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, Harveys as defined in Section 414(b), (c), (m) or (o) of the Code or any partnership of which Harveys or any of its Subsidiaries is a general partner.

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, Harveys 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 Harveys or any Section 4001(b)(1) of its Subsidiaries is a general partnerERISA.

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, Harveys Seller as defined in Section 414(b), (c), (m) or (o) of the Code or any partnership of which Harveys or any of its Subsidiaries is a general partnerCode.

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, Harveys Rio as defined in Section 414(b), (c), (m) or (o) of the Code or any partnership of which Harveys Rio or any of its Subsidiaries is a general partner.

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, Harveys Showboat as defined in Section 414(b), (c), (m) or (o) of the Code or any partnership of which Harveys Showboat or any of its Subsidiaries is a general partner.

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, Harveys as defined in Code Section 414(b), (c), (m) or (oc) of which the Code or any partnership of which Harveys or any of its Subsidiaries Company is a general partnermember.

ERISA Affiliate. The term “ERISA Affiliate" shall mean any ” means each business or 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, Harveys as defined in Section ” with the Company within the meaning of Sections 414(b), (c), ) or (m) of the Code, or (orequired to be aggregated with the Company under Section 414(o) of the Code Code, or any partnership is under “common control” with the Company, within the meaning of which Harveys or any Section 4001(a)(14) of its Subsidiaries is a general partnerERISA.

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, Harveys 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 Harveys or any of its Subsidiaries is a general partnerCode.

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, Harveys 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 Harveys or any the Company, within the meaning of its Subsidiaries is a general partnerSection 4001(b)(1) of ERISA.

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, Harveys 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 Harveys includes or any of its Subsidiaries is a general partnerincluded the Company.

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, Harveys such Subject Company as defined in Section section 414(b), (c), (m) or (oc) of the Code or any partnership of which Harveys or any of its Subsidiaries is a general partnerCode.

ERISA Affiliate. The term “ERISA Affiliate" shall mean ” means 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, Harveys Tritton, as defined in Section 414(b), (c), (m) or (o) of the Code Code, or any partnership under “common control” with Tritton within the meaning of which Harveys or any Section 4001(b)(1) of its Subsidiaries is a general partnerERISA.

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, Harveys the Company as defined in Section 414(b), (c), (m) or (o) of the Code or any partnership of which Harveys the Company or any of its Subsidiaries such entity is a general partner.

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, Harveys with Seller as defined in Section 414(b), (c), (m) or (oc) of the Code or any partnership of which Harveys or any of its Subsidiaries is a general partnerCode.

ERISA Affiliate. The term "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, Harveys as SAL, xs defined in Section 414(b), (c), (m) or (o) of the Code Code, or any partnership under "common control" with SAL xxthin the meaning of which Harveys or any Section 4001(b)(1) of its Subsidiaries is a general partnerERISA.

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, Harveys with AEL as defined in Section 414(b), (c), (m) or (o) of the Code or any partnership of which Harveys or any of its Subsidiaries is a general partnerCode.

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, Harveys Company as defined in Section 414(b), (c), (m) or (o) of the Code or any partnership of which Harveys or any of its Subsidiaries is a general partnerCode.

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, Harveys (as such term is defined in Section 414(b), (c), (m) or (o414(m) of the Code or any partnership of Code) which Harveys or any of its Subsidiaries is a general partnerincludes the Companies.

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, Harveys any Entity as defined in Section 414(b), (c), (m) or (o) of the Code or any partnership of which Harveys or any of its Subsidiaries is a general partnerCode.

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, Harveys with the Company as defined in Section 414(b), (c), (m) or (oc) of the Code or any partnership of which Harveys or any of its Subsidiaries is a general partnerCode.

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, Harveys . SPD as defined in Section 414(b), (c), (m) or (o) of the Code or any partnership of which Harveys or any of its Subsidiaries is a general partnerCode.

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, Harveys with Contributors as defined in Section section 414(b), (c), or (m) or (o) of the Code or any partnership of which Harveys or any of its Subsidiaries is a general partnerCode.

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, Harveys (as such term is defined in Section 414(b), (c), (m) or (o414(m) of the Code or any partnership of Code) which Harveys or any of its Subsidiaries is a general partnerincludes the Company.

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, Harveys with the Company as defined in Section 414(b), (c), (m) or (oc) of the Code or any partnership of which Harveys or any of its Subsidiaries is a general partnerIRC.

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, Harveys with Nestle S.A. as defined in Section 414(b), (c), (m) or (oc) of the Code or any partnership of which Harveys or any of its Subsidiaries is a general partnerCode.

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, Harveys 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 Harveys or any Section 4001(b)(1) of its Subsidiaries is a general partnerERISA.

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, Harveys with the Company as defined in Section 414(b), (c), (m) or (oc) of the Code or any partnership of which Harveys or any of its Subsidiaries is a general partner.Code. (vii)

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, Harveys Seller as defined in Section 414(b), (c), (m) or (o) of the Code or any partnership of which Harveys or any of its Subsidiaries is a general partnerCode.