Affiliate. The term “Affiliate” shall mean, with respect to any person or entity, any other person or entity which controls, is controlled by, or is under common control with such person or entity within the meaning of Section 414(b) or (c) of the Internal Revenue Code.
Appears in 12 contracts
Samples: Severance Agreement (Invacare Corp), Severance Agreement (Invacare Corp), Severance Agreement (Invacare Corp)
Affiliate. The term An “Affiliate” shall mean, with respect to means any person or entity, any other person entity that directly or entity which indirectly controls, is controlled by, or is under common control with such person another. Control shall mean beneficial ownership of 50.01% or entity within the meaning of Section 414(b) or (c) more of the Internal Revenue Codeoutstanding voting securities or other ownership interests.
Appears in 11 contracts
Samples: Executive Employment Agreement (Sun Energy Solar Inc), Executive Employment Agreement (Sun Energy Solar Inc), Executive Employment Agreement (Sun Energy Solar Inc)
Affiliate. The term “"Affiliate” " shall mean, with respect to any person or entityPerson, any other person or entity which controls, is another Person controlled by, controlling or is under common control with such person or entity within the meaning of Section 414(b) or (c) of the Internal Revenue CodePerson.
Appears in 10 contracts
Samples: Trust Agreement (RMR Preferred Dividend Fund II), Agreement and Declaration of Trust (RMR Real Estate Securities Fund), Agreement and Declaration of Trust (RMR Healthcare & Real Estate Fund)
Affiliate. The term “Affiliate” shall meanmeans, with respect to any person or entityPerson, (i) any other person individual or entity which controlsdirectly or indirectly owned or controlled by such Person, is controlled by, or is under common control with such person (ii) any individual or entity within the meaning of Section 414(b) directly or indirectly owning or controlling such Person or (ciii) any individual or entity directly or indirectly owned or controlled by the same individual or entity as owns or controls such Person. For purposes of this Agreement, neither Group nor Service Company shall be deemed an Affiliate of the Internal Revenue Codeother.
Appears in 9 contracts
Samples: Business Support Services Agreement (Smile Brands Group Inc.), Business Support Services Agreement (Smile Brands Group Inc.), Business Support Services Agreement (Smile Brands Group Inc.)
Affiliate. The term For purposes of this Agreement, “Affiliateaffiliate” shall mean, with respect to any person or entity, any other person or entity which that, directly or indirectly controls, is controlled by, or is under common control with such person or entity within the meaning of Section 414(b) or (c) of the Internal Revenue Codeentity.
Appears in 7 contracts
Samples: Employment Agreement (CoreSite Realty Corp), Employment Agreement (CoreSite Realty Corp), Employment Agreement (CoreSite Realty Corp)
Affiliate. The term “Affiliate” shall mean, with respect to mean any person or entity, any other person or legal entity which controlsthat Controls, is controlled Controlled by, or is under common control Control with such person or entity within the meaning of Section 414(b) or (c) of the Internal Revenue CodeAllocatee.
Appears in 6 contracts
Samples: Allocation Agreement, Allocation Agreement (Independent Bank Corp), Allocation Agreement
Affiliate. The For the purposes hereof, the term “Affiliate” shall mean, with respect to means any person controlling, controlled by or entity, any other person or entity which controls, is controlled by, or is under common control with such person or entity within the meaning of Section 414(b) or (c) of the Internal Revenue Codeany other person.
Appears in 6 contracts
Samples: Employment Agreement (NV5 Holdings, Inc.), Employment Agreement (NV5 Holdings, Inc.), Employment Agreement (NV5 Holdings, Inc.)
Affiliate. The term An “Affiliate” shall mean, with respect to means any person or entity, any other person or entity which controls, is controlled by, or is under common control with such person or entity within the meaning of Section 414(b) or (c) of the Internal Revenue Codesubject party.
Appears in 5 contracts
Samples: Data Privacy Agreement, Data Privacy Agreement, Data Privacy Agreement
Affiliate. The term “"Affiliate” shall mean," as used in this Agreement, with respect to any means a person that, directly or entityindirectly, any other person controls or entity which controls, is controlled by, or is under common control with such with, the person or entity within the meaning of Section 414(b) or (c) of the Internal Revenue Codespecified.
Appears in 5 contracts
Samples: Advisory Services Agreement (Aveta Inc), Management Agreement (Genesis Health Ventures Inc /Pa), Management Agreement (Capital Senior Living Corp)
Affiliate. The term “Affiliate” "affiliate" or "affiliates" --------- shall mean, when used with respect to any person specified entity, individual, or entityother person, any other entity, individual, or other person which, directly or entity which controlsindirectly, through one or more intermediaries Controls, or is controlled Controlled by, or is under common control Control with such person specified entity, individual or entity within the meaning of Section 414(b) or (c) of the Internal Revenue Codeperson.
Appears in 5 contracts
Samples: Change in Control Agreement (Mail Well Inc), Change in Control Agreement (Mail Well Inc), Change in Control Agreement (Mail Well Inc)
Affiliate. The Whenever used in this Agreement, the term “Affiliateaffiliate” shall mean, with respect to any person or entity, any other all persons or entities (i) directly or indirectly controlled by the person or entity which controlsentity, is controlled by(ii) that directly or indirectly control the person or entity, or is (iii) that are directly or indirectly under common control with such the person or entity within the meaning entity; and all directors, managers, members, shareholders, officers, and partners of Section 414(b) or (c) of the Internal Revenue Codeand such entity.
Appears in 4 contracts
Samples: Officer Employment Agreement (Bloomin' Brands, Inc.), Officer Employment Agreement (Osi Restaurant Partners, LLC), Officer Employment Agreement (Osi Restaurant Partners, LLC)
Affiliate. The term “Affiliate” shall meanmeans, with respect to any person or for an identified entity, any other person entity that (a) is a Subsidiary of such identified entity; or entity which controls, is controlled by, (b) Controls or is under common control with Control of such person or entity within the meaning of Section 414(b) or (c) of the Internal Revenue Codeidentified entity, but only so long as such Control exists.
Appears in 3 contracts
Samples: Settlement Agreement (Rambus Inc), Settlement Agreement (Rambus Inc), Settlement Agreement (Rambus Inc)
Affiliate. The term “Affiliate” shall mean, with respect to any person or entity, any other person or entity which controls, is controlled by, or is under common control with such person or entity within the meaning of Section Sections 414(b) or (c) of the Internal Revenue Code.
Appears in 3 contracts
Samples: Change of Control Severance Agreement (INVACARE HOLDINGS Corp), Change of Control Severance Agreement (INVACARE HOLDINGS Corp), Change of Control Severance Agreement (INVACARE HOLDINGS Corp)
Affiliate. The term “Affiliate” shall mean, with respect mean as to any person or entityPerson, any other person Person that directly or entity which controlsindirectly:
(a) has an ownership interest in the specified Person;
(b) Controls, is controlled by, Controlled by or is under common control Control with such person or entity within the meaning of Section 414(b) or Person;
(c) Is a director or officer of such Person;
(d) Is the Internal Revenue Codespouse, issue or parent of such Person; or
(e) Is any Person that would constitute an Affiliate of any such Person described in Section 1.02(a), Section 2.02(b), Section 2.02(c) or Section 2.02(d) of this Agreement.
Appears in 3 contracts
Samples: Predevelopment Services Agreement, Predevelopment Services Agreement, Predevelopment Services Agreement
Affiliate. The term “"Affiliate” " shall mean, with respect to any person or entity, any other person or entity which controls, is controlled by, or is under common control with such person or entity within the meaning of Section 414(b) or (c) of the Internal Revenue Codeentity.
Appears in 2 contracts
Samples: Retention Bonus Agreement (Invacare Corp), Executive Agreement (Invacare Corp)
Affiliate. The term “Affiliate” shall mean, with respect to any person or entityPerson, any other person Person that as of the date of the Agreement or entity which as of any subsequent date, directly or indirectly, through one or more intermediaries, controls, is controlled by, by or is under common control with such person or entity specified Person. Notwithstanding the foregoing, a Person who is an “affiliate” within the meaning of Rule 405 under the Securities Act shall be deemed an “Affiliate” for purposes of Section 414(b) or (c) 7.5 of the Internal Revenue Codethis Agreement.
Appears in 2 contracts
Samples: Asset Contribution Agreement (Geron Corp), Asset Contribution Agreement (Biotime Inc)
Affiliate. The term “Affiliate” shall mean, with respect to any person or entityPerson, any other person Person directly or entity which controlsindirectly controlling, is controlled by, or is under common control with with, such person or entity within Person where “control” shall have the meaning of Section 414(b) or (c) given such term under Rule 405 of the Internal Revenue CodeSecurities Act of 1933, as amended. .
Appears in 2 contracts
Samples: Employment Agreement (MultiPlan Corp), Employment Agreement (MultiPlan Corp)
Affiliate. The term “Affiliate” shall meanmeans, with respect to any person or entityPerson, any other person Person directly or entity which controlsindirectly controlling, is controlled by, by or is under common control with such person or entity within Person, where “control” shall have the meaning ascribed to such term under Rule 405 promulgated under the Securities Act of Section 414(b) or (c) of the Internal Revenue Code1933, as amended.
Appears in 2 contracts
Samples: Agreement on Ideas, Inventions and Confidential Information (Local Insight Regatta Holdings, Inc.), Agreement on Ideas, Inventions and Confidential Information (Local Insight Regatta Holdings, Inc.)
Affiliate. The term An “Affiliate” shall mean, with respect to means any person or entity, any other person entity that directly or entity which indirectly controls, is controlled by, or is under common control with such person another Control shall mean beneficial ownership of 50.01% or entity within the meaning of Section 414(b) or (c) more of the Internal Revenue Codeoutstanding voting securities or other ownership interests.
Appears in 2 contracts
Samples: Executive Employment Agreement (Sun Energy Solar Inc), Executive Employment Agreement (Sun Energy Solar Inc)
Affiliate. The For purposes of this Agreement, the term “Affiliate” "affiliate" shall mean, with respect to any person or Person (including an entity), any other person Person that directly or entity which indirectly controls, is controlled by, or is under common control with such person or entity within the meaning of Section 414(b) or (c) of the Internal Revenue Code.Person in
Appears in 1 contract
Affiliate. The term For purposes of this Agreement, an “Affiliateaffiliate” shall meanis any legal entity or person controlling, with respect to any person or entity, any other person or entity which controls, is controlled by, or is under common control with such person with, another legal entity or entity within the meaning of Section 414(b) or (c) of the Internal Revenue Codeperson.
Appears in 1 contract
Affiliate. The term “Affiliate” shall mean, with respect to any person or entityPerson, (i) any other person Person that directly, or entity which indirectly through one or more intermediaries, controls, is controlled by, by or is under common control with such Person and (ii) with respect to any natural person or entity within individual, such Person’s immediate family members and any trust or family partnership for the meaning benefit of Section 414(b) such Person or (c) of the Internal Revenue Codesuch Person’s immediate family.
Appears in 1 contract
Samples: Merger Agreement (Entremed Inc)
Affiliate. The term “Affiliate” of an Entity shall mean, with respect to mean any person or entity, any other person or entity which controls, is controlled by, or is Person under common control with such person Entity or entity any of its Subsidiaries within the meaning of Section 414(b), Section 414(c), Section 414(m) or (cSection 414(o) of the Internal Revenue Code, and the regulations issued thereunder (regardless of whether the Code or such regulations are applicable to such Entity).
Appears in 1 contract
Samples: Business Combination Agreement (Applied Materials Inc /De)
Affiliate. The term “Affiliate” shall mean, with respect to any person or entity, any other person or entity which controlsthat, directly or indirectly through one or more intermediaries, Controls, is controlled by, Controlled by or is under common control Control with such person or entity within the meaning of Section 414(b) or (c) of the Internal Revenue Codeentity.
Appears in 1 contract
Affiliate. The term “Affiliate” shall mean, with respect to any person or specific entity, any other person entity that directly, or entity which indirectly through one or more of its intermediaries, controls, is controlled by, or is under the common control with with, such person or entity within the meaning of Section 414(b) or (c) of the Internal Revenue Codespecified entity.
Appears in 1 contract
Samples: Loan Participation Agreement (Fremont General Corp)
Affiliate. The term “Affiliate” shall mean, with respect to means any person or entityentity which, any other person directly or entity which indirectly, controls, is controlled by, or is under common control with with, such person or entity within the meaning of Section 414(b) or (c) of the Internal Revenue Codeentity.
Appears in 1 contract
Samples: Software as a Service Agreement
Affiliate. The term “"Affiliate” " shall mean, with respect to mean any person or entitylegal entity controlling, any other person controlled by or entity which controls, is controlled by, or is under common control with such that person or entity within legal entity. References to "control" in the preceding sentence shall have the meaning set forth in Rule 405 under the Securities Act of Section 414(b) or (c) of the Internal Revenue Code1933 and court decisions and Securities and Exchange Commission thereunder.
Appears in 1 contract
Affiliate. The term “Affiliate” shall mean, with respect to any person or entityPerson, any other person Person directly or entity which controlsindirectly controlling, is controlled by, or is under common control with with, such person or entity within Person where “control” shall have the meaning of Section 414(b) or (c) given such term under Rule 405 of the Internal Revenue CodeSecurities Act of 1933, as amended.
Appears in 1 contract
Affiliate. The term “"Affiliate” " shall mean, with respect to any person or entity, any other person or entity which controlsthat, directly or indirectly through one or more intermediaries, Controls, is controlled by, Controlled by or is under common control Control with such person or entity within the meaning of Section 414(b) or (c) of the Internal Revenue Codeentity.
Appears in 1 contract
Affiliate. The term “"Affiliate” " shall mean, with respect to any person or specific entity, any other person entity that directly, or entity which indirectly through one or more of its intermediaries, controls, is controlled by, or is under the common control with with, such person or entity within the meaning of Section 414(b) or (c) of the Internal Revenue Codespecified entity.
Appears in 1 contract
Affiliate. The term “"Affiliate” shall mean, with respect to " means any person or entityentity controlling, any other person controlled by or entity which controls, is controlled by, or is under common control or ownership with such person or entity within the meaning of Section 414(b) or (c) of the Internal Revenue Codea party hereto.
Appears in 1 contract
Affiliate. The term “"Affiliate” " shall mean, with respect to any person or entity, any other person mean a corporation or entity which controls, is of any type directly or indirectly controlling or controlled by, or is under direct or indirect common control with such person or entity with, the Bank, within the meaning of Section 414(b) or (c) Rule 144 under the Securities Act of the Internal Revenue Code1933, as amended.
Appears in 1 contract
Samples: Executive Supplemental Compensation Agreement (North Bay Bancorp/Ca)