Upstream Affiliate definition

Upstream Affiliate means any Person or a group (as that term is used in Rule 13d-5 as promulgated under the Exchange Act) that Beneficially Owns:
Upstream Affiliate means any entity that controls directly or indirectly, another entity or person. For the purposes of this definition, "control" of any entity or person means ownership of a majority of the voting power of the entity or person.INDEX OF DEFINED TERMS
Upstream Affiliate means (a) the Parent or (b) any direct or indirect subsidiary of the Parent that is not also a subsidiary of the Sponsor.

Examples of Upstream Affiliate in a sentence

  • Shareholders shall prevent any Upstream Affiliate from causing the transfer to any of Purchaser's Benefit Plans any assets or liabilities of any tax-qualified defined benefit pension plan or tax-qualified defined contribution plan of the Upstream Affiliate (the "Upstream Affiliate's Qualified Pension Benefit Plans").

  • At its sole discretion, Xxxxxxxxx.xx may from time to time assign or transfer any or all of its rights and obligations under this Agreement to a member of the En- xxxxxxx.xx Group, including a possible Future Xxxxxxxxx.xx Upstream Affiliate.

  • On and after the Closing Date, Shareholders shall, and shall cause the Parent or MidAmerican Capital Company ("MCC") or any other Upstream Affiliate to, retain all such liabilities.

  • Enter into any Upstream Affiliate License, or amend or modify any existing Contract to cause such Contract to become an Upstream Affiliate License.

  • On and after the Closing Date, Shareholders shall cause each affected Upstream Affiliate to remain liable for the obligations of the Upstream Affiliate's Qualified Pension Benefit Plans to the extent required under the terms of the Upstream Affiliate's Qualified Pension Benefit Plans or applicable laws.

  • No Contracts to which Seller or any of its Affiliates is a party that relate to the Business, or that are included in the Assumed Contracts, Singapore Shared Contracts, or Assumed Split Contracts, are Upstream Affiliate Licenses (other than any Contract with respect to Intellectual Property owned or controlled by Seller or any of its Affiliates prior to the JV Closing Date, including the Initial Surviving Intercompany License Agreements and the German Newco License Agreement).

  • On and after the Closing Date, except as specifically provided in this Section 9.7, Shareholders shall be, or shall cause any Upstream Affiliate that sponsors any Plan, policy or arrangement described in the first sentence of this Section 9.7(a)(iii) to be, liable for all such liabilities described in the first sentence of this Section 9.7(a)(iii).

Related to Upstream Affiliate

  • Downstream Affiliate means an entity whose outstanding Voting Shares were, at the date of issuance of the Qualifying Guarantee, more than 50 per cent. owned, directly or indirectly, by the Reference Entity.

  • Controlled Affiliate means any Affiliate of the specified Person that is, directly or indirectly, Controlled by the specified Person.

  • Excluded Affiliate means any Affiliate of any Agent that is engaged as a principal primarily in private equity, mezzanine financing or venture capital.

  • Controlled Affiliates means, with respect to a specified Person, another Person that directly, or indirectly through one or more intermediaries, has Majority Control of or is Majority Controlled by or is under common Majority Control with the Person specified.

  • Affiliated Party means, with respect to any Purchaser, any person or entity which, directly or indirectly, controls, is controlled by or is under common control with such Purchaser, including, without limitation, any general partner, officer or director of such Purchaser and any venture capital fund now or hereafter existing which is controlled by one or more general partners of, or shares the same management company as, such Purchaser.

  • BHC Affiliate has the meaning assigned to the term “affiliate” in, and shall be interpreted in accordance with, 12 U.S.C. §1841(k).

  • Excluded Affiliates means, collectively, any Affiliates of any of the Lead Arrangers that are engaged as principals primarily in private equity, mezzanine financing or venture capital.

  • Affiliated Entities means any legal entity, including any corporation, limited liability company, partnership, not-for-profit corporation, estate planning vehicle or trust, which is directly or indirectly owned or controlled by the Stockholder or his or her descendants or spouse, of which such Stockholder or his or her descendants or spouse are beneficial owners, or which is under joint control or ownership with any other person or entity subject to a lock-up agreement regarding the Common Stock with terms substantially identical to this Agreement.

  • Affiliated Entity means any entity controlling, controlled by, or under common control with an Insured.

  • Permitted Entity means with respect to a Qualified Stockholder (a) a Permitted Trust (as defined below) solely for the benefit of (i) such Qualified Stockholder, (ii) one or more Family Members of such Qualified Stockholder and/or (iii) any other Permitted Entity of such Qualified Stockholder, or (b) any general partnership, limited partnership, limited liability company, corporation or other entity exclusively owned by (i) such Qualified Stockholder, (ii) one or more Family Members of such Qualified Stockholder and/or (iii) any other Permitted Entity of such Qualified Stockholder.

  • Permitted Affiliate means with respect to any Person (a) any Person that directly or indirectly controls such Person, and (b) any Person which is controlled by or is under common control with such controlling Person. As used in this definition, the term “control” of a Person means the possession, directly or indirectly, of the power to vote eighty percent (80%) or more of any class of voting securities of such Person or to direct or cause the direction of the management or policies of a Person, whether through the ownership of voting securities, by contract or otherwise.

  • affiliated person promoter" and "principal underwriter" as used in the preceding sentence shall have the meanings assigned to each such term in the Investment Company Act of 1940, as amended.

  • Non-Affiliate means, for any specified Person, any other Person that is not an Affiliate of the specified Person.

  • Affiliate means, with respect to a specified Person, another Person that directly, or indirectly through one or more intermediaries, Controls or is Controlled by or is under common Control with the Person specified.

  • Controlling Affiliate means an Affiliate that directly or indirectly Controls the Hotel and/or Controls the entity that Controls the Hotel.

  • Screened Affiliate means any Affiliate of a Holder (i) that makes investment decisions independently from such Holder and any other Affiliate of such Holder that is not a Screened Affiliate, (ii) that has in place customary information screens between it and such Holder and any other Affiliate of such Holder that is not a Screened Affiliate and such screens prohibit the sharing of information with respect to the Company or its Subsidiaries, (iii) whose investment policies are not directed by such Holder or any other Affiliate of such Holder that is acting in concert with such Holder in connection with its investment in the Notes, and (iv) whose investment decisions are not influenced by the investment decisions of such Holder or any other Affiliate of such Holder that is acting in concert with such Holders in connection with its investment in the Notes.

  • Affiliated Persons or "AFFILIATES" means

  • Subject Company shall have the meaning set forth in Section 6.10(a).

  • Licensed person means an individual who is licensed or otherwise legally authorized to practice a professional service by a court, department, board, commission, or an agency of this state or another jurisdiction, any corporation or professional services corporation all of whose shareholders are licensed persons, any partnership all of whose partners are licensed persons, or any limited liability company all of whose members and managers are licensed persons.

  • Excluded Person means each Defendant, the directors and officers of each Defendant, the subsidiaries or affiliates of each Defendant, the entities in which each Defendant or any of that Defendant’s subsidiaries or affiliates have a controlling interest and the legal representatives, heirs, successors and assigns of each of the foregoing.

  • Restricted Entity means any "employee benefit plan" as defined in and subject to ERISA, any "plan" as defined in and subject to Section 4975 of the Code, or any entity any portion or all of the assets of which are deemed pursuant to United States Department of Labor Regulation Section 2510.3-101 or otherwise pursuant to ERISA or the Code to be, for any purpose of ERISA or Section 4975 of the Code, assets of any such "employee benefit plan" or "plan" that invests in such entity.

  • Affiliated business entity relationship means a relationship, other than a parent- subsidiary relationship, that exists when

  • Unlicensed person means any person who is not a licensed dealer under this chapter.

  • Excluded Entities has the meaning set forth in Section 2.2(b)(iv).

  • Trading Affiliate has the meaning set forth in Section 3.2(h).

  • Wholly Owned Affiliate has the meaning specified in Rule 2 of Regulation RR.