Affected Members definition

Affected Members has the meaning ascribed to such term in Section 8.1(c).

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Affected Members means those individuals who are designated as being a Member of the Board of Directors of the Corporation and a participant under this Agreement as evidenced by the Schedule A attached, and as the Schedule may be amended from time to time.

Affected Members has the meaning set forth in Section 12.11.

Examples of Affected Members in a sentence

• Affected Members include all Members in a PCP’s panel and all Members who have been receiving ongoing care from the terminated Provider, where ongoing care is defined as two or more visits for home-based or office-based care in the past 12 months.

• Affected Members will have the opportunity to participate in discussions with the employer regarding their status and qualifications with respect to bumping or reassignment to other work.

• All Net Losses in excess of the limitation set forth in this Section 8.1(c) shall be allocated to the Members with positive Adjusted Capital Account balances (the “Affected Members”) in proportion to those positive Adjusted Capital Account balances and an equivalent amount of subsequent items of Company income or gain shall be allocated among the Affected Members to offset such reallocated Net Loss.

• If, however, the other Members do not purchase the Affected Member's Company Interest pursuant to this Article 10, then the following procedures will apply.

• However, where a Member is only charged with a criminal offense and not convicted, and where the Commission and the Division upon request have agreed to defer pursuing any action based upon such charges against the Company's application for a gaming license, or where any such actions of the Division or Commission are subject to a stay order, then the Affected Member's Membership Interest shall not be subject to divestiture under this subdivision (i).

• Upon the occurrence of an event described above, all of the Units then owned by the Affected Member shall be offered to the remaining Members and the Company, pursuant to the terms of Section 8.7(c) and (d), and the remaining Members and the Company shall acquire all of the Units owned by the Affected Member immediately prior to the occurrence of such event and any additional Units acquired by the Affected Members or the Affected Member’s estate subsequent to the occurrence of such an event.

• Notwithstanding the foregoing, said Director's Retainer Fee may be indexed after the effective date of this Agreement and prior to the Affected Member's Retirement Date.

• Amounts received towards the Total Amount in Default shall be deemed paid towards the oldest of each applicable type of expense (costs, interest or principal) first, and if there is more than one Affected Member, the distributions attributable to the Membership Interest of the Defaulting Member shall be shared among the Affected Members in the proportions that such Affected Members’ Percentage Interests bear to the aggregate Percentage Interests of such Affected Members.

• If, however, the other Members do not purchase the Affected Member's Membership Rights pursuant to this Article 10, then the following procedures will apply.

• If any amendment, amendment and restatement, or waiver would materially and adversely change the specifically enumerated rights hereunder of one or more Members (“Affected Members”) in a way that is materially different from the change such amendment, amendment and restatement, or waiver would have on such specifically enumerated rights of other Members, such amendment, amendment and restatement, or waiver shall not be effective as to any Affected Member, unless consented to by all of the Affected Members.

More Definitions of Affected Members

Affected Members has the meaning set forth in Article 11.

Affected Members has the meaning set forth in Section 10.03. “Affiliate” of any Person means any other Person that, directly or indirectly through one or more intermediaries, Controls, is Controlled by or is under common Control with such Person. “Affiliate Transaction Approval” has the meaning set forth in Section 4.03(b). “Agreement” means this Amended and Restated Limited Liability Company Agreement, including all exhibits and schedules hereto, as any of the foregoing may be amended or restated from time to time in accordance with the terms hereof. “Appgate Entities” means the Company, Appgate, Appgate Cybersecurity, Inc., Appgate Germany GmbH, Catbird Networks, Inc., Cryptzone Group AB, Cryptzone International Holdings, Inc., Cryptzone North America, Inc., Cryptzone UK Ltd., Cryptzone Worldwide, Inc., Easy Solutions Do Brasil Ltda., Easy Solutions Enterprises Corp., Easy Solutions, Inc., Easy Solutions Japan G.K., Easy Solutions S.A.S., Immunity Federal Services, LLC, Immunity, Inc., Immunity Inc. Sucursal Empresa Extranjera, Immunity Products, LLC, Immunity Services, LLC and any direct or indirect Subsidiaries of the Company or any other Appgate Entity (including any Person who becomes such a Subsidiary after the Effective Date) and their respective successors and assigns. “Appgate Investors” means Appgate Investors, LLC, a Delaware limited liability company, which has been designated by the Magnetar Members to act on their behalf. “Asset Sale” has the meaning set forth in Section 8.06(a). “Assumed Tax Rate” means the highest marginal statutory rate of Federal, state and local income tax (including any tax under Section 1411 of the Code on net investment income applicable to an individual resident in New York, New York) taking account of any difference in rates applicable to ordinary income, qualified dividends, capital gains, and any allowable deductions in respect of such state and local taxes in computing such individual’s federal income taxes (taking into account any phase-outs related thereto). “Authorized Representative” has the meaning set forth in Section 13.13(a). “Bankruptcy Code” has the meaning set forth in the Recitals. “Bankruptcy Court” has the meaning set forth in the Recitals. “Board Designation Conditions” has the meaning set forth in Section 4.01(a)(i)(B). “Board Expenses” has the meaning set forth in Section 4.06(b).

Affected Members means the Affected Union Members and the Affected Non-Union Members.

Affected Members means customers receiving financial advice from the first, second or third respondents (including through their authorised representatives), and whose accounts were charged advice fees after notification of their death;

Affected Members. As defined in Section 1.1(c)(ii). Affiliate. Any Person that, directly or indirectly, through one or more intermediaries, is controlled by Metris Companies Inc. The term "controlled by", with respect to any such Person, means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such Person, whether through the ownership of voting securities, by contract or otherwise.

Affected Members shall have the meaning given in Section 7.1(b)(iii).