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. “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. “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 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. “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. “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 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. “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. 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 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. 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 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 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 such 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 ownership of securities or partnership or other ownership interests, by 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, or is under common control with, such Personby Licensee. For this purpose, The term “control” as used herein means (includinga) in the case of corporate entities, direct or indirect ownership of at least fifty percent (50%) of the stock or shares entitled to vote for the election of directors; or (b) in the case of non-corporate entities, direct or indirect ownership of at least fifty percent (50%) of the equity interests 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 Person, whether through the ownership of securities or partnership or other ownership interests, by Contract or otherwisesuch non-corporate entities.

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. 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. “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. “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. “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. “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. “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. 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.

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 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 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. “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. “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 mean, as means with respect to any Personperson or entity, any other Person person or entity that, directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with, such Personperson or entity. For purposes of this purposedefinition, “control,” (includingwhen used with respect to any person or entity, 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 or 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 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. 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, or is under common control with, such Personby Company. For this purpose, The term “control” as used herein means (includinga) in the case of corporate entities, direct or indirect ownership of at least 50% of the stock or shares entitled to vote for the election of directors; or (b) in the case of non-corporate entities, direct or indirect ownership of at least 50% of the equity interests 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 Person, whether through the ownership of securities or partnership or other ownership interests, by Contract or otherwisesuch non-corporate entities.

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. “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. 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. “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 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 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 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 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. “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. “The term "Affiliate” " shall mean, as with respect to any Personperson, 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 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 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. The term “Affiliate” shall mean, as to any Person, any other Person mean an entity that, directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with, such Personthat entity. For this purpose, 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 Personperson, whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract contract or otherwise, and the term “controlled” has a meaning correlative thereto.

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 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. The term “Affiliate” of any specified person shall mean, as to any Person, mean any other Person that, person directly or indirectly, controls, indirectly controlling or is controlled by, by or is under direct or indirect common control with, with such Personspecified person. For the purposes of this purposedefinition, “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 specified person means the power to direct or cause the direction of the management or and policies of a Personsuch person, directly or indirectly, 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” 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. 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. 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. “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. “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 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 mean any Person, any other Person that, entity which directly or indirectly, indirectly controls, or is controlled by, or is under common control with, such Personby Licensee. For this purpose, The term “control” as used herein means (includinga) in the case of corporate entities, direct or indirect ownership of at least 50% of the stock or shares entitled to vote for the election of directors; or (b) in the case of non-corporate entities, direct or indirect ownership of at least 50% of the equity interest 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 Person, whether through the ownership of securities or partnership or other ownership interests, by Contract or otherwisesuch non-corporate entities.

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. “Affiliate” shall mean, as to any Person, any other Person that, which directly or indirectlyindirectly is in control of, 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 A Person shall be deemed to control with”) shall mean another Person if the possessioncontrolling Person possesses, directly or indirectly, of the power to direct or cause the direction of the management or and policies of a such other Person, whether through the ownership of securities or partnership or other ownership voting securities, membership interests, by Contract contract, 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. 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. 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. The word “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 entity. For this purpose, The word “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 Personan 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 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 ▇▇▇▇▇▇, 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 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 mean, as means with respect to any Personspecified person or entity, any other Person that, person or entity that directly or indirectly, indirectly controls, or is controlled by, by or is under common control with, with such Personspecified person or entity. For this purposethe purpose of the immediately preceding sentence, the terms "control", “control” (including, with its correlative meanings, “controlled bycontrolled” and “under common control with”) shall control” mean the possession, directly or indirectly, of the power to direct or cause the direction of the management of such person or policies of a Personentity, whether through the ownership of voting securities or partnership by contract or other ownership interests, by Contract agency 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. “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 Assets 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. The term “Affiliate” shall mean, as to any Person, any other mean a Person that, that directly or indirectly, or through one or more intermediaries, controls, or is controlled by, or is under common control withwith the Person in question and any officer, director or trustee, and any stockholder or partner of any Person referred to in the preceding clause owning fifty percent (50%) or more of such 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 or policies of a Person, whether through means the ownership of securities fifty percent (50%) or partnership more of the beneficial interest or other ownership interests, by Contract or otherwisethe voting power of the appropriate entity.

Affiliate. “Affiliate” shall meanmeans, 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 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 securities or partnership or other ownership interestsvoting securities, by Contract contract or otherwise, and the terms “controlled” and “controlling” have meanings correlative thereto.

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 of a 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.direction

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. “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

Affiliate. The term “Affiliate” shall meanmeans, as with respect to any Person, any other Person thatdirectly or indirectly 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 such Person, whether through the ownership of securities or partnership or other ownership interests, by 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 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. “Affiliate” shall mean, as to means any Person, any other Person that, directly or indirectly, controls, or entity which is controlled by, controls or is under common control with, such Persona given entity. For this purposepurposes of the foregoing, “control,” (including, with its correlative meanings, including the terms “controlling,” “controlled by” and “under common control with”) shall mean control” means the possession, directly direct or indirectlyindirect, 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 or otherwise.

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. “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. An “Affiliateaffiliate” of any Person shall mean, as to mean 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 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. The term “Affiliate” of any Person shall mean, as to any Person, mean any other Person that, directly or indirectlyindirectly controlling, controls, controlled by or is controlled by, or is under common control with, such Person. For purposes of this purposedefinition, the term “control” (including, with its including the correlative meanings, meanings of the terms “controlling,” “controlled by” and “under common control with”) as used with respect to any Person, 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 ownership of securities or partnership or other ownership interestsvoting securities, by Contract contract 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 the Purchaser or is under common control withwith the Purchaser, 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 with respect to any Person, any other Person that, directly or indirectly, controls, indirectly controlling or is directly or indirectly controlled by, or is under direct or indirect common control with, such Person. For purposes of this purposedefinition, “control” a Person shall be deemed to control another Person if it (including, with its correlative meanings, “controlled by” and “under common control with”a) shall mean owns or controls fifty percent (50%) or more of the possession, directly voting equity of the other Person (or indirectly, of other comparable ownership if the Person is not a corporation) or (b) possesses 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 contract or otherwise.

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

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 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. 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. “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 mean, as with respect to any Person, any other Person thatcontrolling, controlled by or under common control with such Person, including as to the Company its controlling member ▇▇▇▇▇ ▇▇▇▇▇▇▇▇. 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 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 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” as used herein shall mean, as to mean any Person, any other Person that, person directly or indirectly, controlsthrough one or more intermediaries, controlling, controlled by or is controlled by, or is under common control withwith another person, such Personwhich, in the case of a partnership, shall include each of the general partners thereof. For this purposeThe term control, “control” (includingas used in the immediately preceding sentence, 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 interests, by Contract or otherwisecontrolled person.

Affiliate. “Affiliate,” shall mean, as applied to any Personperson, shall mean any individual or corporation, firm, limited liability company, partnership, subsidiary or other Person thatentity, in whatever country organized, directly or indirectlyindirectly controlling, controls, controlled by or is controlled by, or is under common control with, such Personwith a Party to this Agreement. For this purpose, 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 and policies of a Personperson, whether through the ownership of securities or partnership or other ownership interestsvoting securities, by Contract contract or otherwise; provided, however, that the term “Affiliate” shall not include the stockholders of the Licensee.

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, or is under common control with, such Personby Licensee. For this purpose, The term “control” as used herein means (includinga) in the case of corporate entities, direct or indirect ownership of at least fifty percent (50%) of the stock or shares entitled to vote for the election of directors; or (b) in the case non-corporate entities, direct or indirect ownership of at least fifty percent (50%) of the equity interests 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 Person, whether through the ownership of securities or partnership or other ownership interests, by Contract or otherwisesuch non-corporate entities.

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 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 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. “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. The term “Affiliate” shall include, without limitation, the Existing Subsidiaries.

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 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.