ERISA Affiliate. ERISA Affiliate" shall mean any Company Subsidiary or any entity (whether or not incorporated) other than the Company or any Company Subsidiary that, together with the Company, is required to be treated as a single employer under Section 414(b), (c), (m) or (o) of the Code.
Appears in 3 contracts
Samples: Merger Agreement (Inverness Medical Innovations Inc), Merger Agreement (Inverness Medical Innovations Inc), Merger Agreement (Inverness Medical Innovations Inc)
ERISA Affiliate. ERISA Affiliate" shall mean any Company Subsidiary or any Any entity (whether or not incorporated) other than the Company which is or any Company Subsidiary thatwas, together with the CompanyCompany (for purposes of Section 2.10) or Associated (for purposes of Section 3.18), is required to be treated as a single employer under Section section 414(b), (c), (m) ), or (o) of the Code.
Appears in 2 contracts
Samples: Merger Agreement (Associated Banc-Corp), Merger Agreement (First Federal Capital Corp)
ERISA Affiliate. ERISA Affiliate" shall mean any Company Subsidiary entity which is (or at any entity (whether relevant time was) a member of a "controlled group of corporations" with or not incorporated) other than under "common control" with the Company or any Company Subsidiary that, together with the Company, is required to be treated as a single employer under defined in Section 414(b), (c), (m) or (oc) of the Code.
Appears in 2 contracts
Samples: Securities Purchase and Sale Agreement (Jones Apparel Group Inc), Merger Agreement (Jones Apparel Group Inc)
ERISA Affiliate. ERISA Affiliate" shall mean any Company Subsidiary entity which is (or at any entity (whether relevant time was) a member of a "controlled group of corporations" with, under "common control" with, or not incorporated) other than a member of an "affiliated service group" with, the Company or any Company Subsidiary that, together with the Company, is required to be treated as a single employer under defined in Section 414(b), (c), (m) or (o) of the Code.
Appears in 2 contracts
Samples: Merger Agreement (Hanover Compressor Co /), Merger Agreement (Oec Compression Corp)
ERISA Affiliate. ERISA Affiliate" shall mean any Company Subsidiary Any corporation which is a member of the same controlled group of corporations (within the meaning of Section 414(b) of the Code) as Borrower or any entity trade or business which is under common control (whether or not incorporatedwithin the meaning of Section 414(c) other than of the Company Code) with Borrower or any Company Subsidiary that, together with the Company, organization which is required to be treated as a single employer with Borrower under Section 414(b), (c), (m414(m) or (o414(o) of the Code.
Appears in 2 contracts
Samples: Construction Loan Agreement (Saul Centers Inc), Construction Loan Agreement (Saul Centers Inc)
ERISA Affiliate. “ERISA Affiliate" ” shall mean any Company Subsidiary or Person under common control with any entity (whether or not incorporated) other than of the Company or any Company Subsidiary that, together with Acquired Corporations within the Company, is required to be treated as a single employer under Section meaning of Sections 414(b), (c), (m) or and (o) of the Code, and the regulations thereunder.
Appears in 2 contracts
Samples: Merger Agreement (Applied Materials Inc /De), Merger Agreement (Compellent Technologies Inc)
ERISA Affiliate. ERISA Affiliate" shall mean any Company Subsidiary entity which is (or at any entity (whether relevant time was) a member of a "controlled group of corporations" with, under "common control" with, or not incorporated) other than the Company or any Company Subsidiary thata member of an "affiliated service group" with, together with the Company, is required to be treated Seller as a single employer under defined in Section 414(b), (c), (m) or (o) of the Code.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Chancellor Media Mw Sign Corp), Asset Purchase Agreement (Boston Biomedica Inc)
ERISA Affiliate. ERISA Affiliate" shall mean any Company Subsidiary entity which is (or at any entity (whether relevant time was) a member of a "controlled group of corporations" with, under "common control" with, or not incorporated) other than the Company or any Company Subsidiary thata member of an "affiliated service group" with, together with the Company, is required to be treated Harveys as a single employer under defined in Section 414(b), (c), (m) or (o) of the CodeCode or any partnership of which Harveys or any of its Subsidiaries is a general partner.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Harveys Casino Resorts), Stock Purchase Agreement (Harrahs Entertainment Inc)
ERISA Affiliate. ERISA Affiliate" shall mean any Company Subsidiary entity which is (or at any entity (whether relevant time was) a member of "controlled group of corporations" with or not incorporated) other than under "common control" with the Company or any Company Subsidiary that, together with the Company, is required to be treated as a single employer under defined in Section 414(b), (c), (m) or (oc) of the Code.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Lois/Usa Inc), Stock Purchase Agreement (Lois/Usa Inc)
ERISA Affiliate. “ERISA Affiliate" ” shall mean any Company Subsidiary or any entity (whether or not incorporated) other than Person under common control with the Company or any Company Subsidiary that, together with within the Company, is required to be treated as a single employer under Section meaning of Sections 414(b), (c), (m) or and (o) of the Code, and the regulations issued thereunder.
Appears in 2 contracts
Samples: Merger Agreement (Poseida Therapeutics, Inc.), Merger Agreement (Poseida Therapeutics, Inc.)
ERISA Affiliate. ERISA Affiliate" shall mean any Company Subsidiary or any entity (entity, whether or not incorporated, which is (or at any relevant time was) other than a member of a "controlled group of corporations" with the Company or any Company its Subsidiary that, together within the meaning of Section 414(b) of the Code or under "common control" with the Company, is required to be treated Company or its Subsidiary as a single employer under defined in Section 414(b), (c), (m) or (o414(c) of the Code.
Appears in 1 contract
ERISA Affiliate. ERISA Affiliate" shall mean any Company Subsidiary person, firm or any entity (whether or not incorporated) other than the Company or any Company Subsidiary thatwhich, together by reason of its relationship with the Company, is required to be treated as a single employer aggregated with the Company under Section Sections 414(b), (c), (m414(c) or (o414(m) of the Code, or which, together with the Company is a member of a controlled group within the meaning of Section 4001(a) of ERISA.
Appears in 1 contract
Samples: Stock Purchase Agreement (Rush Enterprises Inc \Tx\)
ERISA Affiliate. ERISA Affiliate" shall mean any Company Subsidiary trade or any entity business (whether or not incorporated) other than the Company or which is or, at any Company Subsidiary thatrelevant time, together with the Company, is required to be was treated as a single employer under with Company within the meaning of Section 414(b), (c), (m) or (o) of the Code.
Appears in 1 contract
Samples: Merger Agreement (Microtune Inc)
ERISA Affiliate. ERISA Affiliate" shall mean any Company Subsidiary each trade or any entity (business, whether or not incorporated) other than , which with any of the Company Companies or any Company Subsidiary that, together with the Company, Services is required to be treated as a single employer under Code Section 414(b), (c), (m) or (o) of the Code).
Appears in 1 contract
Samples: Stock and Asset Purchase Agreement (Front Royal Inc)
ERISA Affiliate. “ERISA Affiliate" ” shall mean each Subsidiary of the Company and any Company Subsidiary or any entity (whether or not incorporated) other than Person under common control with the Company or any Company Subsidiary of its Subsidiaries or that, together with the CompanyCompany or any of its Subsidiaries, is required to could be treated as deemed a “single employer under employer” within the meaning of Section 4001(b)(1) of ERISA or Section 414(b), (c), (m) or (o) of the Code.
Appears in 1 contract
ERISA Affiliate. “ERISA Affiliate" ” shall mean each Subsidiary of the Company and any Company Subsidiary other Person that is or any entity (whether or not incorporated) other than has been under common control with the Company or any Company Subsidiary that, together with of its Subsidiaries within the Company, is required to be treated as a single employer under meaning of Section 414(b), (c), (m) or (o) of the CodeCode and the regulations issued thereunder.
Appears in 1 contract
ERISA Affiliate. ERISA Affiliate" shall mean any Company Subsidiary or with respect to the Companies any entity (whether which is a member of a "controlled group of corporations" with or not incorporated) other than the Company or any Company Subsidiary that, together is under "common control" with the Company, is required to be treated Companies as a single employer under Section defined in section 414(b), (c), (m) or (oc) of the Internal Revenue Code of 1986, as amended (the "Code").
Appears in 1 contract
Samples: Stock Purchase Agreement (Consolidated Capital of North America Inc)
ERISA Affiliate. ERISA Affiliate" shall mean any Company Subsidiary corporation or any entity (whether business which is now, or not incorporated) other than at the Company relevant times was, a member of a controlled group of corporations or any Company Subsidiary that, together trades or businesses with the Company, is required to be treated as a single employer under Section defined in SECTIONs 414(b), (c), (m) or (oc) of the Code.
Appears in 1 contract
ERISA Affiliate. ERISA Affiliate" shall mean any Company Subsidiary entity which is a member of a "controlled group of corporations" with or any entity (whether or not incorporated) other than under "common control" with the Company or any Company Subsidiary that, together with the Company, is required to be treated as a single employer under defined in Section 414(b), (c), (m) or (oc) of the Code.
Appears in 1 contract
ERISA Affiliate. “ERISA Affiliate" ” shall mean any Company Subsidiary or mean, with respect to each Subject Company, any entity (whether which is a member of a “controlled group of corporations” with or not incorporated) other than the is under “common control” with such Subject Company or any Subsidiary of such Subject Company Subsidiary that, together with the Company, is required to be treated as a single employer under Section defined in section 414(b), (c), (m) or (oc) of the Code.
Appears in 1 contract
Samples: Stock Purchase Agreement (Bio Rad Laboratories Inc)
ERISA Affiliate. ERISA Affiliate" shall mean any Company Subsidiary or any entity (whether or not incorporated) other than the Company or any Company Subsidiary Person that, together with the Company, is required to be or was at any time treated as a single employer under Section 414(b), (c), (m) or (o) 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 1 contract
ERISA Affiliate. “ERISA Affiliate" ” shall mean any Company Subsidiary or and any entity (whether or not incorporated) other than Person under common control with the Company or any Company Subsidiary Subsidiary, or that, together with the CompanyCompany or any Company Subsidiary, is required to could be treated as deemed a “single employer under employer” within the meaning of Section 4001(b)(1) of ERISA or Section 414(b), (c), (m) or (o) of the Code, and the regulations issued thereunder.
Appears in 1 contract
Samples: Merger Agreement (Pegasystems Inc)
ERISA Affiliate. ERISA Affiliate" shall mean any Company Subsidiary or mean, with respect to each Subject Company, any entity (whether which is a member of a "controlled group of corporations" with or not incorporated) other than the is under "common control" with such Subject Company or any Subsidiary of such Subject Company Subsidiary that, together with the Company, is required to be treated as a single employer under Section defined in section 414(b), (c), (m) or (oc) of the Code.
Appears in 1 contract
Samples: Stock Purchase Agreement (Bio Rad Laboratories Inc)