AE Affiliate definition
AE Affiliate means any Affiliate of AE Industrial Partners, LP that serves as general partner of, or manages or advises, any investment fund affiliated with AE Industrial Partners, LP that has a direct or indirect investment in the Company. “AE Excluded Entity” means (i) any leveraged finance investment fund or any other investment fund associated or affiliated with AE Industrial Partners, LP, the primary purpose of which is to invest in loans or debt securities, or (ii) any hedge fund associated or affiliated with AE Industrial Partners, LP. “AE Group” means the Investor, together with its Affiliates, including AE Affiliates. “Affiliate” means, as to any Person, any other Person that, directly or indirectly, controls, or is controlled by, or is under common control with, such Person; provided, however, (i) that the Company and its Subsidiaries shall not be deemed to be Affiliates of any Investor Party or any of its Affiliates, and (ii) neither (A) “portfolio companies” (as such term is customarily used in the private equity industry) of funds managed or advised by any Affiliate of any Investor Party, (B) any fund affiliated with any member of the AE Group (including any AE Excluded Entity), or (C) any of their respective Affiliates shall be considered to be Affiliates of any Investor Party or any of its Affiliates so long as such Person (x) is not acting at the direction of any Investor Party or any Investor Director Designee to carry out any act prohibited by this Agreement, including Section 5.06, and (y) has not received from any Investor Party, any Affiliate of any Investor Party or any Investor Director Designee any Confidential Information; provided that, no Person specified in (A) or (B) above shall be deemed to have received Confidential Information solely by virtue of the fact that an individual that received Confidential Information serves as a director, officer, manager, employee or advisor of such Person (or other similarly situated dual-role individuals). For this purpose, “control” (including, with its correlative meanings, “controlled by” and “under common control with”) shall mean the possession, directly or indirectly, of the power to direct or cause the direction of management or policies of a Person, whether through the ownership of securities or partnership or other ownership interests, by contract or otherwise. “as-converted basis” means, as of any date, (i) all outstanding shares of Common Stock as of such date and (ii) with respect to any outsta...