Common use of Company Affiliate Clause in Contracts

Company Affiliate. “Company Affiliate” shall mean any Person under common control with the Company within the meaning of Sections 414(b), (c), (m) and (o) of the Code, and the regulations issued thereunder.

Appears in 9 contracts

Samples: Agreement and Plan of Merger And (Dot Hill Systems Corp), Agreement and Plan of Merger and Reorganization (St. Bernard Software, Inc.), Voting Agreement (Entropic Communications Inc)

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Company Affiliate. “Company Affiliate” shall mean any Person under common control with any of the Company Acquired Corporations within the meaning of Sections 414(b), (c), (m) and (o) of the Code, and the regulations issued thereunder.

Appears in 9 contracts

Samples: Agreement and Plan of Merger (Rae Systems Inc), Agreement and Plan of Merger (Rae Systems Inc), Agreement and Plan of Merger and Reorganization (Mikohn Gaming Corp)

Company Affiliate. “Company Affiliate” shall mean any Person under common control with any of the Company Acquired Corporations within the meaning of Sections Section 414(b), (cSection 414(c), (mSection 414(m) and (oor Section 414(o) of the Code, and the regulations issued thereunder.

Appears in 6 contracts

Samples: Agreement and Plan of Merger (Ebay Inc), Agreement and Plan of Merger (Gsi Commerce Inc), Agreement and Plan of Merger and Reorganization (Rf Micro Devices Inc)

Company Affiliate. “Company Affiliate” shall mean any Person under common control with any of the Company Target Companies within the meaning of Sections Section 414(b), (cSection 414(c), (mSection 414(m) and (oor Section 414(o) of the Code, and the regulations issued thereunder.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (AutoWeb, Inc.), Agreement and Plan of Merger (AutoWeb, Inc.), Agreement and Plan of Merger (La Jolla Pharmaceutical Co)

Company Affiliate. Company Affiliate" shall mean any Person under common control with any of the Company Acquired Corporations within the meaning of Sections Section 414(b), (cSection 414(c), (mSection 414(m) and (oor Section 414(o) of the Code, and the regulations issued thereunder.

Appears in 3 contracts

Samples: Iii Agreement and Plan of Merger and Reorganization (Macromedia Inc), Iii Agreement and Plan of Merger and Reorganization (Adobe Systems Inc), Iii Agreement and Plan of Merger and Reorganization (Adobe Systems Inc)

Company Affiliate. Company Affiliate" shall mean any Person under common control with any of the Company Acquired Corporations within the meaning of any of Sections 414(b), (c414(c), (m414(m) and (o414(o) of the Code, and the regulations issued thereunder.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Triangle Pharmaceuticals Inc), Agreement and Plan of Merger (Triangle Pharmaceuticals Inc), Agreement and Plan of Merger (Gilead Sciences Inc)

Company Affiliate. “Company Affiliate” shall mean any Person under common control with any of the Company Opnext Corporations within the meaning of Sections Section 414(b), (cSection 414(c), (mSection 414(m) and (oor Section 414(o) of the Code, and the regulations issued thereunder.

Appears in 2 contracts

Samples: Agreement and Plan of Merger and Reorganization (Opnext Inc), Agreement and Plan of Merger and Reorganization (Oclaro, Inc.)

Company Affiliate. Company Affiliate" shall mean any Person under common control with any of the Company Acquired Corporations within the meaning of Sections 414(b), (c), (m) and (o) of the Code, and the regulations issued thereunder.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Virtgame Com Corp)

Company Affiliate. “Company Affiliate” shall mean any Person under common control with the Company an Acquired Corporation within the meaning of Sections 414(b), (c), (m) and (o) of the Code, and the regulations issued thereunder.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Quest Software Inc)

Company Affiliate. “Company Affiliate” shall mean any Person under common control with any of the Company Acquired Corporations within the meaning of Sections 414(b), (c), (m) and (o) of the Code, and the regulations issued thereunder.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Foundry Networks Inc)

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Company Affiliate. “Company Affiliate” shall mean any Person under common control with any of the Company within the meaning of Sections Section 414(b), (cSection 414(c), (mSection 414(m) and (oor Section 414(o) of the Code, and the regulations issued thereunder.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Transwitch Corp /De)

Company Affiliate. “Company Affiliate” shall mean any Person under common control with any of the Company Acquired Corporations or required to be aggregated with any of the Acquired Corporations within the meaning of Sections Section 414(b), (cSection 414(c), (mSection 414(m) and (oor Section 414(o) of the Code, and the regulations issued thereunder.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Nuvelo Inc)

Company Affiliate. “Company Affiliate” shall mean any Person under common control with the Company an Acquired Corporation within the meaning of Sections 414(b), (c), (m) and (o) of the U.S. Code, and the regulations issued thereunder.

Appears in 1 contract

Samples: Share Purchase Agreement (Rackable Systems, Inc.)

Company Affiliate. “Company Affiliate” shall mean any Person under common control with any of the Company API Corporations within the meaning of Sections Section 414(b), (cSection 414(c), (mSection 414(m) and (oor Section 414(o) of the Code, and the regulations issued thereunder.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Luna Innovations Inc)

Company Affiliate. Company Affiliate" shall mean any Person under common control with the Company within the meaning of Sections 414(b), (c), (m) and (o) of the Code, and the regulations issued thereunder.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Digitalthink Inc)

Company Affiliate. “Company Affiliate” shall mean any Person any company directly or indirectly through one or more intermediaries, controlling the Company or controlled by, or under common control with the Company (within the meaning of Sections 414(b), (c), (m) and (o) of the Code, and the regulations issued thereunder).

Appears in 1 contract

Samples: Agreement and Plan of Merger And (Websense Inc)

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