Affiliate. Affiliate of any person or entity means any stockholder or person or entity controlling, controlled by or under common control with such person or entity, or any director, officer or key executive of such entity or any of their respective relatives. For purposes of this definition, “control,” when used with respect to any person or entity, means the power to direct the management and policies of such person or entity, directly or indirectly, whether through ownership of voting securities, by contracting or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 20 contracts
Samples: Employment Agreement (Pacific Premier Bancorp Inc), Employment Agreement (Pacific Premier Bancorp Inc), Employment Agreement (Pacific Premier Bancorp Inc)
Affiliate. Affiliate of Affiliate" means, with respect to a specified Person, any person Person directly or entity means any stockholder or person or entity indirectly controlling, controlled by by, or under common control with such person the specified Person, including without limitation their stockholders and any Affiliates thereof. A Person shall be deemed to control a corporation or entity, or any director, officer or key executive of such other entity or any of their respective relatives. For purposes of this definition, “control,” when used with respect to any person or entity, means if the power to direct the management and policies of such person or entityPerson possesses, directly or indirectly, the power to direct or cause the direction of the management and business of the corporation or other entity, whether through the ownership of voting securities, by contracting contract, or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 17 contracts
Samples: Loan and Security Agreement (Medical Asset Management Inc), Loan and Security Agreement (Numed Home Health Care Inc), Loan and Security Agreement (Drkoop Com Inc)
Affiliate. Affiliate of an entity shall mean any person or entity means any stockholder or person or other entity controlling, controlled by by, or under common control with such person or entity, or any director, officer or key executive of such entity or any of their respective relatives. For purposes of this definition, where “control,” when used with respect to any person or entity, means the power right to direct elect a majority of the management and policies board of directors or other body controlling such person or entity, directly or indirectly, whether through ownership of voting securities, by contracting or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 13 contracts
Samples: Limited Liability Company Agreement (Conversent Communications of New Jersey, LLC), Limited Liability Company Agreement (Conversent Communications of New Jersey, LLC), Limited Liability Company Agreement (Conversent Communications of New Jersey, LLC)
Affiliate. Affiliate of any person or entity means any stockholder or person or entity controlling, controlled by or under common control with such person or entity, or any director, officer or key executive of such entity or any of their respective relatives. For purposes of this definition, “control,” when used with respect to any person or entity, means the power to direct the management and policies of such person or entity, directly or indirectly, whether through ownership of voting securities, by contracting or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 7 contracts
Samples: Employment Agreement (ASAlliances Biofuels, LLC), Employment Agreement (Mortgageit Holdings Inc), Employment Agreement (MortgageIT Holdings, Inc.)
Affiliate. Affiliate of Affiliate" shall mean, with respect to any person Person, (i) any --------- individual or entity means directly or indirectly owned or controlled by such Person, (ii) any stockholder or person individual or entity controlling, directly or indirectly owning or controlling such Person or (iii) any individual or entity directly or indirectly owned or controlled by the same family member, individual or under common control with entity as owns or controls such person or entity, or any director, officer or key executive of such entity or any of their respective relativesPerson. For purposes of this definitionAgreement, “control,” when used with respect to any person or entity, means neither Dental Group nor Manager shall be deemed an Affiliate of the power to direct the management and policies of such person or entity, directly or indirectly, whether through ownership of voting securities, by contracting or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoingother.
Appears in 4 contracts
Samples: Dental Group Management Agreement (Gentle Dental Service Corp), Dental Group Management Agreement (Gentle Dental Service Corp), Dental Group Management Agreement (Gentle Dental Service Corp)
Affiliate. Affiliate of any person or entity means any stockholder or person or entity controllingAffiliate" means, controlled by or under common control with such person or entity, or any director, officer or key executive of such entity or any of their respective relatives. For purposes of this definition, “control,” when used with respect to any person or entityspecified Person, means any entity that Controls, is Controlled by, or is under common Control with such Person. For this purpose, "Control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such person or entity, directly or indirectly, whether through ownership of voting securitiessecurities or other interests, by contracting control, or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 4 contracts
Samples: Employee Matters Agreement (Lsi Logic Storage Systems Inc), Employee Matters Agreement (Coach Inc), Employee Matters Agreement (Mercfuel Inc)
Affiliate. Affiliate Affiliate" means, when used with reference to a specified Person, (i) the Principal of the Person, (ii) any person Person directly or entity means any stockholder or person or entity indirectly controlling, controlled by or under common control with such person Person, (iii) any Person owning or entity, controlling 10% or any director, officer or key executive more of the outstanding voting interests of such entity Person, and (iv) any relative or any of their respective relatives. For purposes of this definition, “control,” when used with respect to any person or entity, means the power to direct the management and policies spouse of such person or entity, directly or indirectly, whether through ownership of voting securities, by contracting or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoingPerson.
Appears in 3 contracts
Samples: Operating Agreement (Kennedy Wilson Inc), Operating Agreement (Tsecrp Inc), Operating Agreement (G&l Realty Corp)
Affiliate. Affiliate of any person or entity means any stockholder or person or entity controlling, controlled by or under common control with such person or entity, or any director, officer or key executive of such entity or any of their respective relativesrelative. For purposes of this definition, “"control,” ", when used with respect to any person or entity, means the power to direct the management and policies of such person or entity, directly or indirectly, whether through ownership of voting securities, by contracting or otherwise; and the terms “"controlling” " and “"controlled” " have meanings that correspond to the foregoing.
Appears in 3 contracts
Samples: Employment Agreement (First Community Bancshares Inc /Nv/), Merger Agreement (PCB Bancorp Inc), Merger Agreement (First Community Bancshares Inc /Nv/)
Affiliate. Affiliate of Affiliate" shall mean (i) any person Person directly or entity means any stockholder or person or entity indirectly controlling, controlled by or under common control with another Person, (ii) any Person owning or controlling 10% or more of the outstanding voting securities or beneficial interests of such person other Person, (iii) any executive officer, director, trustee or general partner of such Person and (iv) if such other Person is an executive officer, director, trustee or partner of another entity, or then the entity for which that Person acts in any director, officer or key executive of such entity or any of their respective relatives. For purposes of this definition, “control,” when used with respect to any person or entity, means the power to direct the management and policies of such person or entity, directly or indirectly, whether through ownership of voting securities, by contracting or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoingcapacity.
Appears in 3 contracts
Samples: Agreement and Declaration of Trust (United Mortgage Trust), Agreement and Declaration of Trust (United Mortgage Trust), Agreement and Declaration of Trust (United Mortgage Trust)
Affiliate. for the purposes of this Agreement, an Affiliate of any person or entity means includes any stockholder corporation, partnership, joint venture or other entity or natural person controlling such person/entity, or entity controlling, being controlled by such person/entity or under the common control with such person person/entity; when a person/entity has the capacity to directly or entity, indirectly lead or any director, officer or key executive of such entity or any of their respective relatives. For purposes of this definition, “control,” when used with respect cause to any person or entity, means lead the power to direct the management operations and policies of such person or entity, directly or indirectly, whether another person/entity through ownership of holding voting securities, by contracting contractual arrangement or otherwise; and any other form, then the terms former shall be deemed as “controlling” and “controlled” have meanings that correspond to the foregoinglatter.
Appears in 3 contracts
Samples: Equity Interest Transfer Agreement (TomoTherapy Inc), Equity Interest Transfer Agreement (TomoTherapy Inc), Equity Interest Transfer Agreement (TomoTherapy Inc)
Affiliate. Affiliate of any person or entity means any stockholder or person or entity controlling, controlled by or under common control with such person or entity, or any director, officer or key executive of such entity or any of their respective relatives. For purposes of this definition, “"control,” " when used with respect to any person or entity, means the power to direct the management and policies of such person or entity, directly or indirectly, whether through ownership of voting securities, by contracting or otherwise; and the terms “"controlling” " and “"controlled” " have meanings that correspond to the foregoing.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Pacific Premier Bancorp Inc), Noncompetition Agreement (Washington Federal Inc), Severance and Noncompetition Agreement (Washington Federal Inc)
Affiliate. Affiliate Affiliate" of any person or entity Person means any stockholder entity that controls, is controlled by, or person or entity controlling, controlled by or is under common control with such person Person. As used herein, "control" means the possession, directly or entityindirectly, or any director, officer or key executive of such entity or any of their respective relatives. For purposes of this definition, “control,” when used with respect to any person or entity, means the power to direct or cause the direction of the management and policies of such person or entity, directly or indirectly, whether through ownership of voting securitiessecurities or other interests, by contracting contract or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 3 contracts
Samples: Registration Rights Agreement (Nptest Inc), Registration Rights Agreement (Grant Prideco Inc), Master Separation and Sale Agreement (Nptest Inc)
Affiliate. Affiliate of Affiliate" shall mean any person Person that directly or entity means any stockholder indirectly controls, is controlled by, or person or entity controlling, controlled by or is under common control with such person or entity, or any director, officer or key executive of such entity or any of their respective relativesthe Person in question. For purposes of this definitiondetermining whether a Person is an Affiliate, “the term "control,” when used with respect to any person " shall mean the possession, directly or entityindirectly, means of the power to direct or cause the direction of the management and policies of such person or entity, directly or indirectlya Person, whether through ownership of voting securities, by contracting contract or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Litton Industries Inc), Business Combination Agreement (It Partners Inc), Business Combination Agreement (It Partners Inc)
Affiliate. Affiliate of Affiliate" means, with respect to a specified Person, any person Person directly or entity means any stockholder or person or entity indirectly controlling, controlled by by, or under common control with such person or entity, or the specified Person including without limitation their stockholders and any director, officer or key executive Affiliates of such stockholders. A Person shall be deemed to control a corporation or other entity or any of their respective relatives. For purposes of this definition, “control,” when used with respect to any person or entity, means if the power to direct the management and policies of such person or entityPerson possesses, directly or indirectly, the power to direct or cause the direction of the management and business of the corporation or other entity, whether through the ownership of voting securities, by contracting contract, or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 3 contracts
Samples: Loan and Security Agreement (Phymatrix Corp), Loan and Security Agreement (Phymatrix Corp), Loan and Security Agreement (Phymatrix Corp)
Affiliate. Affiliate of any a specified person means a person that directly, or entity means any stockholder indirectly through one or person more intermediaries, controls or entity controllingis controlled by, controlled by or is under common control with such with, the person or entityspecified (where, or any director, officer or key executive of such entity or any of their respective relatives. For for purposes of this definition, the term “control,” when used with respect to any person (including the terms controlling, controlled by and under common control with) means the possession, direct or entityindirect, means of the power to direct or cause the direction of the management and policies of such person or entity, directly or indirectlya person, whether through the ownership of voting securities, by contracting contract, or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 2 contracts
Samples: Employment Agreement (PubMatic, Inc.), Employment Agreement (PubMatic, Inc.)
Affiliate. Affiliate of Affiliate" means, with respect to a specified Person, any person Person directly or entity means any stockholder or person or entity indirectly controlling, controlled by by, or under common control with such person the specified Person, including, without limitation, their stockholders and any Affiliates thereof. A Person shall be deemed to control a corporation or entity, or any director, officer or key executive of such other entity or any of their respective relatives. For purposes of this definition, “control,” when used with respect to any person or entity, means if the power to direct the management and policies of such person or entityPerson possesses, directly or indirectly, the power to direct or cause the direction of the management and business of the corporation or other entity, whether through the ownership of voting securities, by contracting contract, or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 2 contracts
Samples: Loan and Security Agreement (Ensign Group, Inc), Loan and Security Agreement (Idx Systems Corp)
Affiliate. Affiliate of any person Affiliate" means all Persons and Entities, directly or entity means any stockholder or person or entity indirectly, controlling, controlled by or under common ownership with the Corporation or the Bank where control with such person or entityis by management authority, or any directorequity ownership, officer or key executive of such entity or any of their respective relatives. For purposes of this definition, “control,” when used with respect to any person or entity, means the power to direct the management and policies of such person or entity, directly or indirectly, whether through ownership of voting securities, by contracting contract or otherwise; and . This term also includes Entities in which the terms “controlling” and “controlled” have meanings that correspond to Corporation or the foregoingBank may acquire ownership or control after Effective Date.
Appears in 2 contracts
Samples: Executive Employment Agreement (Parkway Acquisition Corp.), Executive Employment Agreement (Parkway Acquisition Corp.)
Affiliate. Affiliate of Affiliate" shall mean, with respect to any person Person, (a) any --------- individual or entity means directly or indirectly owned or controlled by such Person, (b) any stockholder or person individual or entity controlling, directly or indirectly owning or controlling such Person or (c) any individual or entity directly or indirectly owned or controlled by the same family member, individual or under common control with entity as owns or controls such person or entity, or any director, officer or key executive of such entity or any of their respective relativesPerson. For purposes of this definitionAgreement, “control,” when used with respect to any person or entity, means neither Dental Group nor Manager shall be deemed an Affiliate of the power to direct the management and policies of such person or entity, directly or indirectly, whether through ownership of voting securities, by contracting or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoingother.
Appears in 2 contracts
Samples: Dental Group Management Agreement (Gentle Dental Service Corp), Dental Group Management Agreement (Gentle Dental Service Corp)
Affiliate. Affiliate of Affiliate" means any person or entity means any stockholder who directly or person indirectly controls, is controlled by, or entity controlling, controlled by or is under common control with with, such person or entity. The term "control" (including, or any directorwith correlative meaning, officer or key executive of such entity or any of their respective relatives. For purposes of this definitionthe terms "controlled by" and "under common control with"), “control,” when as used with respect 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 such person or entity, directly or indirectly, whether through the ownership of voting securities, by contracting contract or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 2 contracts
Samples: Asset Purchase Agreement (American Tower Systems Corp), Asset Purchase Agreement (American Radio Systems Corp /Ma/)
Affiliate. An Affiliate of any person or entity Person means any stockholder other Person that, directly or person indirectly through one or entity controllingmore intermediaries, controls or is controlled by by, or is under common control with with, such person or entityPerson; and, or any director, officer or key executive of such entity or any of their respective relatives. For for the purposes of this definitiondefinition only, “control” (including the terms “controlling,” when used with respect to any person “controlled by” and “under common control with”) means the possession, direct or entityindirect, means of the power to direct or cause the management and direction of the management, policies or activities of such person or entity, directly or indirectly, a Person whether through the ownership of voting securities, by contracting contract or agency or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 2 contracts
Samples: Registration Rights Agreement (Franklin Covey Co), Preferred Stock Amendment and Warrant Issuance Agreement (Franklin Covey Co)
Affiliate. Affiliate of Affiliate" shall mean any person Entity that directly, --------- or entity means any stockholder indirectly through one or person more intermediaries, controls or entity controlling, is controlled by or is under common control with such person or entity, or any director, officer or key executive of such entity or any of their respective relativesthe Entity specified. For purposes of this definition, “control,” when used with respect to any person or entity, control of a Entity means the power power, direct or indirect, to direct or cause the direction of the management and policies of such person Entity whether by contract or entityotherwise and, directly in any event and without limitation of the previous sentence, any Entity owning twenty percent (20%) or indirectly, whether through ownership more of voting securities, by contracting or otherwise; and the terms “controlling” and “controlled” have meanings Voting Stock of a second Entity shall be deemed to control that correspond to the foregoingsecond Entity.
Appears in 2 contracts
Samples: Operating Agreement (Talk City Inc), Operating Agreement (Talk City Inc)
Affiliate. Affiliate of Affiliate" shall mean, with respect to a specified person or entity, any other person or entity means any stockholder that directly or person indirectly through one or entity controllingmore intermediaries controls, is controlled by or is under common control with such the specified person or entity, or any director, officer or key executive of such entity or any of their respective relatives. For purposes the purpose of this definition, “"control,” when used with respect to any person or entity, " means the power ability to direct the management and policies of such person or entity, directly or indirectly, whether through ownership of by voting securities, by contracting partnership interests, contract or otherwise; and , direct or cause the terms “controlling” and “controlled” have meanings that correspond to direction of the foregoingpolicies or management of the specified person or entity.
Appears in 2 contracts
Samples: Management Agreement (Grand Casinos Inc), Management Agreement (Grand Casinos Inc)
Affiliate. Affiliate of any person or entity means any stockholder or person or entity controlling, controlled by or under common control with such person or entity, or any director, officer or key executive of such entity or any of their respective relativesrelative. For purposes of this definition, “control,” ”, when used with respect to any person or entity, means the power to direct the management and policies of such person or entity, directly or indirectly, whether through ownership of voting securities, by contracting or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 2 contracts
Samples: Employment Agreement (First Community Bancshares Inc /Nv/), Stock Purchase Agreement (First Community Bancshares Inc /Nv/)
Affiliate. Affiliate Affiliate" means, when used with reference to a specified Person, (a) the Principal of the Person, (b) any person Person directly or entity means any stockholder or person or entity indirectly controlling, controlled by or under common control with such person Person, (c) any Person owning or entity, controlling 10% or any director, officer or key executive more of the outstanding voting interests of such entity Person, and (d) any relative or any of their respective relatives. For purposes of this definition, “control,” when used with respect to any person or entity, means the power to direct the management and policies spouse of such person or entity, directly or indirectly, whether through ownership of voting securities, by contracting or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoingPerson.
Appears in 2 contracts
Samples: Company Agreement (Citi TeeVee LLC), Company Agreement (Citi TeeVee LLC)
Affiliate. Affiliate of Affiliate" shall mean, as to any person Person, (i) any other Person directly or entity means any stockholder or person or entity indirectly controlling, controlled by or under common control with such person or entityPerson, or (ii) any director, officer or key executive of such entity or any of their respective relatives. For purposes of this definition, “control,” when used with respect to any person or entity, means the power to direct the management and policies of such person or entityother Person that owns beneficially, directly or indirectly, whether through ownership five percent (5%) or more of voting securitiesthe outstanding capital stock, shares or equity interests of such Person, or (iii) any officer, director, employee, general partner or trustee of such Person or of any Person controlling, controlled by contracting or otherwise; under common control with such Person (excluding trustees and the terms “controlling” and “controlled” have meanings that correspond to the foregoingpersons serving in similar capacities who are not otherwise an Affiliate of such Person).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (American Realty Trust Inc), Merger Agreement (American Realty Trust Inc)
Affiliate. Affiliate of any person or entity means any stockholder or person or entity controlling, controlled by or by, under common control with such person or entity, or any director, officer or key executive of such entity or any of their respective relatives. For purposes of this definition, “control,” when used with respect to any person or entity, means the power to direct the management and policies of such person or entity, directly or indirectly, whether through ownership of voting securities, by contracting or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 2 contracts
Samples: Employment Agreement (MortgageIT Holdings, Inc.), Employment Agreement (MortgageIT Holdings, Inc.)
Affiliate. Affiliate Affiliate", as applied to any Person, shall mean any other Person, or group of any person Persons acting in concert, directly or entity means any stockholder or person or entity indirectly controlling, controlled by in control of, or under common control with such person or entitywith, or any director, officer or key executive of such entity or any of their respective relativesthat Person. For purposes of this definition, “"control" (including with correlative meanings, the terms "controlling,” when used " "controlled" and "under common control with") shall mean with respect to any person Person the possession, direct or entityindirect, means of the power to direct or cause the direction of the management and policies of such person or entity, directly or indirectlythat Person, whether through the ownership of voting securities, by contracting contract or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 1 contract
Affiliate. Affiliate of any person or entity means any stockholder or person stockholder, person, or entity controlling, controlled by by, or under common control with such person or entity, or any director, officer or key executive of such entity or any of their respective relatives. For purposes of this definition, “"control,” " when used with respect to any person or entity, means the power to direct the management and policies of such person or entity, directly or indirectly, whether through ownership of voting securities, by contracting or otherwise; and the terms “"controlling” " and “"controlled” " have meanings that correspond to the foregoing.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Pacific Premier Bancorp Inc)
Affiliate. Affiliate Affiliate" of any person or entity Person means any stockholder person, corporation, proprietorship, partnership, trust, limited liability company or person other business entity that, directly or entity controllingindirectly, controlled by owns or controls, is under common ownership or control with such person or entitywith, or any directoris owned or controlled by, officer or key executive of such entity or any of their respective relativesPerson. For purposes of this definition, “"control,” when used with respect to any person or entity, " means the possession of the power to direct or cause the direction of management and policies of such person or entity, directly or indirectly, whether through the ownership of voting securities, by contracting contract or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 1 contract
Affiliate. Affiliate of Affiliate" means, with respect to a ---------- specified Person, any person Person directly or entity means any stockholder or person or entity indirectly controlling, controlled by by, or under common control with such person the specified Person, including without limitation their stockholders and any Affiliates thereof. A Person shall be deemed to control a corporation or entity, or any director, officer or key executive of such other entity or any of their respective relatives. For purposes of this definition, “control,” when used with respect to any person or entity, means if the power to direct the management and policies of such person or entityPerson possesses, directly or indirectly, the power to direct or cause the direction of the management and business of the corporation or other entity, whether through the ownership of voting securities, by contracting contract, or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 1 contract
Samples: Loan and Security Agreement (Healthcor Holdings Inc)
Affiliate. An Affiliate of any person Person shall mean any Person that directly, or entity means any stockholder indirectly through one or person more intermediaries, controls, or entity controlling, is controlled by or is under common control with such person the Person specified or entityover which the Person specified has direct or indirect investment control; provided, or any directorhowever, officer or key executive of such entity or any of their respective relatives. For purposes of this definition, the term “control,Affiliate” when used with respect to any person or entity, means the power to direct the management and policies of such person or entity, directly or indirectly, whether through ownership of voting securities, by contracting or otherwise; General Partner and the terms “controlling” and “controlled” have meanings Management Company shall not include (i) any Person that correspond to is not engaged in the foregoingday-to-day management or operations of the General Partner or the Management Company, or (ii) any investment held by the Partnership.
Appears in 1 contract
Affiliate. Affiliate of Affiliate" shall mean, with respect to a corporation, any person which, directly or entity means any stockholder indirectly, controls or person or entity controlling, is controlled by or is under common control with such person or entity, or any director, officer or key executive of such entity or any of their respective relativescorporation. For purposes of this definition, “the terms "control,” when used " "controlled by" and "under common control with," with respect to any person person, shall mean possession, directly or entityindirectly, means of the power to direct or cause the direction of the management and policies of such person or entity, directly or indirectlyperson, whether through the ownership of voting securities, securities or by contracting contract or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 1 contract
Samples: Extended Events Management Agreement (SFX Entertainment Inc)
Affiliate. Affiliate of any person or entity means any stockholder or person or entity controllingAffiliate" shall mean, controlled by or under common control with such person or entity, or any director, officer or key executive of such entity or any of their respective relatives. For purposes of this definition, “control,” when used with respect as to any person or entity, any other person or entity which directly or indirectly controls, is controlled by, or is under common control with such other person or entity and it shall include Subsidiaries as defined herein. For purposes of the preceding definition, "control" means the power right to direct control, or actual control of, the management and policies of such person or other entity, directly or indirectly, whether through by ownership of voting securities, by contracting agreement, or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 1 contract
Samples: Exclusive License Agreement (Lev Pharmaceuticals Inc)
Affiliate. Affiliate of any person means an entity that controls, is controlled by, or entity means any stockholder or person or entity controlling, controlled by or is under common control with such person or entity, or any director, officer or key executive of such entity or any of their respective relativesthe Grant Recipient. For purposes of this definitionthe foregoing, “control,” when used with respect to any person means the possession, directly or entityindirectly, means of the power to direct or cause the direction of the management and policies of such a person or entity, directly or indirectly, whether through ownership of voting securities, by contracting contract interest, or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 1 contract
Samples: Grant Agreement
Affiliate. Affiliate of shall mean, with respect to any person Person, any other Person directly or entity means any stockholder or person or entity indirectly controlling, controlled by or under direct or indirect common control with such person Person, and in addition, if such Person is a partnership, any limited or entitygeneral partner of such partnership and if such Person is an individual, such Person’s spouse, parents, siblings, children or grandchildren, or a trust for the benefit of any directorsuch individual or individuals, officer or key executive a trust for the benefit of a Person otherwise considered an Affiliate of such entity or any of their respective relatives. For purposes of this definition, “control,” when used with respect to any person or entity, means the power to direct the management and policies of such person or entity, directly or indirectly, whether through ownership of voting securities, by contracting or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoingPerson.
Appears in 1 contract
Affiliate. Affiliate of shall mean, with respect to any person Person, (i) any --------- Person directly or entity means any stockholder or person or entity indirectly controlling, controlled by by, or under common control with such person Person, and (ii) any Person owning or entity, controlling ten percent (10%) or any director, officer or key executive more of the outstanding voting interests of such entity or any of their respective relativesPerson. For purposes of this definition, “controlthe term "controls,” when used with respect to any person " "is controlled by," or entity"is under common control with" shall mean the possession, means direct or indirect, of the power to direct or cause the direction of the management and policies of such person or entity, directly or indirectlya Person, whether through the ownership of voting securities, by contracting contract or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Navigant International Inc)
Affiliate. Affiliate of any person or entity Affiliate" means any stockholder or person or an entity controlling, controlled by or under common control with such person or entitythe named company, or any director, officer or key executive of such entity or any of their respective relatives. For purposes of this definition, “where "control,” when used with respect to any person or entity, means the power to direct the management and policies of such person or entity, directly or indirectly, whether through ownership of voting securities, by contracting or otherwise; and the terms “controlling” and “controlled” have meanings that correspond " refers to the foregoingability, direct or indirect, to elect a majority of the Board of Directors or other governing body of the controlled entity. An entity shall be deemed an Affiliate of the named company only so long as the foregoing control relationship exists.
Appears in 1 contract
Samples: Oem Agreement (Uniphase Corp /Ca/)
Affiliate. Affiliate of any person or entity means any stockholder or person stockholder, person, or entity controlling, controlled by by, or under common control with such person or entity, or any director, officer or key executive of such entity or any of their respective relatives. For purposes of this definition, “control,” ”, when used with respect to any person or entity, means the power to direct the management and policies of such person or entity, directly or indirectly, whether through ownership of voting securities, by contracting or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 1 contract
Affiliate. Affiliate of any person Affiliate" means a Person (legal or entity means any stockholder or person or entity controllingnatural) that controls, controlled by or is under common control with such person or entitywith, or any directoris controlled by a Person, officer whether through one or key executive more intermediaries; "control" means the possession of such entity or any of their respective relatives. For purposes of this definition, “control,” when used with respect to any person or entity, means the power to direct or cause the direction of management and policies of such person or entity, directly or indirectlya Person, whether through ownership of voting securitiesby ownership, by contracting contract or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 1 contract
Affiliate. Affiliate of Affiliate" shall mean (i) any person or entity means any stockholder directly or person or entity indirectly controlling, controlled by by, or under common control with such with, another person or entity, (ii) a person or entity owning or controlling fifty percent (50%) or more of the outstanding voting securities of another entity, (iii) any officer, director, officer partner, member or key executive employee of such entity or any of their respective relatives. For purposes of this definition, “control,” when used with respect to any person or entity, means the power and (iv) with respect to direct the management and policies any officer, director, partner, member or employee of such a person or entity, directly any other person or indirectly, whether through ownership of voting securities, by contracting or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoingentity for which such person acts in any such capacity.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Baseline Oil & Gas Corp.)
Affiliate. Affiliate of Affiliate" shall mean, as to any person Person, (i) any other Person directly or entity means any stockholder or person or entity indirectly controlling, controlled by or under common control with such person or entityPerson, or (ii) any director, officer or key executive of such entity or any of their respective relatives. For purposes of this definition, “control,” when used with respect to any person or entity, means the power to direct the management and policies of such person or entityother Person that owns beneficially, directly or indirectly, whether through ownership five percent (5%) or more of voting securitiesthe outstanding capital stock, shares or equity interests of such Person, or (iii) any officer, director, employee, general partner or trustee of such Person or of any Person controlling, controlled by contracting or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoingunder common control with such Person (excluding trustees who are not otherwise an Affiliate of such Person).
Appears in 1 contract
Samples: Declaration of Trust (Universal Health Realty Income Trust)
Affiliate. Affiliate of means, as to the person specified, any person or entity means any stockholder or person or entity controlling, controlled by or under common control with such person person, with the concept of control in such context meaning the possession, directly or entityindirectly, or any director, officer or key executive of such entity or any of their respective relatives. For purposes of this definition, “control,” when used with respect to any person or entity, means the power to direct or cause the direction of the management and policies of such person or entity, directly or indirectlyanother, whether through the ownership of voting securities, by contracting contract or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 1 contract
Affiliate. Affiliate of Affiliate" means, with respect to a specified Person, ----------------------- any person Person directly or entity means any stockholder or person or entity indirectly controlling, controlled by by, or under common control with such person the specified Person, including without limitation their stockholders and any Affiliates thereof. A Person shall be deemed to control a corporation or entity, or any director, officer or key executive of such other entity or any of their respective relatives. For purposes of this definition, “control,” when used with respect to any person or entity, means if the power to direct the management and policies of such person or entityPerson possesses, directly or indirectly, the power to direct or cause the direction of the management and business of the corporation or other entity, whether through the ownership of voting securities, by contracting contract, or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 1 contract
Samples: Loan and Security Agreement (International Nursing Services Inc)
Affiliate. The Affiliate of any person shall mean any person --------- directly or entity means any stockholder or person or entity indirectly controlling, controlled by or under common control with such other person, and shall mean any family member of a person. A person shall be deemed to control a corporation if such person possesses, directly or entityindirectly, or any director, officer or key executive of such entity or any of their respective relatives. For purposes of this definition, “control,” when used with respect to any person or entity, means the power to direct or cause the direction of the management and policies of such person or entity, directly or indirectlycorporation, whether through the ownership of voting securities, by contracting contract or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 1 contract
Affiliate. Affiliate of any person or entity means any stockholder or person or entity controllingAffiliate" shall mean, controlled by or under common control with such person or entity, or any director, officer or key executive of such entity or any of their respective relatives. For purposes of this definition, “control,” when used with respect to any a specified person, another person that directly, or entityindirectly through one or more intermediaries, means Controls or is Controlled by or is under common Control with the power to direct person specified. "Control" shall mean the management and policies of such person or entitypossession, directly or indirectly, of the power to direct or cause the direction of the management or policies of a person, whether through the ownership of voting securities, by contracting contract or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 1 contract
Samples: Stock and Asset Purchase Agreement (Front Royal Inc)
Affiliate. Affiliate of Affiliate" shall mean and refer to any person Person, directly or entity means any stockholder indirectly controlling or person or entity controllingcontrolled by, controlled by or under direct or indirect common control with such person or entitywith, or any director, officer or key executive of such entity or any of their respective relativesanother Person. For A Person shall be deemed to control another Person for the purposes of this definitiondefinition if such first Person possesses, “control,” when used with respect to any person directly or entityindirectly, means the power to direct direct, or cause the direction of, the management and policies of such person or entity, directly or indirectlythe second Person, whether through the ownership of voting securities, common directors, trustees or officers, by contracting contract or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 1 contract
Samples: Ground Lease Agreement
Affiliate. Affiliate of Affiliate" means, with respect to a specified Person, any person Person directly or entity means any stockholder or person or entity indirectly controlling, controlled by by, or under common control with such person the specified Person, including without limitation their stockholders and any Affiliates thereof. A Person shall be deemed to control a corporation or entity, or any director, officer or key executive of such other entity or any of their respective relatives. For purposes of this definition, “control,” when used with respect to any person or entity, means if the power to direct the management and policies of such person or entityPerson possesses, directly or indirectly, whether through at least 50.1% of the outstanding voting securities or other ownership interests of voting securities, by contracting such corporation or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoingother entity.
Appears in 1 contract
Samples: Loan and Security Agreement (BMJ Medical Management Inc)
Affiliate. Affiliate of any person Affiliate" means another Person that directly or entity means any stockholder indirectly controls, is controlled by, or person or entity controlling, controlled by or is under common control with with, such person or entityfirst Person, or any director, officer or key executive of such entity or any of their respective relatives. For purposes of this definition, “where "control,” when used with respect to any person or entity, " means the power to direct the management and policies of such person or entitypossession, directly or indirectly, of the power to direct or cause the direction of the management policies of a Person, whether through the ownership of voting securities, by contracting contract or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.. 1.10. Person. "Person" means any individual, corporation, limited liability company, partnership, limited partnership, firm, joint venture, association, joint-stock company, trust, unincorporated organization, governmental, judicial or regulatory body or other entity. ARTICLE 2
Appears in 1 contract
Samples: License Agreement
Affiliate. Affiliate of Affiliate" shall mean any person Person or entity means any stockholder that directly or person indirectly controls or entity controllingis controlled by, controlled by or is under common control with with, such person Person. As used in this definition of "Affiliate," the term "control" means possession, directly or entityindirectly, or any director, officer or key executive of such entity or any of their respective relatives. For purposes of this definition, “control,” when used with respect to any person or entity, means the power to direct or cause the direction of the management and policies of such person or entity, directly or indirectly, an entity whether through ownership of voting securities, by contracting contract or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 1 contract
Samples: Agent Agreement (Edutrek Int Inc)
Affiliate. Affiliate of Affiliate" means, with respect to a specified Person, any person Person directly or entity means any stockholder or person or entity indirectly controlling, controlled by by, or under common control with such person the specified Person, including, without limitation their stockholders and any Affiliates thereof. A Person shall be deemed to control a corporation or entity, or any director, officer or key executive of such other entity or any of their respective relatives. For purposes of this definition, “control,” when used with respect to any person or entity, means if the power to direct the management and policies of such person or entityPerson possesses, directly or indirectly, the power to direct or cause the direction of the management and business of the corporation or other entity, whether through the ownership of voting securities, by contracting contract, or otherwise; and . The term "Affiliate" shall include, without limitation, the terms “controlling” and “controlled” have meanings that correspond to the foregoingExisting Subsidiaries.
Appears in 1 contract
Samples: Bridge Loan and Security Agreement (Ep Medsystems Inc)
Affiliate. Affiliate of any person or entity means any stockholder entity directly or person or entity indirectly controlling, controlled by by, or under common control with such person Customer, where “control” means ownership of at least 50% of the equity or entity, or any director, officer or key executive beneficial interests of such entity or any the right to vote for or appoint a majority of their respective relatives. For purposes the board of this definition, “control,” when used with respect to any person directors or entity, means the power to direct the management and policies other governing body of such person or entity, directly or indirectly, whether through ownership of voting securities, by contracting or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 1 contract
Samples: Terms of Use Agreement
Affiliate. Affiliate of Affiliate" means, with respect to a specified Person, any person Person directly or entity means any stockholder or person or entity indirectly controlling, controlled by by, or under common control with such person the specified Person, including without limitation their controlling stockholders and any Affiliates thereof. A Person shall be deemed to control a corporation or entity, or any director, officer or key executive of such other entity or any of their respective relatives. For purposes of this definition, “control,” when used with respect to any person or entity, means if the power to direct the management and policies of such person or entity, directly or indirectly, whether through ownership of voting securities, by contracting or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.Person
Appears in 1 contract
Samples: Loan and Security Agreement (Rockwell Medical Technologies Inc)
Affiliate. Affiliate of any person means a Person that directly or entity means any stockholder indirectly owns or person controls, is owned or entity controllingcontrolled by, controlled by or is under common ownership or control with such person or entitywith, another Person. The terms owns, is owned, and ownership means ownership of an equity interest, or any directorthe equivalent thereof, officer of ten percent or key executive of such entity or any of their respective relatives. For purposes of this definition, “control,” when used with respect to any person or entity, means the power to direct the management and policies of such person or entity, directly or indirectly, whether through ownership of voting securities, by contracting or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoingmore.
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Samples: Compact
Affiliate. Affiliate of Affiliate" shall mean and refer to any person Person, directly or entity means any stockholder indirectly controlling or person or entity controllingcontrolled by, controlled by or under direct or indirect common control with such person or entitywith, or any director, officer or key executive of such entity or any of their respective relativesmanaging another Person. For A Person shall be deemed to control another Person for the purposes of this definitiondefinition if such first Person possesses, “control,” when used with respect to any person directly or entityindirectly, means the power to direct direct, or cause the direction of, or participate in the management and policies of such person or entity, directly or indirectlythe second Person, whether through the ownership of voting securities, common directors, trustees, membership or officers, by contracting contract or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 1 contract
Samples: Ground Lease Agreement
Affiliate. Affiliate means (i) with respect to an individual, (A) the members of the immediate family (including parents, siblings and children) of the individual, (B) the individual’s spouse, and (C) any person Business Entity that directly or entity means any stockholder indirectly, through one or person more intermediaries is controlled by, or entity controlling, controlled by or is under common control with such person or entitywith, any of the foregoing individuals, or (ii) with respect to any directorPerson other than an individual, officer any other Person that, directly or key executive of indirectly, Controls, is Controlled by, or is under common Control with or of, such entity or any of their respective relativesPerson. For purposes of this definitionThe term “Control” (including, with correlative meaning, the terms “control,Controlled by” when and “under common Control with”), as used with respect to any person or entityPerson, means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such person or entity, directly or indirectlyPerson, whether through the ownership of voting securities, by contracting contract or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing...
Appears in 1 contract
Affiliate. Affiliate of Affiliate" means, with respect to a specified ---------- Person, any person Person directly or entity means any stockholder or person or entity indirectly controlling, controlled by by, or under common control with such person the specified Person, including without limitation their stockholders and any Affiliates thereof. A Person shall be deemed to control a corporation or entity, or any director, officer or key executive of such other entity or any of their respective relatives. For purposes of this definition, “control,” when used with respect to any person or entity, means if the power to direct the management and policies of such person or entityPerson possesses, directly or indirectly, the power to direct or cause the direction of the management and business of the corporation or other entity, whether through the ownership of voting securities, by contracting contract, or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 1 contract
Samples: Loan and Security Agreement (New York Health Care Inc)
Affiliate. Affiliate Affiliate" of any person a Person means a Person that directly or entity means any stockholder indirectly through one or person more intermediaries, controls, is controlled by, or entity controlling, controlled by or is under common control with such person or entitywith, or any director, officer or key executive of such entity or any of their respective relativesthe first Person. For purposes of this definition, “control,” when used with respect to any person or entity, "Control" means the power to direct the management and policies of such person or entitypossession, directly or indirectly, of the power to direct or cause the direction of the management policies of a Person, whether through the ownership of voting securities, by contracting contract, as trustee or executor, or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 1 contract
Affiliate. Affiliate of Affiliate" shall mean any person Person that directly or entity means any stockholder indirectly controls, is controlled by, or person or entity controlling, controlled by or is under common control with such person or entity, or any director, officer or key executive of such entity or any of their respective relativesthe Person in question. For purposes of this definitiondetermining whether a Person is an Affiliate, “the term "control,” when used with respect to any person " shall mean the possession, directly or entityindirectly, means of the power to direct or cause the direction of the management and policies of such person or entity, directly or indirectlya Person, whether through ownership of voting securities, by contracting contract or otherwise; and . Section 1.3. Affiliated Groups. "Affiliated Groups" shall have the terms “controlling” and “controlled” have meanings that correspond to the foregoingmeaning set forth in Section 3.16.
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Affiliate. Affiliate of an entity shall mean any person or entity means any stockholder or person or other entity controlling, controlled by by, or under common control with such person or entity, or any director, officer or key executive of such entity or any of their respective relatives. For purposes of this definition, where “control,” when used with respect means. the right to any person elect a majority of the board of directors or other body controlling such entity, means the power to direct the management and policies of such person or entity, directly or indirectly, whether through ownership of voting securities, by contracting or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 1 contract
Affiliate. Affiliate of Affiliate" means any person or entity means any stockholder who directly --------- --------- or person indirectly controls, is controlled by, or entity controlling, controlled by or is under common control with with, such person or entity. The term "control" (including, or any directorwith correlative meaning, officer or key executive of such entity or any of their respective relatives. For purposes of this definitionthe terms "controlled by" and "under common control with"), “control,” when as used with respect 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 such person or entity, directly or indirectly, whether through the ownership of voting securities, by contracting contract or otherwise; and the terms “controlling” and “controlled” have meanings that correspond to the foregoing.
Appears in 1 contract
Samples: Asset Purchase Agreement (American Tower Systems Corp)