Common use of Control Clause in Contracts

Control. The term “control” (including the terms “controlling,” “controlled by” and “under common control with”) means the possession, direct or indirect, of the power, either individually or with others, to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise. (Rule 405 under the Securities Act of 1933, as amended)

Appears in 16 contracts

Samples: Purchase Agreement (Roxio Inc), Purchase Agreement (Bank of the James Financial Group Inc), Securities Purchase Agreement (Babyuniverse, Inc.)

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Control. The term "control" (including the terms "controlling,” “" "controlled by" and "under common control with") means the possession, direct or indirect, of the power, either individually or with others, to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise. (Rule 405 under the Securities Act of 1933, as amended)

Appears in 8 contracts

Samples: Registration Rights Agreement (Microislet Inc), Purchase Agreement (Triangle Pharmaceuticals Inc), Purchase Agreement (Triangle Pharmaceuticals Inc)

Control. The term controlControl” (including the terms “controlling,” “controlled by” and “under common control with”) means shall mean the possession, direct directly or indirectindirectly, of the power, either individually or with others, power to direct or cause the direction of the management and policies of a personPerson, whether through the ownership of voting securities, by contract, contract or otherwise. (Rule 405 under the Securities Act of 1933, as amended).

Appears in 6 contracts

Samples: Agreement and Plan of Merger (Becoming Art Inc), Employment Agreement (Oxford Media, Inc.), Stock Purchase Agreement (Oxford Media, Inc.)

Control. The term “control” Control (including the terms "controlling,” “", "controlled by" and "under common control with") means shall mean the possession, direct or indirect, possession of the a power, either individually directly or with others, to direct or cause the direction of the management and policies of a personindirectly, whether through the ownership of voting securities, by contract, contract or otherwise. (Rule 405 under the Securities Act of 1933, as amended):

Appears in 6 contracts

Samples: Management Continuity Agreement (Ralston Purina Co), Management Continuity Agreement (Ralston Purina Co), Management Continuity Agreement (Ralston Purina Co)

Control. The term controlControl” (including the correlative terms “controllingControlling,” “controlled Controlled by” and “under common control Control with”) means shall mean the possession, direct directly or indirectindirectly, of the power, either individually or with others, power to direct or cause the direction of the management and policies of a personPerson, whether through the ownership of voting securities, by contract, contract or otherwise. (Rule 405 under the Securities Act of 1933, as amended).

Appears in 5 contracts

Samples: Limited Liability Company Agreement (Penske Automotive Group, Inc.), Limited Liability Company Agreement (Penske Automotive Group, Inc.), Limited Liability Company Agreement (Penske Automotive Group, Inc.)

Control. The term “control” (including the terms “controlling,” “controlled by” and “under common control with”) means shall mean the possession, direct or indirect, of the power, either individually or with others, power to direct or cause the direction of the management and policies of a personPerson, whether through the ownership of voting securities, by contract, contract or otherwise. (Rule 405 under the Securities Act of 1933, as amended).

Appears in 5 contracts

Samples: First Supplemental Trust Agreement (Masonite International Corp), Warrant Agreement (Masonite International Corp), First Supplemental Trust Agreement (Masonite International Corp)

Control. The term “controlControl(including the terms “controlling,” “controlled by” and “under common control with”) means the possession, direct directly or indirectindirectly, of the power, either individually or with others, power to direct or cause the direction of the management and policies of a personany Person, whether through the ownership of voting securitiesequity interests, by contractcontract or otherwise and either alone or in conjunction with others. 12/27/11 Muhlenberg Co., or otherwise. (Rule 405 under the Securities Act of 1933, as amended)Ky. 1

Appears in 5 contracts

Samples: Asset Purchase Agreement (Armstrong Energy, Inc.), Asset Purchase Agreement (Armstrong Energy, Inc.), Asset Purchase Agreement (Armstrong Energy, Inc.)

Control. The term “control” Control (including the terms "controlling,” “" "controlled by" and "under common control with") means shall mean the possession, direct or indirect, possession of the a power, either individually directly or with others, to direct or cause the direction of the management and policies of a personindirectly, whether through the ownership of voting securities, by contract, contract or otherwise. (Rule 405 under the Securities Act of 1933, as amended):

Appears in 4 contracts

Samples: Management Continuity Agreement (Ralston Purina Co), Management Continuity Agreement (Ralston Purina Co), Management Continuity Agreement (Ralston Purina Co)

Control. The term “controlControlrefers to direct or indirect ownership of more than fifty (including 50) per cent of the voting rights of a corporation, company or other legal entity. The terms deriving from the word controlling,” Control”, such as controlled byControls” and “under common control with”) means Controlled by" will have the possession, direct or indirect, of the power, either individually or with others, to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise. (Rule 405 under the Securities Act of 1933, as amended)same meaning.

Appears in 4 contracts

Samples: Guarantee Agreement (Kosmos Energy Ltd.), eiti-ge.org, Kosmos Energy Ltd.

Control. The term “control” (including including, with correlative meanings, the terms “controlling,” “controlled by” and “under common control with”) ), as applied to any Person, means the possession, direct directly or indirectindirectly, of the power, either individually or with others, power to direct or cause the direction of the management and policies of a personthat Person, whether through the ownership of voting securities, by contract, contract or otherwise. (Rule 405 under the Securities Act of 1933, as amended).

Appears in 4 contracts

Samples: Subscription Agreement (Hydrogen Co), Subscription Agreement (Hydrogenics Corp), Subscription Agreement (Hydrogenics Corp)

Control. The As such term “control” (is used with respect to any person or entity, including the correlative meanings of the terms “controlling,” “controlled by” and “under common control with”) means , shall mean the possession, direct directly or indirectindirectly, of the power, either individually or with others, power to direct or cause the direction of the management and policies of a personsuch person or entity, whether through the ownership of voting securities, by contract, contract or otherwise. (Rule 405 under the Securities Act of 1933, as amended).

Appears in 4 contracts

Samples: Loan Agreement (First Foundation Inc.), Loan Agreement (NNN Healthcare/Office REIT, Inc.), Loan Agreement (Intermountain Community Bancorp)

Control. The term “control” Control" (including the terms "controlling,” “" "controlled by," and "under common control with”) means "), as used with respect to any Person, shall mean the possession, direct directly or indirectindirectly, of the power, either individually or with others, power to direct or cause the direction of the management and policies of a personsuch Person, whether through the ownership of voting securities, securities or by contract, or otherwise. (Rule 405 under the Securities Act of 1933, as amended).

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Hoovers Inc), Agreement and Plan of Merger (Supervalu Inc), Agreement and Plan of Merger (Richfood Holdings Inc)

Control. The term controlControl” (including the terms “controlling,” “controlled by,” and “under common control with”) means ), as used with respect to any Person, shall mean the possession, direct directly or indirectindirectly, of the power, either individually or with others, power to direct or cause the direction of the management and policies of a personsuch Person, whether through the ownership of voting securities, securities or by contract, or otherwise. (Rule 405 under the Securities Act of 1933, as amended).

Appears in 4 contracts

Samples: Purchase Agreement (Net Element, Inc.), Membership Interest (Net Element, Inc.), Membership Interest Purchase Agreement (Net Element, Inc.)

Control. The term “controlControl” (including the terms “controlling,” “controlled by” and “under common control with”) means shall mean the possession, direct directly or indirectindirectly, of the power, either individually or with others, power to direct or cause the direction of the management and policies of a personPerson, whether through the ownership of voting securities, by contract, contract or otherwise. (Rule 405 under the Securities Act of 1933, as amended).

Appears in 4 contracts

Samples: Stock Purchase Agreement (Asia Special Situation Acquisition Corp), Stock Purchase Agreement (Asia Special Situation Acquisition Corp), Stock Purchase Agreement (China Tel Group Inc)

Control. The term “control” Control" (including the terms "controlling,” “" "controlled by" and "under common control with") means the possession, direct or indirect, possession of the power, either individually directly or with othersindirectly, (a) to elect a majority of the board of directors (or equivalent governing body) of the entity in question; or (b) to direct or cause the direction of the management and policies of a personor with respect to the entity or assets in question, whether through the ownership of voting securities, by contract, contract or otherwise. (Rule 405 under the Securities Act of 1933, as amended).

Appears in 3 contracts

Samples: Shareholder Agreement (Interstate Bakeries Corp/De/), Shareholder Agreement (Ralston Purina Co), Shareholder Agreement (Interstate Bakeries Corp/De/)

Control. The term “control” Control (including the terms “controlling,” ”, controlled Controlled by” and “under common control with”) means shall mean the possession, direct or indirect, possession of the a power, either individually directly or with others, to direct or cause the direction of the management and policies of a personindirectly, whether through the ownership of voting securities, by contract, contract or otherwise. (Rule 405 under the Securities Act of 1933, as amended):

Appears in 3 contracts

Samples: Management Continuity Agreement (Interstate Bakeries Corp/De/), Management Continuity Agreement (Interstate Bakeries Corp/De/), Management Continuity Agreement (Interstate Bakeries Corp/De/)

Control. The term “control” (including the terms “controlling,” “controlled by” and “under common control with”) means the possession, direct or indirect, of the power, either individually or with others, to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise. (Rule 405 under the Securities Act of 1933, as amended).

Appears in 3 contracts

Samples: Private Placement Finder’s Agreement (Goldrich Mining Co), Purchase Agreement (Goldrich Mining Co), Subscription Agreement (Goldrich Mining Co)

Control. The term “control” (including the terms “controlling,” “controlled by” and “under common control with”) means Control" means, with respect to any person or entity, ------- the possession, direct or indirect, of the power, either individually or with others, power to direct or cause the direction of the management and policies of a personsuch person or entity, whether through the ownership of voting securities, by contract, contract or otherwise. (Rule 405 under the Securities Act of 1933, as amended).

Appears in 3 contracts

Samples: Indemnification Agreement (Novamed Eyecare Inc), Indemnification Agreement (Web Street Inc), Indemnification Agreement (Divine Interventures Inc)

Control. The term “control” Control" (including the terms "controlling,” “" "controlled by," and "under common control with”) means "), as used with respect to any Person, shall mean the possession, direct directly or indirectindirectly, of the power, either individually or with others, power to direct or 2 cause the direction of the management and policies of a personsuch Person, whether through the ownership of voting securities, securities or by contract, or otherwise. (Rule 405 under the Securities Act of 1933, as amended).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Ivex Packaging Corp /De/), Agreement and Plan of Merger (Ivex Packaging Corp /De/)

Control. The term “control” (including the terms “controlling,” “controlled by” and “under common control with”) means the CONTROL" shall mean possession, direct directly or indirectindirectly, of the power, either individually or with others, power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, contract or otherwise. (Rule 405 under the Securities Act of 1933, as amended).

Appears in 2 contracts

Samples: Stockholders' Agreement (Century Maintenance Supply Inc), Stockholders' Agreement (Century Maintenance Supply Inc)

Control. The “Control” means, as such term “control” (is used with respect to any person or entity, including the correlative meanings of the terms “controlling,” “controlled by” and “under common control with”) means , the possession, direct directly or indirectindirectly, of the power, either individually or with others, power to direct or cause the direction of the management and policies of a personsuch person or entity, whether through the ownership of voting securities, by contract, contract or otherwise. (Rule 405 under the Securities Act of 1933, as amended).

Appears in 2 contracts

Samples: Loan Agreement (Tandem Health Care, Inc.), Loan Agreement (Regeneration Technologies Inc)

Control. The term “control” (including Control," as used with respect to any Person, shall mean the terms “controlling,” “controlled by” and “under common control with”) means the -------- possession, direct directly or indirectindirectly, of the power, either individually or with others, power to direct or cause the direction of the management and policies of a personsuch Person, whether through the ownership of voting securities, securities or by contract, contract or otherwise. (Rule 405 under "Control," as used with respect to securities or other property, shall mean the Securities Act power to exercise or direct the exercise of 1933any voting rights associated therewith, as amended)or the power to dispose or direct the disposition thereof, or both.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Blackhawk Bancorp Inc), Agreement and Plan of Merger (Blackhawk Bancorp Inc)

Control. The term “control” Control" (including the terms "controlling,” “" "controlled by," and "under common control with") means shall mean the possession, direct or indirect, indirect possession of the power, either individually or with others, power to direct or cause the direction of the management and policies of a personPerson, corporation, partnership, limited liability company or other entity, whether through the ownership of voting securities, by contract, or otherwise. (Rule 405 under the Securities Act of 1933, as amended).

Appears in 2 contracts

Samples: Shareholders' Agreement (Hanover Capital Holdings Inc), Shareholders' Agreement (Hanover Capital Holdings Inc)

Control. The term “controlControl” (including the correlative meanings of the terms “controlling,” Controlling”, controlled Controlled by”, and “under common control with”) means ” as used with respect to any Person, shall mean the possession, direct directly or indirectindirectly, of the power, either individually or with others, power to direct or cause the direction of the management and policies of a person, such Person whether through the ownership Ownership of voting securities, by contract, or otherwise. (Rule 405 under the Securities Act of 1933, as amended).

Appears in 2 contracts

Samples: Management Agreement (CNL Healthcare Trust, Inc.), Assumption Agreement (American Realty Capital Healthcare Trust II, Inc.)

Control. The term “controlControl(including the terms “controlling,” “controlled by” and “under common control with”) means shall mean the possession, direct directly or indirectindirectly, of the power, either individually or with others, power to direct or cause the direction of the management and or policies of a personPerson, whether through the ownership of voting securitiessecurities or general partnership or managing member interests, by contract, contract or otherwise. (Rule 405 under “Controlling” and “Controlled” shall have the Securities Act correlative meanings. Without limiting the generality of 1933the foregoing, as amended)a Person shall be deemed to Control any other Person in which it owns, directly or indirectly, 49% or more of the ownership interests.

Appears in 2 contracts

Samples: Loan and Security Agreement (Manchester Inc), Loan and Security Agreement (Manchester Inc)

Control. The term “control” (including the terms “controlling,” “with correlative meaning, controlled by” by and under common control with”) means ): as used with respect to any Person, the possession, direct directly or indirectindirectly, of the power, either individually or with others, power to direct or cause the direction of the management and policies of a personsuch Person, whether through the ownership of voting securities, by contract, contract or otherwise. (Rule 405 under the Securities Act of 1933, as amended).

Appears in 2 contracts

Samples: Stock Purchase Agreement (Inverness Medical Innovations Inc), Membership Purchase Agreement (Vse Corp)

Control. The term controlControl” (including the terms “controlling,” “controlled by,” and “under common control with”) means ), as used with respect to any Person, shall mean the possession, direct directly or indirectindirectly, of the power, either individually or with others, power to direct or cause the direction of the management and policies of a personsuch Person, whether through the ownership of voting securities, securities or by contract, or otherwise. (Rule 405 under the Securities Act of 1933, as amended)

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Dimon Inc), Agreement and Plan of Reorganization (Standard Commercial Corp)

Control. The As used herein, the term "control" means, (including including, with correlative meaning, the terms "controlling,” “" "controlled by" and "under common control with") means with respect to any Person, the possession, direct directly or indirectindirectly, of the power, either individually or with others, power to direct or cause the direction of the management and management, policies or investment decisions of a personsuch Person, whether through the ownership of voting securities, by contract, contract or otherwise. (Rule 405 under the Securities Act of 1933, as amended).

Appears in 2 contracts

Samples: Fee Agreement (National Waterworks Inc), Management Agreement (National Waterworks Inc)

Control. The term “control” (including the terms “controlling,” “controlled by” and “under common control with”) means CONTROL" shall mean the possession, direct directly or indirectindirectly, of the power, either individually or with others, power to direct or cause the direction of the management and or policies of a personPerson, whether through the ownership of voting securities, by contract, contract or otherwise. (Rule 405 under , and the Securities Act of 1933, as amended)terms "CONTROLLING" and "CONTROLLED" shall have meanings correlative thereto.

Appears in 2 contracts

Samples: Transfer and License Agreement (Arch Chemicals Inc), Technology Transfer and License Agreement (Primex Technologies Inc)

Control. The term “control” (including the terms “controlling,” “controlled by” and “under common control with”) word "Control" means the possession, direct or indirect, of the power, either individually or with others, power to direct or cause the direction of the management and policies of a personPerson or entity, whether through the ownership of voting securities, by contract, or otherwise. (Rule 405 under the Securities Act of 1933, as amended).

Appears in 2 contracts

Samples: License Agreement (Sonic Corp), Guaranty and Restriction Agreement (Sonic Corp)

Control. The term “control” (including the terms “controlling,” “controlled by” and “under common control with”) Control" means the possession, direct directly or indirectindirectly, of the power, either individually or with others, power to direct or cause the direction of the management and or policies of a personPerson, whether through the ownership of voting securities, by contract, contract or otherwise. (Rule 405 under the Securities Act of 1933, as amended)and "Controlling" and "Controlled" shall have corresponding meanings.

Appears in 2 contracts

Samples: Operating Agreement (Aladdin Gaming Holding LLC), Operating Agreement (Aladdin Gaming Enterprises Inc)

Control. The term “control” (including the terms “controllingControl,” “controlled by” and “under common control with”) means " as used with respect to any Person, shall mean the possession, direct directly or indirectindirectly, of the power, either individually or with others, power to direct or cause the direction of the management and policies of a personsuch Person, whether through the ownership of voting securities, securities or by contract, contract or otherwise. (Rule 405 under "Control," as used with respect to securities or other property, shall mean the Securities Act power to exercise or direct the exercise of 1933any voting rights associated therewith, as amended)or the power to dispose or direct the disposition thereof, or both.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Mutual Savings Bank), Agreement and Plan of Merger (First Northern Capital Corp)

Control. The term controlControl” (including the terms “controlling,” terms, “controlled by” and “under common control with”) control” means the possession, direct directly or indirectindirectly, of the power, either individually or with others, power to direct or cause the direction of the management and policies of a personPerson, whether through the ownership of voting securities, by contractcontract or credit arrangement, or otherwise. (Rule 405 under the Securities Act of 1933, as amended).

Appears in 2 contracts

Samples: Transition Services Agreement (Artio Global Investors Inc.), Indemnification and Co Operation Agreement (Artio Global Investors Inc.)

Control. The term controlControl” (including the terms its correlative meanings, controlling,” “controlled Controlled by” and “under common control Control with”) means the possession, direct or indirect, of the power, either individually or with others, power to direct or cause the direction of the management and policies of a personPerson, whether through the ownership of voting securitiesinterests or capital stock, by contract, contract or otherwise. (Rule 405 under the Securities Act of 1933, as amended).

Appears in 2 contracts

Samples: Cash Replacement Award Agreement (Alight Inc. / DE), Cash Replacement Award Agreement (Alight Inc. / DE)

Control. The term "control" (including the terms " controlling,” “" "controlled by" and "under common control with") means includes the possession, direct or indirect, of the power, either individually or with others, to direct or cause the direction of the management and policies of a personperson or entity, whether through the ownership of voting securities, by contract, or otherwise. (Rule 405 under the Securities Act of 1933, as amended).

Appears in 2 contracts

Samples: Subscription Agreement (Galacticomm Technologies Inc), Stock Subscription Agreement (Galacticomm Technologies Inc)

Control. The As such term “control” (is used with respect to any person or entity, including the correlative meanings of the terms “controlling,” “"controlled by," "controlling" and "under common control with”) means ", shall mean the possession, direct directly or indirectindirectly, of the power, either individually or with others, power to direct or cause the direction of the management and policies of a personsuch person or entity, whether through the ownership of voting securities, by contract, contract or otherwise. (Rule 405 under the Securities Act DEFAULT: Any event, circumstance or condition, which, if it were to continue uncured, would, with notice or lapse of 1933time or both, as amended)constitute an Event of Default hereunder.

Appears in 1 contract

Samples: Loan Agreement (Medical Properties Trust Inc)

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Control. The term “control” (including including, with a correlative meaning, the terms “controlling,” “controlled by” and “under common control withof”) means means, with respect to any Person, the possessionpower, whether direct or indirect, of the power, either individually or with others, to direct or cause the direction or determination of the management and policies of a personsuch Person, whether through ownership or title to more than 50% (fifty percent) of the ownership shares, partnership interests or other equivalent voting securities in such Person or by virtue of voting securities, by contract, agreement, act or otherwise. (Rule 405 under the Securities Act of 1933, as amended);

Appears in 1 contract

Samples: Asociación en Participación” Agreement (Codere Online Luxembourg, S.A.)

Control. The term “control” (including the terms “controlling,” “controlled by” and “under common control with”) ), with respect to the relationship between or among two or more Persons, means the possession, direct directly or indirectindirectly, or as trustee, personal representative or executor, of the power, either individually or with others, power to direct or cause the direction of the affairs or management and policies of a personPerson, whether through the ownership of voting securities, as trustee, personal representative or executor, by contract, contract or otherwise. (Rule 405 under the Securities Act of 1933, as amended).

Appears in 1 contract

Samples: Sale and Purchase Agreement (W R Grace & Co)

Control. The term controlControl(including means, as to any Person, the terms “controlling,” “controlled by” and “under common control with”) means the possession, direct or indirect, of the power, either individually or with others, power to direct or cause the direction of the management and policies of a personsuch Person, whether through the ownership of voting securities, by contract, contract or otherwise. (Rule 405 under the Securities Act of 1933, as amended)The term “Controlled” shall have a correlative meaning.

Appears in 1 contract

Samples: Asset Acquisition Agreement (Panacea Acquisition Corp)

Control. The term “control” (including the terms “controlling,” “controlled by” and “under common control with”) means CONTROL' shall mean the possession, direct directly or indirectindirectly, of the power, either individually or with others, power to direct or cause the direction of the management and or policies of a personPerson, whether through the ownership of voting securities, by contract, contract or otherwise. (Rule 405 under , and the Securities Act of 1933, as amended)terms "CONTROLLING" and "CONTROLLED" shall have meanings correlative thereto.

Appears in 1 contract

Samples: Agreement (Primex Technologies Inc)

Control. The term “control” (Control," including the terms “controlling,” “"controlled by" and “under common "under, control with”) means ", shall mean the possession, direct directly or indirectindirectly, or as trustee or executor, of the power, either individually or with others, power to direct or cause the direction of the management and or policies of a personPerson, whether through the ownership of voting securitiesstock, as trustee or executor, by contract, contract or credit arrangement or otherwise. (Rule 405 under the Securities Act of 1933, as amended).

Appears in 1 contract

Samples: Credit, Capitalization and Financing Agreement (Compost America Holding Co Inc)

Control. The term “control” (including the terms “controlling,” “controlled by” and “under common control with”) means Control, as used with respect to any Person, shall mean the possession, direct directly or indirectindirectly, of the power, either individually or with others, power to direct or cause the direction of the management and policies of a personsuch Person, whether through the ownership of voting securities, securities or by contract, contract or otherwise. (Rule 405 The phrases Controlled by and under the Securities Act of 1933, as amended)common Control with shall have corresponding meanings.

Appears in 1 contract

Samples: Shareholders’ Agreement (Amgen Inc)

Control. The term “control” (including the terms “controlling,” “controlled by” including, with correlative meaning, Controlled by and under common control Control with) means as used with respect to any Person, the possession, direct directly or indirectindirectly, of the power, either individually or with others, power to direct or cause the direction of the management and policies of a personsuch Person, whether through the ownership of voting securities, by contract, contract or otherwise. (Rule 405 under the Securities Act of 1933, as amended).

Appears in 1 contract

Samples: Asset Purchase Agreement (Vistula Communications Services, Inc.)

Control. The term “controlControl” (including the terms controllingControlling,” “controlled Controlled by” and “under common control Control with”) means shall mean the possession, direct or indirect, of the power, either individually or with others, power to direct or cause the direction of the management and policies of a person, whether Person through the ownership of voting securitiesVoting Power, by contract, contract or otherwise. (Rule 405 under the Securities Act of 1933, as amended).

Appears in 1 contract

Samples: Stockholders Agreement (Gramercy Capital Corp)

Control. The term “control” (including the terms “controlling,” “controlled by” and “under common control with”) means "Control" shall mean, with respect to any person or entity, the possession, direct directly or indirectindirectly, of the power, either individually or with others, power to direct or cause the direction of the management and or policies of a personperson or entity, whether through the ownership of voting securities, by contract, securities or otherwise. (Rule 405 under the Securities Act of 1933, as amended).

Appears in 1 contract

Samples: Corporation Agreement (Borror Realty Co)

Control. The term “control” (including the terms “controlling,” “controlled by” and "under common control with”) means the possession, direct or indirect, of the power, either individually or with others, to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise. (Rule 405 under the Securities Act of 1933, as amended)

Appears in 1 contract

Samples: Corporation Purchase Agreement (Advancis Pharmaceutical Corp)

Control. The term “controlControl(including the terms “controlling,” “controlled by” and “under common control with”) means shall mean the possession, direct or indirect, of the power, either individually or with others, power to direct or cause the direction of the management and policies of a personperson or entity, whether through the ownership of voting securities, by contract, contract or otherwise. (Rule 405 under the Securities Act of 1933, as amended).

Appears in 1 contract

Samples: Berkshire Hathaway Homeservices Franchise Agreement (WCI Communities, Inc.)

Control. The term “control” (including the terms “controlling,” “controlled by” and “under common control with”) means the possession, direct or indirect, of the power, either individually or with others, to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise. (Rule 405 promulgated under the Securities Act Act). Group. The term “group” includes a partnership, syndicate or other group, whether formally organized or not, which has as a purpose acquiring, holding or disposing of 1933, as amended)securities of the Company.

Appears in 1 contract

Samples: Securities Purchase Agreement (Novadel Pharma Inc)

Control. The term “control” CONTROL" (including the terms “controlling,” “"controlled by" and "under common control with") means the possession, direct directly or indirectindirectly or as trustee or executor, of the power, either individually or with others, power to direct or cause the direction of the management and or policies of a personPerson, whether through the ownership of voting securitiesstock, as trustee or executor, by contract, contract or credit arrangement or otherwise. (Rule 405 under the Securities Act of 1933, as amended).

Appears in 1 contract

Samples: Asset Purchase Agreement (American Architectural Products Corp)

Control. The term word controlControl(including the terms “controlling,” “controlled by” and “under common control with”) means the possession, direct or indirect, of the power, either individually or with others, power to direct or cause the direction of the management and policies of a personPerson or entity, whether through the ownership of voting securities, by contract, or otherwise. (Rule 405 under the Securities Act of 1933, as amended)

Appears in 1 contract

Samples: License Agreement (Sonic Corp)

Control. The term “control” (including the terms “controlling,” “controlled by” with correlative meaning, Controlled by and under common control Control with) means as used with respect to any Person, the possession, direct directly or indirectindirectly, of the power, either individually or with others, power to direct or cause the direction of the management and policies of a personsuch Person, whether through the ownership of voting securities, by contract, contract or otherwise. (Rule 405 under the Securities Act of 1933, as amended).

Appears in 1 contract

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

Control. The term “control” (including the terms “controlling,” “controlled controlling,”“controlled by” and “under common control with”) means the possession, direct or indirect, of the power, either individually or with others, to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise. (Rule 405 under the Securities Act of 1933, as amended)

Appears in 1 contract

Samples: Securities Purchase Agreement (American Technology Corp /De/)

Control. The term “control” Control" (including the terms “controlling,” “controlled Controlled by” and “under common control Control with”) means the possession, direct directly or indirectindirectly, of the power, either individually or with others, power to direct or cause the direction of the management and or policies of a person, (whether through the ownership of voting securitiessecurities or partnership or other ownership interests, by contract, contract or otherwise. (Rule 405 under the Securities Act of 1933, as amended).

Appears in 1 contract

Samples: Asset Purchase Agreement (Vuance)

Control. The term “control” (including including, with correlative meanings, the terms “controlling,” “controlled by” and “under common control with”), when used with respect to any Person: (a) means the possession, direct directly or indirectindirectly, of the power, either individually or with others, power to direct or cause the direction of the management and policies of a personsuch Person, whether through the ownership of voting securities, by contractcontract or otherwise, or otherwise. (Rule 405 under b) the Securities Act ownership, either directly or indirectly, of 1933, as amended)at least a majority of the voting stock or other voting equity interest of such Person.

Appears in 1 contract

Samples: Loan and Trust Agreement (Advanced BioEnergy, LLC)

Control. The term controlControl” (including the terms “controlling,” “controlled by” and “under common control with”) means ), as used with respect to any Person, shall mean the possession, direct directly or indirectindirectly, of the power, either individually or with others, power to direct or cause the direction of the management and policies of a personsuch Person, whether through the ownership of voting securities, by contract, contract or otherwise. (Rule 405 under the Securities Act of 1933, as amended).

Appears in 1 contract

Samples: Purchase Agreement (Manitowoc Co Inc)

Control. The term “control” "Control" (including the terms "controlling,” “", "controlled by" and "under common control with") means the possession, direct directly or indirectindirectly, of the power, either individually or with others, power to direct or cause the direction of or the management and policies of a personPerson, whether through the ownership of voting securities, by contract, securities or otherwise. (Rule 405 under the Securities Act of 1933, as amended).

Appears in 1 contract

Samples: Stock Purchase Agreement (Wang Laboratories Inc)

Control. The term “control” (including the terms “controlling,” “controlled by” and “under common control with”) means the possession, direct directly or indirectindirectly, of the power, either individually or with others, power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, contract or otherwise. (Rule 405 under the Securities Act of 1933, as amended).

Appears in 1 contract

Samples: Securities Purchase Agreement (Electric City Corp)

Control. The As such term “control” (is used with respect to any person or entity, including the correlative meanings of the terms “controlling,” “controlled by” and “under common control with”) means , shall mean the possession, direct directly or indirectindirectly, of the power, either individually or with others, power to direct or cause the direction of the management and policies of a personsuch person or entity, whether through the ownership of voting securities, by contract, contract or otherwise. (Rule 405 under the Securities Act Default or default: Any event, circumstance or condition, which, if it were to continue uncured, would, with notice or lapse of 1933time or both, as amended)constitute an Event of Default hereunder.

Appears in 1 contract

Samples: Loan Agreement (YADKIN FINANCIAL Corp)

Control. The term “control” (including the terms “controlling,” “controlled Controlled by” and “under common control Control with”) means the possession, direct directly or indirectindirectly, of the power, either individually or with others, power to direct or cause the direction of the management and policies of a personPerson, whether through the ownership of voting securities, by contract, as trustee or executor, or otherwise. (Rule 405 under the Securities Act of 1933, as amended)Deferred Compensation Plan: Wausau Benefits 2000 Deferred Compensation Plan.

Appears in 1 contract

Samples: Stock Purchase Agreement (Fiserv Inc)

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