Common use of Controlled Group Clause in Contracts

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the Borrower, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 of ERISA.

Appears in 11 contracts

Samples: Credit Agreement (Cybex International Inc), Credit Agreement (Interpool Inc), Credit Agreement (Moore Handley Inc /De/)

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Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the BorrowerCompany, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 of ERISA.

Appears in 7 contracts

Samples: Secured Revolving Credit Agreement (Picturetel Corp), Revolving Credit and Security Agreement (Biosepra Inc), Revolving Credit Agreement (Essex County Gas Company)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the Borrower, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 400l of ERISA.

Appears in 5 contracts

Samples: Revolving Credit and Term Loan Agreement (Open Link Financial, Inc.), Revolving Credit and Term Loan Agreement (Open Link Financial, Inc.), Revolving Credit Agreement (Ross Stores Inc)

Controlled Group. All trades or businesses (whether or not incorporated) ---------------- under common control that, together with the BorrowerCompany, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 of ERISA.

Appears in 5 contracts

Samples: Credit Agreement (Excel Switching Corp), Credit Agreement (Excel Inc), Credit Agreement (Excel Switching Corp)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the Borrower, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 40001 of ERISA. Copyright Office. The United States Copyright and Trademark Office or any other federal government agency which may hereafter perform its functions.

Appears in 4 contracts

Samples: Credit Agreement (Pegasus Communications Corp), Credit Agreement (Acme Television LLC), Credit Agreement (Acme Intermediate Holdings LLC)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the BorrowerCredit Parties, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 of ERISA.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Biosphere Medical Inc), Credit and Security Agreement (Dewolfe Companies Inc)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the Borrower, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 of ERISA.

Appears in 2 contracts

Samples: Credit Agreement (Network Peripherals Inc), Term Loan Agreement (Fibercore Inc)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the Borrower, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 of ERISA. Credit Line Advance. See Section 2.2.

Appears in 2 contracts

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

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the Borrower, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 40001 of ERISA. COPYRIGHT OFFICE. The United States Copyright and Trademark Office or any other federal government agency which may hereafter perform its functions.

Appears in 1 contract

Samples: Credit Agreement (Midway Airlines Corp)

Controlled Group. All trades or businesses (whether or not ---------------- incorporated) under common control that, together with the Borrower, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 400l of ERISA.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Wm Acquisition Inc)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the BorrowerCredit Parties, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 of ERISA. Corporate Affiliate. As applied to any Person, any corporation, association, firm or other entity directly or indirectly controlling, controlled by or under direct or indirect common control with such Person.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sepracor Inc /De/)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the BorrowerCompany, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 400l of ERISA.

Appears in 1 contract

Samples: Loan and Security Agreement (Object Design Inc)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the BorrowerBorrowers, are treated as a single employer under Section ss. 414(b) or 414(c) of the Code or Section ss. 4001 of ERISA.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sunglass Hut International Inc)

Controlled Group. All trades or businesses (whether or not incorporated) ---------------- under common control that, together with the Borrower, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 of ERISA.

Appears in 1 contract

Samples: Revolving Credit Agreement (Ameriquest Technologies Inc)

Controlled Group. All trades or businesses (whether or not ---------------- incorporated) under common control that, together with the Borrower, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 40001 of ERISA.

Appears in 1 contract

Samples: Credit Agreement (Voyager Net Inc)

Controlled Group. All trades or businesses (whether or not incorporated) ---------------- under common control that, together with the Borrower, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 40001 of ERISA.

Appears in 1 contract

Samples: Credit Agreement (Voyager Net Inc)

Controlled Group. All trades or businesses (whether or not ---------------- incorporated) under common control that, together with the BorrowerCompany, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 of ERISA.

Appears in 1 contract

Samples: Revolving Credit Agreement (Tier Technologies Inc)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with any member of the BorrowerBorrower Affiliated Group, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 400l of ERISA.

Appears in 1 contract

Samples: Revolving Credit Agreement (Unicco Service Co)

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Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the BorrowerCompany, are treated as a single employer under Section 414(b) or 414(c414 (c) of the Code or Section 4001 of ERISA.

Appears in 1 contract

Samples: Credit Agreement (Brookstone Inc)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with B&N or any other member of the BorrowerBorrower Affiliated Group, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 400l of ERISA.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Barnes & Noble Inc)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the BorrowerMac-Gray, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 400l of ERISA.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Mac-Gray Corp)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the BorrowerBorrowers, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 of ERISA.

Appears in 1 contract

Samples: Revolving Credit Agreement (Interpool Inc)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the BorrowerCredit Parties, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 of ERISA. CORPORATE AFFILIATE. As applied to any Person, any corporation, association, firm or other entity directly or indirectly controlling, controlled by or under direct or indirect common control with such Person.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sepracor Inc /De/)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the BorrowerMac-Gray, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 of ERISA.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Mac-Gray Corp)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the Borrower, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 40001 of ERISA. COPYRIGHT OFFICE. The United States Copyright Office or any other federal government agency which may hereafter perform its functions.

Appears in 1 contract

Samples: Credit Agreement (Teletrac Inc /De)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the BorrowerBORROWER, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 of ERISA.

Appears in 1 contract

Samples: Loan Agreement (Galileo Corp)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the BorrowerBorrower or any other member of the Borrower Affiliated Group, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 of ERISA.

Appears in 1 contract

Samples: Revolving Credit Agreement (Barnes & Noble Inc)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the BorrowerCompany, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 of ERISA. Credit Participants. See Section 9.3 hereof.

Appears in 1 contract

Samples: Credit Agreement (Brookstone Inc)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the Borrower, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 of ERISA.4001(b)

Appears in 1 contract

Samples: Credit Agreement (Ust Inc)

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