Common use of Obligations of the Parent Clause in Contracts

Obligations of the Parent. Whenever this Agreement requires a Subsidiary of either the Company or Xxxxxxxx to take any action, such requirement shall be deemed to include an undertaking on the part of the Company, or Xxxxxxxx, respectively, to cause such Subsidiary to take such action. For purposes of this Agreement, the term "Subsidiary" shall mean, when used with reference to any party hereto, any corporation or other entity of which such party or any other subsidiary of such party directly or indirectly (i) is a general or managing partner or managing member, (ii) owns (A) a majority of the outstanding voting securities or interests of which, having by their terms ordinary voting power to elect a majority of the board of directors or others performing similar functions with respect to such corporation or other entity or (B) securities in such corporation or entity which grant such party or its subsidiary the right to perform or approve management functions of such corporation or entity or (iii) owns more than fifty percent (50%) of the value of the outstanding equity securities or interests (including membership interests) of which are owned directly or indirectly by such party.

Appears in 2 contracts

Samples: Exchange Agreement (Markland Technologies Inc), Exchange Agreement (Eurotech LTD)

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Obligations of the Parent. Whenever this Agreement requires a Subsidiary of either the Company or Xxxxxxxx HomeCom to take any action, such requirement shall be deemed to include an undertaking on the part of the Company, or XxxxxxxxHomeCom, respectively, to cause such Subsidiary to take such action. For purposes of this Agreement, the term "SubsidiarySUBSIDIARY" shall mean, when used with reference to any party hereto, any corporation or other entity of which such party or any other subsidiary of such party directly or indirectly (i) is a general or managing partner or managing member, (ii) owns (A) a majority of the outstanding voting securities or interests of which, having by their terms ordinary voting power to elect a majority of the board of directors or others performing similar functions with respect to such corporation or other entity or (B) securities in such corporation or entity which grant such party or its subsidiary the right to perform or approve management functions of such corporation or entity or (iii) owns more than fifty percent (50%) of the value of the outstanding equity securities or interests (including membership interests) of which are owned directly or indirectly by such party.

Appears in 1 contract

Samples: License and Exchange Agreement (Eurotech LTD)

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Obligations of the Parent. Whenever this Agreement requires a Subsidiary of either the Company or Xxxxxxxx HomeCom to take any action, such requirement shall be deemed to include an undertaking on the part of the Company, or XxxxxxxxHomeCom, respectively, to cause such Subsidiary to take such action. For purposes of this Agreement, the term "Subsidiary" shall mean, when used with reference to any party hereto, any corporation or other entity of which such party or any other subsidiary of such party directly or indirectly (i) is a general or managing partner or managing member, (ii) owns (A) a majority of the outstanding voting securities or interests of which, having by their terms ordinary voting power to elect a majority of the board of directors or others performing similar functions with respect to such corporation or other entity or (B) securities in such corporation or entity which grant such party or its subsidiary the right to perform or approve management functions of such corporation or entity or (iii) owns more than fifty percent (50%) of the value of the outstanding equity securities or interests (including membership interests) of which are owned directly or indirectly by such party.

Appears in 1 contract

Samples: License and Exchange Agreement (Homecom Communications Inc)

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