Subsidiary. Subsidiary" of any Person means a corporation or other organization whether incorporated or unincorporated of which at least a majority of the securities or interests having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; provided, however, that no Person that is not directly or indirectly wholly-owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person.
Appears in 13 contracts
Samples: Master Separation and Distribution Agreement (Luminent Inc), Indemnification and Insurance Matters Agreement (Luminent Inc), Master Separation and Distribution Agreement (Palm Inc)
Subsidiary. “Subsidiary" ” of any Person means a corporation or other organization whether incorporated or unincorporated of which at least a majority of the securities or interests having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; provided, however, that no Person that is not directly or indirectly wholly-owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person.
Appears in 6 contracts
Samples: Distribution Agreement (Marlborough Software Development Holdings Inc.), Master Separation Agreement (Lsi Logic Corp), Indemnification and Insurance Matters Agreement (Palmsource Inc)
Subsidiary. Subsidiary" of any Person means a corporation or other organization whether incorporated or unincorporated of which at least a majority of the securities or interests having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; provided, however, that no Person that is not directly or indirectly wholly-owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person. For purposes of this Agreement, Mykrolis shall be deemed not to be a subsidiary of MIL.
Appears in 5 contracts
Samples: Master Patent Grantback License Agreement (Mykrolis Corp), Master Patent Grantback License Agreement (Millipore Corp /Ma), Master Trade Secret and Know How Agreement (Mykrolis Corp)
Subsidiary. “Subsidiary" ” of any Person means a corporation or other organization organization, whether incorporated or unincorporated unincorporated, of which at least a majority of the securities or interests having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; provided, however, that no Person that is not directly or indirectly wholly-owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person. For purposes of this Agreement, PalmSource shall be deemed not to be a subsidiary of Palm.
Appears in 5 contracts
Samples: Master Confidential Disclosure Agreement, Master Confidential Disclosure Agreement (Palmsource Inc), Master Technology Ownership and License Agreement (Palm Inc)
Subsidiary. Subsidiary" of any Person means a corporation or other organization organization, whether incorporated or unincorporated unincorporated, of which at least a majority of the securities or interests having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; provided, however, that no Person that is not directly or indirectly wholly-owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person. For purposes of this Agreement, Palm shall be deemed not to be a subsidiary of 3Com.
Appears in 4 contracts
Samples: Master Confidential Disclosure Agreement (Palm Inc), Confidentiality Agreement (3com Corp), Master Technology Ownership and License Agreement (Palm Inc)
Subsidiary. Subsidiary" of any Person means a corporation or other organization whether incorporated or unincorporated of which at least a majority of the securities or interests having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; provided, however, that no Person that is not directly or indirectly wholly-wholly- owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person. For purposes of this Agreement, Mykrolis shall be deemed not to be a subsidiary of MIL.
Appears in 4 contracts
Samples: Master Patent License Agreement (Mykrolis Corp), Master Trademark License Agreement (Millipore Corp /Ma), Master Trademark License Agreement (Mykrolis Corp)
Subsidiary. Subsidiary" of any Person means a any corporation or other organization whether incorporated or unincorporated of which at least a majority of the securities or interests interest having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; provided, however, however that no Person that is not directly or indirectly wholly-wholly owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that PersonPerson .
Appears in 4 contracts
Samples: Assignment and Assumption Agreement, General Assignment and Assumption Agreement (Palm Inc), General Assignment and Assumption Agreement (Palm Inc)
Subsidiary. Subsidiary" of any Person means a corporation or other organization whether incorporated or unincorporated of which at least a majority of the securities or interests having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; provided, however, that no Person that is not directly or indirectly wholly-wholly- owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person. For purposes of this Agreement, MMI shall be deemed not to be a subsidiary of MIL.
Appears in 3 contracts
Samples: Master Patent License Agreement (Millipore Microelectronics Inc), Master Patent Grantback License Agreement (Millipore Microelectronics Inc), Master Trademark License Agreement (Millipore Microelectronics Inc)
Subsidiary. SubsidiarySUBSIDIARY" of any Person means a any corporation or other organization whether incorporated or unincorporated of which at least a majority of the securities or interests interest having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; provided, however, however that no Person that is not directly or indirectly wholly-wholly owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Trident Microsystems Inc), General Assignment and Assumption Agreement (Snap Appliances Inc), General Assignment and Assumption Agreement (3com Corp)
Subsidiary. SubsidiarySUBSIDIARY" of any Person means a corporation or other organization whether incorporated or unincorporated of which at least a majority of the securities or interests having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; provided, however, that no Person that is not directly or indirectly wholly-owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person.
Appears in 3 contracts
Samples: Indemnification and Insurance Matters Agreement (3com Corp), Indemnification and Insurance Matters Agreement (Snap Appliances Inc), Master Separation and Distribution Agreement (3com Corp)
Subsidiary. Subsidiary" of any Person means a corporation or other organization organization, whether incorporated or unincorporated unincorporated, of which at least a majority of the securities or interests having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; provided, however, that no Person that is not directly or indirectly wholly-owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person. For the purposes of this Agreement, Palm shall be deemed not to be a Subsidiary of 3Com.
Appears in 2 contracts
Samples: Master Patent Ownership and License Agreement (Palm Inc), Master Patent Ownership and License Agreement (Palm Inc)
Subsidiary. Subsidiary" of any Person means a corporation or other organization organization, whether incorporated or unincorporated unincorporated, of which at least a majority of the securities or interests having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; provided, however, that no Person that is not directly or indirectly wholly-owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person. For purposes of this Separation Agreement and of the Ancillary Agreements, MMI shall be deemed not to be a subsidiary of Millipore.
Appears in 2 contracts
Samples: Master Separation and Distribution Agreement (Millipore Corp /Ma), Master Separation and Distribution Agreement (Millipore Microelectronics Inc)
Subsidiary. Subsidiary" of any Person means a corporation or other organization whether incorporated or unincorporated of which at least a majority of the securities or interests having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; provided, however, that no Person that is not directly or indirectly wholly-owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person. For purposes of this Agreement, Palm shall be deemed not to be a subsidiary of 3Com.
Appears in 2 contracts
Samples: Master Trademark Ownership and License Agreement (3com Corp), Master Transitional Services Agreement (3com Corp)
Subsidiary. Subsidiary" of any Person means a corporation or other organization organization, whether incorporated or unincorporated unincorporated, of which at least a majority of the securities or interests having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; provided, however, that no Person that is not directly or indirectly wholly-owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person. For purposes of this Agreement, Luminent shall be deemed not to be a subsidiary of MRV.
Appears in 2 contracts
Samples: Master Technology Ownership and License Agreement (Luminent Inc), Master Technology Ownership and License Agreement (Luminent Inc)
Subsidiary. Subsidiary" of any Person means a corporation or other organization whether incorporated or unincorporated of which at least a majority of the securities or interests having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; provided, however, that no Person that is not directly or indirectly wholly-wholly- owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person. For purposes of this Agreement, Palm shall be deemed not to be a subsidiary of 3Com.
Appears in 2 contracts
Samples: Master Transitional Services Agreement (Palm Inc), Master Trademark Ownership and License Agreement (Palm Inc)
Subsidiary. “Subsidiary" ” of any Person means a corporation or other organization organization, whether incorporated or unincorporated unincorporated, of which at least a majority of the securities or interests having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; provided, however, that no Person that is not directly or indirectly wholly-owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person. For the purposes of this Agreement, PalmSource shall be deemed not to be a Subsidiary of Palm.
Appears in 2 contracts
Samples: Master Patent Ownership and License Agreement (Palmsource Inc), Master Patent Ownership and License Agreement (Palm Inc)
Subsidiary. “Subsidiary" ” of any Person means a corporation or other business organization whether incorporated or unincorporated of which at least a majority of the securities or interests having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; provided, however, that no Person that is not directly or indirectly wholly-owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person.
Appears in 2 contracts
Samples: Separation and Distribution Agreement (Omega Flex, Inc.), Separation and Distribution Agreement (InB:Biotechnologies, Inc.)
Subsidiary. The term “Subsidiary" of ” shall mean, with respect to any Person means a Person, any corporation or other organization organization, whether incorporated or unincorporated unincorporated, of which (a) at least a majority of the securities or other interests having by the their terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by (b) such Person and one or more of its Subsidiaries; provided, however, that no Person that is not directly or indirectly wholly-owned by any other Person shall be a Subsidiary of such other Person unless is a general partner (excluding any such other partnership where such Person controls, or has any Subsidiary of such Person does not have a majority of the right, power or ability to control, that Personvoting interest in such partnership).
Appears in 2 contracts
Samples: Merger Agreement (Insight Enterprises Inc), Merger Agreement (Insight Enterprises Inc)
Subsidiary. Subsidiary" of any Person means a any corporation or other organization whether incorporated or unincorporated of which at least a majority of the securities or interests interest having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; provided, however, however that no Person that is not directly or indirectly wholly-wholly owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person.
Appears in 2 contracts
Samples: General Assignment and Assumption Agreement (Luminent Inc), General Assignment, Novation and Assumption Agreement (America Service Group Inc /De)
Subsidiary. Subsidiary" of any Person means a corporation or other organization organization, whether incorporated or unincorporated unincorporated, of which at least a majority of the securities or interests having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; provided, however, that no Person that is not directly or indirectly wholly-owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person.the
Appears in 1 contract
Samples: Master Patent Ownership and License Agreement (Optical Access Inc)
Subsidiary. Subsidiary" of any Person means a corporation or other organization whether incorporated or unincorporated of which at least a majority of the securities or interests having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; provided, however, that no Person that is not directly or indirectly wholly-owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person. For purposes of this Agreement, MMI shall be deemed not to be a subsidiary of MIL.
Appears in 1 contract
Samples: Master Trade Secret and Know How Agreement (Millipore Microelectronics Inc)
Subsidiary. Subsidiary" of any Person means a any corporation or other organization whether incorporated or unincorporated of which at least a majority of the securities or interests interest having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; providedPROVIDED, however, HOWEVER that no Person that is not directly or indirectly wholly-wholly owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person.
Appears in 1 contract
Samples: General Assignment and Assumption Agreement (Coach Inc)
Subsidiary. Subsidiary" of any Person means a corporation or other organization whether incorporated or unincorporated of which at least a majority of the securities or interests having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; providedPROVIDED, howeverHOWEVER, that no Person that is not directly or indirectly wholly-owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person. For purposes of this Agreement, Coach shall be deemed not to be a subsidiary of Xxxx Xxx.
Appears in 1 contract
Subsidiary. Subsidiary" Subsidiary of any Person means a corporation or other organization organization, whether incorporated or unincorporated unincorporated, of which at least a majority of the securities or interests having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; provided, however, that no Person that is not directly or indirectly wholly-owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person. For purposes of this Agreement, MercFuel shall be deemed not to be a subsidiary of MAG.
Appears in 1 contract
Samples: Master Confidential Disclosure Agreement (Mercfuel Inc)
Subsidiary. Subsidiary" of any Person means a corporation or other organization whether incorporated or unincorporated of which at least a majority of the securities or interests having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; provided, however, that no Person that is not directly or indirectly wholly-owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person. For purposes of this Agreement, Snap shall be deemed not to be a subsidiary of Quantum.
Appears in 1 contract
Samples: Master Transitional Services Agreement (Snap Appliances Inc)
Subsidiary. Subsidiary" of any Person means a any corporation or other organization whether incorporated or unincorporated of which at least a majority of the securities or interests interest having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; provided, 21 however, that no Person that is not directly or indirectly wholly-wholly owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person.
Appears in 1 contract
Samples: General Assignment and Assumption Agreement (Metavante Corp)
Subsidiary. “Subsidiary" ” of any Person means a any corporation or other organization whether incorporated or unincorporated of which at least a majority of the securities or interests interest having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; provided, however, however that no Person that is not directly or indirectly wholly-wholly owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person.
Appears in 1 contract
Samples: General Assignment and Assumption Agreement (Palm Inc)
Subsidiary. Subsidiary" of any Person means a corporation or other organization organization, whether incorporated or unincorporated unincorporated, of which at least a majority of the securities or interests having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; provided, however, that no Person that is not directly or indirectly wholly-owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person. For purposes of this Agreement, MercFuel shall be deemed not to be a subsidiary of MAG.
Appears in 1 contract
Samples: Master Technology Ownership and License Agreement (Mercfuel Inc)
Subsidiary. Subsidiary" of any Person means a corporation or other organization whether incorporated or unincorporated of which at least a majority of the securities or interests having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization organization, is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; provided, however, that no Person that is not directly or indirectly wholly-owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person.
Appears in 1 contract
Subsidiary. Subsidiary" Subsidiary of any Person means a corporation or other organization organization, whether incorporated or unincorporated unincorporated, of which at least a majority of the securities or interests having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; provided, however, that no Person that is not directly or indirectly wholly-owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person. For purposes of this Agreement, Luminent shall be deemed not to be a subsidiary of MRV.
Appears in 1 contract
Samples: Master Confidential Disclosure Agreement (Luminent Inc)
Subsidiary. Subsidiary" Subsidiary of any Person means a corporation or other organization organization, whether incorporated or unincorporated unincorporated, of which at least a majority of the securities or interests having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; provided, however, that no Person that is not directly or indirectly wholly-owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person.the
Appears in 1 contract
Samples: Master Confidential Disclosure Agreement (Optical Access Inc)
Subsidiary. Subsidiary" of any Person means a corporation or other organization organization, whether incorporated or unincorporated unincorporated, of which at least a majority of the securities or interests having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; provided, however, that no Person that is not directly or indirectly wholly-owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person. For purposes of this Agreement, Optical Access shall be deemed not to be a subsidiary of MRV.
Appears in 1 contract
Samples: Master Technology Ownership and License Agreement (Optical Access Inc)
Subsidiary. Subsidiary" of any Person means a corporation or other organization organization, whether incorporated or unincorporated unincorporated, of which at least a majority of the securities or interests having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; provided, however, that no Person that is not directly or indirectly wholly-owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person. For the purposes of this Agreement, Luminent shall be deemed not to be a Subsidiary of MRV.
Appears in 1 contract
Samples: Master Patent Ownership and License Agreement (Luminent Inc)
Subsidiary. “Subsidiary" ” of any Person means a corporation or other organization whether incorporated or unincorporated of which at least a majority of the securities or interests having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; providedPROVIDED, howeverHOWEVER, that no Person that is not directly or indirectly wholly-owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person.
Appears in 1 contract
Subsidiary. Subsidiary" Subsidiary of any Person means a corporation or other organization whether incorporated or unincorporated of which at least a majority of the securities or interests having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; provided, however, that no Person that is not directly or indirectly wholly-owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person. For purposes of this Agreement, Optical Access shall be deemed not to be a subsidiary of MRV.
Appears in 1 contract
Samples: Master Transitional Services Agreement (Optical Access Inc)
Subsidiary. Subsidiary" of any Person means a corporation or other organization whether incorporated or unincorporated of which at least a majority of the securities or interests having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its SubsidiariesSubsid iaries, or by such Person and one or more of its Subsidiaries; providedPROVIDED, howeverHOWEVER, that no Person that is not directly or indirectly wholly-wholly- owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person. For purposes of this Agreement, Coach shall be deemed not to be a subsidiary of Xxxx Xxx.
Appears in 1 contract
Subsidiary. Subsidiary" of any Person person means a corporation or other organization organization, whether incorporated or unincorporated unincorporated, of which at least a majority of the securities or interests interest having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization organization, is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; provided, however, however that no Person that is not directly or indirectly wholly-owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, control that Person. Unless the context otherwise requires, reference to MAG and its Subsidiaries shall not include the subsidiaries of MAG that will be transferred to MercFuel after giving effect to the Separation.
Appears in 1 contract
Subsidiary. Subsidiary" Subsidiary of any Person means a corporation or other organization whether incorporated or unincorporated of which at least a majority of the securities or interests having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; provided, however, that no Person that is not directly or indirectly wholly-owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person. For purposes of this Agreement, Luminent shall be deemed not to be a subsidiary of MRV.
Appears in 1 contract
Samples: Master Transitional Services Agreement (Luminent Inc)
Subsidiary. Subsidiary" of any Person means a corporation or other organization whether incorporated or unincorporated of which at least a majority of the securities or interests having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; providedPROVIDED, howeverHOWEVER, that no Person that is not directly or indirectly wholly-owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person.
Appears in 1 contract
Subsidiary. Subsidiary" of any Person means a corporation or other organization whether incorporated or unincorporated of which at least lease a majority of the securities or interests having by the terms thereof ordinary voting power to elect at least a majority of the board of directors or others performing perform ing similar functions with respect to such corporation or other organization is directly or indirectly owned or controlled by such Person or by any one or more of its Subsidiaries, or by such Person and one or more of its Subsidiaries; providedPROVIDED, howeverHOWEVER, that no Person that is not directly or indirectly wholly-owned by any other Person shall be a Subsidiary of such other Person unless such other Person controls, or has the right, power or ability to control, that Person.. * * *
Appears in 1 contract
Samples: Lease Indemnification and Reimbursement Agreement (Coach Inc)
