Common use of Affiliate Clause in Contracts

Affiliate. “Affiliate” means, with respect to any party, any corporation, limited liability company, partnership, joint venture, firm and/or other entity which Controls, is Controlled by or is under common Control with such party.

Appears in 15 contracts

Samples: Executive Employment Agreement (Telx Group, Inc.), Executive Employment Agreement (SquareTwo Financial Corp), Employment Agreement (Fortress Value Acquisition Corp. II)

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Affiliate. An "Affiliate” means, with respect to any party, " shall mean any corporation, partnership, limited liability company, partnership, joint venture, firm and/or trust or other entity which Controlsdirectly, is Controlled by or indirectly through one or more intermediaries, controls, or is under common Control with such partycontrolled by, the Company.

Appears in 15 contracts

Samples: Employment Continuation Agreement (Metlife Inc), Employment Continuation Agreement (Metlife Inc), Employment Continuation Agreement (Metlife Inc)

Affiliate. “Affiliate” means, with respect to means any party, any corporation, limited liability company, partnership, joint venture, firm and/or other entity which Controls, is Controlled by that directly or indirectly through one or more intermediaries controls or is under common Control with such partycontrolled by the Company, in each case, as determined by the Committee.

Appears in 9 contracts

Samples: Term Incentive Grant Agreement (Mondelez International, Inc.), Incentive Grant Agreement (Mondelez International, Inc.), Term Incentive Grant Agreement (Mondelez International, Inc.)

Affiliate. The term AffiliateAffiliate meansof the Company, or a person “affiliated” with respect to the Company, shall mean any partyperson or entity which, any corporationdirectly or indirectly, limited liability companythrough one or more intermediaries, partnership, joint venture, firm and/or other entity which Controls, controls or is Controlled controlled by or is under common Control with such partycontrol with, the person or entity specified.

Appears in 8 contracts

Samples: Employment Agreement (Guardian Technologies International Inc), Employment Agreement (Guardian Technologies International Inc), Employment Agreement (Guardian Technologies International Inc)

Affiliate. An "Affiliate” means, with respect to any party, " shall mean any corporation, partnership, limited liability company, partnership, joint venture, firm and/or trust or other entity which Controlsdirectly, is Controlled by or indirectly through one or more intermediaries, controls, is under common Control with such partycontrol with, or is controlled by, the Company.

Appears in 8 contracts

Samples: Change in Control Agreement (Phoenix Companies Inc/De), Change in Control Agreement (Phoenix Companies Inc/De), Change in Control Agreement (Phoenix Companies Inc/De)

Affiliate. The term "Affiliate” means, with respect to " shall mean any party, any corporation, limited liability company, partnership, joint ventureperson, firm and/or other or --------- entity which Controlsdirectly or indirectly, through one or more intermediaries, controls or is Controlled by controlled by, or is under common Control with control with, any other person (including members of such partyperson's family), firm or entity.

Appears in 6 contracts

Samples: Management Services Agreement (Novamed Eyecare Inc), Management Services Agreement (Novamed Eyecare Inc), Management Services Agreement (Novamed Eyecare Inc)

Affiliate. An “Affiliate,meanswhen used in reference to the Corporation, with respect to means any partyentity controlling, any corporation, limited liability company, partnership, joint venture, firm and/or other entity which Controls, is Controlled controlled by or is under common Control control with such partythe Corporation or their respective successors or assigns.

Appears in 5 contracts

Samples: Change in Control Agreement (Barry R G Corp /Oh/), Change in Control Agreement (Barry R G Corp /Oh/), Change in Control Agreement (Barry R G Corp /Oh/)

Affiliate. The term "Affiliate” means, with respect to " shall mean any party, any corporation, limited liability company, partnership, joint ventureperson, firm and/or other or entity which Controlsdirectly or indirectly, through one or more intermediaries, controls or is Controlled by controlled by, or is under common Control with control with, any other person (including members of such partyperson's family), firm or entity.

Appears in 5 contracts

Samples: Management Services Agreement (Novamed Eyecare Inc), Management Services Agreement (Novamed Eyecare Inc), Management Services Agreement (Novamed Eyecare Inc)

Affiliate. When used with reference to the Company, "Affiliate” means, with respect to " shall mean any party, any corporation, limited liability company, partnership, joint venture, firm and/or other person or entity which Controls, that directly or indirectly through one or more intermediaries controls or is Controlled controlled by or is under common Control control with such partythe Company.

Appears in 5 contracts

Samples: Employment Agreement (American Eco Corp), Agreement (American Eco Corp), Agreement (American Eco Corp)

Affiliate. The term "Affiliate” means, with respect to " shall mean any party, any corporation, limited liability company, partnership, joint ventureperson, firm and/or other or entity --------- which Controlsdirectly or indirectly, through one or more intermediaries, controls or is Controlled by controlled by, or is under common Control with control with, any other person (including members of such partyperson's family), firm or entity.

Appears in 4 contracts

Samples: Management Services Agreement (Novamed Eyecare Inc), Management Services Agreement (Novamed Eyecare Inc), Management Services Agreement (Novamed Eyecare Inc)

Affiliate. “Affiliate” means, with respect to any partyspecified entity, any corporation, limited liability company, partnership, joint venture, firm and/or other person or entity which Controls, that directly or through one or more intermediaries controls or is Controlled controlled by or is under common Control control with such partythe specified entity. For purposes of this Agreement an “Affiliate” of Commercial Industrial Finance Corp. shall include any entity acquired or formed directly or indirectly or invested in by Commercial Industrial Finance Corp. or its subsidiaries.

Appears in 4 contracts

Samples: Non Disclosure, Non (CIFC Corp.), Non Solicitation and Severance Agreement (CIFC Deerfield Corp.), And Severance Agreement (CIFC Corp.)

Affiliate. The term “Affiliate” means, with respect to any partyfor an identified entity, any corporation, limited liability company, partnership, joint venture, firm and/or other entity which Controls, that (a) is Controlled by a Subsidiary of such identified entity; or (b) Controls or is under common Control with such partyidentified entity, but only so long as such Control exists.

Appears in 4 contracts

Samples: Settlement Agreement (Rambus Inc), Settlement Agreement (Rambus Inc), Settlement Agreement (Rambus Inc)

Affiliate. “Affiliate” means, with respect to The term "affiliate" or "affiliated companies" shall mean any party, any corporation, limited liability company, partnership, joint venture, firm and/or company or other entity which Controlscontrolled by, is Controlled by controlling, or is under common Control with such partycontrol with, the Company.

Appears in 3 contracts

Samples: Employment Agreement (Akorn Inc), Employment Agreement (Akorn Inc), Employment Agreement (Akorn Inc)

Affiliate. The term “Affiliate” means, with respect to any partyfor an identified entity, any corporation, limited liability company, partnership, joint venture, firm and/or other entity which Controls, that (a) is Controlled by a Subsidiary of such identified entity; or (b) Controls or is under common Control with of such partyidentified entity, but only so long as such Control exists.

Appears in 3 contracts

Samples: Settlement Agreement (Rambus Inc), Settlement Agreement (Rambus Inc), Settlement Agreement (Rambus Inc)

Affiliate. As used in this Agreement, an “Affiliate” meansmeans an individual, with respect to any party, any corporation, limited liability company, partnership, joint venturetrust, firm and/or or other entity which Controlsthat directly or indirectly through one or more intermediaries, controls, or is Controlled by controlled by, or is under common Control with such partycontrol with, GRS or Company, as the case may be.

Appears in 3 contracts

Samples: Media and Marketing Services Agreement (G Medical Innovations Holdings Ltd.), Media and Marketing Services Agreement (G Medical Innovations Holdings Ltd.), Media and Marketing Services Agreement (G Medical Innovations Holdings Ltd.)

Affiliate. For purposes of this Agreement, “Affiliate” means, with respect to any party, shall mean any corporation, limited liability company, partnership, joint venture, firm and/or other company or similar entity which Controls, is Controlled by or is under the control of the Company or under common Control control with such partythe Company.

Appears in 3 contracts

Samples: Release Agreement (Dresser-Rand Group Inc.), Release Agreement (Dresser-Rand Group Inc.), Release Agreement (Dresser-Rand Group Inc.)

Affiliate. An Affiliateaffiliatemeansof the Company means any foreign or domestic corporation, with respect to any party, any corporationpartnership, limited liability company, partnership, joint venture, firm firm, trust, enterprise and/or other entity which Controls(each, an “entity”) that is Controlled by or is an “affiliate” of the Company within the meaning of Rule 405 of Regulation C promulgated under common Control with such partythe Securities Act of 1933, as amended.

Appears in 3 contracts

Samples: Indemnity Agreement (COUPONS.com Inc), Indemnity Agreement (Asthmatx Inc), Indemnity Agreement (Broncus Technologies Inc/Ca)

Affiliate. An “Affiliate” means, with respect to any party, shall mean any corporation, partnership, limited liability company, partnership, joint venture, firm and/or trust or other entity which Controlsdirectly, is Controlled by or indirectly through one or more intermediaries, controls, is under common Control with such partycontrol with, or is controlled by, the Company.

Appears in 2 contracts

Samples: Employment Continuation Agreement (Phoenix Companies Inc/De), Employment Continuation Agreement (Phoenix Companies Inc/De)

Affiliate. As used in this Agreement, an “Affiliate” meansmeans an individual, with respect to any party, any corporation, limited liability company, partnership, joint venture, firm and/or trust or other entity which Controlsthat directly, or indirectly through one or more intermediaries, controls, or is Controlled by controlled by, or is under common Control with such partycontrol with, GRM or CyberDefender, as the case may be.

Appears in 2 contracts

Samples: Media and Marketing Services Agreement (Cyberdefender Corp), Media and Marketing Services Agreement (Cyberdefender Corp)

Affiliate. The word "Affiliate” means" shall mean any corporation or other organization that, with respect to any partydirectly or indirectly, any corporationthrough one or more intermediaries, limited liability company, partnership, joint venture, firm and/or other entity which Controlscontrols, is Controlled by controlled by, or is under common Control control with such partythe Company.

Appears in 2 contracts

Samples: Settlement Agreement and Release (Ap Holdings Inc), Settlement Agreement and Release (Apcoa Inc)

Affiliate. “Affiliate” meansThe term "affiliate" of any entity, with respect to any party, any corporation, partnership or limited liability companycompany shall mean any other entity, partnershipcorporation, joint venturepartnership or limited liability company controlling, firm and/or other entity which Controlscontrolled by, is Controlled by or is under common Control control with such partythe former.

Appears in 2 contracts

Samples: Office Lease (Quality Systems Inc), Office Lease (Real Media Inc)

Affiliate. When used with reference to the Company, "Affiliate” means, with respect to " shall mean any party, any corporation, limited liability company, partnership, joint venture, firm and/or other person or entity which Controls, that directly or indirectly through one or more intermediaries controls or is Controlled controlled by or is under common Control control with the Company, including but not limited to such partyperson or entity that is no longer under the common control of the Company but was at one time controlled by the Company.

Appears in 2 contracts

Samples: Employment Agreement (Teraforce Technology Corp), Employment Agreement (Teraforce Technology Corp)

Affiliate. The term “Affiliate” means, with respect to any party, any corporation, limited liability company, partnership, joint venture, firm and/or shall mean a corporation or other entity which Controlsor person which, at the time of reference, directly or indirectly through one or more intermediaries, controls, is Controlled by controlled by, or is under common Control with such partycontrol with, the Company.

Appears in 1 contract

Samples: Ross Non Qualified Share Option Agreement (Centerline Holding Co)

Affiliate. The term “Affiliate” meansmeans any company or other entity that is, with respect directly or indirectly, owned or controlled by either party to this Agreement or any party, any corporation, limited liability company, partnershipother entity, joint ventureor person that, firm and/or other entity which Controlsdirectly or indirectly, is Controlled by owns or is under common Control with such partycontrols either party to this Agreement.

Appears in 1 contract

Samples: International Distribution Agreement (Allied Defense Group Inc)

Affiliate. “AffiliateFor purposes of this Agreement, an“Affiliatemeansof the Company is a person that directly, with respect to any partyor indirectly through one or more intermediaries, any corporationcontrols, limited liability companyor is controlled by, partnership, joint venture, firm and/or other entity which Controls, is Controlled by or is under common Control with such partycontrol with, the Company.

Appears in 1 contract

Samples: Executive Employment Agreement (Cue Biopharma, Inc.)

Affiliate. “Affiliate” meansis any and all corporations, with respect partnerships, trusts and other entities directly or indirectly controlled by, controlling or subject to any party, any corporation, limited liability company, partnership, joint venture, firm and/or other direct or indirect common control of an entity which Controls, is Controlled by or is under common Control with such partyperson.

Appears in 1 contract

Samples: Course Management Agreement

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Affiliate. An "Affiliate” means" of a specified person, with respect to any party, any corporation, limited liability company, partnership, joint venture, firm and/or corporation or other entity which Controlsshall mean a person, corporation or other entity which, directly or indirectly, through one or more intermediaries, controls, or is Controlled by controlled by, or is under common Control control with, the corporation or other entity specified and when used with such partyrespect to the Company or any Subsidiary of the Company, shall include any holder of at least 5% of the capital stock, or any officer or director, of the Company.

Appears in 1 contract

Samples: Stockholders' Agreement (Syratech Corp)

Affiliate. The term “Affiliate” means, with respect to shall mean (A) any party, any corporation, limited liability company, partnership, joint venture, firm and/or other entity which Controlsthat directly or indirectly, is Controlled controlled by or the Company, (B) any entity in which the Company has a significant equity interest, (C) the parent entity of the Company, and (D) any entity that is under common Control control with such partythe Company. For purposes of this Agreement, an Affiliate shall be considered an Affiliate only for periods during which the Affiliate meets this definition of Affiliate.

Appears in 1 contract

Samples: Executive Retirement Agreement (SMURFIT-STONE CONTAINER Corp)

Affiliate. For purposes of this Agreement, an “Affiliate” meansof the Company is a person that directly, with respect to any partyor indirectly through one or more intermediaries, any corporationcontrols, limited liability companyor is controlled by, partnership, joint venture, firm and/or other entity which Controls, is Controlled by or is under common Control with such partycontrol with, the Company.

Appears in 1 contract

Samples: Executive Employment Agreement (Cue Biopharma, Inc.)

Affiliate. “Affiliate” meansmeans any entity that is wholly owned or substantially wholly owned, with respect to directly or indirectly, by Tenant or any party, of its approved members or any corporation, limited liability company, partnership, joint venture, firm and/or other entity which Controls, is Controlled by or is under common Control with such partyPreapproved Member.

Appears in 1 contract

Samples: Recognition Agreement

Affiliate. As used herein, the term "Affiliate” means, with respect " shall be deemed to any party, include any corporation, limited liability company, partnership, joint venture, firm and/or or other entity business enterprise, whether incorporated or unincorporated, which Controlsthe Company directly, or indirectly through one or more intermediaries, controls or is Controlled by controlled by, or is under common Control with such partycontrol with.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Sparta Pharmaceuticals Inc)

Affiliate. The term "Affiliate” means, with respect to any party, any corporation, limited liability company, partnership, joint venture, firm and/or " shall mean a corporation or other entity which Controlsor person which, at the time of reference, directly or indirectly through one or more intermediaries, controls, is Controlled by controlled by, or is under common Control with such partycontrol with, the Company.

Appears in 1 contract

Samples: Non Qualified Share Option Agreement (Charter Municipal Mortgage Acceptance Co)

Affiliate. The term "Affiliate” means" means a person, with respect to any partypartnership, any joint venture, company, corporation, limited liability company, partnershipor the functional or substantial equivalent of any of the foregoing under the laws of any political subdivision in the Territory, joint venturewho or which controls, firm and/or other entity which Controlsor is controlled by, is Controlled by or is under direct or indirect common Control with such partycontrol with, Master Distributor.

Appears in 1 contract

Samples: Master Distributorship Agreement (Envirometrics Inc /De/)

Affiliate. “Affiliate” means, with respect to any party, means any corporation, partnership, limited liability company, partnershipbusiness trust, joint venture, firm and/or or other entity which Controlscontrolling, is Controlled controlled by or is under common Control control with such partythe Company.

Appears in 1 contract

Samples: Change of Control Agreement (Netlogic Microsystems Inc)

Affiliate. “Affiliate” means, with respect to means the Company and any party, any other parent or subsidiary corporation, limited liability companyrelated corporations, partnershipassociated companies, joint ventureaffiliates, firm successors and/or other entity which Controls, is Controlled by or is under common Control with such partyassigns of the Company.

Appears in 1 contract

Samples: Severance and Change of Control Agreement (Netsuite Inc)

Affiliate. The term "Affiliate” means, with respect " refers to (a) any party, entity that Controls the Company or any corporation, limited liability company, partnership, joint venture, firm and/or other entity which that the Company Controls, is and/or (b) any other corporate subsidiary, parent, or entity Controlled by or is under common Control with such partythat Controls any entity referred to in (a) above.

Appears in 1 contract

Samples: Supplemental Agreement

Affiliate. When used with reference to the Company, --------- "Affiliate” means, with respect to " shall mean any party, any corporation, limited liability company, partnership, joint venture, firm and/or other person or entity which Controls, that directly or indirectly through one or more intermediaries controls or is Controlled controlled by or is under common Control control with such partythe Company.

Appears in 1 contract

Samples: Employment Agreement (American Eco Corp)

Affiliate. The term "Affiliate” means, with respect to " shall mean any party, any corporation, limited liability companyindividual, partnership, corporation, joint venture, firm and/or trust, estate, unincorporated organization, or other entity which Controlsthat, directly or indirectly through one or more intermediaries, controls, is Controlled by controlled by, or is under common Control with such partycontrol with, PANAX.

Appears in 1 contract

Samples: License Agreement (Panax Pharmaceutical Co LTD)

Affiliate. The term "Affiliate” means, with respect to any party, " shall mean any corporation, limited liability company, partnership, joint venture, firm and/or or other entity which Controlsor association that directly, or indirectly through one or more intermediaries, controls, or is Controlled by controlled by, or is under common Control with such partycontrol with, a Party.

Appears in 1 contract

Samples: Confidentiality Agreement

Affiliate. As used in this Agreement, the term “Affiliate” meansrefers to (i) any Parent, with respect to (ii) any partyEntity that Controls or manages the Company or any Entity that the Company Controls or manages, or (iii) any corporation, limited liability company, partnership, joint venture, firm and/or other entity which Controls, is Controlled by or is Entity under common Common Control with such partythe Company, or (iv) any other corporate subsidiary, parent or division of the Company, a Parent or any other Affiliate.

Appears in 1 contract

Samples: Agreement

Affiliate. The term "Affiliate” means" means any company or other entity that is, with respect directly or indirectly, owned or controlled by either party to this Agreement or any party, any corporation, limited liability company, partnershipother company, joint ventureother entity, firm and/or other entity which Controlsor person that, is Controlled by directly or is under common Control with such partyindirectly, owns or controls either party to this Agreement.

Appears in 1 contract

Samples: International Distribution Agreement (Allied Research Corp)

Affiliate. An “Affiliate” meansis (a) person, with respect to any partyassociation, any corporation, limited liability companyco-partnership, partnership, joint venturecorporation or joint-stock company or trust (hereinafter “person”) that directly or indirectly, firm and/or other entity which Controlsthrough one or more intermediaries, controls, is Controlled controlled by or is under common Control control with such party.another person, or

Appears in 1 contract

Samples: Agreement (Suncom Wireless Property Co, L.L.C.)

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