Controlled Group. For purposes of this Agreement, “Controlled Group” shall mean a group including any corporation or other business entity that from time to time is, along with the Company, a member of a controlled group of businesses, as defined in sections 414(b) and 414(c) of the Code, provided that the language “at least 50 percent” shall be used instead of “at least 80 percent” each place it appears in such test. A corporation or other business entity ceases to be a member of the Controlled Group when a sale or other disposition causes it to fall outside the definition of the term Controlled Group.
Appears in 7 contracts
Samples: Change of Control Agreement (EDGEWELL PERSONAL CARE Co), Change of Control Agreement (EDGEWELL PERSONAL CARE Co), Change of Control Agreement (EDGEWELL PERSONAL CARE Co)
Controlled Group. For purposes of this Agreement, The term “Controlled Group” shall mean a group including any corporation or other business entity that from time to time is, along with the Company, a member all members of a controlled group of businessescorporations and all trades or businesses (whether or not incorporated) under common control which, together with Loan Recipient, are treated as defined in sections 414(b) and 414(c) a single employer under Section 414 of the Code, provided that the language “at least 50 percent” shall be used instead of “at least 80 percent” each place it appears in such test. A corporation or other business entity ceases to be a member of the Controlled Group when a sale or other disposition causes it to fall outside the definition of the term Controlled Group.
Appears in 3 contracts
Samples: Loan Agreement (Capricor Therapeutics, Inc.), Loan Agreement (Stemcells Inc), Loan Agreement (Stemcells Inc)
Controlled Group. For purposes of this Agreement, “Controlled Group” shall mean a group including any corporation or means the Company and each other business entity that from time to time is, along with the Company, a member of a the controlled group of businesses, as defined in sections 414(b) and 414(c) of the Code, provided that the language “at least 50 percent” shall be used instead of “at least 80 percent” each place it appears in such test. A corporation corporations or other business entity ceases entities under common control to be which the Company belongs for purposes of determining whether a member of separation from service has occurred pursuant to Code Section 409A and the Controlled Group when a sale or other disposition causes it to fall outside the definition of the term Controlled Groupregulations promulgated thereunder.
Appears in 1 contract
Samples: Executive Retention Bonus Agreement (Wausau Paper Corp.)
Controlled Group. For purposes of this Agreement, “Controlled Group” shall mean a group including any corporation or other business entity that from time to time is, along with means the Company, a the Parent, and each other member of a the controlled group of businesses, as defined in sections 414(b) and 414(c) of the Code, provided that the language “at least 50 percent” shall be used instead of “at least 80 percent” each place it appears in such test. A corporation corporations or other business entity ceases entities under common control to be which the Company belongs for purposes of determining whether a member of separation from service has occurred pursuant to Code Section 409A and the Controlled Group when a sale or other disposition causes it to fall outside the definition of the term Controlled Groupregulations promulgated thereunder.
Appears in 1 contract
Samples: Executive Retention Bonus and Severance Agreement (Wausau Paper Corp.)
Controlled Group. For purposes of this Amended Agreement, “Controlled Group” shall mean a group including any corporation or other business entity that from time to time is, along with the Company, a member of a controlled group of businesses, as defined in sections section 414(b) and 414(c) of the Code, or a member of an affiliated service group, as defined in sectin 414(m) of the Code, provided that the language “at least 50 percent” shall be used instead of “at least 80 percent” each place it appears in such test. A corporation or other business entity ceases to be a member of the Controlled Group when a sale or other disposition causes it to fall outside the definition of the term Controlled Group.
Appears in 1 contract
Samples: Change of Control Employment Agreement (Energizer Holdings Inc)
Controlled Group. For purposes of this Amended Agreement, “Controlled Group” shall mean a group including any corporation or other business entity that from time to time is, along with the Company, a member of a controlled group of businesses, as defined in sections 414(b) and 414(c) of the Code, provided that the language “at least 50 percent” shall be used instead of “at least 80 percent” each place it appears in such test. A corporation or other business entity ceases to be a member of the Controlled Group when a sale or other disposition causes it to fall outside the definition of the term Controlled Group.
Appears in 1 contract
Samples: Change of Control Employment Agreement (Energizer Holdings Inc)