Common use of Controlled Group Clause in Contracts

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the Borrower, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 of ERISA.

Appears in 11 contracts

Samples: Credit Agreement (Interpool Inc), Credit Agreement (Cybex International Inc), Credit Agreement (Moore Handley Inc /De/)

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Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the BorrowerCompany, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 of ERISA.

Appears in 7 contracts

Samples: Credit and Security Agreement (Sepracor Inc /De/), Line Agreement (Watson General Corp), Revolving Credit Agreement (Guess Inc Et Al/Ca/)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the Borrower, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 400l of ERISA.

Appears in 5 contracts

Samples: Credit and Term Loan Agreement (Open Link Financial, Inc.), Credit and Term Loan Agreement (Open Link Financial, Inc.), Revolving Credit Agreement (Ross Stores Inc)

Controlled Group. All trades or businesses (whether or not incorporated) ---------------- under common control that, together with the BorrowerCompany, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 of ERISA.

Appears in 5 contracts

Samples: Credit Agreement (Brookstone Inc), Credit Agreement (Excel Switching Corp), Credit Agreement (Excel Switching Corp)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the Borrower, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 40001 of ERISA. Copyright Office. The United States Copyright and Trademark Office or any other federal government agency which may hereafter perform its functions.

Appears in 4 contracts

Samples: Credit Agreement (Acme Intermediate Holdings LLC), Credit Agreement (Pegasus Communications Corp), Credit Agreement (Pegasus Communications Corp)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the Borrower, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 of ERISA.

Appears in 2 contracts

Samples: Term Loan Agreement (Fibercore Inc), Credit Agreement (Network Peripherals Inc)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the Borrower, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 of ERISA. Credit Line Advance. See Section 2.2.

Appears in 2 contracts

Samples: Credit Agreement (Cybex International Inc), Credit Agreement (Cybex International Inc)

Controlled Group. All members of a controlled group of corporations, all trades or businesses (whether or not incorporated) under common control and all other organizations or entities that, together with any one (or more) of the BorrowerBorrowers, are treated as a single employer under Section 414(b), (c), (m) or 414(c(o) of the Code or Section 4001 400l of ERISA.

Appears in 2 contracts

Samples: Pledge Agreement (United States Leather Inc /Wi/), Revolving Credit Agreement (United States Leather Inc /Wi/)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the BorrowerCredit Parties, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 of ERISA.

Appears in 2 contracts

Samples: Credit and Security Agreement (Dewolfe Companies Inc), Revolving Credit Agreement (Biosphere Medical Inc)

Controlled Group. All trades or businesses (whether or not ---------------- incorporated) under common control that, together with the Borrower, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 400l of ERISA.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Wm Acquisition Inc)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the BorrowerCredit Parties, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 of ERISA. Corporate Affiliate. As applied to any Person, any corporation, association, firm or other entity directly or indirectly controlling, controlled by or under direct or indirect common control with such Person.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sepracor Inc /De/)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with any member of the BorrowerBorrower Affiliated Group, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 400l of ERISA.

Appears in 1 contract

Samples: Revolving Credit Agreement (Unicco Service Co)

Controlled Group. All trades or businesses (whether or not ---------------- incorporated) under common control that, together with the Borrower, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 40001 of ERISA.

Appears in 1 contract

Samples: Credit Agreement (Voyager Net Inc)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the BorrowerCompany, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 of ERISA. Credit Participants. See Section 9.3 hereof.

Appears in 1 contract

Samples: Credit Agreement (Brookstone Inc)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the BorrowerMac-Gray, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 400l of ERISA.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Mac-Gray Corp)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the Borrower, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 of ERISA.4001(b)

Appears in 1 contract

Samples: Agreement (Ust Inc)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the BorrowerBorrowers, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 of ERISA.

Appears in 1 contract

Samples: Revolving Credit Agreement (Interpool Inc)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the BorrowerBORROWER, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 of ERISA.

Appears in 1 contract

Samples: Loan Agreement (Galileo Corp)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the BorrowerCompany, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 400l of ERISA.

Appears in 1 contract

Samples: Loan and Security Agreement (Object Design Inc)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the Borrower, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 40001 of ERISA. COPYRIGHT OFFICE. The United States Copyright and Trademark Office or any other federal government agency which may hereafter perform its functions.

Appears in 1 contract

Samples: Credit Agreement (Midway Airlines Corp)

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Controlled Group. All trades or businesses (whether or not ---------------- incorporated) under common control that, together with the BorrowerCompany, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 of ERISA.

Appears in 1 contract

Samples: Revolving Credit Agreement (Tier Technologies Inc)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the Borrower, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 40001 of ERISA. COPYRIGHT OFFICE. The United States Copyright Office or any other federal government agency which may hereafter perform its functions.

Appears in 1 contract

Samples: Credit Agreement (Teletrac Inc /De)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the BorrowerBorrower or any other member of the Borrower Affiliated Group, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 of ERISA.

Appears in 1 contract

Samples: Revolving Credit Agreement (Barnes & Noble Inc)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the BorrowerBorrowers, are treated as a single employer under Section ss. 414(b) or 414(c) of the Code or Section ss. 4001 of ERISA.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sunglass Hut International Inc)

Controlled Group. All trades or businesses (whether or not incorporated) ---------------- under common control that, together with the Borrower, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 40001 of ERISA.

Appears in 1 contract

Samples: Credit Agreement (Voyager Net Inc)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the Borrowereach Company, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 of ERISA. CURRENT TERM INDEBTEDNESS. For any period for which the amount thereof shall be determined, current maturities of principal of all obligations described in clauses (i) and (ii) of the definition of Indebtedness herein below of Back Bay and its Subsidiaries outstanding at the end of such period, other than the Revolving Loans.

Appears in 1 contract

Samples: Back Bay Restaurant Group Inc

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with B&N or any other member of the BorrowerBorrower Affiliated Group, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 400l of ERISA.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Barnes & Noble Inc)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the BorrowerMac-Gray, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 of ERISA.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Mac-Gray Corp)

Controlled Group. All all members of a controlled group of corporations and all trades or businesses (whether or not incorporated) under common control thatwhich, together with the BorrowerBorrowers, are treated as a single employer under Section 414(b), 414(c) or 414(c414(m) of the Code or and Section 4001 (a)(2) of ERISA.

Appears in 1 contract

Samples: Loan Agreement (J&j Snack Foods Corp)

Controlled Group. All trades or businesses (whether or not incorporated) ---------------- under common control that, together with the Borrower, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 of ERISA.

Appears in 1 contract

Samples: Revolving Credit Agreement (Ameriquest Technologies Inc)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the BorrowerCompany, are treated as a single employer under Section 414(b) or 414(c414 (c) of the Code or Section 4001 of ERISA.

Appears in 1 contract

Samples: Credit Agreement (Brookstone Inc)

Controlled Group. All trades or businesses (whether or not incorporated) under common control that, together with the BorrowerCredit Parties, are treated as a single employer under Section 414(b) or 414(c) of the Code or Section 4001 of ERISA. CORPORATE AFFILIATE. As applied to any Person, any corporation, association, firm or other entity directly or indirectly controlling, controlled by or under direct or indirect common control with such Person.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sepracor Inc /De/)

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