Common use of ERISA Affiliate Clause in Contracts

ERISA Affiliate. ERISA Affiliate" shall mean any entity which is (or at any relevant time was) a member of a "controlled group of corporations" with, under "common control" with, or a member of an "affiliated service group" with, Showboat as defined in Section 414(b), (c), (m) or (o) of the Code or any partnership of which Showboat or any of its Subsidiaries is a general partner.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Showboat Inc), Agreement and Plan of Merger (Harrahs Entertainment Inc)

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ERISA Affiliate. ERISA Affiliate" shall mean means any entity which is (or at that would be aggregated with any relevant time was) a member of a "controlled group of corporations" with, the Sellers under "common control" with, or a member of an "affiliated service group" with, Showboat as defined in Section 414(b), (c), (m) or (o) 414 of the Code or any partnership Section 4001 of which Showboat or any of its Subsidiaries is a general partnerERISA.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Star Scientific Inc), Asset Purchase Agreement (North Atlantic Trading Co Inc)

ERISA Affiliate. ERISA Affiliate" shall mean any entity which Any trade or business (whether or not incorporated) that is (or at any relevant time was) a member of a "controlled group of corporations" with, under "common control" with, or which the Borrower is a member of an "affiliated service group" with, Showboat and which is treated as defined in a single employer under Section 414(b), (c), (m) or (o) 414 of the Code or any partnership of which Showboat or any of its Subsidiaries is a general partnerCode.

Appears in 2 contracts

Samples: Credit Agreement (Vascular Solutions Inc), Credit Agreement (MGC DIAGNOSTICS Corp)

ERISA Affiliate. ERISA Affiliate" shall mean any entity which is (or at any relevant time was) a member of a "controlled group of corporations" with, under "common control" with, or a member of an "affiliated service group" with, Showboat the Company as defined in Section 414(b), (c), (m) or (o) of the Code or any partnership of which Showboat or any of its Subsidiaries is a general partnerCode.

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 entity which is (or at any relevant time was) a member of a "controlled group of corporations" with, under "common control" with, or a member of an "affiliated service group" with, Showboat Seller, as defined in Section 414(b), (c), (m) or (o) of the Code Code, or any partnership under “common control” with Seller, within the meaning of which Showboat or any Section 4001(b)(1) of its Subsidiaries is a general partnerERISA.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Nextera Enterprises Inc), Stock and Asset Purchase Agreement (Enzo Biochem Inc)

ERISA Affiliate. ERISA Affiliate" shall mean any entity which is (or at any relevant time was) a member of a "controlled group of corporations" with, under "common control" with, or a member of an "affiliated service group" with, Showboat Rio as defined in Section 414(b), (c), (m) or (o) of the Code or any partnership of which Showboat Rio or any of its Subsidiaries is a general partner.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Harrahs Entertainment Inc), Agreement and Plan of Merger (Rio Hotel & Casino Inc)

ERISA Affiliate. ERISA Affiliate" shall mean any entity which is (or at any relevant time was) a member of a "controlled group of corporations" with, under "common control" with, or a member of an "affiliated service group" with, Showboat Harveys as defined in Section 414(b), (c), (m) or (o) of the Code or any partnership of which Showboat Harveys or any of its Subsidiaries is a general partner.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Harrahs Entertainment Inc), Stock Purchase Agreement (Harveys Casino Resorts)

ERISA Affiliate. ERISA Affiliate" Affiliate shall mean mean, with respect to any entity which Person, any trade or business (whether or not incorporated) that is (or at any relevant time was) a member of a "controlled group of corporations" with, under "common control" with, or a member of an "affiliated service group" with, Showboat as defined described in Section 414(b), (c), (m) or (oSection 414(c) of the Code or any partnership of which Showboat or any of its Subsidiaries such Person is a general partnermember.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Eloquent Inc), Securities Purchase Agreement (Buffalo Wild Wings Inc)

ERISA Affiliate. ERISA Affiliate" shall mean any entity which is (or at any relevant time was) a member of a "the controlled group with the meaning of corporations" with, under "common control" with, or a member of an "affiliated service group" with, Showboat as defined in Code Section 414(b), (c), (m) or (oc) of which the Code or any partnership of which Showboat or any of its Subsidiaries Company is a general partnermember.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Ti Group PLC), Agreement and Plan of Merger (Walbro Corp)

ERISA Affiliate. ERISA Affiliate" shall mean mean, with respect to any entity which is (entity, trade or business, any other entity, trade or business that is, or was at any the relevant time was) time, a member of a "controlled group of corporations" with, under "common control" with, or a member of an "affiliated service group" with, Showboat as defined described in Section 414(b), (c), (m) or (o) of the Code or any partnership Section 4001(b)(1) of which Showboat ERISA that includes or any included the first entity, trade or business, or that is, or was at the relevant time, a member of its Subsidiaries is a general partnerthe same “controlled group” as the first entity, trade or business pursuant to Section 4001(a)(14) of ERISA.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Mallinckrodt PLC), Agreement and Plan of Merger (Sucampo Pharmaceuticals, Inc.)

ERISA Affiliate. ERISA Affiliate" shall mean any entity which is (or at any relevant time was) a member of a "controlled group of corporations" with, under "common control" with, or a member of an "affiliated service group" with, Showboat Seller as defined in Section 414(b), (c), (m) or (o) of the Code or any partnership of which Showboat or any of its Subsidiaries is a general partnerCode.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Chancellor Media Mw Sign Corp), Asset Purchase Agreement (Boston Biomedica Inc)

ERISA Affiliate. ERISA Affiliate" shall mean means any entity which Person who for purposes of Title IV of ERISA is (or at any relevant time was) a member of a "Tenant's controlled group of corporations" with, under "common control" withgroup, or a member under common control with Tenant, within the meaning of an "affiliated service group" with, Showboat as defined in Section 414(b), (c), (m) or (o) 414 of the Code or any partnership of which Showboat or any of its Subsidiaries is a general partnerCode, and the regulations promulgated and rulings issued thereunder.

Appears in 2 contracts

Samples: Lease Agreement (3com Corp), Lease Agreement (3com Corp)

ERISA Affiliate. ERISA Affiliate" shall mean any entity which is (or at any relevant time was) a member of a "controlled group of corporations" with, with or under "common control" with, with the Company or a member of an "affiliated service group" with, Showboat any Subsidiary as defined in Section 414(b), (c), (m) or (oc) of the Code or any partnership of which Showboat or any of its Subsidiaries is a general partnerCode.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Lois/Usa Inc), Stock Purchase Agreement (Lois/Usa Inc)

ERISA Affiliate. ERISA Affiliate" shall mean with respect to the Companies any entity which is (or at any relevant time was) a member of a "controlled group of corporations" with, with or is under "common control" with, or a member of an "affiliated service group" with, Showboat with the Companies as defined in Section section 414(b), (c), (m) or (oc) of the Internal Revenue Code or any partnership of which Showboat or any of its Subsidiaries is a general partner1986, as amended (the "Code").

Appears in 1 contract

Samples: Stock Purchase Agreement (Consolidated Capital of North America Inc)

ERISA Affiliate. ERISA Affiliate" shall mean mean, with respect to each Subject Company, any entity which is (or at any relevant time was) a member of a "controlled group of corporations" with, ” with or is under "common control" with, ” with such Subject Company or a member any Subsidiary of an "affiliated service group" with, Showboat such Subject Company as defined in Section section 414(b), (c), (m) or (oc) of the Code or any partnership of which Showboat or any of its Subsidiaries is a general partnerCode.

Appears in 1 contract

Samples: Stock Purchase Agreement (Bio Rad Laboratories Inc)

ERISA Affiliate. ERISA Affiliate" shall mean (A) any entity which is (or at any relevant time was) a member of a "controlled group of corporations" with, with or under "common control" withwith the Company as defined in Section 414(b) or (c) of the Code, or (B) any entity which is (or at any relevant time was) a member of an "affiliated service group" with, Showboat (as such term is defined in Section 414(b), (c), (m) or (o414(m) of the Code or any partnership of Code) which Showboat or any of its Subsidiaries is a general partnerincludes the Companies.

Appears in 1 contract

Samples: Asset Purchase Agreement (Semx Corp)

ERISA Affiliate. ERISA Affiliate" shall mean any entity which is (or at any relevant time was) a member of a "controlled group of corporations" with, with or under "common control" with, or a member of an "affiliated service group" with, Showboat with the Company as defined in Section 414(b), (c), (m) or (oc) of the Code or any partnership of which Showboat or any of its Subsidiaries is a general partnerIRC.

Appears in 1 contract

Samples: Asset Purchase Agreement (Applied Research Corp)

ERISA Affiliate. ERISA Affiliate" shall mean any entity which is (or at any relevant time was) a member of a "controlled group of corporations" with, under "common control" with, or a member of an "affiliated service group" with, Showboat Sellers or the Company as defined in Section 414(b), (c), (m) or (o) of the Code IRC, or any partnership under "common control" with Sellers or the Company, within the meaning of which Showboat or any Section 4001(b)(1) of its Subsidiaries is a general partnerERISA.

Appears in 1 contract

Samples: Stock Purchase Agreement (Guitar Center Inc)

ERISA Affiliate. The term "ERISA Affiliate" ", as applied to any Person, shall mean (i) any entity corporation or any trade or business (whether or not incorporated) which is (or at any relevant time was) a member of a "controlled group of corporations" withtrades or businesses under common control within the meaning of Section 414(b) or (c) of the Code of which that Person is a member, under "common control" with, or a and (ii) any member of an "affiliated service group" with, Showboat as defined in group within the meaning of Section 414(b), (c), (m414(m) or and (o) of the Code of which that Person or any partnership of which Showboat trade or any of its Subsidiaries business described in clause (i) above is a general partnermember.

Appears in 1 contract

Samples: Asset Purchase Agreement (Fortress Group Inc)

ERISA Affiliate. ERISA Affiliate" shall mean any entity which is (or at any relevant time was) a member of a "controlled group of corporations" with, under "common control" with, or a member of an "affiliated service group" with, Showboat with AEL as defined in Section 414(b), (c), (m) or (o) of the Code or any partnership of which Showboat or any of its Subsidiaries is a general partnerCode.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Ael Industries Inc)

ERISA Affiliate. ERISA Affiliate" shall mean any entity --------------- which is (or at any relevant time was) a member of a "controlled group of corporations" with, with or under "common control" with, or a member of an "affiliated service group" with, Showboat with Nestle S.A. as defined in Section 414(b), (c), (m) or (oc) of the Code or any partnership of which Showboat or any of its Subsidiaries is a general partnerCode.

Appears in 1 contract

Samples: Stock Purchase Agreement (Beringer Wine Estates Holdings Inc)

ERISA Affiliate. ERISA Affiliate" shall mean any entity corporation or business which is (now, or at any the relevant time times was) , a member of a "controlled group of corporations" withcorporations or trades or businesses with the Company, under "common control" with, or a member of an "affiliated service group" with, Showboat as defined in Section SECTIONs 414(b), (c), (m) or (oc) of the Code or any partnership of which Showboat or any of its Subsidiaries is a general partnerCode.

Appears in 1 contract

Samples: Stock Purchase Agreement (Primark Corp)

ERISA Affiliate. ERISA Affiliate" shall mean any entity which is (each entity, trade or business that is, at any the relevant time was) time, a member of a "controlled group or affiliated service group of corporations" with, under "common control" with, which the Company or any Subsidiary is a member of an "affiliated service group" with, Showboat or that is treated as defined in a single employer with the Company or any Subsidiary under Section 414(b), (c414(c), (m414(m) or (o414(o) of the Code or any partnership Section 4001(a)(14) of which Showboat or any of its Subsidiaries is a general partnerERISA.

Appears in 1 contract

Samples: Agreement and Plan of Merger (AVX Corp)

ERISA Affiliate. ERISA Affiliate" shall mean any person, firm or entity which (whether or not incorporated) which, by reason of its relationship with the Company, is (required to be aggregated with the Company under Sections 414(b), 414(c) or at any relevant time was414(m) of the Code, or which, together with the Company is a member of a "controlled group within the meaning of corporations" with, under "common control" with, or a member of an "affiliated service group" with, Showboat as defined in Section 414(b), (c), (m) or (o4001(a) of the Code or any partnership of which Showboat or any of its Subsidiaries is a general partnerERISA.

Appears in 1 contract

Samples: Stock Purchase Agreement (Rush Enterprises Inc \Tx\)

ERISA Affiliate. ERISA Affiliate" shall mean any entity which is (or at any relevant time was) a member of a "controlled group of corporations" with, under "common control" with, or a member of an "affiliated service group" with, Showboat with Seller as defined in Section 414(b), (c), (m) or (oc) of the Code or any partnership of which Showboat or any of its Subsidiaries is a general partnerCode.

Appears in 1 contract

Samples: Asset Purchase Agreement (Del Monte Foods Co)

ERISA Affiliate. ERISA Affiliate" shall mean any entity which A corporation that is (or at any relevant time was) was a --------------- member of a "controlled group of corporations" with, under "common control" with, corporations with the Company or a member trade or business that is under common control with the Company or which together with the Company is treated as a single employer, in each case within the meaning of an "affiliated service group" with, Showboat as defined in Section 414(b), (c), (m) or (o) 414 of the Code or any partnership of which Showboat or any of its Subsidiaries is a general partnerCode.

Appears in 1 contract

Samples: Acquisition and Merger Agreement (Intercept Group Inc)

ERISA Affiliate. ERISA Affiliate" shall mean means any entity which is (corporation, trade or at any relevant time was) business that is, along with the Borrower, a member of a "controlled group of corporations" with, under "common control" with, corporations or a member controlled group of an "affiliated service group" withtrades or businesses, Showboat as defined described in Section Sections 414(b) and 414(c), (c)respectively, (m) or (o) of the Code or any partnership Section 4001 of which Showboat or any of its Subsidiaries is a general partnerERISA.

Appears in 1 contract

Samples: Loan Agreement (Kentucky Electric Steel Inc /De/)

ERISA Affiliate. ERISA Affiliate" shall mean any entity which --------------- is (or at any relevant time was) a member of a "controlled group of corporations" with, under "common control" with, or a member of an "affiliated service group" with, Showboat the Company (including any of its Subsidiaries) as defined in Section 414(b), (c), (m) or (o) of the Code or any partnership of which Showboat or any of its Subsidiaries is a general partnerCode.

Appears in 1 contract

Samples: Stock Purchase Agreement (Mercury General Corp)

ERISA Affiliate. ERISA Affiliate" shall mean any entity Entity which is (or at any relevant time was) a member of a "controlled group of corporations" with, under "common control" with, or a member of an "affiliated service group" with, Showboat any Entity as defined in Section 414(b), (c), (m) or (o) of the Code or any partnership of which Showboat or any of its Subsidiaries is a general partnerCode.

Appears in 1 contract

Samples: Purchase Agreement (Coram Healthcare Corp)

ERISA Affiliate. ERISA Affiliate" shall mean any entity which is --------------- (or at any relevant time was) a member of a "controlled group of corporations" with, under "common control" with, or a member of an "affiliated service group" with, Showboat Seller as defined in Section 414(b), (c), (m) or (o) of the Code or any partnership of which Showboat or any of its Subsidiaries is a general partnerCode.

Appears in 1 contract

Samples: Asset Purchase Agreement (Fays Inc)

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ERISA Affiliate. ERISA Affiliate" shall mean any entity which is (or at any relevant time was) a member of a "controlled group of corporations" with, under "common control" with, or a member of an "affiliated service group" with, Showboat the Company or any Subsidiary of the Company, as defined in Section 414(b), (c), (m) or (o) of the Code Code, or under "common control" with the Company or any partnership Subsidiary of which Showboat or any the Company, within the meaning of its Subsidiaries is a general partnerSection 4001(b)(1) of ERISA.

Appears in 1 contract

Samples: Merger Agreement (Galvestons Steakhouse Corp)

ERISA Affiliate. ERISA Affiliate" shall mean With respect to any entity Person, any trade or business (whether or not incorporated) which is (or at any relevant time was) a member of a "controlled group of corporations" with, under "common control" with, or which such Person is a member and which is under common control within the meaning of an "affiliated service group" with, Showboat as defined in the regulations under Section 414(b), (c), (m) or (oc) of the Code or any partnership of which Showboat or any of its Subsidiaries is a general partnerCode.

Appears in 1 contract

Samples: Revolving Credit Agreement (Boston Edison Co)

ERISA Affiliate. ERISA Affiliate" Affiliate shall mean any entity which is (or at any relevant time was) a United States member of a "any controlled group of corporations" with, group of trades or businesses under "common control" with, or a member of an "affiliated service group" with, Showboat group (as defined in for purposes of Section 414(b), (c) and (m), (m) or (o) respectively, of the Code or any partnership of Code) which Showboat or any of its Subsidiaries is a general partnerincludes ATI.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Thermedics Inc)

ERISA Affiliate. ERISA Affiliate" shall mean any entity which is (or at any relevant time was) a member of a "controlled group of corporations" with, with or under "common control" with, or a member of an "affiliated service group" with, Showboat with the Company as defined in Section 414(b), (c), (m) or (oc) of the Code or any partnership of which Showboat or any of its Subsidiaries is a general partner.Code. (vii)

Appears in 1 contract

Samples: Agreement and Plan of Merger (Jones Apparel Group Inc)

ERISA Affiliate. ERISA Affiliate" shall mean any entity which Any trade or business (whether or not incorporated) that is (or at any relevant time was) a member of a "controlled group of corporations" with, under "common control" with, which the Master Servicer or Lennox International is a member of an "affiliated service group" with, Showboat and which is treated as defined in a single employer under Section 414(b), (c), (m) or (o) 414 of the Code or any partnership of which Showboat or any of its Subsidiaries is a general partnerCode.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Lennox International Inc)

ERISA Affiliate. ERISA Affiliate" shall mean any entity which Person that, together with the Company, is (or was at any relevant time was) treated as a member of a "controlled group of corporations" with, single employer under "common control" with, or a member of an "affiliated service group" with, Showboat as defined in Section 414(b), (c), (m) or (o) 414 of the Code or Section 4001 of ERISA and any general partnership of which Showboat the Company is or any of its Subsidiaries is 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 entity which trade or business (whether or not incorporated) that is (part of the same controlled group, or at any relevant time was) a member of a "controlled group of corporations" with, under "common control" control with, or a member part of an "affiliated service group" withgroup that includes Holdings, Showboat as defined in within the meaning of Code Section 414(b), (c), (m) ), or (o) of the Code or any partnership of which Showboat or any of its Subsidiaries is a general partnerERISA Section 4001(a)(14).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Horizon Lines, Inc.)

ERISA Affiliate. ERISA Affiliate" Affiliate shall mean any entity which Person that is (or at any relevant time was) a member of a "controlled group of corporations" with, under "common control" with, or which the Company is a member of an "affiliated service group" with, Showboat and which is treated as defined in a single employer with the Company under Section 414(b), (c), (m) or (o) 414 of the Code or any partnership of which Showboat or any of its Subsidiaries is a general partnerCode.

Appears in 1 contract

Samples: Securities Purchase Agreement (Meade Instruments Corp)

ERISA Affiliate. ERISA Affiliate" shall mean any entity --------------- which is (or at any relevant time was) a member of a "controlled group of corporations" with, under "common control" with, or a member of an "affiliated service group" with, Showboat the Company as defined in Section 414(b), (c), (m) or (o) of the Code or any partnership of which Showboat the Company or any of its Subsidiaries such entity is a general partner.

Appears in 1 contract

Samples: Stock Purchase Agreement (City Truck Holdings Inc)

ERISA Affiliate. ERISA Affiliate" shall mean With respect to any entity which Owned Entity, any other Person that is (or at any relevant time was) a member of a "controlled group of corporations" with, with the Owned Entity under "common control" with, or a member of an "affiliated service group" with, Showboat as defined in Section 414(b), (c), (m) or (oc) of the Code or any partnership of which Showboat or any of its Subsidiaries is a general partnerCode.

Appears in 1 contract

Samples: Asset Purchase Agreement (Knight Ridder Inc)

ERISA Affiliate. ERISA Affiliate" shall mean any each entity which that is (or at any relevant time was) a member of a "controlled group or affiliated service group of corporations" with, under "common control" with, or which Seller is a member or that is under common control with Seller (within the meaning of an "affiliated service group" with, Showboat as defined in Section Sections 414(b), (c414(c), (m414(m) or (o414(o) of the Code or any partnership of which Showboat or any of its Subsidiaries is a general partner.Code). 1.25

Appears in 1 contract

Samples: Asset Purchase Agreement (Cadmus Communications Corp/New)

ERISA Affiliate. ERISA Affiliate" shall mean mean, with respect to each Subject Company, any entity which is (or at any relevant time was) a member of a "controlled group of corporations" with, with or is under "common control" with, with such Subject Company or a member any Subsidiary of an "affiliated service group" with, Showboat such Subject Company as defined in Section section 414(b), (c), (m) or (oc) of the Code or any partnership of which Showboat or any of its Subsidiaries is a general partnerCode.

Appears in 1 contract

Samples: Stock Purchase Agreement (Bio Rad Laboratories Inc)

ERISA Affiliate. ERISA Affiliate" shall mean any entity which is (is, or at any relevant applicable time was) , a member of (1) a "controlled group of corporations" with, under "common control" with, or a member of an "affiliated service group" with, Showboat corporations (as defined in Section 414(b) of the Code), (c2) a group of trades or businesses under common control (as defined in Section 414(c) of the Code), (m) or (o3) an affiliated service group (as defined under Section 414(m) of the Code or the regulations under Section 414(o) of the Code), any partnership of which Showboat includes or any of its Subsidiaries is a general partnerincluded the Company.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Navisite Inc)

ERISA Affiliate. ERISA Affiliate" shall mean any entity which is (or at any relevant time was) a member of a "controlled group of corporations" with, with or under "common control" with, or a member of an "affiliated service group" with, Showboat with the Company as defined in Section 414(b), (c), (m) or (oc) of the Code or any partnership of which Showboat or any of its Subsidiaries is a general partnerCode.

Appears in 1 contract

Samples: Securities Purchase and Sale Agreement (Jones Apparel Group Inc)

ERISA Affiliate. ERISA Affiliate" shall mean any entity which A corporation that is (or at any relevant time was) was a member of --------------- a "controlled group of corporations" with, under "common control" with, corporations with the Company or a member trade or business that is under common control with the Company or which together with the Company is treated as a single employer, in each case within the meaning of an "affiliated service group" with, Showboat as defined in Section 414(b), (c), (m) or (o) 414 of the Code or any partnership of which Showboat or any of its Subsidiaries is a general partnerCode.

Appears in 1 contract

Samples: Acquisition and Merger Agreement (Intercept Group Inc)

ERISA Affiliate. ERISA Affiliate" shall mean (A) any entity which is (or at any relevant time was) a member of a "controlled group of corporations" with, with or under "common control" withwith the Company as defined in Section 414(b) or (c) of the Code, or (B) any entity which is (or at any relevant time was) a member of an "affiliated service group" with, Showboat (as such term is defined in Section 414(b), (c), (m) or (o414(m) of the Code or any partnership of Code) which Showboat or any of its Subsidiaries is a general partnerincludes the Company.

Appears in 1 contract

Samples: Asset Purchase Agreement (Lillian Vernon Corp)

ERISA Affiliate. ERISA Affiliate" shall mean with respect to Contributors any entity which is (or at any relevant time was) a member of a "controlled group of corporations" with, with or is under "common control" with, or a member of an "affiliated service group" with, Showboat with Contributors as defined in Section section 414(b), (c), or (m) or (o) of the Code or any partnership of which Showboat or any of its Subsidiaries is a general partnerCode.

Appears in 1 contract

Samples: Asset Contribution Agreement (Tower Realty Trust Inc)

ERISA Affiliate. ERISA Affiliate" shall mean any entity which is (or at any relevant time was) a member of a "controlled group of corporations" with, under "common control" with, or a member of an "affiliated service group" with, Showboat Company as defined in Section 414(b), (c), (m) or (o) of the Code or any partnership of which Showboat or any of its Subsidiaries is a general partnerCode.

Appears in 1 contract

Samples: Agreement and Plan of Merger

ERISA Affiliate. The term ERISA Affiliate" shall mean AFFILIATE means, in relation to any entity PERSON, any trade or business (whether or not incorporated) which is (or at any relevant time was) a member of a "controlled group of corporations" with, under "common control" with, or which that PERSON is a member of an "affiliated service group" with, Showboat as defined in Section 414(b), (c), (m) or (o) and which is under common control within the meaning of the Code or any partnership regulations promulgated under Section 414 of which Showboat or any of its Subsidiaries is a general partnerthe CODE.

Appears in 1 contract

Samples: Loan and Security Agreement (Gse Systems Inc)

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