Connected Persons. The following provisions shall apply to determine whether one person is connected with another for the purposes of this Agreement: (a) a person is connected with an individual if that person is the individual’s spouse or civil partner, or is a relative of the individual or of the individual’s spouse or civil partner of the individual or of the individual’s spouse or civil partner; (b) except in relation to (i) acquisitions or disposals of partnership assets pursuant to bona fide commercial arrangements and (ii) a limited partnership in which a person held a limited partnership interest on or prior to the date of this Agreement and with respect to which neither such person nor any Connected Person of such person exercises management or control, a person is connected with any person with whom he is in partnership, and with the spouse or civil partner or relative of any individual with whom he is in partnership; (c) a body corporate is connected with another body corporate (i) if the same person has Control of both, or a person has Control of one and persons connected with him, or he and persons connected with him, have Control of the other; or (ii) if a group of two or more persons has Control of each body corporate, and the groups either consist of the same persons or could be regarded as consisting of the same persons by treating (in one or more cases) a member of either group as replaced by a person with whom he is connected; (d) a body corporate is connected with another person if that person has Control of it or if that person and persons connected with him together have Control of it; or (e) any two or more persons acting together to secure or exercise Control of a body corporate shall be treated in relation to that company as connected with one another and with any person acting on the directions of any of them to secure or exercise Control of the body corporate.
Appears in 3 contracts
Sources: Consortium Agreement (Arch Digital Holdings LTD C/O ARC Advisors (HK) LTD), Consortium Agreement (Capital Ally Investments LTD), Consortium Agreement (Tongjitang Chinese Medicines Co)