Common use of ERISA Affiliate Clause in Contracts

ERISA Affiliate. “ERISA Affiliate” shall mean any entity which is (or at any relevant time was) a member of a “controlled group of corporations” with, under “common control” with, or a member of an “affiliated service group” with, Seller, as defined in Section 414(b), (c), (m) or (o) of the Code, or under “common control” with Seller, within the meaning of Section 4001(b)(1) of ERISA.

ERISA Affiliate. “ERISA Affiliate” " shall mean any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” " with, under “"common control” " with, or a member of an “"affiliated service group” " with, Seller, Rio as defined in Section 414(b), (c), (m) or (o) of the Code, Code or under “common control” with Seller, within the meaning any partnership of Section 4001(b)(1) which Rio or any of ERISAits Subsidiaries is a general partner.

ERISA Affiliate. “ERISA Affiliate” " shall mean any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” " with, under “"common control” " with, or a member of an “"affiliated service group” " with, Seller, the Company as defined in Section 414(b), (c), (m) or (o) of the Code, or under “common control” with Seller, within the meaning of Section 4001(b)(1) of ERISA.

ERISA Affiliate. “ERISA Affiliate” " shall mean any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” " with, under “"common control” " with, or a member of an “"affiliated service group” " with, Seller, Harveys as defined in Section 414(b), (c), (m) or (o) of the Code, Code or under “common control” with Seller, within the meaning any partnership of Section 4001(b)(1) which Harveys or any of ERISAits Subsidiaries is a general partner.

ERISA Affiliate. “ERISA Affiliate” " shall mean any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” " with, under “"common control” " with, or a member of an “"affiliated service group” " with, Seller, Seller as defined in Section 414(b), (c), (m) or (o) of the Code, or under “common control” with Seller, within the meaning of Section 4001(b)(1) of ERISA.

ERISA Affiliate. “ERISA Affiliate” " shall mean any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” " with, under “"common control” " with, or a member of an “"affiliated service group” " with, Seller, Showboat as defined in Section 414(b), (c), (m) or (o) of the Code, Code or under “common control” with Seller, within the meaning any partnership of Section 4001(b)(1) which Showboat or any of ERISAits Subsidiaries is a general partner.

ERISA Affiliate. “ERISA Affiliate” " shall mean any entity entity, whether or not incorporated, which is (or at any relevant time was) a member of a “"controlled group of corporations” with, under “common control” with, " with the Company or a member of an “affiliated service group” with, Seller, as defined in Section 414(b), (c), (m) or (o) of the Code, or under “common control” with Seller, its Subsidiary within the meaning of Section 4001(b)(1414(b) of ERISAthe Code or under "common control" with the Company or its Subsidiary as defined in Section 414(c) of the Code.

ERISA Affiliate. “ERISA Affiliate” shall mean mean, with respect to each Subject Company, any entity which is (or at any relevant time was) a member of a “controlled group of corporations” with, under “common control” with, with or a member of an “affiliated service group” with, Seller, as defined in Section 414(b), (c), (m) or (o) of the Code, or is under “common control” with Seller, within the meaning such Subject Company or any Subsidiary of Section 4001(b)(1such Subject Company as defined in section 414(b) or (c) of ERISAthe Code.

ERISA Affiliate. “ERISA Affiliate” " shall mean any entity Entity which is (or at any relevant time was) a member of a “"controlled group of corporations” " with, under “"common control” " with, or a member of an “"affiliated service group” " with, Seller, any Entity as defined in Section 414(b), (c), (m) or (o) of the Code, or under “common control” with Seller, within the meaning of Section 4001(b)(1) of ERISA.

ERISA Affiliate. “ERISA Affiliate” " shall mean any entity which is (is, or at any relevant applicable time was) , a member of (1) a “controlled group of corporations” with, under “common control” with, or a member of an “affiliated service group” with, Seller, corporations (as defined in Section 414(b), (c), (m) or (o) of the Code), (2) a group of trades or businesses under common control (as defined in Section 414(c) of the Code), or (3) an affiliated service group (as defined under “common control” with Seller, within the meaning of Section 4001(b)(1414(m) of ERISAthe Code or the regulations under Section 414(o) of the Code), any of which includes or included the Company.

ERISA Affiliate. “ERISA Affiliate” " shall mean any entity --------------- which is (or at any relevant time was) a member of a “"controlled group of corporations” with, " with or under “"common control” with, or a member of an “affiliated service group” with, Seller, " with Nestle S.A. as defined in Section 414(b), (c), (m) or (oc) of the Code, or under “common control” with Seller, within the meaning of Section 4001(b)(1) of ERISA.

ERISA Affiliate. “The term "ERISA Affiliate” " shall mean any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” " with, under “"common control” " with, or a member of an “"affiliated service group” " with, SellerSAL, as xs defined in Section 414(b), (c), (m) or (o) of the Code, or under “"common control” " with Seller, within SAL xxthin the meaning of Section 4001(b)(1) of ERISA.

ERISA Affiliate. “ERISA Affiliate” " shall mean with respect to Contributors any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” with, " with or is under “"common control” with, or a member of an “affiliated service group” with, Seller, " with Contributors as defined in Section section 414(b), (c), or (m) or (o) of the Code, or under “common control” with Seller, within the meaning of Section 4001(b)(1) of ERISA.

ERISA Affiliate. “ERISA Affiliate” " shall mean with respect to the Companies any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” with, " with or is under “"common control” with, or a member of an “affiliated service group” with, Seller, " with the Companies as defined in Section section 414(b), (c), (m) or (oc) of the Internal Revenue Code of 1986, as amended (the "Code, or under “common control” with Seller, within the meaning of Section 4001(b)(1) of ERISA").

ERISA Affiliate. “ERISA Affiliate” " shall mean any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” with, " with or under “"common control” with, or a member of an “affiliated service group” with, Seller, " with the Company as defined in Section 414(b), (c), (m) or (oc) of the Code, or under “common control” with Seller, within the meaning of Section 4001(b)(1) of ERISA.

ERISA Affiliate. “ERISA Affiliate” " shall mean any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” " with, under “"common control” " with, or a member of an “"affiliated service group” " with, Seller, . SPD as defined in Section 414(b), (c), (m) or (o) of the Code, or under “common control” with Seller, within the meaning of Section 4001(b)(1) of ERISA.

ERISA Affiliate. “ERISA Affiliate” " shall mean any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” " with, under “"common control” " with, or a member of an “"affiliated service group” " with, Sellerthe Company or any Subsidiary of the Company, as defined in Section 414(b), (c), (m) or (o) of the Code, or under “"common control” " with Sellerthe Company or any Subsidiary of the Company, within the meaning of Section 4001(b)(1) of ERISA.

ERISA Affiliate. “ERISA Affiliate” " shall mean (A) any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” with, " with or under “"common control” with, or a member of an “affiliated service group” with, Seller, " with the Company as defined in Section 414(b), (c), (m) or (oc) of the Code, or under “common control” with Seller, within the meaning (B) any entity which is (or at any relevant time was) a member of an "affiliated service group" (as such term is defined in Section 4001(b)(1414(m) of ERISAthe Code) which includes the Company.

ERISA Affiliate. “ERISA Affiliate” shall mean any entity which A corporation that is (or at any relevant time was) was a member of --------------- a “controlled group of corporations” with, under “common control” with, corporations with the Company or a member of an “affiliated service group” withtrade or business that is under common control with the Company or which together with the Company is treated as a single employer, Seller, as defined in Section 414(b), (c), (m) or (o) of the Code, or under “common control” with Seller, each case within the meaning of Section 4001(b)(1) 414 of ERISAthe Code.

ERISA Affiliate. “ERISA Affiliate” " shall mean any entity which is --------------- (or at any relevant time was) a member of a “"controlled group of corporations” " with, under “"common control” " with, or a member of an “"affiliated service group” " with, Seller, Seller as defined in Section 414(b), (c), (m) or (o) of the Code, or under “common control” with Seller, within the meaning of Section 4001(b)(1) of ERISA.

ERISA Affiliate. “ERISA Affiliate” " shall mean any entity corporation or business which is (now, or at any the relevant time times was) , a member of a “controlled group of corporations” with, under “common control” with, corporations or a member of an “affiliated service group” with, Sellertrades or businesses with the Company, as defined in Section SECTIONs 414(b), (c), (m) or (oc) of the Code, or under “common control” with Seller, within the meaning of Section 4001(b)(1) of ERISA.

ERISA Affiliate. “ERISA Affiliate” " shall mean any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” " with, under “"common control” " with, or a member of an “"affiliated service group” " with, Seller, Sellers or the Company as defined in Section 414(b), (c), (m) or (o) of the CodeIRC, or under “"common control” " with SellerSellers or the Company, within the meaning of Section 4001(b)(1) of ERISA.

ERISA Affiliate. “ERISA Affiliate” " shall mean any entity --------------- which is (or at any relevant time was) a member of a “"controlled group of corporations” " with, under “"common control” " with, or a member of an “"affiliated service group” " with, Seller, the Company as defined in Section 414(b), (c), (m) or (o) of the Code, Code or under “common control” with Seller, within any partnership of which the meaning of Section 4001(b)(1) of ERISACompany or any such entity is a general partner.

ERISA Affiliate. “ERISA Affiliate” Affiliate shall mean any entity which is (or at any relevant time was) a United States member of a “any controlled group of corporations” with, group of trades or businesses under “common control” with, or a member of an “affiliated service group” with, Seller, group (as defined in for purposes of Section 414(b), (c) and (m), (m) or (o) respectively, of the Code, or under “common control” with Seller, within the meaning of Section 4001(b)(1) of ERISAwhich includes ATI.

ERISA Affiliate. “ERISA Affiliate” " shall mean any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” " with, under “"common control” " with, or a member of an “"affiliated service group” with, Seller, " with AEL as defined in Section 414(b), (c), (m) or (o) of the Code, or under “common control” with Seller, within the meaning of Section 4001(b)(1) of ERISA.

ERISA Affiliate. “ERISA Affiliate” " shall mean mean, with respect to each Subject Company, any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” with, " with or is under “"common control” with, " with such Subject Company or a member any Subsidiary of an “affiliated service group” with, Seller, such Subject Company as defined in Section section 414(b), (c), (m) or (oc) of the Code, or under “common control” with Seller, within the meaning of Section 4001(b)(1) of ERISA.

ERISA Affiliate. “ERISA Affiliate” " shall mean (A) any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” with, " with or under “"common control” with, or a member of an “affiliated service group” with, Seller, " with the Company as defined in Section 414(b), (c), (m) or (oc) of the Code, or under “common control” with Seller, within the meaning (B) any entity which is (or at any relevant time was) a member of an "affiliated service group" (as such term is defined in Section 4001(b)(1414(m) of ERISAthe Code) which includes the Companies.

ERISA Affiliate. “ERISA Affiliate” " shall mean any entity which --------------- is (or at any relevant time was) a member of a “"controlled group of corporations” " with, under “"common control” " with, or a member of an “"affiliated service group” " with, Seller, the Company (including any of its Subsidiaries) as defined in Section 414(b), (c), (m) or (o) of the Code, or under “common control” with Seller, within the meaning of Section 4001(b)(1) of ERISA.

ERISA Affiliate. “ERISA Affiliate” " shall mean any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” " with, under “"common control” with, " with or a member of an “affiliated service group” with, Seller, group with CAMC Advisor as defined in Section 414(b), (c), (m) or (om) of the Code, or under “common control” with Seller, within the meaning of Section 4001(b)(1) of ERISA.

ERISA Affiliate. “ERISA Affiliate” " shall mean any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” " with, under “"common control” " with, or a member of an “"affiliated service group” " with, Seller, Company as defined in Section 414(b), (c), (m) or (o) of the Code, or under “common control” with Seller, within the meaning of Section 4001(b)(1) of ERISA.

ERISA Affiliate. “ERISA Affiliate” shall mean any entity which A corporation that is (or at any relevant time was) was a --------------- member of a “controlled group of corporations” with, under “common control” with, corporations with the Company or a member of an “affiliated service group” withtrade or business that is under common control with the Company or which together with the Company is treated as a single employer, Seller, as defined in Section 414(b), (c), (m) or (o) of the Code, or under “common control” with Seller, each case within the meaning of Section 4001(b)(1) 414 of ERISAthe Code.

ERISA Affiliate. “ERISA Affiliate” " shall mean any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” " with, under “"common control” with, or a member of an “affiliated service group” with, Seller, " with Seller as defined in Section 414(b), (c), (m) or (oc) of the Code, or under “common control” with Seller, within the meaning of Section 4001(b)(1) of ERISA.

ERISA Affiliate. “ERISA Affiliate” " shall mean any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” with, " with or under “"common control” with, or a member of an “affiliated service group” with, Seller, " with the Company as defined in Section 414(b), (c), (m) or (oc) of the Code, or under “common control” with Seller, within the meaning of Section 4001(b)(1) of ERISAIRC.