Permitted Affiliates. By signing the Agreement, you enter into this DPA (including, where applicable, the Standard Contractual Clauses) on behalf of yourself and in the name and on behalf of your Permitted Affiliates. For the purposes of this DPA only, and except where indicated otherwise, the terms “Customer”, “you” and “your” will include you and such Permitted Affiliates.
Permitted Affiliates. By signing the Agreement, you enter into this DPA on behalf of yourself and, to the extent required under applicable Data Protection Laws, in the name and on behalf of your Permitted Affiliates, thereby establishing a separate DPA between us and each such Permitted Affiliate subject to the Agreement and the ‘General Provisions’ and ‘Parties to this DPA’ sections of this DPA. Each Permitted Affiliate agrees to be bound by the obligations under this DPA and, to the extent applicable, the Agreement. For the purposes of this DPA only, and except where indicated otherwise, the terms “Customer”, “you” and “your” will include you and such Permitted Affiliates.
Permitted Affiliates. Notwithstanding anything contained in this Lease to the contrary, an assignment, subletting or permitting the use of all or any portion of the Premises to or by a Permitted Affiliate (as defined below) of Tenant shall not be deemed a Transfer under this Article 14 and thus shall not be subject to (i) any requirement of obtaining Landlord's consent thereto under this Article 14, (ii) Landlord's right to receive fifty percent (50%) of any Transfer Premium in connection therewith under Section 14.3 or (iii) Landlord's right to recapture the Premises under Section 14.4, provided that (a) Tenant notifies Landlord of such assignment or sublease and the identity of the Permitted Affiliate prior to the effective date thereof and promptly after request from Landlord supplies Landlord with any documents or information reasonably requested by Landlord regarding such assignment or sublease and/or such Permitted Affiliate; and (b) such assignment or sublease is not a subterfuge by Tenant to avoid its obligations under this Lease or the restrictions on Transfers pursuant to this Article 14. As used in this Section 14.7, "PERMITTED AFFILIATE" shall mean (1) any person, corporation or other entity which is controlled by, controls, or in common control with Tenant, or (2) any entity which merges with Tenant or acquires substantially all of Tenant's stock or assets, and in either case of (1) or (2) above, such person, corporation or other entity has a net worth as of the effective date of the assignment or sublease at least equal to the net worth of Tenant as of the date of execution of this Lease. "Control," as used in this Section 14.7, shall mean the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person or entity, whether through the ownership of voting securities, by contract or otherwise.
Permitted Affiliates. Unless expressly set out in the applicable Service Order, and notwithstanding anything else in this Agreement to the contrary, no Affiliates of Client shall be entitled to enjoy the benefit of this Agreement, whether accessing or using the Services and/or as sub-licensees of the other Pixalate Materials provided pursuant to this Agreement or otherwise, other than to the extent that such Affiliate is a Permitted Affiliate. Client shall remain responsible for and liable for the acts and omissions of any Permitted Affiliates in respect of this Agreement. Where a Permitted Affiliate ceased to be an Affiliate of the Client, any rights of such Permitted Affiliate to enjoy the benefit of this Agreement shall also cease.
Permitted Affiliates. Riverbed’s obligations set forth in this DPA will also extend to Permitted Affiliates subject to the following conditions:
Permitted Affiliates. Each of the undersigned, as "Permitted Affiliates" under the foregoing Credit Agreement, consents to the foregoing Third Amended and Restated Revolving Credit Agreement, makes the representations set forth in Article 7 that apply to such Permitted Affiliate, and agrees to be bound by the covenants of Articles 4, 6 and 11 that apply to such Permitted Affiliate and reaffirms its obligations under its Amended and Restated Payment Guaranty, dated the date of this Agreement. Dated as of April 30, 2004 PERMITTED AFFILIATES: JMS ACQUISITION LLC, a Delaware limited liability company ESSEX PORTFOLIO, L.P., a California limited partnership, its sole member and manager By: Essex Property Trust, Inc., A Maryland corporation, its General Partner By: Name: Title: JAYSAC, LTD, Texas limited partnership By: JAYSAC GP CORP., Delaware corporation, its General Partner By: Name: Title: JAYSAC GP CORP., a Delaware corporation By: Name: Title: CUSIP Number 00000XXX0 THIRD AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT dated as of April 30, 2004 among ESSEX PORTFOLIO, L.P., a California limited partnership, THE LENDERS LISTED HEREIN, BANK OF AMERICA, N.A., as Administrative Agent, UNION BANK OF CALIFORNIA, N.A., as Co-Syndication Agent, BANK ONE, NA, as Co-Syndication Agent, KEYBANK NATIONAL ASSOCIATION, as Managing Agent, PNC BANK, NATIONAL ASSOCIATION, as Managing Agent, and BANC OF AMERICA SECURITIES LLC, as Sole Lead Arranger and Sole Book Manager
Permitted Affiliates. The parties agree that the benefits of this Agreement shall extend to any RRD Affiliate so long as such entity remains an RRD Affiliate, but only if any such RRD Affiliate executes and delivers to Noosh a written agreement, in form and substance reasonably satisfactory to Noosh, in which such RRD Affiliate agrees to be subject to the same obligations as apply to RRD hereunder ("Permitted Affiliate"). [] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended.
Permitted Affiliates. Notwithstanding anything to the contrary contained in Paragraph 12 of this Lease, neither (i) an assignment of this Lease in connection with a transfer by Lessee of all or substantially all of the assets of Lessee or Lessee's parent corporation, (ii) an assignment of this Lease to a transferee which is the resulting entity of a merger or consolidation of Lessee or Lessee's parent corporation with another entity, nor (iii) an assignment or subletting of all or a portion of the Premises to Lessee's parent corporation, any corporation which is a wholly owned subsidiary of Lessee's parent corporation, and/or any corporation or other entity which is controlled by, controls, or is under common control with, Lessee's parent corporation, shall be deemed an assignment or sublease which requires Lessor's prior consent under Paragraph 12, provided that (A) Lessee notifies Lessor of any such assignment or sublease or other such transaction and promptly supplies Lessor with any documents or information reasonably requested by Lessor regarding such transaction, (B) such assignment, sublease or other transaction is not a subterfuge by Lessee to avoid its obligations under this ADDENDUM
Permitted Affiliates. Notwithstanding anything contained in this Lease to the contrary, an assignment, subletting or permitting the use of all or any portion of the Premises to or by a Permitted Affiliate (as defined below) of Tenant shall not be deemed a Transfer under this Article 14 and thus shall not be subject to (i) any requirement of obtaining Landlord's consent thereto under this Article 14, (ii) Landlord's right to receive fifty percent (50%) of any Transfer Premium in connection therewith under Section 14.3 or (iii) Landlord's right to recapture the Premises under Section 14.4, provided that (a) Tenant notifies Landlord of such assignment or sublease and the identity of the Permitted Affiliate prior to the effective date thereof and promptly after request from Landlord supplies Landlord with any documents or information reasonably requested by Landlord regarding such assignment or sublease and/or such Permitted Affiliate; and (b) such assignment or sublease is not a subterfuge by Tenant to avoid its obligations under this Lease or the restrictions on Transfers pursuant to this Article 14. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems]
Permitted Affiliates. Section 14.5 of the Lease is hereby deleted in its entirety and replaced with the following:
