Affiliate and Control Clause Samples
The 'Affiliate and Control' clause defines what entities are considered affiliates of a party and clarifies the concept of control within the context of the agreement. Typically, it specifies that affiliates are companies that are directly or indirectly controlled by, controlling, or under common control with a party, often using criteria such as ownership of a majority of voting shares or the ability to direct management decisions. This clause ensures that the rights and obligations in the contract are properly extended to or limited for related entities, preventing ambiguity about which organizations are covered and helping to allocate responsibilities and benefits appropriately.
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Affiliate and Control. For purposes of this Agreement, “Affiliate” and “control” shall have the respective meanings assigned to such terms in Rule 12b-2 promulgated under the Exchange Act.
Affiliate and Control an issuer is an affiliate of another issuer if (a) one of them is the subsidiary of the other; or (b) each of them is controlled by the same person.
Affiliate and Control. The word “Affiliate” means, with respect to any specified person, any person that directly or indirectly through one or more intermediaries controls, or is controlled by, or is under common control with, such specified person, including, in the case of the TPG Investor and the KKR Investor, any and all entities or vehicles that are managed and/or advised by any of the TPG Investor’s Affiliates or the KKR Investor’s Affiliates respectively; provided that the Company and each of its Subsidiaries shall be deemed not to be Affiliates of the TPG Investor Entities or the KKR Investor. As used in this definition of “Affiliate”, the word “control” (including its correlative meanings, “controlled by”, “controlling” and “under common control with”) shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of such person, whether through the ownership of voting securities, by contract or otherwise.
Affiliate and Control. “Affiliate” shall mean, with respect to any entity, any other entity Controlling, Controlled by or under common Control with such entity, where “Control” and its derivatives shall mean, with regard to any entity, the legal, beneficial or equitable ownership, directly or indirectly, of interest sufficient to exercise control over the management of such entity.
Affiliate and Control. The word “affiliate” means, with respect to any person, any other person directly or indirectly controlling, controlled by, or under common control with, such person. The word “control” (including its correlative meanings, “controlled by”, “controlling” and “under common control with”) shall mean, with respect to a corporation, the right to exercise, directly or indirectly, more than 50 per cent. of the voting rights attributable to the shares of the controlled corporation and, with respect to any person other than a corporation, the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of such person.
Affiliate and Control. For purposes of this Agreement, the term "AFFILIATE" shall mean any entity (a) that directly or indirectly through one or more intermediaries controls, or is controlled by, or is under common control with, an entity, or (b) five percent (5%) or more of the equity interests of any entity who is beneficially owned or held by an entity or a subsidiary of an entity. The term "CONTROL" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting stock, by contract or otherwise. ARTICLE IV
Affiliate and Control. The word “affiliate” means, with respect to any person, any other person directly or indirectly controlling, controlled by, or under common control with, such person. In relation to an individual, an affiliate with respect to that individual shall mean his spouse, children (including adopted and step-children), his parents and his siblings, and any other person directly or indirectly controlling, controlled by, or under common control with, any of the foregoing persons. The word “control” (including its correlative meanings, “controlled by”, “controlling” and “under common control with”) shall mean, with respect to a corporation, the right to exercise, directly or indirectly, more than 50 per cent. of the voting rights attributable to the shares of the controlled corporation and, with respect to any person other than a corporation, the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of such person.