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
Appears in 8 contracts
Samples: Debt Settlement Agreement and Release (Freeseas Inc.), Debt Settlement Agreement and Release (Freeseas Inc.), Debt Settlement Agreement and Release (Freeseas Inc.)