Common Control Entity definition

Common Control Entity means an entity which —

Common Control Entity means any trade or business under common control (as such term is defined in Section 414(b) or 414(c) of the Code) with the Company.

Common Control Entity means any trade or business under common control (as such term is defined in Section 414(b) or 414(c) of the Code) with the Company or any Subsidiary.

Examples of Common Control Entity in a sentence

• Neither the Borrower nor any Common Control Entity has incurred any withdrawal liability in connection with a Multiemployer Plan.

• No liability to the PBGC has been incurred by either Seller, Crosstex or any Common Control Entity, on account of the termination of any Pension Plan.

• Other than being required to make and making premium payments when due, no liability to the PBGC has been incurred by the Company or by any Common Control Entity (as defined in Article X) on account of Title IV of ERISA.

• During the past three (3) years, no filing has been made by, or required of, the Company or any Common Control Entity with the PBGC, the PBGC has not started any proceeding to terminate any Defined Benefit Plan that was or is maintained or wholly or partially funded by the Company or any Common Control Entity, and to the knowledge of the Company and the Subsidiaries, no facts exist that would permit the PBGC to begin such a proceeding.

• Neither the Company nor any Common Control Entity has, or will have as a result of the transactions contemplated hereby, (i) withdrawn as a substantial employer so as to become subject to Section 4063 of ERISA; or (ii) ceased making contributions to any Pension Plan that is subject to Section 4064(a) of ERISA to which the Company or any Common Control Entity made contributions during the past five (5) years.

More Definitions of Common Control Entity

Common Control Entity means any entity which is a member of a “controlled group of corporations” with, or is under “common control” with, the Borrower as defined in Section 414(b) or (c) of the Code. Multiemployer Plan” has the meaning set forth in Section 4001(a)(3) of ERISA and all rules and regulations promulgated from time to time thereunder. The term “Reportable Event” means any of the events set forth in Section 4043(c) of ERISA, other than events for which the 30-day notice period has been waived.

Common Control Entity has the meaning set forth in Section 3.25.1.

Common Control Entity is defined in Section 3.25(d). "Company" is defined in the first "Whereas" clause. "Company Financial Statements" is defined in Section 3.9. "Contracts" is defined in Section 3.20. "Convertible Notes" is defined in Section 2.1. "Disputed Claim" is defined in Section 7.3(b). "EBITDA" is defined in Section 2.1.2(ii). "EBITDA Base" is defined in Section 2.1.5(a). "EBITDA Notes" is defined in Section 2.1. "EBITDA Payment" is defined in Section 2.1.5. "EBITDA Statement" is defined in Section 2.1.3. "Employee Plan" is defined in Section 3.25. "Employment Agreement" is set forth in Exhibit 2.3(f) "ERISA" is defined in Section 3.25. "Estimated Purchase Price" is defined in Section 2.1. "Final Closing Working Capital Schedule" is defined in Section 2.1.3.

Common Control Entity shall be defined in accordance with Section 414(b) or (c) of the Code.

Common Control Entity shall have the meaning given to that term in Section 4.17 of this Agreement.

Common Control Entity means any corporation or other trade or --------------------- business under common control with the Company as determined under Sections 414(b) or (c) of the Code. Consolidated Funded Debt - at any date means the aggregate amount ------------------------ of Funded Debt of the Company and all Restricted Subsidiaries at such date, determined on a consolidated basis, but excluding indebtedness if owed or guaranteed by a Restricted Subsidiary to the Company or any other Restricted Subsidiary or by the Company to a Restricted Subsidiary.

Common Control Entity shall have the meaning provided in Section 3.16(a)(ii).