc)

Affiliate. An "Affiliate” of, or Person “Affiliated” with, " of a specified Person shall mean (a) a Person that directly, directly or indirectly through one controlling, controlled by or more intermediaries, controls or is controlled by, or is under common control withwith such Person; (b) a Person owning or controlling ten percent (10%) or more of the outstanding voting securities of such Person; or (c) an officer, director, or partner of such Person. When the Affiliate is an officer, director, or partner of such Person, any other Person specifiedfor which the Affiliate acts in that capacity shall also be considered an Affiliate.

Appears in 2 contracts

Samples: Stockholder Agreement (Scheid Vineyards Inc), Shareholder Agreement (Scheid Vineyards Inc)

Affiliate. An “Affiliate” ofmeans, or Person “Affiliated” with, as to a specified Person shall mean Person, a Person that directly, or indirectly through one or more intermediaries, controls or controls, is controlled by, by or is under common control with, with the Person specified.

Appears in 2 contracts

Samples: Contribution Agreement (CastleRock Security Holdings, Inc.), Right of First Refusal Agreement (CastleRock Security Holdings, Inc.)

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Affiliate. An “Affiliate” of, or Person (collectively Affiliated” with, a Affiliates”) of any specified Person shall mean a refer to any Person that directly, directly or indirectly through one controlling or more intermediaries, controls controlled by or is controlled by, under direct or is under indirect common control with, the Person specifiedwith such specified Person.

Appears in 1 contract

Samples: Master Agreement (DreamWorks Animation SKG, Inc.)

Affiliate. An “Affiliate” of, or Person “Affiliated” with, a specified Person shall mean a Person that directly, or indirectly through one or more intermediariesintermediaries or contractual counterparties, controls or is controlled by, or is under common control with, the Person specified.

Appears in 1 contract

Samples: Management Unit Subscription Agreement (Apria Healthcare Group Inc)

Affiliate. An “The term "Affiliate” of, or Person “Affiliated” with, " of a specified Person person shall mean a Person person, that directly, or indirectly through one or more intermediaries, controls controls, or is controlled by, or is under common control with, the Person person specified.

Appears in 1 contract

Samples: Deposit Agreement (Bank of New York / Adr Division)

Affiliate. An “Affiliate” of, or of a particular Person “Affiliated” with, a specified means another Person shall mean a Person that directly, or indirectly through one or more intermediaries, controls or is controlled by, controlling, or is under common control with, the Person specifiedsuch Person; provided that with respect to Purchaser, “Affiliate” shall include only those entities directly or indirectly controlled by Purchaser.

Appears in 1 contract

Samples: Asset Purchase Agreement (U S Wireless Data Inc)

Affiliate. An The term “Affiliate” ofof a Person means any Person directly or indirectly Controlling or Controlled by or under direct or indirect common Control with such Person, or Person “Affiliated” witha director, a specified Person shall mean a Person that directlyofficer, partner, joint venturer or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, the Person specifiedmember of such Person.

Appears in 1 contract

Samples: Agreement to Assume Liabilities and to Acquire Assets of Branch Banking Offices (First Pactrust Bancorp Inc)

Affiliate. An “Affiliate” of, or Person “Affiliated” with, a specified Person of any person shall mean a Person (a) any person that directly, or indirectly through one or more intermediaries, controls controls, or is controlled by, by or is under common control with, with the Person specifiedperson specified or (b) such person’s family members within the same line of direct consanguinity or a first degree of collateral consanguinity.

Appears in 1 contract

Samples: Limited Partnership Agreement

Affiliate. An “Affiliate” of, or Person “Affiliated” with, a person affiliated with a specified Person shall mean person means a Person person that directly, directly or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, the Person person specified.

Appears in 1 contract

Samples: Transaction Agreement (TAL International Group, Inc.)

Affiliate. An “Affiliate” of, or of a Person “Affiliated” with, a specified Person shall mean means a Person that directly, directly or indirectly through one or more intermediaries, controls or Controls, is controlled Controlled by, or is under common control Control with, the Person specifiedfirst Person.

Appears in 1 contract

Samples: Employment Agreement (White River Capital Inc)

Affiliate. An “Affiliate” affiliate of, or Person “Affiliated” person affiliated with, a specified Person shall mean person means a Person person that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common ownership with the person specified. In the case of governmental entities, Affiliates include local or regional entitles under the supervision or control with, of the Person specifiedcontracting party.

Appears in 1 contract

Samples: Equipment and Services Sales Agreement

Affiliate. An “Affiliateaffiliateof, or Person “Affiliated” with, of a specified Person shall mean person is a Person that directlyperson that, directly or indirectly through one or more intermediaries, controls controls, or is controlled by, or is under common control with, the Person person specified.

Appears in 1 contract

Samples: Securities Purchase Agreement (Electric City Corp)

Affiliate. An “Affiliate” of, or Person “Affiliated” with, of a specified Person shall mean a any Person that directly, or indirectly through one or more intermediaries, controls controls, or is controlled by, or is under common control with, the Person specifiedsuch Person.

Appears in 1 contract

Samples: Put/Call Agreement (Planetout Inc)

Affiliate. An “Affiliate” of, or Person “Affiliated” with, a specified Person shall mean a Person that directly, or indirectly through though one or more intermediaries, controls or is controlled by, or is under common control with, the Person specified.

Appears in 1 contract

Samples: Management Unit Subscription Agreement (Pinnacle Foods Finance LLC)

Affiliate. An “The term "Affiliate” of" of a person shall mean, or Person “Affiliated” withwith respect to that person, a specified Person shall mean a Person that person who directly, or indirectly through one or more intermediaries, controls controls, or is controlled by, or is under common control with, or is acting as agent on behalf of, or as an officer or director of that person. As used in the Person specified.definition of Affiliate, the term "control" (including the

Appears in 1 contract

Samples: Purchase and Sale Agreement (Kingdom Ventures Inc)

Affiliate. An “Affiliate” "affiliate" of, or Person “Affiliated” person "affiliated" with, a specified Person person shall mean a Person person that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, the Person person specified.

Appears in 1 contract

Samples: Subscription Agreement (Mogul Energy International, Inc.)

Affiliate. An "Affiliate” of, or Person “Affiliated” with, " of a specified Person shall mean a Person that directly, directly or indirectly through one controlling, controlled by or more intermediaries, controls or is controlled by, or is under common control with, the Person specifiedControl with such Person.

Appears in 1 contract

Samples: Stockholders Agreement (Startek Inc)

Affiliate. An “Affiliate” affiliate of, or Person “Affiliated” person affiliated with, a specified Person person shall mean a Person person that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, the Person person specified.

Appears in 1 contract

Samples: Agreement of Merger and Plan of Reorganization (Accentia Biopharmaceuticals Inc)

Affiliate. An “Affiliate” of, or Person “Affiliated” with, means with respect to a specified Person shall mean a Person: (a) any Person that directly, directly or indirectly through one or more intermediariesintermediaries controls, controls alone or through an affiliated group, is controlled by, or is under common control with, the Person specified.such specified Person,

Appears in 1 contract

Samples: Limited Partnership Agreement

Affiliate. An “Affiliate” of, A Person or Person “Affiliated” with, a specified Person shall mean a Person Persons that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, the Person specified.

Appears in 1 contract

Samples: Stock Purchase Agreement (Venture Equities Management Inc)

Affiliate. An “Affiliate” Affiliate of, or Person “Affiliated” with, person Affiliated with a specified Person person, as used in this Agreement, shall mean a Person person that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, the Person person specified.

Appears in 1 contract

Samples: Employment Agreement (Sangui Biotech International Inc)

Affiliate. An “Affiliate” of, or Person “Affiliated” with, " of a specified Person shall mean a means any other Person that directlywhich, directly or indirectly indirectly, through one or more intermediaries, controls or controls, is controlled by, or is under common control with, the Person specifiedwith such specified Person.

Appears in 1 contract

Samples: Asset Purchase Agreement (Tultex Corp)

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