ERISA Affiliate. ERISA Affiliate" shall mean any Person that is, was or would be treated as a single employer with any of the Specified Entities under Section 414 of the Code.
Appears in 5 contracts
Samples: Asset Purchase Agreement (Electric Tractor Corp.), Asset Purchase Agreement (Electric Tractor Corp.), Asset Purchase Agreement (Aura Systems Inc)
ERISA Affiliate. For purposes of this Section 3.15, the term "ERISA Affiliate" shall mean any Person that is, was means each trade or would be business (whether or not incorporated) which together with the Company is treated as a single employer with any of the Specified Entities under Section 414 414(b), (c), (m) or (o) of the Code.
Appears in 5 contracts
Samples: Agreement and Plan of Reorganization (Newpark Resources Inc), Reorganization Agreement (Newpark Resources Inc), Agreement and Plan of Reorganization (Newpark Resources Inc)
ERISA Affiliate. “ERISA Affiliate" ” shall mean any Person that is, was or would be who is treated as a single employer along with any of the Specified Entities under Seller pursuant to Section 414 414(b) or (c) of the Code.
Appears in 5 contracts
Samples: Option Agreement (Oclaro, Inc.), Asset Purchase Agreement (Oclaro, Inc.), Asset Purchase Agreement (Ii-Vi Inc)
ERISA Affiliate. “ERISA Affiliate" ” shall mean any Person that isthat, together with the Company, is or was or would be at any time treated as a single employer with any of the Specified Entities under Section 414 of the CodeCode or Section 4001 of ERISA and any general partnership of which the Company is or has been a general partner.
Appears in 4 contracts
Samples: Agreement and Plan of Merger and Reorganization (Rovi Corp), Merger Agreement (Green Mountain Coffee Roasters Inc), Merger Agreement (Diedrich Coffee Inc)
ERISA Affiliate. ERISA Affiliate" shall mean any Person that isAny entity (whether or not incorporated) which is or was, was or would be together with the Company, treated as a single employer with any of the Specified Entities under Section 414 section 414(b), (c), (m), or (o) of the Code.
Appears in 4 contracts
Samples: Merger Agreement (Associated Banc-Corp), Merger Agreement (State Financial Services Corp), Merger Agreement (Associated Banc-Corp)
ERISA Affiliate. “ERISA Affiliate" ” shall mean any Person that is, was or would be treated as a single employer with any of the Specified Entities Company under Section 414 4001 of ERISA or Section 414(b), (c), (m) or (o) of the Code.
Appears in 3 contracts
Samples: Merger Agreement (Efj Inc), Stock Purchase Agreement (Shumate Industries Inc), Merger Agreement (Bea Systems Inc)
ERISA Affiliate. “ERISA Affiliate" ” shall mean any Person that isCompany Subsidiary or any entity (whether or not incorporated) other than the Company or any Company Subsidiary that, was or would together with the Company, is required to be treated as a single employer with any of the Specified Entities under Section 414 414(b), (c), (m) or (o) of the Code.
Appears in 3 contracts
Samples: Merger Agreement (Biosite Inc), Merger Agreement (Beckman Coulter Inc), Merger Agreement (Biosite Inc)
ERISA Affiliate. “ERISA Affiliate" ” shall mean any a Person that is, was or would be treated aggregated with another Person as a single employer with under any of the Specified Entities under Section 414 Sections 414(b), 414(c), 414(m), or 414(o) of the Code.
Appears in 3 contracts
Samples: Merger Agreement (Westell Technologies Inc), Stock and Membership Interest Purchase Agreement (E-Waste Systems, Inc.), Stock Purchase Agreement (Isonics Corp)
ERISA Affiliate. “ERISA Affiliate" ” shall mean mean, with respect to any Person, any other Person that that, together with such first Person, is, was or would be at the relevant time be, treated as a single employer with any within the meaning of Section 414(b), (c), (m) or (o) of the Specified Entities under Section 414 Internal Revenue Code of the Code1986, as amended.
Appears in 2 contracts
Samples: Merger Agreement (Cti Biopharma Corp), Merger Agreement (Cti Biopharma Corp)
ERISA Affiliate. ERISA Affiliate" shall mean any Person that is, was or would be treated as a single employer with any of the Specified Entities Companies under Section 414 of the Code.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Titan Corp), Stock and Asset Purchase Agreement (Molecular Devices Corp)
ERISA Affiliate. ERISA Affiliate" shall mean any Person that is, was or would be treated as a single employer with any of the Specified Entities Assist under Section 414 of the Code.
Appears in 2 contracts
Samples: Stock Exchange and Stock Purchase Agreement (Cayenta Inc), Stock Exchange and Stock Purchase Agreement (Titan Corp)
ERISA Affiliate. “ERISA Affiliate" ” shall mean any Person that is, was or would be treated as a single employer with any of the Specified Entities under Section 414 of the Code.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Renovis Inc), Asset Contribution Agreement (Ndchealth Corp)
ERISA Affiliate. “ERISA Affiliate" ” shall mean any Person employers, whether or not incorporated, that is, was or would be treated together with any Acquired Corporation as a single employer with any within the meaning of the Specified Entities under Section 414 of the Code.
Appears in 1 contract
Samples: Merger Agreement (Amgen Inc)
ERISA Affiliate. “ERISA Affiliate" ” shall mean mean, with respect to the Company, any Person that isother person or entity that, was or together with the Company, would be treated as a “single employer with any of the Specified Entities employer” under Code Sections 414(b), (c), (m) or (o) or ERISA Section 414 of the Code4001.
Appears in 1 contract
Samples: Stock Purchase Agreement (Ameron International Corp)
ERISA Affiliate. “ERISA Affiliate" ” shall mean means any Person that isthat, was or together with any of the Acquired Corporations, at any relevant time would be treated as a single employer with any of the Specified Entities under Section 414 of the Code.
Appears in 1 contract
Samples: Merger Agreement (IVERIC Bio, Inc.)
ERISA Affiliate. The term “ERISA Affiliate" ” shall mean any Person that is, at any relevant time is or was or would be treated as considered a single employer with any of the Specified Entities under Section 414 of the Code.
Appears in 1 contract
ERISA Affiliate. “ERISA Affiliate" ” shall mean any Person that isperson, was trade or business, that, together with the Acquired Companies, would be treated as a single employer with any of the Specified Entities under Section 414 of the CodeCode § 414.
Appears in 1 contract
ERISA Affiliate. “ERISA Affiliate" shall mean the Company and any Person that is, was trade or would be business (whether or not incorporated) which is treated as a single employer with any the Company within the meaning of the Specified Entities under Section 414 414(b), (c), (m) or (o) of the Code.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (MIGENIX Inc.)
ERISA Affiliate. For purposes of this Section 3.15, the term "ERISA Affiliate" shall mean any Person that is, was means each trade or would be business (whether or not incorporated) which together with the Companies are treated as a single employer with any of the Specified Entities under Section 414 414(b), (c), (m) or (o) of the Code.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Newpark Resources Inc)
ERISA Affiliate. “ERISA Affiliate" ” shall mean any Person that is, was or would be Entity which is treated as a single employer with any of the Specified Entities Tenant under Section 414 of the CodeIRC.
Appears in 1 contract
Samples: Master Lease of Land and Improvements (Adobe Systems Inc)
ERISA Affiliate. “ERISA Affiliate" ” shall mean any Person that is, was or would be treated as or, at any relevant time, would have been considered a single employer with any of the Specified Entities Company under Section 414 of the CodeCode or ERISA.
Appears in 1 contract
ERISA Affiliate. “ERISA Affiliate" ” shall mean any each Person that is, was or would be treated as a single employer entity under common control with Seller or any of its subsidiaries within the Specified Entities under meaning of Section 414 of the Code.
Appears in 1 contract
ERISA Affiliate. ERISA Affiliate" shall mean any Person that is, was or would be treated as a single employer with any of the Specified Entities Selling Shareholder or Digitrans under Section 414 of the Code.
Appears in 1 contract
Samples: Stock Purchase Agreement (Terayon Communication Systems)
ERISA Affiliate. ERISA Affiliate" shall mean any Person that is, was or would be treated as a single employer with any of the Specified Entities Company under Section 414 4001 of ERISA or Section 414(b), (c), (m) or (o) of the Code.
Appears in 1 contract
Samples: Merger Agreement (Cybersource Corp)
ERISA Affiliate. “ERISA Affiliate" ” shall mean any Person that isthat, together with the Company, is or was or would be at any time treated as a single employer with any of the Specified Entities under Section 414 of the CodeCode or Section 4001 of ERISA and any general partnership of which any Acquired Corporation is or has been a general partner.
Appears in 1 contract
ERISA Affiliate. “ERISA Affiliate" ” shall mean any Person that is, was or would be treated as a single employer with any of the Specified Entities Company under Section 414 of the Code.
Appears in 1 contract
Samples: Membership Interests Purchase Agreement (Saba Software Inc)
ERISA Affiliate. “ERISA Affiliate" ” shall mean any Person that is, was or would be treated as a single employer with any of the Specified Entities Seller under Section 414 of the Code.
Appears in 1 contract
Samples: Asset Purchase Agreement (Integrated Surgical Systems Inc)
ERISA Affiliate. “ERISA Affiliate" shall mean ” of any Person that isentity means any other entity that, was or together with such entity, would be treated as a single employer with any of the Specified Entities under Section 414 of the Code.
Appears in 1 contract
ERISA Affiliate. “ERISA Affiliate" ” shall mean any Person person that is, was or for purposes of Title I and Title IV of ERISA and Section 412 of the Code would be treated as deemed at any relevant time to be a single employer with any the Company under Section 414(b), (c), (m) or (o) of the Specified Entities under Code or Section 414 4001 of the CodeERISA.
Appears in 1 contract
ERISA Affiliate. ERISA Affiliate" shall mean any Person that is, was or would be treated as entity which has ever been considered a single employer with any of the Specified Entities Seller under Section 414 4001(b) of ERISA or Section 414(b), (c), (m) or (o) of the Code...
Appears in 1 contract
Samples: Asset Purchase Agreement (Sunland Entertainment Co Inc)
ERISA Affiliate. “ERISA Affiliate" shall mean ” means any Person that is“person” (within the meaning of Section 3(9) of ERISA) that, was or together with MMG, would be treated as deemed a “single employer with any employer” within the meaning of the Specified Entities under Section 414 414(b), (c), (m) or (o) of the Code.
Appears in 1 contract
ERISA Affiliate. The term "ERISA Affiliate" shall mean any Person that is, was or would be which is treated as a single employer with any of the Specified Entities Company under Section 414 ss.414 of the Code.
Appears in 1 contract
Samples: Securities Purchase Agreement (Gabriel Communications Inc /De/)