Controlled Investment Affiliates definition

Controlled Investment Affiliates means, with respect to the Sponsor, any fund or investment vehicle that (i) is organized by the Sponsor for the purpose of making equity or debt investments in one or more companies and (ii) is controlled by Sponsor. For purposes of this definition “control” means the power to direct or cause the direction of management and policies of a Person, whether by contract or otherwise.

Controlled Investment Affiliates means, as to any Person (the “Controlling Person”), any Affiliate of such Controlling Person that (i) is Controlled, directly or indirectly by such Controlling Person, and (ii) was organized by such Controlling Person (or any Person Controlled by such Controlling Person) for the purpose of making equity or debt investments in the Borrower or other portfolio companies of such Controlling Person.

Controlled Investment Affiliates means as, to any Person, (i) any other Person which directly or indirectly is in control of, is controlled by, or is under common control with, such Person and is organized by such Person (or any Person controlling such Person) primarily for making equity or debt investments in one or more companies, or (ii) any fund or account managed by such Person, or by the same manager or advisor as such Person or an Affiliate of such Person or such manager or advisor. Solely for the purposes of this definition “control” shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of a Person, whether through the ability to exercise voting power, by contract or otherwise, and the terms “Controlling” and “Controlled” shall have meanings correlative thereto.

Examples of Controlled Investment Affiliates in a sentence

• The Sponsor, Controlled Investment Affiliates thereof and other co-investors, directly or indirectly (including through one or more holding companies (including Holdings and LLC Subsidiary)) shall have made (or will make substantially concurrently with the initial funding of the Loans) cash equity contributions in the form of common equity to the Borrowers in an aggregate amount equal to at least $197,958,373 (the “Equity Contribution”).

• Sterling shall have agreed to reserve $30 million (less any equity contributions made by Sterling or its Controlled Investment Affiliates to the Borrower after April 17, 2012 for future potential equity contributions in the Borrower which in any case will be made upon terms and conditions that are acceptable to Sterling in its sole discretion (the “Sterling Equity Reserve”)).

• Make any payment of fees, expenses or indemnities to the Sponsor (including pursuant to the Advisory Agreement) or its Controlled Investment Affiliates, except if and to the extent permitted by the last sentence of Section 8.10.

• In addition to the Waiver Date Sponsor Loan, Borrower is required to receive an additional unsecured senior loan from Sponsor and/or its Controlled Investment Affiliates in an aggregate principal amount of $1,000,000 which Loan shall be made pursuant to Section 8.2(xv) of the Purchase Agreement (as amended hereby) (the “New Sponsor Loan”).

• If a Lender elects to increase its Commitment, such Lender may select any of its Controlled Investment Affiliates to provide all or a portion of such Commitments or Incremental Loans.

More Definitions of Controlled Investment Affiliates

Controlled Investment Affiliates means, with respect to any Person, any other Person (including, without limitation, any fund or investment vehicle) that (i) directly, or indirectly through one or more intermediaries, controls or is controlled by or is under common control with the Person specified or, with respect to US Development Group, is otherwise a holding company owner of such Person and (ii) is organized primarily for the purpose of making investments in one or more companies; provided that any determination of whether a Person is a Controlled Investment Affiliate shall be made without giving effect to the relevant change of control transaction being considered at such time. The term “control” (including the terms “controlled by” or “under common control with”) means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of a Person, whether through the ownership of an Equity Interest, by contract or otherwise.

Controlled Investment Affiliates means as to any Person, any other Person that (a) directly or indirectly, is in control of, is controlled by, or is under common control with, such Person and (b) is organized by such Person primarily for the purpose of making equity or debt investments in one or more companies.

Controlled Investment Affiliates means, with respect to Everest, any other Person that (i) is organized primarily for the purpose of making equity investments in more than one Person and (ii) is directly or indirectly Controlled by, or under common Control with Everest, provided that “Controlled Investment Affiliates” shall exclude any portfolio company of Everest.

Controlled Investment Affiliates means, with respect to Sponsor, any fund or investment vehicle that (i) is organized by Sponsor for the purpose of making investments in one or more companies and is controlled by Sponsor or (ii) has the same principal fund advisor or manager as Sponsor or an Affiliate of such advisor or manager (provided that for purposes of the use of the term “Affiliate” in this definition, the term “control” shall have a control threshold of a majority (more than 50%) rather than 20%). For purposes of this definition “control” means the power to direct or cause the direction of management and policies of a Person, whether by contract or otherwise

Controlled Investment Affiliates means funds or partnerships managed by Platinum Equity Advisors, LLC but not including any of their operating portfolio companies.

Controlled Investment Affiliates means, with respect to Xxx Equity Partners, LLC, any fund or investment vehicle that (i) is organized by Xxx Equity Partners, LLC or an Affiliate of Xxx Equity Partners, LLC for the purpose of making investments in one or more companies and is controlled by Xxx Equity Partners, LLC or an Affiliate of Xxx Equity Partners, LLC or (ii) has the same principal fund advisor as Xxx Equity Partners, LLC or such Affiliate of Xxx Equity Partners, LLC. For purposes of this definition “control” means the power to direct or cause the direction of management and policies of a Person, whether by contract or otherwise.

Controlled Investment Affiliates means Affiliates of the JV Controlling Member who are (i) under the control of the JV Controlling Member (whether through contractual control, management or the ability to direct investment decisions) or with respect to which, by contract or otherwise, the JV Controlling Member has the right to control the voting of all Capital Stock of the Borrower held, directly or indirectly, by such Affiliate and (ii) organized for the purpose of making debt or equity investments in one or more portfolio companies.