Common use of ERISA Affiliate Clause in Contracts

ERISA Affiliate. For purposes of this Section 3.15, the term "ERISA Affiliate" means each trade or business (whether or not incorporated) which together with the Company is treated as single employer under Section 414(b), (c), (m) or (o) of the Code.

Appears in 5 contracts

Samples: Agreement and Plan of Reorganization (Newpark Resources Inc), Agreement and Plan of Reorganization (Newpark Resources Inc), 18 Agreement and Plan of Reorganization (Newpark Resources Inc)

AutoNDA by SimpleDocs

ERISA Affiliate. For purposes of this Section 3.15The term “ERISA AFFILIATE” means, the term "ERISA Affiliate" means each in relation to any PERSON, any trade or business (whether or not incorporated) which together with is a member of a group of which that PERSON is a member and which is under common control within the Company is treated as single employer meaning of the regulations promulgated under Section 414(b), (c), (m) or (o) 414 of the CodeCODE.

Appears in 5 contracts

Samples: Loan and Security Agreement (Martek Biosciences Corp), Loan and Security Agreement (Avatech Solutions Inc), Credit Agreement (Dover Motorsports Inc)

ERISA Affiliate. For purposes of this Section 3.15, the term "ERISA Affiliate" means each trade or business (whether or not incorporated) which together with the Company ” shall mean any Person who is treated as a single employer under along with the Seller pursuant to Section 414(b), (c), (m) or (oc) of the Code.

Appears in 5 contracts

Samples: Option Agreement (Oclaro, Inc.), Asset Purchase Agreement (Ii-Vi Inc), Asset Purchase Agreement (Oclaro, Inc.)

ERISA Affiliate. For purposes of this Section 3.15, the term "ERISA Affiliate" means each trade or business Any entity (whether or not incorporated) which is or was, together with the Company is Company, treated as a single employer under Section section 414(b), (c), (m) ), or (o) of the Code.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Associated Banc-Corp), Agreement and Plan of Merger (State Financial Services Corp), Agreement and Plan of Merger (State Financial Services Corp)

ERISA Affiliate. For purposes of this Section 3.15, the term "ERISA Affiliate" means each trade or business (whether or not incorporated) which ” shall mean any Person that, together with the Company Company, is 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 4 contracts

Samples: Agreement and Plan of Merger (Diedrich Coffee Inc), Agreement and Plan of Merger (Green Mountain Coffee Roasters Inc), Agreement and Plan of Merger (Diedrich Coffee Inc)

ERISA Affiliate. For purposes of this Section 3.15, the term "ERISA Affiliate" means each trade ” shall mean any entity which is (or business (whether at any relevant time was) a member of a “controlled group of corporations” with, under “common control” with, or not incorporated) which together with the Company is treated a member of an “affiliated service group” with, Seller as single employer under defined in Section 414(b), (c), (m) or (o) of the Code.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Sigmatel Inc), Asset Purchase Agreement (Seracare Life Sciences Inc), Sale and Purchase Agreement (Silicon Laboratories Inc)

ERISA Affiliate. For purposes of this Section 3.15, the term "ERISA Affiliate" means each trade ” shall mean any Company Subsidiary or business any entity (whether or not incorporated) which other than the Company or any Company Subsidiary that, together with the Company 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 (Biosite Inc), Agreement and Plan of Merger (Beckman Coulter Inc), Agreement and Plan of Merger (Biosite Inc)

ERISA Affiliate. For purposes of this Section 3.15, the term "ERISA Affiliate" means each trade shall mean any Company Subsidiary or business any entity (whether or not incorporated) which other than the Company or any Company Subsidiary that, together with the Company 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. For purposes of this Section 3.15, the The term "ERISA AffiliateAFFILIATE" means each means, in relation to any PERSON, any trade or business (whether or not incorporated) which together with is a member of a group of which that PERSON is a member and which is under common control within the Company is treated as single employer meaning of the regulations promulgated under Section 414(b), (c), (m) or (o) 414 of the CodeCODE.

Appears in 3 contracts

Samples: Loan and Security Agreement (Accom Inc), Loan and Security Agreement (Ea Engineering Science & Technology Inc), Loan and Security Agreement (Avatech Solutions Inc)

ERISA Affiliate. For purposes of this Section 3.15, the term "ERISA Affiliate" means each trade or business (whether or not incorporated) which together ” shall mean any Person under common control with any of the Company is treated as single employer under Section Acquired Corporations within the 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 (Compellent Technologies Inc), Agreement and Plan of Merger (Applied Materials Inc /De)

ERISA Affiliate. For purposes of this Section 3.15, the term "ERISA Affiliate" means each trade or business (whether or not incorporated) which together ” shall mean any Person under common control with the Company is treated as single employer under Section within the 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. For purposes of this Section 3.15, the term "ERISA Affiliate" means each trade or business (whether or not incorporated) which ” shall mean, with respect to any Person, any other Person that, together with such first Person, is, or would at the Company is relevant time be, treated as a single employer under within the meaning of Section 414(b), (c), (m) or (o) of the CodeInternal Revenue Code of 1986, as amended.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Cti Biopharma Corp), Agreement and Plan of Merger (Cti Biopharma Corp)

ERISA Affiliate. For purposes of this Section 3.15, the term "ERISA Affiliate" means each trade or business Any entity (whether or not incorporated) which is or was, together with the Company is (for purposes of Section 2.10) or Associated (for purposes of Section 3.18), 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. For purposes the purpose of this Section 3.152.22, the term "ERISA Affiliate" means each ” shall mean (i) any related company or trade or business (whether or not incorporated) which together that is required to be aggregated with the Seller or the Company is treated as single employer under Section Code Sections 414(b), (c), (m) or (o); (ii) any other company, entity or trade or business that has adopted or has ever participated in any Benefit Plan; and (iii) any predecessor or successor company or trade or business of the CodeSeller or the Company or any entity described in Section 2.22.13(i) and (ii) immediately above.

Appears in 2 contracts

Samples: Partnership Interest Purchase Agreement (Paincare Holdings Inc), Partnership Interest Purchase Agreement (Paincare Holdings Inc)

ERISA Affiliate. For purposes of this Section 3.15, the The term "ERISA Affiliate" means each trade business or business (whether entity which is a member of a “controlled group of corporations,” under “common control” or not incorporated) which together a member of an “affiliated service group” with the Company is treated as single employer under Section within the meaning of Sections 414(b), (c), (m) or (om) of the Code, or required to be aggregated with the Company under Section 414(o) of the Code, or is under “common control” with the Company, within the meaning of Section 4001(a)(14) of ERISA.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Nuvox Inc /De/), Securities Purchase Agreement (Nuvox Inc /De/)

ERISA Affiliate. For purposes of this Section 3.15, the term "ERISA Affiliate" means each trade or business (whether or not incorporated) which ” shall mean any Person that, together with the Company Company, is 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 any Acquired Corporation is or has been a general partner.

Appears in 1 contract

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

ERISA Affiliate. For purposes of this Section 3.15, the term "ERISA Affiliate" means each trade or business (whether or not incorporated) which together with the either Company is treated as single employer under Section 414(b), (c), (m) or (o) of the Code.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Newpark Resources Inc)

ERISA Affiliate. For purposes of this Section 3.153.14, the term "ERISA Affiliate" means each trade or business (whether or not incorporated) which together with the Company is treated as a single employer under Section 414(b4.14(b), (c), (m) or (o) of the Internal Revenue Code.

Appears in 1 contract

Samples: Acquisition Agreement (Netbank Inc)

ERISA Affiliate. For purposes of this Section 3.15, the term "ERISA Affiliate" means each trade ” shall mean, with respect to the Company, any other person or business (whether or not incorporated) which entity that, together with the Company is Company, would be treated as a “single employer employer” under Section Code Sections 414(b), (c), (m) or (o) of the Codeor ERISA Section 4001.

Appears in 1 contract

Samples: Stock Purchase Agreement (Ameron International Corp)

ERISA Affiliate. For purposes of this Section 3.15, the term "ERISA Affiliate" means each shall mean any trade or business (whether or not incorporated) which together with the Company is or, at any relevant time, 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)

AutoNDA by SimpleDocs

ERISA Affiliate. For purposes of this Section 3.15, the term "ERISA Affiliate" means each shall mean the Company and any trade or business (whether or not incorporated) which together is treated as a single employer with the Company is treated as single employer under 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 (MIGENIX Inc.)

ERISA Affiliate. For purposes of this Section 3.153.14, the term "ERISA --------------- Affiliate" means each trade or business (whether or not incorporated) which together with the Company is treated as a single employer under Section 414(b4.14(b), (c), (m) or (o) of the Internal Revenue Code.

Appears in 1 contract

Samples: Acquisition Agreement (Republic Bancorp Inc)

ERISA Affiliate. For purposes of this Section 3.15, the term "ERISA Affiliate" means each ” shall mean Seller and any trade or business (whether or not incorporated) which together with the Company is or has ever been under common control, or which is or has ever been treated as a single employer employer, with Seller under Section 414(b), (c), (m) or (o) of the Code.

Appears in 1 contract

Samples: Stock Purchase Agreement (Smithfield Foods Inc)

ERISA Affiliate. For purposes of this Section 3.15, the term "ERISA Affiliate" means each trade or business (whether or not incorporated) which together with the Company is Companies are treated as single employer under Section 414(b), (c), (m) or (o) of the Code.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Newpark Resources Inc)

ERISA Affiliate. For purposes of this Section 3.15, the term "ERISA Affiliate" means each the Seller and any trade or business (whether or not incorporated) which together or at any time within the six (6) year period prior to the date of this Agreement would have been treated as a single employer with the Company is treated as single employer Seller under Code Section 414(b), (c), (m) or (o) of the Code414.

Appears in 1 contract

Samples: Asset Purchase Agreement (Westell Technologies Inc)

ERISA Affiliate. For purposes of this Section 3.15, the term "ERISA Affiliate" means shall mean each trade or business (business, whether or not incorporated) , which together with any of the Company Companies or Services is 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. For purposes of this Section 3.15, the term "ERISA Affiliate" means ” shall mean each trade Subsidiary of the Company and any other Person that is or business (whether or not incorporated) which together has been under common control with the Company is treated as single employer under or any of its Subsidiaries within the meaning of Section 414(b), (c), (m) or (o) of the CodeCode and the regulations issued thereunder.

Appears in 1 contract

Samples: Stock Purchase Agreement (U S Wireless Data Inc)

ERISA Affiliate. For purposes of this Section 3.15, the term "ERISA Affiliate" means each ” shall mean any person, trade or business (whether or not incorporated) which business, that, together with the Company is Acquired Companies, would be treated as a single employer under Section 414(b), (c), (m) or (o) of the CodeCode § 414.

Appears in 1 contract

Samples: Stock Purchase Agreement (OMNICELL, Inc)

ERISA Affiliate. For purposes of this Section 3.15, the term "ERISA Affiliate" means each trade ” shall mean any Company Subsidiary and any other Person under common control with the Company or business (whether any Company Subsidiary, or not incorporated) which that, together with the Company is treated as or any Company Subsidiary, could be 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

Samples: Agreement and Plan of Merger (Pegasystems Inc)

ERISA Affiliate. For purposes of this Section 3.15, the term "ERISA Affiliate" means ” shall mean each trade Subsidiary of the Company and any other Person under common control with the Company or business (whether any of its Subsidiaries or not incorporated) which that, together with the Company is treated as or any of its Subsidiaries, could be 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. For purposes of this Section 3.15, the The term "ERISA Affiliate" shall means each trade or business (whether or not incorporatedincorporated and whether or not foreign) which together with the Company is or may hereafter become a member of a group of which Borrower is a member and which is treated as a single employer under ERISA Section 414(b4001(b)(1), (c), (m) or (o) of the CodeIRC Section 414.

Appears in 1 contract

Samples: Loan and Security Agreement (American Business Financial Services Inc /De/)

ERISA Affiliate. For purposes of this Section 3.15, the term "ERISA Affiliate" means each trade or business any “person” (whether or not incorporatedwithin the meaning of Section 3(9) which of ERISA) that, together with MMG, would be deemed a “single employer” within the Company is treated as single employer under meaning of Section 414(b), (c), (m) or (o) of the Code.

Appears in 1 contract

Samples: Purchase Agreement (Manitowoc Co Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.