AFFILIATE of a Person means: (i) any other Person directly, or indirectly through one or more intermediaries, controlling, controlled by or under common control with such Person; (ii) any officer, director, partner, employer, or direct or indirect beneficial owner of any 10% or greater equity or voting interest of such Person; or (iii) any other Person for which a Person described in clause (ii) acts in any such capacity.
AFFILIATE of a Person means another Person who directly or indirectly controls, is controlled by, is under common control with or is a director or officer of, such Person. For purposes of this definition, "control" means the possession, directly or indirectly, of the power to vote five percent (5%) or more of the securities having ordinary voting power for the election of directors or the direct or indirect power to direct the management and policies of a business.
AFFILIATE of a Person means any other Person controlling, controlled by or under common control with such first Person. For purposes of this definition, “control” shall mean the direct or indirect ownership of fifty percent (50%) or more of the outstanding capital stock or other equity interests having ordinary voting power.
Examples of AFFILIATE of a Person in a sentence
Certain capitalized terms are used herein as defined below: "AFFILIATE" of a Person has the meaning set forth in Rule 2b-2 under the Exchange Act.
AFFILIATE of a Person means (i) a Subsidiary of such Person, (ii) a Person which owns, either alone or with or through one or more Affiliates, directly or indirectly, securities or other ownership interests having ordinary voting power to elect a majority of the board of directors or other persons performing similar functions of such Person and (iii) a Subsidiary of any Affiliate of such Person; provided that neither the Trust nor the PD Trust shall be deemed an Affiliate of any of the Debtors.
AFFILIATE" of a Person means any other Person that (a) directly or indirectly controls the specified Person; (b) is controlled by or is under direct or indirect common control with the specified Person; or (c) is an officer, director, employee, representative or agent or subsidiary of the Person.
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Unless otherwise defined herein: "AFFILIATE" of a Person has the meaning ascribed to such term in the Common Stock Agreement.
More Definitions of AFFILIATE of a Person
AFFILIATE of a Person has the meaning given to such term in Rule 12b-2 of the General Rules and Regulations under the Exchange Act, as in effect on the date of this Agreement; provided that, for purposes of this Agreement, the term "Affiliate" shall not include any Person that is an Exempt Person.
AFFILIATE of a Person means any person controlling, controlled by, or under common control with such person. "Control", including the terms "controlling", "controlled by", and "under common control with", means the possession of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise.
AFFILIATE of a Person means any Person which, directly or indirectly, controls, is controlled by, or is under common control with such Person. The term "control" (including, with correlative meaning, the terms "controlled by" and "under common control with"), as used with respect to any Person, shall mean the possession, directly or indirectly, of the power to elect a majority of the board of directors (or other governing body) or to direct or cause the direction of the management and policies of such Person, whether through the ownership of voting securities, by contract or otherwise. In any event and without limiting the generality of the foregoing, any Person owning 10% or more of the voting securities of another Person shall be deemed to control that Person.
AFFILIATE of a Person means any other individual or entity who directly or indirectly controls, is controlled by, or is under common control with that Person. For purposes of this definition (a) "control," "controlled by," and "under common control with" mean possession, directly or indirectly, of power to direct or cause the direction of management or policies (whether through ownership of voting securities or other interests, by contract, or otherwise), and (b) any individual or entity who beneficially owns, directly or indirectly, 10% or more (in number of votes) of the securities having ordinary voting power for the election of directors (or individuals performing similar functions) of another Person and any individual who is an officer or director of another Person is conclusively presumed to control that Person. AGENT means, at any time, Wellx Xxxgo Bank (Texas), National Association -- or its successor or assigns appointed under SECTION 13 -- acting as Agent for Lenders under the Loan Documents.
AFFILIATE of a Person means any Person that now or in the future controls, is controlled by, or is under common control with, the Person.
AFFILIATE of a Person means: (a) a director, officer, partner, member, manager, executor or trustee of a Person and (b) any Person directly or indirectly controlling, controlled by, or under common control with, that Person; provided, however, no Person will be considered an affiliate of any other Person solely by reason of its ownership of a Membership Interest in the Company. For purposes of this definition, “control,” “controlling,” and “controlled” mean having the right to elect a majority of the board of directors or other comparable body responsible for management and direction of a Person by contract, by virtue of equity ownership or otherwise. For all purposes of this Agreement, no Governmental Body shall be considered an Affiliate of any Member. Agreement means this Amended and Restated Limited Liability Company Agreement.
AFFILIATE of a Person means another Person who directly or indirectly --------- controls, is controlled by, is under common control with or is a director or officer of such Person. For purposes of this definition, "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of that Person, whether through the ownership of voting securities or by contract or otherwise. Agent is defined in the preamble to this Credit Agreement. ----- Agent Advance Period is defined in Section 2.2(b). -------------------- -------------- Agent Advances is defined in Section 2.2(a). -------------- -------------- all or substantially all has the meaning ascribed to such phrase in ------------------------ the Revised Model Business Corporation Act. Applicable Eurodollar Rate Margin means, with respect to any Revolving --------------------------------- Loan accruing interest in accordance with Section 4.2(b), a rate per annum equal -------------- --- ----- to (i) for the period commencing on the Effective Date and ending on March 31, 1998, 1.75%; and (ii) from and after April 1, 1998, 2.00%, provided that, from -------- and after April 1, 1998, if the Total Indebtedness Ratio for the applicable period ending on the then most recent Quarterly Determination Date (as shown on the quarterly Compliance Certificate delivered pursuant to Section 7.1(c)) is -------------- within the ranges set out below and no Default or Event of Default exists as of such Quarterly Determination Date, the Applicable Eurodollar Rate Margin shall be the per annum rate set out opposite the applicable range indicated below: --- ----- TOTAL INDEBTEDNESS RATIO APPLICABLE EURODOLLAR RATE MARGIN ================================ ===================== Less than or equal 1.75% to 2.75:1 and greater than than 2.50:1 Less than or equal 1.50% to 2.50:1 and greater than than 2.25:1 Less than or equal 1.25% to 2.25:1 ======================================================== In the event of the delivery of a Compliance Certificate showing an increase or decrease in the Total Indebtedness Ratio which requires a change in the Applicable Eurodollar Rate Margin, the change in the Applicable Eurodollar Rate Margin shall be effective from the first day of the calendar month immediately following receipt of the Compliance Certificate (provided that the Compliance -------- Certificate is received by the Agent no later than 3:00 P.M. New York City time at least one (1) Business Day ...