Common use of Company Affiliate Clause in Contracts

Company Affiliate. “Company Affiliate” shall mean any Person under common control with the Company within the meaning of Sections 414(b), (c), (m) and (o) of the Code, and the regulations issued thereunder.

Appears in 9 contracts

Samples: Merger Agreement (Dot Hill Systems Corp), Merger Agreement (St. Bernard Software, Inc.), Agreement and Plan of Merger and Reorganization (Entropic Communications Inc)

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Company Affiliate. “Company Affiliate” shall mean any Person under common control with any of the Company Acquired Corporations within the meaning of Sections 414(b), (c), (m) and (o) of the Code, and the regulations issued thereunder.

Appears in 9 contracts

Samples: Merger Agreement (Rae Systems Inc), Merger Agreement (Rae Systems Inc), Merger Agreement (Ipass Inc)

Company Affiliate. “Company Affiliate” shall mean any Person under common control with any of the Company Acquired Corporations within the meaning of Sections Section 414(b), (cSection 414(c), (mSection 414(m) and (oor Section 414(o) of the Code, and the regulations issued thereunder.

Appears in 6 contracts

Samples: Merger Agreement (Ebay Inc), Merger Agreement (Gsi Commerce Inc), Merger Agreement (Ebay Inc)

Company Affiliate. “Company Affiliate” shall mean any Person under common control with any of the Company Target Companies within the meaning of Sections Section 414(b), (cSection 414(c), (mSection 414(m) and (oor Section 414(o) of the Code, and the regulations issued thereunder.

Appears in 5 contracts

Samples: Merger Agreement (AutoWeb, Inc.), Employment Agreement (AutoWeb, Inc.), Merger Agreement (La Jolla Pharmaceutical Co)

Company Affiliate. Company Affiliate" shall mean any Person under common control with any of the Company Acquired Corporations within the meaning of any of Sections 414(b), (c414(c), (m414(m) and (o414(o) of the Code, and the regulations issued thereunder.

Appears in 3 contracts

Samples: Merger Agreement (Gilead Sciences Inc), Merger Agreement (Triangle Pharmaceuticals Inc), Merger Agreement (Triangle Pharmaceuticals Inc)

Company Affiliate. Company Affiliate" shall mean any Person under common control with any of the Company Acquired Corporations within the meaning of Sections Section 414(b), (cSection 414(c), (mSection 414(m) and (oor Section 414(o) of the Code, and the regulations issued thereunder.

Appears in 3 contracts

Samples: Merger Agreement (Adobe Systems Inc), Merger Agreement (Macromedia Inc), Merger Agreement (Adobe Systems Inc)

Company Affiliate. “Company Affiliate” shall mean any Person under common control with any of the Company Opnext Corporations within the meaning of Sections Section 414(b), (cSection 414(c), (mSection 414(m) and (oor Section 414(o) of the Code, and the regulations issued thereunder.

Appears in 2 contracts

Samples: Merger Agreement (Opnext Inc), Merger Agreement (Oclaro, Inc.)

Company Affiliate. Company Affiliate" shall mean any Person under common control with any of the Company Acquired Corporations within the meaning of Sections 414(b), (c), (m) and (o) of the Code, and the regulations issued thereunder.

Appears in 1 contract

Samples: Merger Agreement (Virtgame Com Corp)

Company Affiliate. “Company Affiliate” shall mean any Person under common control with any of the Company API Corporations within the meaning of Sections Section 414(b), (cSection 414(c), (mSection 414(m) and (oor Section 414(o) of the Code, and the regulations issued thereunder.

Appears in 1 contract

Samples: Merger Agreement (Luna Innovations Inc)

Company Affiliate. “Company Affiliate” shall mean any Person under common control with the Company an Acquired Corporation within the meaning of Sections 414(b), (c), (m) and (o) of the U.S. Code, and the regulations issued thereunder.

Appears in 1 contract

Samples: Share Purchase Agreement (Rackable Systems, Inc.)

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Company Affiliate. “Company Affiliate” shall mean any Person under common control with the Company an Acquired Corporation within the meaning of Sections 414(b), (c), (m) and (o) of the Code, and the regulations issued thereunder.

Appears in 1 contract

Samples: Merger Agreement (Quest Software Inc)

Company Affiliate. “Company Affiliate” shall mean any Person under common control with any of the Company within the meaning of Sections Section 414(b), (cSection 414(c), (mSection 414(m) and (oor Section 414(o) of the Code, and the regulations issued thereunder.

Appears in 1 contract

Samples: Merger Agreement (Transwitch Corp /De)

Company Affiliate. Company Affiliate" shall mean any Person under common control with the Company within the meaning of Sections 414(b), (c), (m) and (o) of the Code, and the regulations issued thereunder.

Appears in 1 contract

Samples: Merger Agreement (Digitalthink Inc)

Company Affiliate. “Company Affiliate” shall mean any Person under common control with any of the Company Acquired Corporations within the meaning of Sections 414(b), (c), (m) and (o) of the Code, and the regulations issued thereunder.

Appears in 1 contract

Samples: Merger Agreement (Foundry Networks Inc)

Company Affiliate. “Company Affiliate” shall mean any Person under common control with any of the Company Acquired Corporations or required to be aggregated with any of the Acquired Corporations within the meaning of Sections Section 414(b), (cSection 414(c), (mSection 414(m) and (oor Section 414(o) of the Code, and the regulations issued thereunder.

Appears in 1 contract

Samples: Merger Agreement (Nuvelo Inc)

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