Common use of Affiliates Clause in Contracts

Affiliates. For purposes of this Agreement, “Affiliates” shall mean any individuals or entities that directly or indirectly, through one or more intermediaries, controls, are controlled by or are under common control with the Company. For purposes of this definition, “control” means the power to direct the management and policies of another, whether through the ownership of voting securities, by contract or otherwise.

Appears in 16 contracts

Samples: Employment Agreement (Miller Energy Resources, Inc.), Employment Agreement (Miller Energy Resources, Inc.), Employment Agreement (Miller Energy Resources, Inc.)

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Affiliates. For purposes of this Agreement, “Affiliates” Affiliates shall mean any individuals or entities that directly or indirectly, through one or more intermediaries, controls, are controlled by or are under common control with the Company. For purposes of this definition, “control” means the power to direct the management and policies of another, whether through the ownership of voting securities, by contract or otherwise.

Appears in 10 contracts

Samples: Employment Agreement (Healthcare Integrated Technologies Inc.), Employment Agreement (Grasshopper Staffing, Inc.), Employment Agreement (Healthcare Integrated Technologies Inc.)

Affiliates. For purposes of this Agreement, an AffiliatesAffiliateshall mean any individuals or entities means an entity that directly or indirectly, through one or more intermediaries, indirectly controls, are is controlled by by, or are is under common control with the Companywith, a Party to this Agreement. For purposes of this definitionthe foregoing, “control” means the ownership of (i) greater than fifty percent (50%) of the voting power to direct elect directors of the management and policies company, or (ii) greater than fifty percent (50%) of another, whether through the ownership of voting securities, by contract or otherwise.interest in the company. It is agreed that:

Appears in 9 contracts

Samples: Master Terms, Master Terms, Master Terms

Affiliates. For purposes of this Agreement, “Affiliates” shall mean means with respect to any individuals or entities that Person, any other Person directly or indirectlyindirectly controlling, through one or more intermediaries, controls, are controlled by or are under common control with the Companyfirst Person. For the purposes of this definition, “control,when used with respect to any Person, means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of anothersuch Person, whether through the ownership of voting securities, by contract or otherwise, and the terms “controlling” and “controlled” have meanings correlative to the foregoing.

Appears in 7 contracts

Samples: Employment and Non Competition Agreement (Performance Health Holdings Corp.), Employment and Non Competition Agreement (Performance Health Holdings Corp.), Employment and Non Competition Agreement (Performance Health Holdings Corp.)

Affiliates. For purposes of this Agreement, the term “Affiliates” shall mean means any individuals person or entities that entity Controlling, Controlled by, or Under Common Control with the Company. The term “Control,” including the correlative terms “Controlling,” “Controlled By,” and “Under Common Control with” means possession, directly or indirectly, through one or more intermediaries, controls, are controlled by or are under common control with the Company. For purposes of this definition, “control” means the power to direct or cause the direction of management and or policies of another, (whether through the ownership of voting securitiessecurities of any company or other ownership interest, by contract or otherwise) of a person or entity.

Appears in 7 contracts

Samples: Employment Agreement (Emerald Expositions Events, Inc.), Employment Agreement (Emerald Expositions Events, Inc.), Employment Agreement (Emerald Holding, Inc.)

Affiliates. For purposes of As used in this Agreement, the term AffiliatesAffiliateshall mean means, as to the entity in question, any individuals person or entities entity that directly or indirectly controls, is controlled by or is under common control with, the entity in question and the term “control” means possession, directly or indirectly, through one or more intermediaries, controls, are controlled by or are under common control with the Company. For purposes of this definition, “control” means the power to direct or cause the direction of the management and policies of another, an entity whether through the ownership of voting securities, by contract or otherwise.

Appears in 6 contracts

Samples: Asset Purchase Agreement (Community Health Systems Inc), Partnership Interest Purchase Agreement (CNL Income Properties Inc), Asset Purchase Agreement (Rennova Health, Inc.)

Affiliates. For purposes of this Agreement, “Affiliates” shall mean any individuals or means all persons and entities that directly or indirectlyindirectly controlling, through one or more intermediaries, controls, are controlled by or are under common control with the Company. For purposes of this definition, “control” means the power to direct the where control may be by either management and policies of another, whether through the ownership of voting securities, by contract authority or otherwiseequity interest.

Appears in 6 contracts

Samples: Employment Agreement (Real Messenger Corp), Employment Agreement (Zoom Telephonics, Inc.), Employment Agreement (Zoom Telephonics, Inc.)

Affiliates. For purposes An “Affiliate” of this Agreementany Person means another Person that directly, “Affiliates” shall mean any individuals or entities that directly or indirectly, indirectly through one or more intermediaries, controls, are is controlled by by, or are is under common control with the Companywith, such Person. For purposes of this definition, purpose “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of anotherthe Person controlled, whether through the ownership of voting securities, by contract or otherwise.

Appears in 6 contracts

Samples: Master Separation Agreement (Pride SpinCo, Inc.), Master Separation Agreement (Seahawk Drilling, Inc.), Separation and Distribution Agreement (Carrols Restaurant Group, Inc.)

Affiliates. For purposes of this Agreement, “Affiliates” The term "affiliate" as used herein shall mean any individuals corporation controlling, controlled by or entities that under common control with Company. The term "control" shall mean the ownership, directly or indirectly, through one or more intermediaries, controls, are controlled by or are under common control with the Company. For purposes of this definition, “control” means the power to direct the management and policies a sufficient number of another, whether through the ownership shares of voting securities, by contract or otherwisestock of any corporation to elect a majority of the Board of Directors of that corporation.

Appears in 4 contracts

Samples: Compensation Plan Agreement (International Mercantile Corp), Compensation Plan Agreement (Watchout Inc), Compensation Plan Agreement (International Mercantile Corp)

Affiliates. For purposes of this Agreement“Affiliate” means, “Affiliates” shall mean as to a Person, any individuals or entities that other Person that, directly or indirectly, through one or more intermediaries, controls, are is controlled by by, or are is under common control with the Companywith, such Person. For the purposes of this definition, the term “control” means the power to direct the management and policies of another, whether through the means: (a) beneficial ownership of more than fifty percent (50%) of the voting securities of a corporation, business organization or any other entity with voting securities, by contract (b) an interest of more than fifty percent (50%) in the net assets or otherwise.profits of a partnership, business organization or any other entity without voting securities,

Appears in 4 contracts

Samples: Sbir/STTR Research Agreement, Sbir/STTR Sponsored Research Agreement, Sbir/STTR Sponsored Research Agreement

Affiliates. For purposes of As used in this Agreement, "Affiliates" shall mean any individuals partnership, joint venture, limited liability company or entities that corporation that, directly or indirectly through one or more intermediaries Controls, or is Controlled by, or is under common Control with, the Company. The term "Control" includes, without limitation, the possession, directly or indirectly, through one or more intermediaries, controls, are controlled by or are under common control with the Company. For purposes of this definition, “control” means the power to direct the management and policies of anothera corporation, partnership, joint venture or limited liability company, whether through the ownership of voting securities, by contract or otherwise.

Appears in 4 contracts

Samples: Employment Agreement (Corporate Staffing Resources Inc), Employment Agreement (Corporate Staffing Resources Inc), Employment Agreement (Corporate Staffing Resources Inc)

Affiliates. For purposes of As used in this Agreement, "Affiliates" shall mean any individuals partnership, joint venture, limited liability company or entities that corporation that, directly or indirectly through one or more intermediaries Controls, or is Controlled by, or is under common Control with, any person. The term "Control" includes, without limitation, the possession, directly or indirectly, through one or more intermediaries, controls, are controlled by or are under common control with the Company. For purposes of this definition, “control” means the power to direct the management and policies of anothera corporation, partnership, joint venture or limited liability company, whether through the ownership of voting securities, by contract or otherwise.

Appears in 3 contracts

Samples: Employment Agreement (Marlin Business Services Inc), Employment Agreement (Marlin Business Services Inc), Employment Agreement (Marlin Business Services Inc)

Affiliates. For purposes of As used in this Agreement, the term AffiliatesAffiliateshall mean means, as to the entity in question, any individuals Person that directly or entities that indirectly controls, is controlled by or is under common control with, the entity in question and the term “control” means possession, directly or indirectly, through one or more intermediaries, controls, are controlled by or are under common control with the Company. For purposes of this definition, “control” means the power to direct or cause the direction of the management and policies of another, an entity whether through the ownership of voting securities, by contract or otherwise. For the avoidance of doubt, the Partial Subsidiaries shall not be deemed to be “Affiliates” of Sellers for the purposes of this Agreement.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Community Health Systems Inc), Asset Purchase Agreement (Community Health Systems Inc)

Affiliates. For purposes of As used in this Agreement, the term AffiliatesAffiliateshall mean means, as to the entity in question, any individuals Person that directly or entities that indirectly controls, is controlled by or is under common control with, the entity in question and the term “control” means possession, directly or indirectly, through one or more intermediaries, controls, are controlled by or are under common control with the Company. For purposes of this definition, “control” means the power to direct or cause the direction of the management and policies of another, an entity whether through the ownership of voting securities, by contract or otherwise.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Community Health Systems Inc), Asset Purchase Agreement (Community Health Systems Inc)

Affiliates. For purposes of As used in this AgreementLease, the term "Affiliates” shall mean " means any individuals person that now or entities that hereafter, directly or indirectly, indirectly through one or more intermediaries, controls, are is controlled by or are is under common control with the Companyanother person. For purposes of this definitionA Person shall be deemed to control a corporation, “control” means partnership or limited liability company if such person possesses, directly or indirectly, the power to direct or cause the direction of the management and policies of anothersuch corporation, partnership or limited liability company, whether through the ownership of voting securitiessecurities or interests, by contract contract, or otherwise.

Appears in 2 contracts

Samples: Eddie Bauer Holdings, Inc., Eddie Bauer Holdings, Inc.

Affiliates. For purposes of In this Agreement, “AffiliatesAffiliateshall mean means any individuals or entities that directly or indirectlyentity which from time to time Controls, through one or more intermediaries, controls, are controlled is Controlled by or are is under common control Control with the Company. For purposes of this definitionrelevant party or entity, where controlControl” means having the power ability (including, without limitation, by means of a majority of voting rights or the right to direct appoint or remove a majority of the board of directors) to control the management and policies of another, whether through the ownership of voting securities, by contract or otherwisean entity.

Appears in 2 contracts

Samples: Ibm Terms of Business, www.ibm.com

Affiliates. For all purposes of this Agreement, the term AffiliatesAffiliateshall mean any individuals or entities means, with respect to a specified entity, an entity that directly or indirectly, indirectly through one or more intermediaries, controls, are is controlled by or are under common control with the Company. For purposes of this definitionentity, in each case where the term “control” means possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of anotheran entity, whether through the ownership of voting securities, by contract interest or otherwise.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (THC Therapeutics, Inc.), Common Stock Purchase Agreement (THC Therapeutics, Inc.)

Affiliates. For purposes of this Agreement, “Affiliates” As used herein the term "affiliate" shall mean and include any individuals person or entities that directly or indirectlybusiness entity controlling, through one or more intermediaries, controls, are controlled by or are under common control with the Companycorporation in question. For purposes The term "controlled", "controlling", "controlled by" and "under common control with", as used with respect to any person, means the possession, directly or indirectly, of this definition, “control” means the power to direct or cause the direction of the management and policies of anothersuch person, whether through the ownership of voting securities, securities or by contract or otherwise.

Appears in 2 contracts

Samples: Employment Agreement (Multicare Companies Inc), Employment Agreement (Multicare Companies Inc)

Affiliates. For purposes of this Agreement, “AffiliatesAffiliate” shall mean any individuals individual or entities entity that directly or indirectly, through one or more intermediaries, controls, are controlled by or are under common control with the Parent or Company. For purposes of this definition, “control” means the power to direct the management and policies of another, whether through the ownership of voting securities, by contract or otherwise.

Appears in 1 contract

Samples: Employment Agreement (Miller Energy Resources, Inc.)

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Affiliates. For purposes of this Agreement, The term “Affiliates” shall mean any individuals and refer to a Person, and/or Corporation which is directly or entities that indirectly owned or controlled by a party hereto, or which owns or controls such party, or which is in common control with such party. The term “control” shall mean the possession, directly or indirectly, through one the ownership of securities, by contract, arrangement, understanding, relationship or more intermediariesotherwise, controls, are controlled by or are under common control with the Company. For purposes of this definition, “control” means the power to direct or cause the direction of management and policies of another, whether through the ownership of voting securities, by contract or otherwisea Person and/or Corporation.

Appears in 1 contract

Samples: Sub License and Distribution Agreement (Star Link Software Inc)

Affiliates. For purposes of this Agreement, the term “Affiliates” shall mean means any individuals person or entities that entity Controlling, Controlled by, or Under Common Control with the Company. The term “Control,” including the correlative terms “Controlling,” “Controlled By,” and “Under Common Control with” means possession, directly or indirectly, through one or more intermediaries, controls, are controlled by or are under common control with the Company. For purposes of this definition, “control” means the power to direct or cause the direction of management and or policies of another, (whether through the ownership of voting securitiessecurities of any company or other ownership interest, by contract contract, or otherwise.) of a person or entity. [signature page follows]

Appears in 1 contract

Samples: Employment Agreement (Tradeweb Markets Inc.)

Affiliates. For purposes of this Agreement“Affiliate” means as to any entity, “Affiliates” shall mean any individuals or entities that other entity that, directly or indirectly, through one or more intermediariesControls, controls, are controlled is Controlled by or are is under common control Control with such entity. “Control,” as used in this Section 3.18, means with respect to any entity, the Company. For purposes possession directly or indirectly, of this definition, “control” means the power to direct or cause the direction of the management and policies of anothersuch entity, whether through the ownership of voting securities, by contract securities (or other ownership interest) or otherwise.

Appears in 1 contract

Samples: Economic Development Agreement

Affiliates. For purposes of this AgreementAs used herein, “Affiliates” "affiliates" shall mean mean, as to any individuals person or entities that entity, any other person or entity directly or indirectlyindirectly controlling, through one or more intermediaries, controls, are controlled by or are under common control with the Company. For purposes of this definition(i.e., “control” means the power to direct the management and policies affairs by reason of another, whether through the ownership of voting securitiesstock, by contract contract, interlocking Directors, or otherwise) with such person or entity and any member, director, officer, employee, attorney, or agent of such person or entity.

Appears in 1 contract

Samples: Channel Use and Programming Agreement (American Independent Network Inc)

Affiliates. For purposes of this Agreement, “Affiliates” means, with respect to any Person, any other Person directly or indirectly controlling, controlled by or under common control with such Person. For purposes hereof, the term “control” shall mean any individuals or entities that the possession, directly or indirectly, through one or more intermediaries, controls, are controlled by or are under common control with the Company. For purposes of this definition, “control” means the power to direct or cause the direction of the management and or policies of anotherany Person, or the power to veto major policy decisions of such Person, whether through the ownership of voting securities, by contract agreement, or otherwise.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Carey Watermark Investors Inc)

Affiliates. For purposes of this Agreement, the term “Affiliates” shall mean means any individuals person or entities that entity Controlling, Controlled by, or Under Common Control with the Company. The term “Control,” including the correlative terms “Controlling,” “Controlled By,” and “Under Common Control with” means possession, directly or indirectly, through one or more intermediaries, controls, are controlled by or are under common control with the Company. For purposes of this definition, “control” means the power to direct or cause the direction of management and or policies of another, (whether through the ownership of voting securitiessecurities of any company or other ownership interest, by contract contract, or otherwise) of a person or entity.

Appears in 1 contract

Samples: Employment Agreement (Liveperson Inc)

Affiliates. For purposes of this Agreement, “Agreement "Affiliates" of a person shall mean any individuals a person who directly, or entities that directly or indirectly, indirectly through one or more intermediaries, controls, are or is controlled by by, or are is under common control with with, such person; the Company. For purposes term "control" means the possession, directly or indirectly, of this definition, “control” means the power to direct or cause the direction of the management and or policies of anothera person, whether through the ownership of voting securities, by contract or otherwise.

Appears in 1 contract

Samples: Stock Purchase Agreement (Fidelity National Financial Inc /De/)

Affiliates. For purposes of this Agreement“Affiliate” means a company or entity that, “Affiliates” shall mean any individuals or entities that directly or indirectly, through one or more intermediaries, controls, are is controlled by or are is under common control with the Companya party to this Agreement. For purposes of this definition, controlControl” means the power to direct the management and policies or indirect ownership interest of anotherat least 50% of an entity, whether through the or ownership of the capital stocks or the voting securitiesrights of a company or entity, by contract or otherwisethe right to control or direct management of a company or entity.

Appears in 1 contract

Samples: Mutual Non Disclosure Agreement

Affiliates. For purposes of this Agreement, “AffiliatesAffiliate” shall mean with respect to the Company, any individuals or entities other person that directly or indirectly, indirectly through one or more intermediaries, intermediaries controls, are is controlled by or are is under common control with with, the Company. For purposes of this definitionAs used herein, the term “control” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of anothera person, whether through the ownership of voting securities, by contract or otherwise.

Appears in 1 contract

Samples: Employment Agreement (Copano Energy, L.L.C.)

Affiliates. For purposes of As used in this AgreementLease, “Affiliates” shall mean the term "Affiliate" means, as to any individuals or entities that directly or indirectlyentity, through one or more intermediariesany other entity which is controlled by, controls, are controlled by or are is under common control with such entity. The term "control" (including the Company. For purposes terms "controlled," "controlled by" and "under common control with") shall mean the possession, direct or indirect, of this definition, “control” means the power to direct or cause the direction of the management and policies of another, whether through an entity. The term "Affiliates" shall be the ownership of voting securities, by contract or otherwiseplural reference to "Affiliate."

Appears in 1 contract

Samples: Office Lease (Elec Communications Corp)

Affiliates. For purposes of As used in this Agreement, "Affiliates" shall mean any individuals partnership, joint venture, limited liability company or entities that corporation that, directly or indirectly through one or more intermediaries Controls, or is Controlled by, or is under common Control with, the Company. The term "Control" includes, without limitation, the possession, directly or indirectly, through one or more intermediaries, controls, are controlled by or are under common control with the Company. For purposes of this definition, “control” means the power to direct the management and policies of anothera corporation, whether through the ownership of voting securities, by contract or otherwise.partnership,

Appears in 1 contract

Samples: Employment Agreement (Corporate Staffing Resources Inc)

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