Certain Definitions and Interpretations. (a) As used in this Agreement the following terms when used herein will have the respective meanings set forth below: “Affiliate” and “Associate” (and any plurals thereof) have the meanings ascribed to such terms under Rule 12b-2 promulgated by the SEC under the Exchange Act and shall include all persons or entities that at any time during the Standstill Period become Affiliates or Associates of any applicable person or entity referred to in this Agreement; provided, however, that the term “Associate” shall refer only to Associates controlled by the Company or the members of the Investor Group, as applicable; provided, further, that, for purposes of this Agreement, the members of the Investor Group shall not be Affiliates or Associates of the Company and the Company shall not be an Affiliate or Associate of the members of the Investor Group.
Appears in 2 contracts
Samples: Cooperation Agreement (Anika Therapeutics, Inc.), Cooperation Agreement (Anika Therapeutics, Inc.)
Certain Definitions and Interpretations. (a) As used in this Agreement the following terms when used herein will have the respective meanings set forth below: “Affiliate” and “Associate” (and any plurals thereof) have the meanings ascribed to such terms under Rule 12b-2 promulgated by the SEC under the Exchange Act and shall include all persons or entities that at any time during before the Standstill Period 2023 Annual Meeting become Affiliates or Associates of any applicable person or entity referred to in this Agreement; provided, however, that the term “Associate” shall refer only to Associates controlled by the Company or the members of the Investor Group, as applicable; provided, further, that, for purposes of this Agreement, the members of the Investor Group shall not be Affiliates or Associates of the Company and the Company shall not be an Affiliate or Associate of the members of the Investor Group.
Appears in 1 contract
Samples: Cooperation Agreement (WisdomTree Investments, Inc.)
Certain Definitions and Interpretations. (a) As used in this Agreement Agreement: (a) the following terms when used herein will have the respective meanings set forth below: “Affiliate” and “Associate” (and any plurals thereof) have the meanings ascribed to such terms under Rule 12b-2 promulgated by the SEC under the Exchange Act and shall include all persons or entities that at any time during the Standstill Period become Affiliates or Associates of any applicable person or entity referred to in this Agreement; provided, however, that the term “Associate” shall refer only to Associates controlled by the Company or the members of the Investor Group, as applicable; provided, further, that, for purposes of this Agreement, the members of the Investor Group shall not be Affiliates or Associates of the Company and the Company shall not be an Affiliate or Associate of any of the members of the Investor Group.; (b) the term “Annual Meeting” means an annual meeting of shareholders of the Company and any adjournment,
Appears in 1 contract
Samples: Settlement Agreement (Big Lots Inc)