Common use of Affiliate Clause in Contracts

Affiliate. With respect to any specified Person, any other Person controlling or 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 means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoing.

Appears in 10 contracts

Samples: Trust Agreement (Structured Asset Securities Corp Trust 2005-3), Transfer and Servicing Agreement (Fieldstone Mortgage Investment Trust, Series 2006-2), Transfer and Servicing Agreement (Fieldstone Mortgage Investment CORP)

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Affiliate. With respect to any specified Person, any other Person controlling or controlling, 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 means the power to direct the management and policies of such a Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; otherwise and the terms “controlling” and “controlled” shall have meanings correlative to the foregoing.

Appears in 8 contracts

Samples: Sale and Servicing Agreement (Indymac MBS Inc), Sale and Servicing Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2006-H2), Sale and Servicing Agreement (IndyMac Home Equity Mortgage Loan Asset-Backed Trust, Series 2007-H1)

Affiliate. With respect to any specified Personperson or entity, any other Person controlling person or entity that directly or indirectly controls, is controlled by or is under common control with with, such specified Personfirst person or entity. For the purposes of this definition, “control” when used (including, with respect correlative meanings, the terms “controlling,” “controlled by” and “under common control with”), as applied to any specified Person 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, directly that person or indirectlyentity, whether through the ownership of voting securities, by contract or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoing.

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 specified Person, any other Person controlling or controlling, 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 " means the power ownership, directly or indirectly, of voting securities representing the 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 the management and policies of such a Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoing.

Appears in 6 contracts

Samples: Asset Exchange Agreement (Century Communications Corp), Asset Contribution Agreement (Tele Communications Inc /Co/), Asset Contribution Agreement (Insight Communications Co Inc)

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

Appears in 5 contracts

Samples: Master Warrant Agreement (Seven Seas Petroleum Inc), Master Warrant Agreement (Seven Seas Petroleum Inc), Note Purchase Agreement (Seven Seas Petroleum Inc)

Affiliate. With respect to any specified Person, any other Person controlling or controlling, 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 means the power to direct the management and policies of such a Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; otherwise and the terms “controlling” and “controlled” shall have meanings correlative to the foregoing. Agreement: This Sale and Servicing Agreement and all amendments hereof and supplements hereto.

Appears in 5 contracts

Samples: Sale and Servicing Agreement (First Horizon Asset Securities Inc), Sale and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2006-1), Sale and Servicing Agreement (First Horizon Asset Securities Inc)

Affiliate. With respect to any specified PersonAny Person which, any other Person controlling directly or indirectly, controls, is controlled by or is under common control with such specified another Person. For the purposes “Control” of this definition, “control” when used with respect to any specified a Person means the power, directly or indirectly, (a) to vote ten percent (10%) or more of the Capital Stock (on a fully diluted basis) of such Person having ordinary voting power for the election of directors, managing members or general partners (as applicable); or (b) to direct or cause the direction of the management and policies of such Person, directly or indirectly, Person (whether through the ownership of voting securities, by contract or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoing).

Appears in 5 contracts

Samples: Credit Agreement (CAI International, Inc.), Revolving Credit Agreement (SeaCube Container Leasing Ltd.), Revolving Credit Agreement (SeaCube Container Leasing Ltd.)

Affiliate. With respect to any specified Person, any other Person controlling directly or indirectly controlling, 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 means " (including "controlled by" and "under common control with") shall mean the power power, directly or indirectly, to direct or cause the direction of the management and policies of such Person, directly or indirectly, Person whether through the ownership of voting securities, securities or by contract or otherwise; and . In no event shall the terms “controlling” and “controlled” have meanings correlative to Owner Trustee or the foregoingLessor be deemed an Affiliate of the Owner Participant.

Appears in 5 contracts

Samples: Indenture and Security Agreement (Federal Express Corp), Assignment and Assumption Agreement (Federal Express Corp), Lease Agreement (Federal Express Corp)

Affiliate. With respect to any specified Person, any other Person controlling or controlling, 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 " means the power to direct the management and policies of such a Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; otherwise and the terms “"controlling" and "controlled" shall have meanings correlative to the foregoing.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Chec Funding LLC), Pooling and Servicing Agreement (First Union Residential Securitization Transactions Inc), Sale and Servicing Agreement (Chec Funding LLC)

Affiliate. With respect to any specified Personentity, any other Person entity controlling or controlled by or under common control with such specified Personentity. For the purposes of this definition, “control” when used with respect to any a specified Person entity means the power to direct the management and policies of such Personentity, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; , and the terms “controlling” and “controlled” have having meanings correlative to the foregoing. Agency: Xxxxxx Xxx or Xxxxxxx Mac.

Appears in 4 contracts

Samples: Master Repurchase Agreement (Tree.com, Inc.), Master Repurchase Agreement (Tree.com, Inc.), Master Repurchase Agreement (Tree.com, Inc.)

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

Appears in 4 contracts

Samples: Credit Agreement (Cybex International Inc), Credit Agreement (Cybex International Inc), Credit Agreement (Cybex International Inc)

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

Appears in 3 contracts

Samples: Master Facility Agreement (Advanta Leasing Receivables Corp Ix), Master Facility Agreement (Advanta Business Services Corp), Master Facility Agreement (Advanta Leasing Receivables Corp Ix)

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

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc), Pooling and Servicing Agreement (Residential Asset Mortgage Products Inc), Pooling and Servicing Agreement (Residential Asset Mortgage Products Inc)

Affiliate. With respect to any specified PersonAny person or entity which controls, any other Person controlling is controlled by, or controlled by or is under common control with such specified Personby another person or entity. For the purposes of this definition, "control” when used " shall mean the possession, directly or indirectly and whether acting alone or in conjunction with respect to any specified Person means others, of the power authority to direct the management and or policies of such Person, directly a person or indirectly, whether through the ownership entity. A voting interest of voting securities, by contract ten percent or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoingmore shall create a rebuttable presumption of control.

Appears in 3 contracts

Samples: Attachment O, Transmission Operating Agreement, Transmission Operating Agreement

Affiliate. With respect to any specified Person, any other Person controlling that directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with such specified that Person. For the purposes of this definition, The term “control” when (including, with correlative meaning, the terms “controlled by” and “under common control with”), as used with respect to any specified Person Person, means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such Person, directly or indirectly, whether through the ownership of voting securitiessecurities or partnership interests, by contract or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoing.

Appears in 3 contracts

Samples: Solar Development Agreement (Solar Power, Inc.), Solar Development Acquisition and Sale Agreement (Solar Power, Inc.), Escrow Agreement (Solar Power, Inc.)

Affiliate. With respect to any specified Person, any other Person controlling or 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 means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and the terms "controlling" and "controlled" have meanings correlative to the foregoing.

Appears in 3 contracts

Samples: Trust Agreement (Structured Asset Securities Corp), Custodial Agreement (Merrill Lynch Mort Inv Inc Mo Pass THR Ce Se MLCC 2003f), Trust Agreement (Mortgage Pass-Through Certificates Series 2003-37a)

Affiliate. With respect to Of any specified Personperson means any Person who directly or indirectly controls, any other Person controlling is controlled by, or controlled by is under direct or under indirect common control with such specified Personperson. For the purposes of this definition, the term "control" when used with respect to any specified Person means the power to direct the management and policies of such Person, Person directly or indirectly, whether through thorough the ownership of voting securities, by contract or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoing. Agency/Agencies: Fannie Mae, Freddie Mac or GNMA, or any of them as applicable.

Appears in 3 contracts

Samples: Indemnification Agreement (Morgan Stanley Mortgage Loan Trust 2006-1ar), Indemnification Agreement (Morgan Stanley Mortgage Loan Trust 2006-5ar), Indemnification Agreement (Morgan Stanley Mortgage Loan Trust 2006-3ar)

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

Appears in 3 contracts

Samples: Master Repurchase Agreement (Rocket Companies, Inc.), Master Repurchase Agreement (Five Oaks Investment Corp.), Revolving Credit and Security Agreement (Aames Financial Corp/De)

Affiliate. With respect As to any specified Person, any other Person controlling or controlling, 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 means the power to direct the management and policies of such a Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; , and the terms “controlling” and “controlled” shall have meanings correlative to the foregoing. Agreement: This Pooling and Servicing Agreement and all amendments hereof and supplements hereto.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (HSBC Home Equity Loan Corp I), Pooling and Servicing Agreement (HSBC Home Equity Loan Corp I)

Affiliate. With respect to any specified Person, any other Person 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 Person, means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; , and the terms “controlling” and “controlledcontrolled by” have meanings correlative to the foregoing.

Appears in 2 contracts

Samples: Office Lease (Ultragenyx Pharmaceutical Inc.), Tenant Estoppel Certificate (A123 Systems, Inc.)

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

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Gmacm Mortgage Loan Trust 2005-J1), Pooling and Servicing Agreement (HASCO Trust 2005-Nc2)

Affiliate. With with respect to any specified Person, any other Person controlling which, directly or indirectly, controls, is controlled by by, or is under common control with with, such specified Person. For The term "control" (including, with correlative meaning, the purposes of this definitionterms "controlled by" and "under common control with"), “control” when as used with respect to any specified Person Person, means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoing.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Carsunlimited Com Inc), Agreement and Plan of Merger (Carsunlimited Com Inc)

Affiliate. With respect to any specified Person, any other Person 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 Person, means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; , and the terms "controlling" and “controlled” "controlled by" have meanings correlative to the foregoing.

Appears in 2 contracts

Samples: Non Disturbance and Attornment (Paid Inc), Lease Agreement (Paid Inc)

Affiliate. With respect to any specified Person, any other Person controlling or controlling, controlled by or under common control with such specified first Person. For the purposes of this definition, “control” when used with respect to any specified Person means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoing. Agreement: This Pooling and Servicing Agreement and all amendments hereof and supplements hereto.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (RASC Series 2005-Ks5 Trust), Custodial Agreement (RASC Series 2005-Ks4 Trust)

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

Appears in 2 contracts

Samples: Facilities Lease, Facilities Lease (Social Capital Hedosophia Holdings Corp.)

Affiliate. With respect to any a specified Person, any other Person controlling that 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 Person, means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoing.

Appears in 1 contract

Samples: Intercreditor Collateral Agreement (CAI International, Inc.)

Affiliate. With respect to any specified Person, any other another Person controlling that is controlled by, that controls, or controlled by or is under common control with with, such specified Person. For the purposes of this definition, “control” when used with respect to any specified Person means shall mean the power ability to direct the management and policies of such Personeffectively control, directly or indirectly, the operations and business decisions of such Person whether through the ownership by voting of voting securities, by contract securities or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoingpartnership interests or any other method.

Appears in 1 contract

Samples: Nevada Geothermal Power Inc

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

Appears in 1 contract

Samples: Joint Venture Agreement (JR Resources Corp.)

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

Appears in 1 contract

Samples: Employment Agreement (Libra Alliance Corp)

Affiliate. With respect to any specified Person, any other Person controlling directly or indirectly controlling, controlled by by, or under common control with such specified other Person. For the purposes of this definition, “control” when (including with correlative meaning, the terms “controlled by” and “under common control with”) as used with respect to any specified Person Person, means the power possession, directly or indirectly, of the legal authority to direct or cause the direction of the management and policies of such Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoingother legal force.

Appears in 1 contract

Samples: Asset Purchase Agreement (Netbank Inc)

Affiliate. With respect to any specified Person, any other Person controlling or --------- controlling, 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 " means the power ownership, directly or indirectly, of voting securities representing the 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 the management and policies of such a Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoing.

Appears in 1 contract

Samples: Asset Exchange Agreement (Jones Intercable Inc)

Affiliate. With respect to any specified Personperson, any other Person person directly or indirectly controlling or controlled by or under direct or indirect common control with such specified Personperson. For the purposes of this definition, “control” the term control when used with respect to any specified Person person means the power to direct the management and policies of 4 -4- such Personperson, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; , and the terms “controlling” controlling and “controlled” controlled by have meanings correlative to the foregoing.

Appears in 1 contract

Samples: Office Lease (Synchronicity Inc)

Affiliate. With respect to any specified Person, any other Person dir ectly or indirectly controlling or controlled by by, or under direct or indirect common control with with, such specified Person. For the purposes of this definition, “control” when the term control (including the correlative meanings of the terms controlled by and under co mmon control with ) as used with respect to any specified Person Person, means the possession, direct ly or indirectly, of the power to direct or cause the direction of the management and policies pol icies of such Person, directly or indirectly, whether through the ownership of or voting securities, securities or by contract co ntract or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoing.

Appears in 1 contract

Samples: Facilities Lease

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

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sun American Bancorp)

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Affiliate. With respect as to any specified Person, any other Person controlling or controlling, 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 " means the power ownership, directly or indirectly, of voting securities representing the 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 the management and policies of such a Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoing.

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement (Tca Cable Tv Inc)

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

Appears in 1 contract

Samples: Asset Purchase Agreement (JR Resources Corp.)

Affiliate. With respect to any specified Person, any other Person controlling or controlling, 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 means the power to direct the management and policies of such a Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; , and the terms “controlling” and “controlled” shall have meanings correlative to the foregoing. Agreement: This Pooling and Servicing Agreement and all amendments hereof and supplements hereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HSBC Home Equity Loan Trust (USA) 2006-3)

Affiliate. With respect to any specified PersonAny person or entity which controls, any other Person controlling is controlled by, or controlled by or is under common control with such specified Personby another person or entity. For the purposes of this definition, “control” when used shall mean the possession, directly or indirectly and whether acting alone or in conjunction with respect to any specified Person means others, of the power authority to direct the management and or policies of such Person, directly a person or indirectly, whether through the ownership entity. A voting interest of voting securities, by contract ten percent or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoingmore shall create a rebuttable presumption of control.

Appears in 1 contract

Samples: Transmission Operating Agreement (Nstar/Ma)

Affiliate. With respect to any specified Person, any other Person controlling or controlling, 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 " means the power to direct the management and policies of such Personownership, directly or indirectly, whether through the ownership of voting securities, by contract securities representing the right generally to elect a majority of the directors (or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoing.similar officials) of

Appears in 1 contract

Samples: Asset Exchange Agreement (Insight Communications Co Inc)

Affiliate. With respect to any specified PersonPerson which, any other Person controlling directly or indirectly, controls, is controlled by or is under common control with such specified another Person. For ; and, for the purposes of this definition, “control” when used (including, with respect to any specified Person correlative meanings, the terms “controlled by” or “under common control with”) means the power to direct or cause the direction of the management and policies of such any Person, directly or indirectly, whether through the ownership of shares or other economic interests, the holding of voting securities, by contract rights or contractual rights or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoing.

Appears in 1 contract

Samples: Contract (CF Industries Holdings, Inc.)

Affiliate. With respect to any specified PersonAny Person directly or indirectly controlling, any other Person controlling or controlled by or under common control with such specified any other Person. For the purposes of this definition, “control” when used with respect to any specified Person (including “controlled by” and “under common control with”) means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such Person, directly or indirectly, whether through the ownership of voting securitiesany indicia of equity rights (whether issued and outstanding capital stock, by contract partnership interests or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoing) or by any other means.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Opportunity REIT I, Inc.)

Affiliate. With respect to any specified PersonAny Person that directly, any other Person controlling or indirectly through one of more intermediaries, controls, is controlled by by, or is under common control with such specified any other Person. For the purposes of this definition, “definition "control” when used with respect to any specified Person means having the power to direct direct, or cause the direction of, the management and policies of such a Person, which may be possessed directly or indirectlyindirectly by any means, whether through including, without limitation, the ownership of a majority of the voting securitiessecurities of a Person, or by contract, other than a contract or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoingfor nonmanagement services.

Appears in 1 contract

Samples: Coinsurance Agreement (HealthMarkets, Inc.)

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

Appears in 1 contract

Samples: Registration Rights Agreement (Paragon Shipping Inc.)

Affiliate. With respect to any specified Person, any other Person 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 means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; , and the terms "controlling" and “controlled” "controlled by" have meanings correlative to the foregoing.

Appears in 1 contract

Samples: One Alewife Center Office Lease (Allaire Corp)

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

Appears in 1 contract

Samples: Loan Agreement (Elevate.Money REIT I, Inc.)

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

Appears in 1 contract

Samples: Registration Rights Agreement (Paragon Shipping Inc.)

Affiliate. With respect to any specified Personan entity, any other Person controlling or entity controlling, controlled by or under common control with such specified Personentity. For the purposes of As used in this definition, the term “control,when used with respect to any specified Person means including the power to direct correlative terms “controlling,” “controlled by” and “under common control with,” shall mean the management and policies of such Personpossession, directly or indirectly, of the power to direct or cause the direction of the management or policies of an entity, whether through the ownership of voting securities, by contract or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoing.

Appears in 1 contract

Samples: Gas Gathering and Compression (Summit Midstream Partners, LP)

Affiliate. With respect to any specified Person, any other Person controlling that, directly or indirectly, controls, is controlled by by, or is under common control with with, such specified PersonPerson through one or more intermediaries or otherwise. For the purposes of this definition, “control” when means, where used with respect to any specified Person means Person, the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such Person, directly or indirectly, whether through the ownership of voting securitiesVoting Securities or interests, by contract or otherwise; , and the terms “controlling” and “controlled” have meanings correlative to the foregoingmeanings.

Appears in 1 contract

Samples: Gas Gathering Agreement (Sandridge Energy Inc)

Affiliate. With respect to any specified Person, any other Person controlling who, directly or indirectly (including through one or more intermediaries), controls, is controlled by by, or is under common control with with, such specified Person. For the purposes of this definition, “control,” when used with respect to any specified Person means Person, shall mean the power power, direct or indirect, to direct or cause the direction of the management and policies of such Person, directly or indirectly, whether through the ownership of voting securitiessecurities or partnership or other ownership interests, by contract or otherwise; and the terms “controlling” and “controlled” shall have meanings correlative to the foregoingmeanings.

Appears in 1 contract

Samples: Joinder Agreement (Agrify Corp)

Affiliate. With respect to any specified Person, any other Person controlling or controlling, controlled by or under common control with such specified first Person. For the purposes of this definition, “control” when used with respect to any specified Person means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoing. Agreement: This Pooling and Servicing Agreement and all amendments or supplements hereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Fremont Home Loan Trust 2006-E)

Affiliate. With respect to any specified PersonAny Person who directly or indirectly controls, any other Person controlling is controlled by, or controlled by is under direct or under indirect common control with such specified Personperson. For the purposes of this definition, the term “control” when used with respect to any specified Person means the power to direct the management and policies of such Person, Person directly or indirectly, whether through thorough the ownership of voting securities, by contract or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoing.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HSI Asset Loan Obligation Trust 2007-Wf1)

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

Appears in 1 contract

Samples: Office Lease (Sync Research Inc)

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

Appears in 1 contract

Samples: Option Agreement (Dakota Territory Resource Corp)

Affiliate. With respect to any specified Person, any other Person controlling or 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 means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of voting securitiessecurities (including, without limitation, partnership interests), by contract or otherwise; otherwise and the terms "controlling" and "controlled" have meanings correlative to the foregoing.

Appears in 1 contract

Samples: Repurchase and Servicing Agreement (PHH Corp)

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

Appears in 1 contract

Samples: Trust and Pooling Agreement (Structured Asset Mortgage Investments Inc)

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