ERISA Affiliate. ERISA Affiliate" shall mean any Company Subsidiary or any entity (whether or not incorporated) other than the Company or any Company Subsidiary that, together with the Company, is required to be treated as a single employer under Section 414(b), (c), (m) or (o) of the Code.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Inverness Medical Innovations Inc), Agreement and Plan of Merger (Inverness Medical Innovations Inc), Agreement and Plan of Merger (Inverness Medical Innovations Inc)
ERISA Affiliate. ERISA Affiliate" shall mean any Company Subsidiary entity which is (or at any entity (whether relevant time was) a member of "controlled group of corporations" with or not incorporated) other than under "common control" with the Company or any Company Subsidiary that, together with the Company, is required to be treated as a single employer under defined in Section 414(b), (c), (m) or (oc) of the Code.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Lois/Usa Inc), Stock Purchase Agreement (Lois/Usa Inc)
ERISA Affiliate. ERISA Affiliate" shall mean any Company Subsidiary entity which is (or at any entity (whether relevant time was) a member of a "controlled group of corporations" with, under "common control" with, or not incorporated) other than a member of an "affiliated service group" with, the Company or any Company Subsidiary that, together with the Company, is required to be treated as a single employer under defined in Section 414(b), (c), (m) or (o) of the Code.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Hanover Compressor Co /), Agreement and Plan of Merger (Oec Compression Corp)
ERISA Affiliate. ERISA Affiliate" shall mean any Company Subsidiary or any Any entity (whether or not incorporated) other than the Company which is or any Company Subsidiary thatwas, together with the CompanyCompany (for purposes of Section 2.10) or Associated (for purposes of Section 3.18), is required to be treated as a single employer under Section section 414(b), (c), (m) ), or (o) of the Code.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Associated Banc-Corp), Agreement and Plan of Merger (First Federal Capital Corp)
ERISA Affiliate. “ERISA Affiliate" ” shall mean any Company Subsidiary or any entity (whether or not incorporated) other than Person under common control with the Company or any Company Subsidiary that, together with within the Company, is required to be treated as a single employer under Section meaning of Sections 414(b), (c), (m) or and (o) of the Code, and the regulations issued thereunder.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Poseida Therapeutics, Inc.), Agreement and Plan of Merger and Reorganization (Poseida Therapeutics, Inc.)
ERISA Affiliate. “ERISA Affiliate" ” shall mean any Company Subsidiary or Person under common control with any entity (whether or not incorporated) other than of the Company or any Company Subsidiary that, together with Acquired Corporations within the Company, is required to be treated as a single employer under Section meaning of Sections 414(b), (c), (m) or and (o) of the Code, and the regulations thereunder.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Applied Materials Inc /De), Agreement and Plan of Merger (Compellent Technologies Inc)
ERISA Affiliate. ERISA Affiliate" shall mean any Company Subsidiary person, firm or any entity (whether or not incorporated) other than the Company or any Company Subsidiary thatwhich, together by reason of its relationship with the Company, is required to be treated as a single employer aggregated with the Company under Section Sections 414(b), (c), (m414(c) or (o414(m) of the Code, or which, together with the Company is a member of a controlled group within the meaning of Section 4001(a) of ERISA.
Appears in 1 contract
Samples: Stock Purchase Agreement (Rush Enterprises Inc \Tx\)
ERISA Affiliate. ERISA Affiliate" shall mean any Company Subsidiary or any entity (whether or not incorporated) other than the Company or any Company Subsidiary Person that, together with the Company, is required to be or was at any time treated as a single employer under Section 414(b), (c), (m) or (o) 414 of the CodeCode or Section 4001 of ERISA and any general partnership of which the Company is or has been a general partner.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Peets Coffee & Tea Inc)
ERISA Affiliate. ERISA Affiliate" shall mean any Company Subsidiary or with respect to the Companies any entity (whether which is a member of a "controlled group of corporations" with or not incorporated) other than the Company or any Company Subsidiary that, together is under "common control" with the Company, is required to be treated Companies as a single employer under Section defined in section 414(b), (c), (m) or (oc) of the Internal Revenue Code of 1986, as amended (the "Code").
Appears in 1 contract
Samples: Stock Purchase Agreement (Consolidated Capital of North America Inc)
ERISA Affiliate. ERISA Affiliate" shall mean any Company Subsidiary trade or any entity business (whether or not incorporated) other than the Company or which is or, at any Company Subsidiary thatrelevant time, together with the Company, is required to be was treated as a single employer under with Company within the meaning of Section 414(b), (c), (m) or (o) of the Code.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Microtune Inc)
ERISA Affiliate. ERISA Affiliate" shall mean any Company Subsidiary or any Any other entity (whether or not incorporated) other than the Company which is ---------------- or any Company Subsidiary thatwas, together with the any Affiliated Company, is required to be treated as a single employer under Section section 414(b), (c), (m) or (o) of the Code.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Racing Champions Corp)
ERISA Affiliate. ERISA Affiliate" shall mean any Company Subsidiary or any entity (entity, whether or not incorporated, which is (or at any relevant time was) other than a member of a "controlled group of corporations" with the Company or any Company its Subsidiary that, together within the meaning of Section 414(b) of the Code or under "common control" with the Company, is required to be treated Company or its Subsidiary as a single employer under defined in Section 414(b), (c), (m) or (o414(c) of the Code.
Appears in 1 contract
ERISA Affiliate. “ERISA Affiliate" ” shall mean each Subsidiary of the Company and any Company Subsidiary or any entity (whether or not incorporated) other than Person under common control with the Company or any Company Subsidiary of its Subsidiaries or that, together with the CompanyCompany or any of its Subsidiaries, is required to could be treated as deemed a “single employer under employer” within the meaning of Section 4001(b)(1) of ERISA or Section 414(b), (c), (m) or (o) of the Code.
Appears in 1 contract
Samples: Registration Rights Agreement (Cavium Networks, Inc.)
ERISA Affiliate. ERISA Affiliate" shall mean any Company Subsidiary each trade or any entity (business, whether or not incorporated) other than , which with any of the Company Companies or any Company Subsidiary that, together with the Company, Services is required to be treated as a single employer under Code Section 414(b), (c), (m) or (o) of the Code).
Appears in 1 contract
Samples: Stock and Asset Purchase Agreement (Front Royal Inc)
ERISA Affiliate. ERISA Affiliate" shall mean any Company Subsidiary entity which is a member of a "controlled group of corporations" with or any entity (whether or not incorporated) other than under "common control" with the Company or any Company Subsidiary that, together with the Company, is required to be treated as a single employer under defined in Section 414(b), (c), (m) or (oc) of the Code.
Appears in 1 contract
ERISA Affiliate. ERISA Affiliate" Affiliate shall mean any Company Subsidiary United States member of any controlled group of corporations, group of trades or any entity businesses under common control, or affiliated service group (whether or not incorporated) other than the Company or any Company Subsidiary that, together with the Company, is required to be treated as a single employer under defined for purposes of Section 414(b), (c) and (m), (m) or (o) respectively, of the Code) which includes ATI.
Appears in 1 contract
ERISA Affiliate. ERISA Affiliate" shall mean any Company Subsidiary corporation or any entity (whether business which is now, or not incorporated) other than at the Company relevant times was, a member of a controlled group of corporations or any Company Subsidiary that, together trades or businesses with the Company, is required to be treated as a single employer under Section defined in SECTIONs 414(b), (c), (m) or (oc) of the Code.
Appears in 1 contract
ERISA Affiliate. “ERISA Affiliate" ” shall mean each Subsidiary of the Company and any Company Subsidiary other Person that is or any entity (whether or not incorporated) other than has been under common control with the Company or any Company Subsidiary that, together with of its Subsidiaries within the Company, is required to be treated as a single employer under meaning of Section 414(b), (c), (m) or (o) of the CodeCode and the regulations issued thereunder.
Appears in 1 contract
ERISA Affiliate. ERISA Affiliate" shall mean any Company Subsidiary or mean, with respect to each Subject Company, any entity (whether which is a member of a "controlled group of corporations" with or not incorporated) other than the is under "common control" with such Subject Company or any Subsidiary of such Subject Company Subsidiary that, together with the Company, is required to be treated as a single employer under Section defined in section 414(b), (c), (m) or (oc) of the Code.
Appears in 1 contract
Samples: Stock Purchase Agreement (Bio Rad Laboratories Inc)
ERISA Affiliate. “ERISA Affiliate" ” shall mean any Company Subsidiary or and any entity (whether or not incorporated) other than Person under common control with the Company or any Company Subsidiary Subsidiary, or that, together with the CompanyCompany or any Company Subsidiary, is required to could be treated as deemed a “single employer under employer” within the meaning of Section 4001(b)(1) of ERISA or Section 414(b), (c), (m) or (o) of the Code, and the regulations issued thereunder.
Appears in 1 contract
