CONTROL OF RELATED BUSINESSES. Except as set forth in Schedule 3.07, the Stockholder is not, alone or with one or more other Persons, the controlling Affiliate of any Entity, business or trade (other than the Company and the Company Subsidiaries, if the Stockholder is an Affiliate of the Company) that (a) is engaged in any line of business which is the same as or similar to the Business in which the Company or any Company Subsidiary is engaged or (b) is, or has within the three-year period ending on the date of this Agreement, engaged in any transaction with the Company or any Company Subsidiary, except for transactions in the ordinary course of business of the Company or that Company Subsidiary.
CONTROL OF RELATED BUSINESSES. Except as accurately set forth in ----------------------------- Schedule 3.7, the Class A-E Members are not, alone or with one or more other Related Persons, the controlling Affiliate of, or have an equity interest in, any Entity, business, or trade (other than Genesis Merchant Group, L.P., GMG, Inc. and GMG Seneca L.P.) that
(a) is engaged in any line of business that is the same as or similar to the business of Genesis or JWCFS, as described in the recitals to this Agreement, or (b) is, or has within the three-year period ending on the date of this Agreement, engaged in any transaction with Genesis or any Genesis Subsidiary.
CONTROL OF RELATED BUSINESSES. Except as the Disclosure Memorandum sets forth, the Company Shareholder is not, alone or with one or more other Persons, the controlling Affiliate of any Entity, business or trade (other than the Company or any Entity the Company includes, if the Company Shareholder is an Affiliate of any thereof) that (i) is engaged in any line of business which is the same as or similar to any line of business in which the Company or any Entity the Company includes is engaged, or (ii) is, or has within the three (3) year period ending on the date of this Agreement, engaged in any transaction with an Entity the Company includes, except for transactions in the ordinary course of business of that Entity.
CONTROL OF RELATED BUSINESSES. Each Seller Party is not, alone or with one or more other Persons, an Affiliate of any Entity that operates or owns a business or trade (other than the Business) that (a) is engaged in any line of business which is the same as or similar to the Business or (b) is a party to any existing Contract with any Operational Seller.
CONTROL OF RELATED BUSINESSES. Except as disclosed on SCHEDULE 2.26, none of the Sellers, Mark X. Xxxxxxx, Xxomxx X. Xxxxxxxx, xxther directly or together with other Persons, operates or owns a business or trade (other than the Company and Mandara Spa LLC and their respective Affiliates and subsidiaries) that (a) is engaged in any line of business which is the same as or substantially similar to the Business, or (b) is party to any existing Contract with the Company.
CONTROL OF RELATED BUSINESSES. Except as accurately set forth in Schedule 3.08, the Selling Stockholder is not, alone or with one or more other Persons, the controlling Affiliate of, or has an equity interest in, any Entity, business, or trade (other than the Company and the Company Subsidiaries, if the Stockholder is an Affiliate of the Company) that (a) is engaged in any line of business that is the same as or similar to the Business of the Company or IDG, or (b) is, or has within the three-year period ending on the date of this Merger Agreement, engaged in any transaction with the Company or any Company Subsidiary.
CONTROL OF RELATED BUSINESSES. Except as accurately set forth in Schedule 3.6, the Stockholder is not, alone or with one or more other persons, an affiliate (an "Affiliate") (within the meaning of Rule 12b-2 of the General Rules and Regulations under the Securities Exchange Act of 1934, as amended (the "1934 Act")) of any entity, business or trade (other than the Company and subsidiaries of the Company) that (a) is engaged in any line of business which is the same as or similar to any line of business in which the Company or any subsidiary of the Company is engaged (the "Business") or (b) is, or has within the three-year period ending on the date of this Agreement, engaged in any transaction or been a party to any agreement with the Company or any subsidiary of the Company.
CONTROL OF RELATED BUSINESSES. Except as accurately set forth in Schedule 3.07 of the Disclosure Statement, the Owner is not, alone or with one or more other Persons, the controlling Affiliate of any Entity, business or trade (other than the Business) that (a) is engaged in any line of business which is the same as or similar to the Business or (b) is, or has within the three-year period ending on the date of this Agreement, engaged in any transaction with the Business, except for transactions in the ordinary course of business of the Business.
CONTROL OF RELATED BUSINESSES. Except as set forth in Schedule 2.06, the Stockholder is not, alone or with one or more other Persons, the Controlling Affiliate of any Entity, business or trade (other than OSI if the Stockholder is an Affiliate of OSI) that (a) is engaged in any line of business which is the same as or similar to any line of business in which OSI is engaged or (b) is, or has within the three-year period ending on the date of this Agreement, engaged in any transaction with OSI, except for transactions in the ordinary course of business of OSI.
CONTROL OF RELATED BUSINESSES. Except as accurately set forth in SCHEDULE 3.7, neither the Stockholder nor such MTM Stockholder is, alone or with one or more other Persons, the controlling Affiliate of any Entity, business or trade (other than the Company) that (a) is engaged in any line of business which is the same as or similar to any line of business in which the Company is engaged or (b) is, or has within the three-year period ending on the date of this Agreement, engaged in any transaction or been a party to any agreement with the Company.
