Common use of Definition of Affiliate Clause in Contracts

Definition of Affiliate. For purposes of this Agreement, with respect to any person or entity, an “Affiliate” of such person or entity shall mean all other persons or entities with which the person or entity would be aggregated and treated as a single employer under Code Section 414(b) (controlled group of corporations) and Code Section 414(c) (group of trades or businesses under common control), as applicable.

Appears in 4 contracts

Samples: Retention Payment Agreement (Contango ORE, Inc.), Retention Payment Agreement, Retention Payment Agreement (Contango ORE, Inc.)

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Definition of Affiliate. For purposes of this Section 7 and this entire Agreement, with respect to any person or entityAffiliate” means an individual, a partnership, a corporation, a limited liability company, an “Affiliate” of such person association, a joint stock company, a trust, a joint venture, or entity shall mean all other persons an unincorporated organization, that directly, or entities with which the person indirectly through one or entity would be aggregated and treated as a single employer under Code Section 414(b) (more intermediaries, controls, or is controlled group of corporations) and Code Section 414(c) (group of trades by, or businesses is under common control)control with, as applicablethe Company.

Appears in 3 contracts

Samples: Change of Control Severance, Confidentiality and Non Solicitation Agreement (General Moly, Inc), Change of Control Severance, Confidentiality and Non Solicitation Agreement (General Moly, Inc), Change of Control Severance, Confidentiality and Non Solicitation Agreement (General Moly, Inc)

Definition of Affiliate. For purposes of this AgreementSection 3.12 only, with respect to any person or entity, an “Affiliate” means any other Person under common control with the Company within the meaning of such person or entity shall mean all other persons or entities with which the person or entity would be aggregated and treated as a single employer under Code Section 414(b) (controlled group of corporations) and Code Section 414(c) (group of trades or businesses under common control), as applicable(c), (m) or (o) of the Code and the regulations issued thereunder.

Appears in 2 contracts

Samples: Merger Agreement (At&t Inc.), Merger Agreement (Superclick Inc)

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Definition of Affiliate. For purposes of this Agreement, with respect to the term "Affiliate" shall mean and include all Shareholders, directors and officers of Company; the spouse of any such person; any person who would be the heir or entity, an “Affiliate” descendant of any such person if he or she were not living; and any entity shall mean all other persons in which any of the foregoing has a direct or entities with which indirect interest, except through ownership of less than 5% of the person outstanding shares of any entity whose securities are listed on a national securities exchange or entity would be aggregated and treated as a single employer under Code Section 414(b) (controlled group of corporations) and Code Section 414(c) (group of trades or businesses under common control), as applicabletraded in the national over-the-counter market.

Appears in 1 contract

Samples: Stock Purchase Agreement (Pentair Inc)

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