Common use of ERISA Affiliate Clause in Contracts

ERISA Affiliate. (a) Any corporation that is a member of the same controlled group of corporations (within the meaning of Section 414(b) of the Code) as the Borrower, (b) a trade or business (whether or not incorporated) under common control (within the meaning of Section 414(c) of the Code) with the Borrower, or (c) a member of the same affiliated service group (within the meaning of Section 414(m) of the Code) as the Borrower, any corporation described in clause (a) above or any trade or business described in clause (b) above.

Appears in 19 contracts

Samples: Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp)

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ERISA Affiliate. (a) Any corporation that which is a member of the same controlled group of corporations (within the meaning of Section 414(b) of the Code) as the Borrower, Seller; (b) a A trade or business (whether or not incorporated) under common control (within the meaning of Section 414(c) of the Code) with the Borrower, Seller or (c) a A member of the same affiliated service group (within the meaning of Section 414(m) of the Code) as the BorrowerSeller, any corporation described in clause (a) above or any trade or business described in clause (b) above.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Resource America Inc), Receivables Purchase Agreement (Fidelity Leasing Inc)

ERISA Affiliate. (a) Any corporation that is a member of the same controlled group of corporations (within the meaning of Section 414(b) of the Code) as the Borrower, (b) a trade or business (whether or not incorporated) under common control (within the meaning of Section 414(c) of the Code) with the Borrower, or (c) a member of the same affiliated service group (within the meaning of Section 414(m) of the Code) as the Borrower, any corporation described in clause (a) above or any trade or business described in clause (b) above. Errors: Defined in Section 7.8(c).

Appears in 2 contracts

Samples: Note Purchase Agreement (NewStar Financial, Inc.), Note Purchase Agreement (NewStar Financial, Inc.)

ERISA Affiliate. (a) Any corporation that which is a member of the same controlled group of corporations (within the meaning of Section 414(b) of the Code) as the Borrower, Seller; (b) a trade or business (whether or not incorporated) under common control (within the meaning of Section 414(c) of the Code) with the Borrower, Seller; or (c) a member of the same affiliated service group (within the meaning of Section 414(m) of the Code) as the BorrowerSeller, any corporation described in clause (a) above or any trade or business described in clause (b) above.

Appears in 1 contract

Samples: Loan Purchase and Servicing Agreement (First International Bancorp Inc)

ERISA Affiliate. (a) Any corporation that is a member of the same controlled group of corporations (within the meaning of Section 414(b) of the Code) as the Borrower, ; (b) a trade or business (whether or not incorporated) under common control (within the meaning of Section 414(c) of the Code) with the Borrower, Borrower or (c) a member of the same affiliated service group (within the meaning of Section 414(m) of the Code) as the Borrower, any corporation described in clause (a) above or any trade or business described in clause (b) above.

Appears in 1 contract

Samples: Funding and Servicing Agreement (American Capital Strategies LTD)

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ERISA Affiliate. (a) Any any corporation that is included with the Borrower in a member of the same controlled group of corporations (within the meaning of Section 414(b) of the Code) as the Borrower, (b) a any trade or business (whether or not incorporated) which is under common control (with the Borrower within the meaning of Section 414(c) of the Code) with the Borrower, or and (c) a any member of the same an affiliated service group (of which the Borrower is a member within the meaning of Section 414(m) of the Code) as the Borrower, any corporation described in clause (a) above or any trade or business described in clause (b) above.

Appears in 1 contract

Samples: Credit Agreement (Gateway Trade Center Inc.)

ERISA Affiliate. (ai) Any corporation that is a member of the same controlled group of corporations (within the meaning of Section 414(b) of the Code) as the Borrower, ; (bii) a trade or business (whether or not incorporated) under common control (within the meaning of Section 414(c) of the Code) with the Borrower, Borrower or (ciii) a member of the same affiliated service group (within the meaning of Section 414(m) of the Code) as the Borrower, any corporation described in clause (ai) above or any trade or business described in clause (bii) above.

Appears in 1 contract

Samples: Loan and Servicing Agreement (Prospect Capital Corp)

ERISA Affiliate. (ai) Any corporation that is a member of the same controlled group of corporations (within the meaning of Section 414(b) of the Internal Revenue Code) as the Borrower, ; (bii) a trade or business (whether or not incorporated) under common control (within the meaning of Section 414(c) of the Internal Revenue Code) with the Borrower, Borrower or (ciii) a member of the same affiliated service group (within the meaning of Section 414(m) of the Internal Revenue Code) as the Borrower, any corporation described in clause (ai) above or any trade or business described in clause (bii) above.

Appears in 1 contract

Samples: Loan and Servicing Agreement (Prospect Capital Corp)

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