Common use of Affiliates Clause in Contracts

Affiliates. For purposes of this Agreement, the term “Affiliates” is defined as any person or 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, of the power to direct or cause the direction of management or policies (whether through ownership of securities or any partnership or other ownership interest, by contract, or otherwise) of a person or entity. For the purposes of the preceding sentence, Control shall be deemed to exist when a person or entity possesses, directly or indirectly, through one or more intermediaries (a) in the case of a corporation, more than 50% of the outstanding voting securities thereof, (b) in the case of a limited liability company, partnership, limited partnership, or joint venture, the right to more than 50% of the distributions therefrom (including liquidating distributions), or (c) in the case of any other person or entity, more than 50% of the economic or beneficial interest therein.

Appears in 17 contracts

Samples: Employment Agreement (Enviva Partners, LP), Employment Agreement (Enviva Inc.), Employment Agreement (Enviva Inc.)

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Affiliates. For purposes of this Agreement, the term “Affiliates” is defined as any person or entity Controlling, Controlled by, or Under Common under common Control with the Company, or managed by the same executives as those who manage the day to day operations of the Company. The term “Control,” including the correlative terms “Controlling,” term “Controlled By,” and “Under Common Control with,” means possession, directly or indirectly, of the power to direct or cause the direction of management or policies (whether through ownership of securities or any partnership Company or other ownership interest, by contract, contract or otherwise) of a person or entity. For the purposes of the preceding sentence, Control shall be deemed to exist when a person or entity possesses, directly or indirectly, through one or more intermediaries (a) in the case of a corporation, corporation more than 50% of the outstanding voting securities thereof, ; (b) in the case of a limited liability company, partnership, limited partnership, partnership or joint venture, the right to more than 50% of the distributions therefrom (including liquidating distributions), ; or (c) in the case of any other person or entity, more than 50% of the economic or beneficial interest therein.

Appears in 9 contracts

Samples: Employment Agreement (Pattern Energy Group Inc.), Employment Agreement (Pattern Energy Group Inc.), Executive Employment Agreement (Teladoc Health, Inc.)

Affiliates. For purposes of this Agreement, the term “Affiliates” is defined as means any person or 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, of the power to direct or cause the direction of management or policies (whether through ownership of securities or any partnership Company or other ownership interest, by contract, contract or otherwise) of a person or entity. For the purposes of the preceding sentence, Control shall be deemed to exist when a person or entity possesses, directly or indirectly, through one or more intermediaries (a) in the case of a corporation, corporation more than 50% of the outstanding voting securities thereof, ; (b) in the case of a limited liability company, partnership, limited partnership, partnership or joint venture, the right to more than 50% of the distributions therefrom (including liquidating distributions), ; or (c) in the case of any other person or entity, more than 50% of the economic or beneficial interest therein.

Appears in 8 contracts

Samples: Employment Agreement (Calumet Specialty Products Partners, L.P.), Employment Agreement (Calumet Specialty Products Partners, L.P.), Employment Agreement (Three Rivers Operating Co Inc.)

Affiliates. For purposes of this Agreement, the term “Affiliates” is defined as any person or 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, of the power to direct or cause the direction of management or policies (whether through ownership of securities or any partnership or other ownership interest, by contract, or otherwise) of a person or entity. For the purposes of the preceding sentence, Control shall be deemed to exist when a person or entity possesses, directly or indirectly, through one or more intermediaries (a) in the case of a corporation, corporation more than 50% of the outstanding voting securities thereof, (b) in the case of a limited liability company, partnership, limited partnership, or joint venture, the right to more than 50% of the distributions therefrom (including liquidating distributions), or (c) in the case of any other person or entity, more than 50% of the economic or beneficial interest therein.

Appears in 8 contracts

Samples: Employment Agreement (Enviva Partners, LP), Employment Agreement (Enviva Partners, LP), Employment Agreement (Enviva Partners, LP)

Affiliates. For purposes of this Agreement, the term “Affiliates” is defined as any person or entity Controlling, Controlled by, or Under Common under common Control with the Company, or managed by primarily the same executives as those who manage the day to day operations of the Company. The term “Control,” including the correlative terms “Controlling,” term “Controlled By,” and “Under Common Control with,” means possession, directly or indirectly, of the power to direct or cause the direction of management or policies (whether through ownership of securities or any partnership Company or other ownership interest, by contract, contract or otherwise) of a person or entity. For the purposes of the preceding sentence, Control shall be deemed to exist when a person or entity possesses, directly or indirectly, through one or more intermediaries (a) in the case of a corporation, corporation more than 50% of the outstanding voting securities thereof, ; (b) in the case of a limited liability company, partnership, limited partnership, partnership or joint venture, the right to more than 50% of the distributions therefrom (including liquidating distributions), ; or (c) in the case of any other person or entity, more than 50% of the economic or beneficial interest therein.

Appears in 5 contracts

Samples: Employment Agreement (Pattern Energy Group Inc.), Employment Agreement (Pattern Energy Group Inc.), Employment Agreement (Pattern Energy Group Inc.)

Affiliates. For purposes of this Agreement, the term “Affiliates” is defined as any person or 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, of the power to direct or cause the direction of management or policies (whether through ownership of securities or any partnership or other ownership interest, by contract, or otherwise) of a person or entity. For the purposes of the preceding sentence, Control shall be deemed to exist when a person or entity possesses, directly or indirectly, through one or more intermediaries intermediaries, (a) in the case of a corporation, more than 50% of the outstanding voting securities thereof, (b) in the case of a limited liability company, partnership, limited partnership, or joint venture, the right to more than 50% of the distributions therefrom (including liquidating distributions), or (c) in the case of any other person or entity, more than 50% of the economic or beneficial interest therein.

Appears in 2 contracts

Samples: Employment Agreement (Enviva Partners, LP), Employment Agreement (Enviva Partners, LP)

Affiliates. For purposes of this Agreement, the term “Affiliates” is defined as any person or 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, of the power to direct or cause the direction of management or policies (whether through ownership of securities or any partnership or other ownership interest, by contract, or otherwise) of a person or entity. For the purposes of the preceding sentence, Control shall be deemed to exist when a person or entity possesses, directly or indirectly, through one or more intermediaries (a) in the case of a corporation, corporation more than 50% of the outstanding voting securities thereof, (b) in the case of a limited liability company, partnership, limited partnership, or joint venture, the right to more than 50% of the distributions therefrom (including liquidating distributions), or (c) in the case of any other person or entity, more than 50% of the economic or beneficial interest therein.

Appears in 2 contracts

Samples: Employment Agreement (Enviva Partners, LP), Employment Agreement (Enviva Partners, LP)

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Affiliates. For purposes of this Agreement, the term “Affiliates” is defined as any person or 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, of the power to direct or cause the direction of management or policies (whether through ownership of securities or any partnership or other ownership interest, by contract, or otherwise) of a person or entity. For the purposes of the preceding sentence, Control shall be deemed to exist when a person or entity possesses, directly or indirectly, through one or more intermediaries (a) in the case of a corporation, corporation more than 50% of the outstanding voting securities thereof, (b) in the case of a limited liability company, partnership, limited partnership, or joint venture, the right to more than 50% of the distributions therefrom (including liquidating distributions), or (c) in the case of any other person or entity, more than 50% of the economic or beneficial interest therein.

Appears in 1 contract

Samples: Employment Agreement (Enviva Partners, LP)

Affiliates. For purposes of this Agreement, the term “Affiliates” is defined as any person or 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, of the power to direct or cause the direction of management or policies (whether through ownership of securities or any partnership Company or other ownership interest, by contract, contract or otherwise) of a person or entity. For the purposes of the preceding sentence, Control shall be deemed to exist when a person or entity possesses, directly or indirectly, through one or more intermediaries (a) in the case of a corporation, corporation more than 50% of the outstanding voting securities thereof, ; (b) in the case of a limited liability company, partnershipCompany, limited partnership, Company or joint venture, the right to more than 50% of the distributions therefrom (including liquidating distributions), ; or (c) in the case of any other person or entity, more than 50% of the economic or beneficial interest therein.

Appears in 1 contract

Samples: Employment Agreement (Medical Action Industries Inc)

Affiliates. For purposes of this Agreement, the term “Affiliates” is defined as any person or 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, of the power to direct or cause the direction of management or policies (whether through ownership of securities or any partnership or other ownership interest, by contract, or otherwise) of a person or entity. For the purposes of the preceding sentence, Control shall be deemed to exist when a person or entity possesses, directly or indirectly, through one or more intermediaries (a) in the case of a corporation, more than 50% of the outstanding voting securities thereof, (b) in the case of a limited liability company, partnership, limited partnership, or joint venture, the right to more than 50% of the distributions therefrom (including liquidating distributions), or (c) in the case of any other person or entity, more than 50% of the economic or beneficial interest therein.

Appears in 1 contract

Samples: Employment Agreement (Enviva Partners, LP)

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