Non-Affiliate. The Purchaser is not an “affiliate” of the Company as such term is defined in Rule 405 under the Securities Act.
Non-Affiliate. The Holder is not an Affiliate (as defined below) of the Company and has not been an Affiliate during the three months prior to the date hereof. “Affiliate” means, with respect to any Person, any other Person that directly or indirectly controls, is controlled by, or is under common control with, such Person, it being understood for purposes of this definition that “control” of a Person means the power directly or indirectly either to vote 10% or more of the stock having ordinary voting power for the election of directors of such Person or direct or cause the direction of the management and policies of such Person whether by contract or otherwise.
Non-Affiliate. The Creditor is not an Affiliate of the Company nor is any Affiliate of such Regulation S Person an Affiliate of the Company. An “Affiliate” is an individual or corporation, partnership, trust, incorporated or unincorporated association, joint venture, limited liability company, joint stock company, government (or an agency or subdivision thereof) or other entity of any kind (each of the foregoing, a “Person”) that, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with a Person as such terms are used in and construed under Rule 405 under the Securities Act; and
Non-Affiliate. The Holder is not an Affiliate of the Company and has not been an Affiliate during the three months prior to the date hereof.
Non-Affiliate. Selling Firm is not a broker, agent or employee of the Partnership or of Selling Agent. Nor is Selling Firm authorized in any manner to act for the Partnership or Selling Agent or to make any representations on behalf of Selling Agent. By selling Units under this Agreement, Selling Firm shall be entitled to rely only upon matters stated in the Prospectus and upon such written representations, if any, as may be made by Selling Agent to Selling Firm.
Non-Affiliate. The Seller does not, either alone or in association with others, directly or indirectly through one or more intermediaries, control the Issuer, nor is the Seller, directly or indirectly through one or more intermediaries, controlled by or under common control with the Issuer such that the Seller would be an “affiliate” of the Issuer within the meaning of the Securities Act or Rule 144 thereunder. At no time on or after its acquisition of the Warrant has the Seller been an “affiliate” of the Issuer.
Non-Affiliate. Purchaser represents and warrants that it is not an Affiliate (hereafter defined) of either of the Sellers, DCI or any Affiliate of DCI. Purchaser has no direct or indirect interest in DCI, nor any of its assets or properties other than the transactions contemplated by this Agreement. For purposes of this section, “Affiliate” shall mean any person or entity which, directly or indirectly, controls or is controlled by that person or entity, or is under common control with that person or entity. For the purposes of this definition, “control” (including, with correlative meaning, the terms “controlled by” and “under common control with”), as used with respect to any person or entity, shall mean the pos-ses-sion, directly or indirectly, of the power to direct or cause the direction of the management and policies of such person or entity, whether through the ownership of voting securities or by contract or otherwise.
Non-Affiliate. Immediately prior to and immediately after execution of this Agreement, the Holder is not, and has not been for the three months prior to the date of this Agreement, an “affiliate” (as defined in Rule 144 (as defined below)) of the Company.
Non-Affiliate. Each of the Holders represents and warrants that as of the date of this Agreement (i) it is not an Affiliate of the Company and (ii) it has not been an Affiliate of the Company for at least the three months preceding the date of this Agreement. Each of the Holders covenants that, if it becomes an Affiliate of the Company at any time while it holds any Debentures or Warrants, it shall promptly notify the Company of its Affiliate status.
Non-Affiliate. PA represents and warrants that it is not an affiliate of ComEd, as “affiliate” is defined in Appendix C.
