Common use of Affiliate Clause in Contracts

Affiliate. “Affiliate” shall mean, as to any Person, any other Person that, directly or indirectly, controls, or is controlled by, or is under common control with, such Person. For this purpose, “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean the possession, directly or indirectly, of the power to direct or cause the direction of management or policies of a Person, whether through the ownership of securities or partnership or other ownership interests, by Contract or otherwise.

Affiliate. “The term "Affiliate” " shall mean, as with respect to any Personperson, any other Person thatperson controlling, controlled by or under common control with such person. The term "Control" as used in the preceding sentence means, with respect to a corporation, the right to exercise, directly or indirectly, controls, or is more than 50% of the voting rights attributable to the shares of the controlled by, or is under common control with, such Person. For this purpose, “control” (includingcorporation and, with its correlative meaningsrespect to any person other than a corporation, “controlled by” 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 a Person, whether through the ownership of securities or partnership or other ownership interests, by Contract or otherwisesuch person.

Affiliate. “Affiliate” shall mean, as to means any Person, any other Person that, directly entity controlling or indirectly, controls, controlled by or is controlled by, or is under common control withwith the Company or another Affiliate, such Person. For this purposeat the time of execution of the Agreement and any time thereafter, where “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean the possession, directly or indirectly, of the power to direct or cause the direction of management or policies of a Person, whether through is defined as the ownership of securities at least fifty percent (50%) of the equity or partnership beneficial interest of such entity, and any other entity with respect to which the Company has significant management or other ownership interests, by Contract or otherwiseoperational responsibility (even though the Company may own less than fifty percent (50%) of the equity of such entity).

Affiliate. “Affiliate” shall mean, as with respect to any Person, any other Person that, directly or indirectlyindirectly controlling, controls, or is controlled by, or is under common control with, such Person. For this purpose, Person where “control” (includingshall have the meaning given such term under Rule 405 of the Securities Act of 1933, as amended; provided, that, with its correlative meaningsrespect to the Company, “controlled byAffiliate” and “under common control with”) shall mean the possession, directly not include any Principal Stockholder or indirectly, any portfolio companies of the power to direct or cause the direction of management or policies of a Person, whether through the ownership of securities or partnership or other ownership interests, by Contract or otherwiserelevant Principal Stockholder.

Affiliate. The term “Affiliate” shall mean, as with respect to any Personperson or entity, any other Person that, directly person or indirectly, entity which controls, or is controlled by, or is under common control with, with such Person. For this purpose, “control” person or entity within the meaning of Section 414(b) or (including, with its correlative meanings, “controlled by” and “under common control with”c) shall mean the possession, directly or indirectly, of the power to direct or cause the direction of management or policies of a Person, whether through the ownership of securities or partnership or other ownership interests, by Contract or otherwiseInternal Revenue Code.

Affiliate. An “Affiliate” shall mean, as to means any Person, any other Person that, person or entity that directly or indirectly, indirectly controls, or is controlled by, or is under common control with, such Personwith another. For this purpose, “control” (including, with its correlative meanings, “controlled by” and “under common control with”) Control shall mean the possession, directly beneficial ownership of 50.01% or indirectly, more of the power to direct or cause the direction of management or policies of a Person, whether through the ownership of outstanding voting securities or partnership or other ownership interests, by Contract or otherwise.

Affiliate. “The term "Affiliate” " shall mean, as with respect to any Person, any other another Person that, directly or indirectly, controls, or is controlled by, controlling or is under common control with, with such Person. For this purpose, “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean the possession, directly or indirectly, of the power to direct or cause the direction of management or policies of a Person, whether through the ownership of securities or partnership or other ownership interests, by Contract or otherwise.

Affiliate. “The term "Affiliate” " shall mean, as with respect to any Personperson, any other Person thatperson controlling, controlled by or under common control with such person. The term "Control" as used in the preceding sentence means, with respect to a corporation, the right to exercise, directly or indirectly, controls, or is more than fifty percent (50%) of the voting rights attributable to the shares of the controlled by, or is under common control with, such Person. For this purpose, “control” (includingcorporation and, with its correlative meaningsrespect to any person other than a corporation, “controlled by” 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 a Person, whether through the ownership of securities or partnership or other ownership interests, by Contract or otherwisesuch person.

Affiliate. “Affiliate” shall mean, as to means any Person, any other Person that, directly entity controlling or indirectly, controls, controlled by or is controlled by, or is under common control withwith the Company or another Affiliate, such Person. For at the time of execution of this purposeAgreement and any time thereafter, where “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean the possession, directly or indirectly, of the power to direct or cause the direction of management or policies of a Person, whether through is defined as the ownership of securities at least fifty percent (50%) of the equity or partnership beneficial interest of such entity, and any other entity with respect to which the Company has significant management or other ownership interests, by Contract or otherwiseoperational responsibility (even though the Company may own less than fifty percent (50%) of the equity of such entity).

Affiliate. “Affiliate” shall mean, as to any Person, any other Person that, directly or indirectly, controls, or is controlled by, or is under common control with, such Person. For this purpose, “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean the possession, directly or indirectly, of the power to direct or cause the direction of management or policies of a Person, whether through the ownership of securities or partnership or other ownership interests, by Contract contract or otherwise.

Affiliate. “Affiliate” shall meanmeans, as with respect to any Person, any other Person that, that directly or indirectlyindirectly Controls, controls, or is controlled by, Controlled by or is under common control with, such Control with the specified Person. For this purposeAs used in the definition of Affiliate, the term “controlControl” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean means the possession, directly or indirectly, of the power to direct or cause the direction of or the management or and policies of a Person, whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract contract or otherwise.

Affiliate. “Affiliate” shall mean, as with respect to any Person, any other Person that, directly or indirectlyindirectly controlling, controls, or is controlled by, or is under common control with, such Person. For this purpose, Person where “control” (including, with its correlative meanings, “controlled by” and “shall have the meaning given such term under common control with”) shall mean the possession, directly or indirectly, Rule 405 of the power to direct or cause Securities Act. For the direction purposes of management or policies this Agreement, Affiliates of a Personthe Company shall include all Principal Stockholders, whether through the ownership of securities or partnership or other ownership interests, by Contract or otherwiseexcept where otherwise specified.

Affiliate. The term “Affiliate” shall mean, as with respect to any Personperson, any other Person thatperson controlling, controlled by or under common control with such person. The term “Control” as used in the preceding sentence means, with respect to a corporation, the right to exercise, directly or indirectly, controls, or is more than 50% of the voting rights attributable to the shares of the controlled by, or is under common control with, such Person. For this purpose, “control” (includingcorporation and, with its correlative meaningsrespect to any person other than a corporation, “controlled by” 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 a Person, whether through the ownership of securities or partnership or other ownership interests, by Contract or otherwisesuch person.

Affiliate. For purposes of this Agreement, “Affiliateaffiliate” shall mean, as with respect to any Personperson or entity, any other Person person or entity that, directly or indirectly, indirectly controls, or is controlled by, or is under common control with, with such Person. For this purpose, “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean the possession, directly person or indirectly, of the power to direct or cause the direction of management or policies of a Person, whether through the ownership of securities or partnership or other ownership interests, by Contract or otherwiseentity.

Affiliate. “Affiliate” shall mean, as to any Person, any other of a Person that, means a Person that directly or indirectlyindirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, such the first Person. For this purpose, “controlControl” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean 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 securities or partnership or other ownership interestsvoting securities, by Contract contract, as trustee or executor, or otherwise.

Affiliate. “Affiliate” shall mean, as to any Person, any other Person that, directly or indirectly, controls, means an entity which either controls or is controlled by, by a party or is under common control withwith a party, such Person. For this purpose, where “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean the possession, directly or indirectly, of means the power to direct or cause the direction of an entity’s management and policies through ownership or policies control of a Person, whether through the ownership at least 50% of its voting securities or partnership or other ownership interests, by Contract or otherwiseinterest.

Affiliate. “Affiliate” shall mean, as to means any Person, any other Person that, directly or indirectly, controlsentity that directly, or indirectly through one or more intermediaries, is owned or controlled by, owns or controls, or is under common ownership or control with, such Person. For the Company; for this purpose, “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean of an entity means the possession, directly direct or indirectlyindirect, of the power to direct or cause the direction of the management or and policies of a Personthe entity, whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract contract or otherwise.

Affiliate. “The term "Affiliate” " as used herein shall mean, as to mean any Person, any --------- corporation or other Person that, entity which is directly or indirectlyindirectly controlling, controls, controlled by or is controlled by, or is under the common control with, such Personwith a party hereto. For the purposes of this purposedefinition, “"control” (including, with its correlative meanings, “controlled by” and “under common control with”) " shall mean the possession, directly direct or indirectly, indirect ownership of at least fifty percent (50%) of the power to direct or cause the direction of management or policies of a Person, whether through the ownership of securities or partnership outstanding shares or other voting rights of the subject entity to elect directors, or if not meeting the preceding, any entity owned or controlled by or owning or controlling at the maximum control or ownership interests, by Contract or otherwiseright permitted in the country where such entity exists.

Affiliate. An “Affiliate” of a specified Person shall meanmean a Person that directly, as to any Personor indirectly through one or more intermediaries, any other Person that, directly or indirectly, controls, controls or is controlled by, or is under common control with, such Personthe Person specified. For this purpose, “control,” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean the possession, directly direct or indirectlyindirect, of the power to direct or cause the direction of the management or and policies of a Person, whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract contract or otherwise.

Affiliate. “Affiliate” shall mean, as with respect to any Personentity, any other Person entity that, directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with, such Personentity, as determined in the sole discretion of the Board of the Corporation. For this purpose, “control” may be presumed by the direct or indirect ownership of ten percent (including, with its correlative meanings, “controlled by” and “under common control with”10%) shall mean the possession, directly or indirectly, more of the power to direct or cause the direction of management or policies of a Person, whether through the ownership of securities or partnership outstanding voting capital stock or other ownership interests, by Contract or otherwiseequity interests having ordinary voting power.

Affiliate. “The term "Affiliate” " shall mean, as mean with respect to any Person--------- person or entity, any other Person that, person or entity directly or indirectlyindirectly controlling, controls, controlled by or is controlled by, or is under common control withwith such first person or entity (for purposes of this definition, such Person. For this purpose"control" as used with respect to a person or entity, “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean the possession, directly or indirectly, of the power to direct or cause the direction of management or and policies of a Personsuch person or entity, whether through the by ownership of securities or partnership or other ownership interestsvoting securities, by Contract contract or otherwise).

Affiliate. For purposes of this Agreement, “Affiliate” shall meanmeans, as with respect to Acquiror: (i) any Person, any other Person that, person or entity that directly or indirectly, indirectly controls, is directly or is indirectly controlled by, or is directly or indirectly under common control withwith Acquiror; and (ii) each person that serves as a director, such Person. For this purposeofficer, “control” partner, executor or trustee of Acquiror or any of its Affiliates (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean the possession, directly or indirectly, of the power to direct or cause the direction of management or policies of in a Person, whether through the ownership of securities or partnership or other ownership interests, by Contract or otherwisesimilar capacity).

Affiliate. “As used throughout this Subscription Agreement, "Affiliate” shall mean, as to " means any Person, any other Person thatperson that is, directly or indirectly, controlsthrough one or more intermediaries, or is controlling, controlled by, or is under common control withwith an Initial Subscriber. The term "control," as used in the immediately preceding sentence, such Person. For this purpose, “control” (includingmeans, with its correlative meaningsrespect to a limited liability company or corporation, “controlled by” and “under common control with”) shall mean the right to exercise, directly or indirectly, more than 50% of the voting rights of such limited liability company or corporation and, with respect to any other person, 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 securities or partnership or other ownership interests, by Contract or otherwisethereof.

Affiliate. “Affiliate” For purposes of this Agreement, "affiliate" shall meanmean any entity controlling, as to any Person, any other Person that, directly or indirectly, controls, or is controlled by, or is under common control with, such Personwith the relevant entity. For purposes of this purposedefinition, “the term "control” " (including, with its correlative meanings, “controlled by” including derivative terms) means the direct or indirect ability to direct the management and “under common control with”) shall mean the possession, directly or indirectly, policy of the power to direct or cause the direction of management or policies of a Personrelevant entity, whether through the ownership by ownership, control of securities or partnership or other ownership voting interests, by Contract contract or otherwise.

Affiliate. “Affiliate” shall mean, as to any Person, of a Person means any other Person thatthat (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. For the purposes of this definition, “control,” when used with respect to any specified Person, means the power to direct the management or policies of the specified Person, directly or indirectly, controls, or is controlled by, or is under common control with, such Person. For this purpose, “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean the possession, directly or indirectly, of the power to direct or cause the direction of management or policies of a Person, whether through the ownership of securities or voting securities, partnership or other ownership limited liability company interests, by Contract contract or otherwise.

Affiliate. “Affiliate” shall meanmeans, as with respect to any Person, any other Person that, directly or indirectlyindirectly controlling, controls, controlled by or is controlled by, or is under common control with, with such Person. For this purposepurposes of the immediately preceding sentence, the term “control” (including, with its correlative meanings, the terms “controlling”, “controlled by” and “under common control with”) shall mean ), as used with respect to any Person, means the possession, directly or indirectly, of the power to direct or cause the direction of the management or and policies of a such Person, whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract contract or otherwise.

Affiliate. The term “Affiliate” shall mean, as with respect to any particular Person, any other Person thatcontrolling, directly or indirectly, controls, or is controlled by, or is under common control with, such particular Person. For this purpose, where “control” (including, together with its correlative meanings, “controlled by” and “under common control with”terms) shall mean means the possession, directly or indirectly, of the power to direct or cause the direction of management or and policies of a Person, Person whether through the ownership of securities voting securities, contract or partnership otherwise, and such “control” will be conclusively presumed if any Person owns ten percent (10%) or more of the voting capital stock or other ownership interests, by Contract directly or otherwiseindirectly, of any other Person.

Affiliate. “The term "Affiliate” " shall mean, mean any Person (as to any Person, any other Person that, defined in Section 1.24) who directly or indirectly, indirectly controls, or is controlled by, or is under common control with, such Person. For As used in this purpose, “definition of "Affiliate," the term "control” " means either (including, with its correlative meanings, “controlled by” and “under common control with”i) shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management or and policies of a Person, whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract contract or otherwise, or (ii) a direct or indirect equity interest of ten percent (10%) or more in the entity.

Affiliate. An “Affiliate” shall mean, as to means any Person, any other Person that, person or entity that directly or indirectly, indirectly controls, or is controlled by, or is under common control with, such Personwith another. For this purpose, “control” (including, with its correlative meanings, “controlled by” and “under common control with”) Control shall mean the possession, directly beneficial ownership of 50.01% or indirectly, more of the power to direct or cause the direction of management or policies of a Person, whether through the ownership of outstanding voting securities or partnership or other ownership interests, by Contract or otherwise.

Affiliate. “Affiliate” shall meanmeans, as to any Person, any other Person that, directly or indirectly, controls, or is controlled by, or is under common control with, such Person. For this purpose, “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean means the possession, directly or indirectly, of the power to direct or cause the direction of management or policies of a Person, whether through the ownership of securities or partnership or other ownership interests, by Contract contract or otherwise.

Affiliate. The term “Affiliate,” shall mean, as with respect to any specified Person, shall mean any other Person thatdirectly or indirectly controlling or controlled by or under direct or indirect common control with such specified Person. For the purposes of this definition, “control” when used with respect to any specified Person means the power to direct the management and policies of such Person, directly or indirectly, controls, or is controlled by, or is under common control with, such Person. For this purpose, “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean the possession, directly or indirectly, of the power to direct or cause the direction of management or policies of a Person, whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract contract or otherwise.; and the terms “controlling” and “controlled” have meanings correlative to the foregoing. Agent:

Affiliate. The term “Affiliate” shall mean, as with respect to any Personperson or entity, any other Person that, directly person or indirectly, entity which controls, or is controlled by, or is under common control with, with such Person. For this purpose, “control” person or entity within the meaning of Sections 414(b) or (including, with its correlative meanings, “controlled by” and “under common control with”c) shall mean the possession, directly or indirectly, of the power to direct or cause the direction of management or policies of a Person, whether through the ownership of securities or partnership or other ownership interests, by Contract or otherwiseCode.

Affiliate. “Affiliate” shall mean, as to means any Person, any other Person that, directly or indirectlyindirectly controlling, controls, or is controlled by, or is under direct or indirect common control withwith the Company and/or the Issuer, such Personas applicable. For the purposes of this purposedefinition, the term “control” (including, when used with its correlative meanings, “controlled by” and “under common control with”) shall mean the possession, directly or indirectly, of respect to any Person means the power to direct or cause the direction of management or policies of a such Person, directly or indirectly, whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract contract or otherwise.

Affiliate. “An "Affiliate” " shall mean, as with respect to any Persona person or entity, any other Person that, person or entity which directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control withwith such person or entity, such Person. For this purpose, “where "control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean the " means possession, directly or indirectly, of the power to direct or cause the direction of management or policies of a Person, (whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract agreement or otherwise).

Affiliate. “Affiliate” shall mean, as to of any Person, particular Person means any other Person thatcontrolling, directly controlled by or indirectly, controls, or is controlled by, or is under common control withwith such particular Person, such Person. For this purpose, where “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean means the possession, directly or indirectly, of the power to direct or cause the direction of management or and policies of a Person, Person whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract contract or otherwise.

Affiliate. “Affiliate” shall mean, as to means any Person, any other Person that, directly or indirectly, entity which controls, or is controlled by, or is under common control with, such Person. For with a Party during the term of this purpose, Agreement; “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean being the possession, directly direct or indirectly, indirect ownership of more than 50% of the power stock, shares or interests entitled to vote for election of directors or other governing body of the entity or otherwise having the ability to direct or cause the direction management of management or policies of a Person, whether through the ownership of securities or partnership or other ownership interests, by Contract or otherwisesuch entity.

Affiliate. An “Affiliate” shall meanof any entity is any natural person or firm, as to any Personcorporation, any partnership, association, trust or other Person thatentity which, directly or indirectly, controls, or is controlled by, or is under common control with, with such Personentity. For this purpose, The term “control” (includingin all its forms, with its correlative meanings, “controlled by” and “under common control with”) shall mean means the possession, directly or indirectly, of the power to direct or cause the direction of the management or and policies of a Personan entity, or of the power to veto major policy decisions of an entity, whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract contract, or otherwise.

Affiliate. “Affiliate” shall mean, as to any Personwhen used in connection with a particular entity, any corporation, partnership, trust, joint venture, professional association or other Person thatentity, directly or indirectlyindirectly controlling, controls, or is controlled by, or is under common control with, with such Personentity. For this purpose, “controlControl,” (including, with its correlative meanings, including “controlling,” “controlled by,” and “under common control with”) ,” shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies through ownership of voting securities, by contract or policies otherwise of a Personcorporation, whether through the ownership of securities or partnership partnership, trust, joint venture, or other ownership interests, by Contract or otherwiseentity.

Affiliate. “Affiliate” shall meanmeans any corporation or other entity (including, as to any Personbut not limited to, any other Person that, directly or indirectly, controls, or is partnerships and joint ventures) controlled by, controlling of, or is under common control with, such Person. For this purpose, the Company where “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean means the possession, directly right to elect or indirectly, appoint at least 50% of the power directors, managing members, general partners, trustees or entities exercising similar powers with respect to direct the Company or cause the direction of management or policies of a Person, applicable entity whether through the by beneficial ownership of securities or partnership or other ownership interests, by Contract proxy or otherwiseagreement, or both.

Affiliate. “Affiliate” shall mean, as with respect to any Person, any other Person that, directly or indirectlyindirectly controlling, controls, or is controlled by, or is under common control with, such Person. For this purpose, Person where “control” (including, with its correlative meanings, “controlled by” and “shall have the meaning given such term under common control with”) shall mean the possession, directly or indirectly, Rule 405 of the power to direct or cause the direction Securities Act of management or policies of a Person1933, whether through the ownership of securities or partnership or other ownership interests, by Contract or otherwiseas amended. .

Affiliate. “Affiliate” of any Person shall mean, as to any Person, any other mean a Person that, directly or indirectly, that controls, or is controlled by, or is under common control with, with such Person. For this purposeAs used herein, “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean the possession, directly or indirectly, of the power to direct or cause the direction of management or policies of a Person, whether through the ownership of securities or partnership or other ownership interests, by Contract or otherwise.a

Affiliate. “The term "Affiliate” shall mean" means, as with respect to any Personperson or entity, any other Person that, person or entity that directly or indirectly, indirectly controls, or is controlled by, or is under common control with, such Personwith or is controlled by that person or entity. For purposes of this purposedefinition, “"control” " (including, with its correlative meaningsmeaning, “the terms "controlled by” " and “"under common control with”) shall mean "), as used with respect to any person or entity, means the possession, directly or indirectly, of the power to direct or to cause the direction of the management or and policies of a Personsuch person or entity, whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract contract or otherwise.

Affiliate. The term “Affiliate” shall mean, as with respect to any Person, any other Person thatcontrolling, directly controlled by or indirectly, controls, or is controlled by, or is under common control with, with such Person. For this purpose, The term “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean as used in the preceding sentence means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of a such Person, whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract agreement or otherwise.

Affiliate. The term “Affiliate” shall mean, as with respect to any Person, any other Person thatcontrolling, directly or indirectly, controls, or is controlled by, or is under common control with, with such Person. For this purpose, The term “controlControl” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean as used in the preceding sentence means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of a such Person, whether through the by ownership of securities or partnership or other ownership interestsvoting securities, by Contract contract or otherwise; provided, however, for purposes of this Agreement, Avnet shall be considered an Affiliate of the Company.

Affiliate. “Affiliate” shall mean, as to any Person, any other Person thatwhich, directly or indirectly, controlsthrough one or more intermediaries, or is in control of, is controlled by, by or is under common control with, with such Person. For this purpose, The term “control” (including, with its correlative meanings, the terms “controlled by” and “under common control with”) shall mean ), as applied to any Person, means the possession, directly direct or indirectlyindirect, of the power to direct or cause the direction of the management or and policies of a such Person, whether through the ownership of voting securities or partnership or other ownership interestsinterest, by Contract contract or otherwise.

Affiliate. “The term "Affiliate” " shall mean, as to mean any Person, any other Person that, entity which directly or indirectly, indirectly controls, or is controlled by, by or is under common control with, such Personwith Licensee. For this purpose, “The term "control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean " as used herein means the possession, directly or indirectly, possession of the power to direct or cause the direction of the management or and the policies of a Personan entity, whether through the ownership of a majority of the outstanding voting securities or partnership or other ownership interests, by Contract contract or otherwise.

Affiliate. “Affiliate” shall meanmeans, as with respect to any specified Person, means any other Person thatentity that Controls, directly or indirectly, controls, or is controlled Controlled by, or is under common control with, Control with such Person. For this purpose, “controlControl” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean means the possession, directly or indirectly, of the power to direct or cause the direction of the management or and policies of a Personsuch entity, whether through the ownership of voting securities or partnership or other ownership interests, by Contract control, or otherwise.

Affiliate. For purposes of this Section 5.34, “Affiliate” shall meanmeans, as with respect to any Person, any other Person thatwhich, directly or indirectlyincluding, controls, or is controlled by, or is under common control with, such Person. For Solely for purposes of this purpose, definition of “Affiliate,” “control” (including, together with its correlative meanings, meanings of “controlled by” and “under common control with”) shall mean the means possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of a such Person, whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract contract or otherwise.

Affiliate. An “Affiliate” shall mean, as to of an entity means any Person, any other Person that, person or entity that directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with, such Personentity. For purposes of this purposedefinition, “the term "control” " (including, with its correlative meanings, “including the terms "controlled by” " and “"under common control with”") shall mean means the possession, directly direct or indirectly, of the indirect power to direct or cause the direction of the management or and policies of a Personperson, whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract contract or otherwise.

Affiliate. An “Affiliate” shall mean, as to means any Person, any other Person that, person or entity that directly or indirectly, indirectly controls, or is controlled by, or is under common control with, such Person. For this purpose, “control” (including, with its correlative meanings, “controlled by” and “under common control with”) another Control shall mean the possession, directly beneficial ownership of 50.01% or indirectly, more of the power to direct or cause the direction of management or policies of a Person, whether through the ownership of outstanding voting securities or partnership or other ownership interests, by Contract or otherwise.

Affiliate. “Affiliate” For purposes of this Agreement, the term "affiliate" shall mean, as with respect to any PersonPerson (including an entity), any other Person that, that directly or indirectly, indirectly controls, or is controlled by, or is under common control with, such Personwith the Person in question. For As used in this purpose, “definition of "affiliate," the term "control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean " means the possession, directly or indirectly, of the power to direct or cause the direction of the management or and policies of a Person, whether Person through the ownership of securities or partnership or other ownership interestsVoting Securities, by Contract contract, or otherwise.

Affiliate. An “Affiliateaffiliate” shall mean, as to of any Person means any other Person, any other Person that, directly or indirectlyindirectly through one or more intermediaries, controls, controls or is controlled by, or is under common control with, such Person. For , and, for the purposes of this purposedefinition only, “control” (including, with its correlative meaningsincluding the terms “controlling”, “controlled by” and “under common control with”) shall mean means the possession, directly direct or indirectlyindirect, of the power to direct or cause the direction of management the management, policies or policies activities of a Person, Person whether through the ownership of securities or partnership or other ownership interestssecurities, by Contract contract or agency or otherwise.

Affiliate. “Affiliate” shall meanmeans, as with respect to any Person, any other Person that, directly or indirectlyindirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, such Person. For this purpose, and the term “control” (including, with its correlative meanings, including the terms “controlled by” and “under common control with”) shall mean means the possession, directly or indirectly, of the power to direct or cause the direction of the management or and policies of a such Person, whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract or otherwise.

Affiliate. “Affiliate” shall mean, as mean and refer to any Person, any other directly or indirectly controlling or controlled by, or under direct or indirect common control with, or managing another Person. A Person thatshall be deemed to control another Person for the purposes of this definition if such first Person possesses, directly or indirectly, controls, or is controlled by, or is under common control with, such Person. For this purpose, “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean the possession, directly or indirectly, of the power to direct direct, or cause the direction of of, or participate in the management or and policies of a the second Person, whether through the ownership of securities voting securities, common directors, trustees, membership or partnership or other ownership interestsofficers, by Contract contract or otherwise.

Affiliate. The term “Affiliate” shall mean, as means with respect to any Person, any other Person that, that directly or indirectly, controls, indirectly through one or more intermediaries controls or is controlled by, or is under common control with, such that Person. For this purpose, The term “control” (including, with its correlative meanings, including as used in the terms “controlling,” “controlled by,” and “under common control with”) shall mean of a Person means the possession, directly direct or indirectlyindirect, of the power to direct or cause the direction of the management or and policies of a such Person, whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract contract or otherwise.

Affiliate. The term “Affiliate” shall meanmeans, as with respect to any Person, any other Person that, directly or indirectlyindirectly controlling, controls, controlled by or is controlled by, or is under common control with, with such Person. For this purpose, where “control” (includingshall have the meaning ascribed to such term under Rule 405 promulgated under the Securities Act of 1933, with its correlative meanings, “controlled by” and “under common control with”) shall mean the possession, directly or indirectly, of the power to direct or cause the direction of management or policies of a Person, whether through the ownership of securities or partnership or other ownership interests, by Contract or otherwiseas amended.

Affiliate. For purposes of this Section 7.32, “Affiliate” shall meanmeans, as with respect to any Person, any other Person thatwhich, directly or indirectly, controls, or is controlled by, or is under common control with, such Person. For Solely for purposes of this purpose, definition of “Affiliate,” “control” (including, together with its correlative meanings, meanings of “controlled by” and “under common control with”) shall mean the means possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of a such Person, whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract contract or otherwise.

Affiliate. “Affiliate” shall meanmeans, as with respect to any a specified Person, any Person directly or indirectly controlling, controlled by, or under common control with the specified Person, including without limitation their stockholders and any Affiliates thereof. A Person shall be deemed to control a corporation or other entity if the Person thatpossesses, directly or indirectly, controls, or is controlled by, or is under common control with, such Person. For this purpose, “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management and business of the corporation or policies of a Personother entity, whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract contract, or otherwise.

Affiliate. “Affiliate” of any Person shall mean, as to any Person, any other mean another Person that, that directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with, such first Person. For purposes of this purposedefinition, the term “control” (including, with its correlative meanings, including the terms “controlling,” “controlled by,” and “under common control with”) shall mean means the possession, directly direct, or indirectlyindirect, of the power to direct or cause the direction of the management or and policies of a Person, whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract or otherwise.

Affiliate. “Affiliate” shall meanmeans, as with respect to any specified Person, any other a Person that, directly or indirectly, that controls, or is controlled by, or is under common control with, with such specified Person. For this purposeAs used herein, “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean means the possession, directly or indirectly, of the power to direct or cause the direction of the management or and policies of a such Person, whether through the ownership of voting securities or partnership or other ownership interests, by Contract contract or otherwise.

Affiliate. The term “Affiliate” shall mean, as mean with respect to any Personentity, any firm, corporation, partnership, association, trust or other Person thatentity which, directly or indirectly, controls, or is controlled by, or is under common control with, the subject entity, or any family member or trust for the benefit of a family member of a person having control of such Personentity. For this purposepurposes hereof, the term “control” (including, with its correlative meanings, “controlled by” 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 and policies of a Personany such person or entity, whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract contract, or otherwise.

Affiliate. The term “Affiliate” shall mean, as with respect to any a specified Person, any other Person that, that directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with, such the specified Person. For As used in this purposedefinition, the term “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean means the possession, directly or indirectly, of the power to substantially direct or cause the direction of the management or and policies of a Person, whether through the ownership of securities voting securities, as director or partnership manager, as trustee or other ownership interestsexecutor, by Contract contract or credit arrangement or otherwise.

Affiliate. “As used in this Agreement, "Affiliate” shall mean" means, as applied to any a Person, any other Person that, directly or indirectlyindirectly controlling, controls, or is controlled by, or is under common control with, such that Person. For purposes of this purpose, “definition "control” " (including, with its correlative meanings, “the terms "controlling", "controlled by” " and “"under common control with”) shall mean "), as applied to any Person, means the possession, directly or indirectly, of the power to direct or cause the direction of the management or and policies of a that Person, whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract contract or otherwise.

Affiliate. For purposes of this Agreement, the term “Affiliate” shall mean, as (i) with respect to any Person, any other Person thatwho or which, directly or indirectly, controls, or is controlled by, or is under common control with such specified Person, including, without limitation, any general partner, officer, director or manager of such Person and any venture capital fund now or hereafter existing that is controlled by one or more general partners or managing members of, or is under common investment management with, such Person. For this purpose, “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean the possession, directly or indirectly, of the power to direct or cause the direction of management or policies of a Person, whether through the ownership of securities or partnership or other ownership interests, by Contract or otherwisePerson [***].

Affiliate. “Affiliate” shall mean, as with respect to any specified Person, any other Person thatwhich, directly or indirectly, controls, or is controlled by, or is under common control with, or is controlled by, such specified Person, through one or more intermediaries or otherwise. For purposes of this purposedefinition, the term “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean means the possession, directly direct or indirectlyindirect, of the power to direct or cause the direction of the management or policies of a Person, whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract contract or otherwise.

Affiliate. “The term "Affiliate” " shall meanmean any Person directly or indirectly controlling or controlled by, as or under direct or indirect common control with, another Person. A Person shall be deemed to any Person, any other control another Person thatfor the purposes of this definition if such first Person possesses, directly or indirectly, controls, or is controlled by, or is under common control with, such Person. For this purpose, “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean the possession, directly or indirectly, of the power to direct direct, or cause the direction of of, the management or and policies of a the second Person, whether through the ownership of securities voting securities, common directors, trustees or partnership or other ownership interestsofficers, by Contract contract or otherwise.

Affiliate. The term “Affiliate” shall mean, as with respect to any Person, any other Person thatthat directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with such Person. The term “Control” as used in the preceding sentence means, with respect to a corporation, the right to exercise, directly or indirectly, controls, or is more than 10% of the voting rights attributable to the shares of the controlled by, or is under common control with, such Person. For this purpose, “control” (includingcorporation and, with its correlative meaningsrespect to any Person other than a corporation, “controlled by” 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 a Person, such Person whether through the ownership of securities or partnership or other ownership interests, by Contract contract or otherwise.

Affiliate. “Affiliate” shall mean, as to means any Person, any other Person that, directly that owns or indirectly, controls, is owned or is controlled by, by or is under common ownership or control with, with the Person in question and any family member of such Person. For this purpose, ; “controlControl” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean means the possession, directly or indirectly, of the power to direct or cause the direction of the management or and policies of a Person, whether through the ownership of voting stock, securities or partnership or other ownership equity interests, by Contract contract or otherwise.

Affiliate. “Affiliate” shall mean, as to means any Person, any other Person that, directly or indirectlyindirectly controlling, controls, or is controlled by, or is under direct or indirect common control withwith the Company and/or Xxxxxx, such Personas applicable. For the purposes of this purposedefinition, the term “control” (including, when used with its correlative meanings, “controlled by” and “under common control with”) shall mean the possession, directly or indirectly, of respect to any Person means the power to direct or cause the direction of management or policies of a such Person, directly or indirectly, whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract contract or otherwise.

Affiliate. The term “Affiliate” shall mean, as to mean any Person, any other Person that, entity which directly or indirectly, indirectly controls, or is controlled by, by or is under common control with, such Personwith a party. For this purpose, The term “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean as used herein means the possession, directly or indirectly, possession of the power to direct or cause the direction of the management or and the policies of a Personan entity, or person, whether through the ownership of a majority of the outstanding voting securities or partnership or other ownership interests, by Contract contract or otherwise.

Affiliate. The term “Affiliate” shall mean, as mean with respect to any Person, any other Person thatwho, directly or indirectly, controls, or is controlled by, or is under common control with, or is controlled by such specified Person. For purposes of this purposedefinition, the term “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean the possession, directly or indirectly, of the power to direct or cause the direction of management management, policies or policies activities of a Person, whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract contract or otherwise.

Affiliate. As used in this Agreement, the term “Affiliate” shall meanmeans, as applied to any a Person, any other Person that, directly or indirectlyindirectly controlling, controls, or is controlled by, or is under common control with, such that Person. For purposes of this purpose, definition “control” (including, with its correlative meanings, the terms “controlling”, “controlled by” and “under common control with”) shall mean ), as applied to any Person, means the possession, directly or indirectly, of the power to direct or cause the direction of the management or and policies of a that Person, whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract contract or otherwise.

Affiliate. “As used in this Agreement, the term "Affiliate” shall mean" means, as applied to any a Person, any other Person that, directly or indirectlyindirectly controlling, controls, or is controlled by, or is under common control with, such that Person. For purposes of this purpose, “definition "control” " (including, with its correlative meanings, “the terms "controlling", "controlled by” " and “"under common control with”) shall mean "), as applied to any Person, means the possession, directly or indirectly, of the power to direct or cause the direction of the management or and policies of a that Person, whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract contract or otherwise.

Affiliate. “Affiliate” shall mean, as to means any Person, any other Person that, entity that directly or indirectly, indirectly controls, or is controlled by, or is under common control withwith Motricity or Client, such Personas the case may be. For purposes of this purposedefinition, “control” (including, with its correlative meanings, “controlled by” means the power to direct the management and “under common control with”) shall mean the possessionpolicies of an entity, directly or indirectly, of the power to direct or cause the direction of management or policies of a Person, whether through the ownership of more than 50% of the voting securities or partnership or other ownership interests, by Contract or otherwiseof such entity.

Affiliate. “The term "Affiliate” " shall mean, as to any the Company --------- (or other specified Person), any other each Person that, directly or indirectlyindirectly controlling, controlscontrolled by or under common control with the Company (or such specified Person). For purposes of this definition, or is the term "control" (including the terms "controlling," "controlled by, or is " and "under common control with, such Person. For this purpose, “control” (including, with its correlative meanings, “controlled by” and “under common control with”") shall mean means the possession, directly direct or indirectlyindirect, of the power to direct or cause the direction of the management or and policies of a Person, whether through the ownership of voting securities or partnership or other ownership interests, by Contract or otherwise.

Affiliate. “Affiliate” shall meanmeans any person, as to any Personpartnership, any joint venture, corporation or other Person that, form of enterprise which directly or indirectly, indirectly controls, or is controlled by, or is under common control with, such Persona Participant. For this purposepurpose of the preceding sentence, “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean the means possession, directly or indirectly, of the power to direct or cause the direction of management or and policies of a Person, whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract contract, voting trust or otherwise.

Affiliate. “Affiliate” shall meanmean a Person that directly, as to any Person, any other Person that, directly or indirectlyindirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, such a specified Person. For this purpose, The term “control” (including, with its correlative meanings, the terms “controlled by” and “under common control with”) shall mean means the possession, directly or indirectly, possession of more than 50 percent of the voting power to direct or cause the direction of management or and policies of a the referenced Person, whether through the ownership of securities or partnership or other ownership interests, by Contract contract or otherwise.

Affiliate. The term “Affiliate” shall mean, as with respect to any Person, any Person directly or indirectly controlling, controlled by, or under common control with such Person. For purposes hereof, “control” or any other Person thatform thereof, when used with respect to any Person, means the power to direct the management and policies of such Person, directly or indirectly, controls, or is controlled by, or is under common control with, such Person. For this purpose, “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean the possession, directly or indirectly, of the power to direct or cause the direction of management or policies of a Person, whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract contract or otherwise.

Affiliate. “The term "Affiliate” " shall mean, as to any Person, (i) any other Person that, directly or indirectlyindirectly controlling, controls, controlled by or is controlled by, or is under common control with, with such Person; (ii) the officers, directors or partners of such Person; and (iii) if such Person is an officer, director or partner, any company for which such Person acts in any such capacity. For purposes of this purpose, “definition the term "control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean the possession, directly or indirectly, of the power to direct or cause the direction of management or policies of a Person, whether through " means the ownership of securities 10% or partnership more of the beneficial or other ownership interests, by Contract or otherwisevoting interest in the Person referred to.

Affiliate. “As used in this Agreement, unless otherwise indicated, "Affiliate” " shall mean, as to mean any Person, any other Person that, person or entity which directly or indirectly, indirectly through any one or more intermediaries owns or controls, is owned or is controlled by, or is under common ownership or control withwith the Company. As used herein, such Person. For this purpose, “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean "Control" refers to the possession, directly or indirectly, of the power to direct direct, or cause the direction of of, the management or policies of a Person, whether through the ownership of voting securities or partnership or other ownership interests, by Contract or otherwise.

Affiliate. The term “Affiliate” shall meanmeans any person or entity at the time directly or indirectly controlling or controlled by, or under direct or indirect common control with a Party, during the term of this Agreement and only so long as such control exists. For purposes of this definition, “control” means the power to any Person, any other Person that, direct the management and policies of such person or entity directly or indirectly, controls, or is controlled by, or is under common control with, such Person. For this purpose, “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean the possession, directly or indirectly, of the power to direct or cause the direction of management or policies of a Person, whether through the ownership of securities or partnership voting or other ownership interestsequity securities, by Contract contract or otherwise, and shall include entities which become Affiliates after the Effective Date of this Agreement.

Affiliate. “The term "Affiliate” " shall meanmean any person or entity controlling, as controlled by or under common control with another identified person or entity. A person or entity shall be deemed to any Person, any control a corporation or other Person thatentity if such person or entity possesses, directly or indirectly, controls, or is controlled by, or is under common control with, such Person. For this purpose, “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean the possession, directly or indirectly, of the power to direct or cause the direction of management or and policies of a Personsuch corporation or other entity, whether through the ownership of securities or partnership or other ownership equity interests, by Contract contract or otherwise.. -1- Section 1.1.2

Affiliate. An “Affiliate” shall meanof any entity is any natural person or firm, as to any Personcorporation, any partnership, association, trust or other Person thatentity which, directly or indirectly, controls, or is controlled by, by or is under common control with, with such Personentity. For this purpose, The term “control” (includingin all its forms, with its correlative meanings, “controlled by” and “under common control with”) shall mean means the possession, directly or indirectly, of the power to direct or cause the direction of the management or and policies of a Personan entity, or of the power to veto major policy decisions of an entity, whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract contract, or otherwise.

Affiliate. The word “Affiliate” shall mean, as means with respect to any Personspecified person or entity, any other Person person or entity that, directly or indirectly, controls, or is controlled by, or is under common control with, or is controlled by such Personspecified person or entity. For purposes of this purposedefinition, the term “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean the possession, directly or indirectly, of the power to direct or cause the direction of management management, policies or policies activities of a Personperson or entity, whether through the ownership of voting securities or through partnership or other ownership interests, by Contract or otherwiseinterest.

Affiliate. “Affiliate” shall meanAn "affiliate" of any person or entity is any entity controlling, as to any Person, any other Person that, directly or indirectly, controls, or is controlled by, or is under common control with, with such Personperson or entity. For purposes of this purposeAgreement, “control” (including"controlling, with its correlative meanings, “controlled by” and “, or under common control with”) shall mean control" means, in the possessioncase of a corporation, directly or indirectly, ownership of greater than 50% of the power to direct or cause outstanding voting stock, and in the direction of management or policies case of a Personpartnership, whether through the ownership of securities greater than 50% of the general partner interest in either capital accounts or partnership or other ownership interests, by Contract or otherwiseprofits.

Affiliate. “As used herein, the "Affiliate” shall mean" of any entity means any entity controlling, as to any Person, any other Person that, directly or indirectly, controls, or is controlled by, or is under common control withwith such entity including, such Personwithout limitation, a party to this Agreement. For the purpose of this purposeAgreement, “"control” " means the direct or indirect ownership of more than fifty percent (including, with its correlative meanings, “controlled by” and “under common control with”50%) shall mean the possession, directly or indirectly, of the power to direct or cause the direction outstanding voting shares of management or policies of a Person, whether through the ownership of securities or partnership or other ownership interests, by Contract or otherwisean entity.

Affiliate. “The term "Affiliate” " shall mean, as with respect to any Personperson or entity, any other Person thatperson or entity controlling, directly or indirectly, controls, or is controlled by, or is under common control with, of or with such Personperson or entity. For this purpose, “control” (including, with its correlative meanings, “controlled by” and “under common control with”) Control shall mean the possession, ownership or control. directly or indirectly, indirectly of fifty percent (50%) or more of the power voting stock of the company or the ability to direct or cause control, through whatever means, the direction governing body of management or policies of a Person, whether through the ownership of securities or partnership or other ownership interests, by Contract or otherwisesuch entity.

Affiliate. “The term "Affiliate” shall mean" means, as applied to any Person, any other Person that, that directly or indirectly, indirectly controls, or is controlled by, or is under common control with, such that Person. For purposes of this purposedefinition, “"control” " (including, with its correlative meanings, “the terms "controlling", "controlled by” " and “"under common control with”) shall mean "), as applied to any Person, means the possession, directly or indirectly, of the power to direct or cause the direction of management or policies of a Person, whether through the ownership of securities or partnership or other ownership interests, by Contract or otherwise.vote

Affiliate. As used herein “Affiliate” shall meanmeans any person, as to any Personpartnership, any joint venture, corporation or other Person thatform of enterprise, domestic or foreign, including, without limitation, parents and subsidiaries, which directly or indirectlyindirectly Controls (as hereinafter defined), controls, or is controlled Controlled by, or is under common control Control with, such Personthe subject Party. For this purpose, “controlControl” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean means the possession, directly or indirectly, of the power to direct or cause the direction of the management or and operating policies of a Person, whether an entity through the ownership of fifty percent (50%) or more of the voting and/or equity securities or partnership or other ownership interests, by Contract or otherwiseof such entity.

Affiliate. As used in this Agreement, “Affiliate” shall meanmeans, as applied to any a Person, any other Person that, directly or indirectlyindirectly controlling, controls, or is controlled by, or is under common control with, such that Person. For purposes of this purpose, definition “control” (including, with its correlative meanings, the terms “controlling”, “controlled by” and “under common control with”) shall mean ), as applied to any Person, means the possession, directly or indirectly, of the power to direct or cause the direction of the management or and policies of a that Person, whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract contract or otherwise.

Affiliate. “Affiliate” shall meanThe word "affiliate" means, as with respect to any Personspecified person, any other Person thatperson who, directly or indirectly, controls, or is controlled by, or is under common control with such person, including without limitation any general partner, managing member, officer, director or trustee of such person, or any venture capital fund or investment company now or hereafter existing that is controlled by one or more general partners, managing members or investment adviser of, or shares the same management company or investment adviser with, such Person. For this purpose, “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean the possession, directly or indirectly, of the power to direct or cause the direction of management or policies of a Person, whether through the ownership of securities or partnership or other ownership interests, by Contract or otherwiseperson.

Affiliate. “The term "Affiliate” " shall mean, as mean with respect to any Personperson --------- or entity, any other Person that, person or entity directly or indirectlyindirectly controlling, controls, controlled by or is controlled by, or is under common control withwith such first person or entity (for purposes of this definition, such Person. For this purpose"control" as used with respect to a person or entity, “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean the possession, directly or indirectly, of the power to direct or cause the direction of management or and policies of a Personsuch person or entity, whether through the by ownership of securities or partnership or other ownership interestsvoting securities, by Contract contract or otherwise).

Affiliate. For purposes of this Agreement, the term “Affiliate” shall mean, as with respect to any Person, any other Person thatwho or which, directly or indirectly, controls, or is controlled by, or is under common control with such specified Person, including, without limitation, any general partner, officer, director or manager of such Person and any venture capital fund now or hereafter existing that is controlled by one or more general partners or managing members of, or is under common investment management with, such Person. For this purpose, “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean the possession, directly or indirectly, of the power to direct or cause the direction of management or policies of a Person, whether through the ownership of securities or partnership or other ownership interests, by Contract or otherwise.

Affiliate. “The term "Affiliate” " shall mean, as with respect to any Person, any other Person thatcontrolling, controlled by or under common control with such Person. The term "Control" as used in the preceding sentence means, with respect to a corporation, the right to exercise, directly or indirectly, controls, or is more than 50% of the voting rights attributable to the shares of the controlled by, or is under common control with, such Person. For this purpose, “control” (includingcorporation and, with its correlative meaningsrespect to any Person other than a corporation, “controlled by” 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 a such Person, whether through . The parties expressly understand and agree that each Owner is an Affiliate of the ownership of securities or partnership or other ownership interests, by Contract or otherwiseCompany.

Affiliate. “The term "Affiliate” " shall mean, as to mean any Person, any other Person that, entity which directly or indirectly, indirectly controls, or is controlled by, by or is under common control with, such Personwith Licensee. For this purpose, “The term "control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean " as used herein means the possession, directly or indirectly, possession of the power to direct or cause the direction of the management or and the policies of a Personan entity, whether through the ownership of a majority of the outstanding voting securities or partnership or other ownership interests, by Contract contract or otherwise.

Affiliate. “The term "Affiliate” shall mean, as to " means any Person, any other Person person or entity directly or indirectly controlling or controlled by or under common control with another person or entity; provided that, directly or indirectlyfor purposes of this definition, controls"control" (including, or is with correlative meanings, the terms "controlled by, or is " and "under common control with, such Person. For this purpose, “control” (including, with its correlative meanings, “controlled by” and “under common control with”") shall mean means the possession, directly direct or indirectlyindirect, of the power to direct or cause the direction of the management or and policies of a Personperson or entity, whether through the ownership of voting securities or partnership or other ownership interests, by Contract contract or otherwise.

Affiliate. “The term "Affiliate” " shall mean, as with respect to any specified Person, any other Person thatPerson, directly or indirectly, controls, controlling or is controlled by, by or is under direct or indirect common control with, with such specified Person. For the purposes of this purposedefinition, “"control” (including," when used with respect to any Person, with its correlative meanings, “controlled by” means the power to direct the management and “under common control with”) shall mean the possessionpolicies of such Person, directly or indirectly, of the power to direct or cause the direction of management or policies of a Person, whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract contract or otherwise; and the terms "controlling" and "controlled" have meanings correlative to the foregoing.

Affiliate. “Affiliate” shall mean, as to mean any Person, any other Person that, directly or indirectly, controls, or is controlled by, by or is under common control with, such another Person. For purposes of this purposedefinition, “control” (including, with its correlative meanings, including the terms “controlled by” and “under common control with”) shall mean the possession), directly or indirectlyas used with respect to any Person, of means the power to direct or cause the direction of the management or and policies of a such Person, directly or indirectly, whether through the ownership of voting securities or partnership or other ownership interests, by Contract contract or otherwise.

Affiliate. “Affiliate” shall mean, as mean with respect to any specified Person, any other Person that, that directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with, such specified Person. For the purposes of this purposedefinition, “control” (including, with its correlative meanings, including the terms “controlled by” and “under common control with”) ), with respect to the relationship between or among two or more Persons, shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the affairs or management or policies of a Person, whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract contract or otherwise.

Affiliate. The term “Affiliate” shall meanmeans, as with respect to any Persona party, any other Person that, directly or indirectly, entity at any tier that controls, or is controlled by, or is under common control with, such Personwith that party. For purposes of this purposedefinition, the term “control” (including, including with its correlative meanings, the terms “controlled by” and “under common control with”) shall mean means the possession, possession directly or indirectly, indirectly of the power to direct or cause the direction of the management or and policies of a Personan entity, whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract trust, management agreement, contract or otherwise.