Common use of ERISA Affiliate Clause in Contracts

ERISA Affiliate. ERISA Affiliate" shall mean any Person that is, was or would be treated as a single employer with any of the Specified Entities under Section 414 of the Code.

Appears in 5 contracts

Samples: Asset Purchase Agreement (Electric Tractor Corp.), Asset Purchase Agreement (Electric Tractor Corp.), Asset Purchase Agreement (Globetel Communications Corp)

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ERISA Affiliate. ERISA Affiliate" shall mean any Person that is, was or would be treated as a single employer with any of the Specified Entities Company under Section 414 of the Code.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Appiant Technologies Inc), Agreement and Plan of Merger (Cybersource Corp), Reorganization and Stock Purchase Agreement (Javelin Systems Inc)

ERISA Affiliate. ERISA Affiliate" shall mean any Person that is, was or would be treated as a single employer with any of the Specified Entities Company under Section 414 4001 of ERISA or Section 414(b), (c), (m) or (o) of the Code.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Bea Systems Inc), Stock Purchase Agreement (Shumate Industries Inc), Agreement and Plan of Merger (Efj Inc)

ERISA Affiliate. ERISA Affiliate" shall mean any Person that is, was or would be treated as a single employer with any of the Specified Entities under Section 414 of the Code.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Renovis Inc), Asset Contribution Agreement (Ndchealth Corp)

ERISA Affiliate. ERISA Affiliate" shall mean any Person that is, was or would be treated as a single employer with any of the Specified Entities Assist under Section 414 of the Code.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Cayenta Inc), Stock Purchase Agreement (Titan Corp)

ERISA Affiliate. ERISA Affiliate" shall mean any Person that is, was or would be treated as a single employer with any of the Specified Entities Companies under Section 414 of the Code.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Titan Corp), Stock and Asset Purchase Agreement (Molecular Devices Corp)

ERISA Affiliate. ERISA Affiliate" shall mean mean, with respect to any Party, any Person that is, was or would be treated as a single employer with any of the Specified Entities such Party under Section 414 of the Code.

Appears in 1 contract

Samples: Stock Purchase (Ppol Inc)

ERISA Affiliate. ERISA Affiliate" shall mean any Person that is, was or would be treated as a single employer with any of the Specified Entities MS under Section 414 of the Code.

Appears in 1 contract

Samples: Stock Purchase Agreement (Titan Corp)

ERISA Affiliate. ERISA Affiliate" shall mean any Person that is, was or would be treated as a single employer with any of the Specified Entities Selling Shareholder or Digitrans under Section 414 of the Code.

Appears in 1 contract

Samples: Stock Purchase Agreement (Terayon Communication Systems)

ERISA Affiliate. ERISA Affiliate" shall mean any Person that is, was or would be treated as a single employer with any of the Specified Entities Seller under Section 414 of the Code.

Appears in 1 contract

Samples: Asset Purchase Agreement (Integrated Surgical Systems Inc)

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ERISA Affiliate. ERISA Affiliate" shall mean ” of any Person that isentity means any other entity that, was or together with such entity, would be treated as a single employer with any of the Specified Entities under Section 414 of the Code.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Anadys Pharmaceuticals Inc)

ERISA Affiliate. ERISA Affiliate" shall mean of any Person that isentity means any other entity that, was or together with such entity, would be treated as a single employer with any of the Specified Entities under Section 414 of the Code.

Appears in 1 contract

Samples: Asset Purchase Agreement (Continucare Corp)

ERISA Affiliate. ERISA Affiliate" shall mean any Person that is, was or would be treated as entity which has ever been considered a single employer with any of the Specified Entities Seller under Section 414 4001(b) of ERISA or Section 414(b), (c), (m) or (o) of the Code...

Appears in 1 contract

Samples: Asset Purchase Agreement (Sunland Entertainment Co Inc)

ERISA Affiliate. ERISA Affiliate" shall mean any Person that is, was or would be treated as a single employer with any of the Specified Entities Company under Section 414 of the Code.

Appears in 1 contract

Samples: Membership Interests Purchase Agreement (Saba Software Inc)

ERISA Affiliate. ERISA Affiliate" shall mean any Any Person that is, was or would could be treated as a single employer with any of the Specified Entities under Section 414 of the Code.

Appears in 1 contract

Samples: Asset Purchase Agreement (Implant Sciences Corp)

ERISA Affiliate. ERISA Affiliate" shall mean any Person that is, was or would be treated as a single employer with any of the Specified Entities Company under Section 414 4001 of ERISA or Section 414(b), (c), (m) or (o) of the Code.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cybersource Corp)

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