Common use of Definition of Affiliate Clause in Contracts

Definition of Affiliate. The term “Affiliate” means any person controlled by, under common control with or which controls a party to this Agreement, control being defined as either having ownership of a majority of the equity of such party generally eligible to elect a majority of the governing body of such party, or the right by agreement or otherwise to direct the actions of such party (including, without limitation as a general partner of a partnership or as a managing member of a limited liability company)

Appears in 1 contract

Samples: Service Agreement (CytoCore Inc)

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Definition of Affiliate. The term As used herein, “Affiliate” means any person or entity that directly, or indirectly through one or more intermediaries, controls, is controlled by, by or is under common control with a person or which controls entity, as the case may be. For the purposes of this definition, “control” and “controlled” mean the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a party to this Agreementperson or entity, control being defined as either having whether through the ownership of a majority of the equity of such party generally eligible to elect a majority of the governing body of such partyvoting securities, by contract or the right by agreement or otherwise to direct the actions of such party (including, without limitation as a general partner of a partnership or as a managing member of a limited liability company)otherwise.

Appears in 1 contract

Samples: Purchase and Sale Agreement (KBS Growth & Income REIT, Inc.)

Definition of Affiliate. The term “As used in this Agreement, "Affiliate” means " means, with respect to any person or entity, any other person or entity controlling, controlled by, by or under common control with such person or which controls a party to entity. For purposes of this Agreementdefinition, control being defined as either having the term "control" (and correlative terms) means the power, whether by contract, equity ownership of a majority of the equity of such party generally eligible to elect a majority of the governing body of such partyor otherwise, or the right by agreement or otherwise to direct the actions of such party (including, without limitation as a general partner policies or management of a partnership person or as a managing member of a limited liability company)entity.

Appears in 1 contract

Samples: Purchase Agreement (Englobal Corp)

Definition of Affiliate. The For the purposes of this Agreement, the term “Affiliate” means any person a corporation or other entity, which directly or indirectly controls, is controlled by, by or is under common control with any party or which controls a party to this Agreement, control being defined as either having its shareholders. The term “control” means the ownership of a majority more than 50% of the equity of such party generally eligible outstanding shares or equivalent interest entitled to elect a majority of the governing body of such party, or the right by agreement or otherwise to direct the actions of such party (including, without limitation as a general partner of a partnership or as a managing member of a limited liability company)vote. [SIGNATURES APPEAR ON THE NEXT PAGE]

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement

Definition of Affiliate. The As used herein, the term “Affiliateaffiliatemeans shall mean any person person, group, corporation or entity which directly or indirectly is controlled by, under common control with or which controls a party to this Agreement, control being defined as either having ownership of a majority of the equity of such party generally eligible to elect a majority of the governing body of such partywith, or owned to the extent of 10% or more by the Company. “Control” means the right by agreement or otherwise power to direct the actions of such party (including, without limitation as a general partner of a partnership management or as a managing member of a limited liability company)policies.

Appears in 1 contract

Samples: Consulting Services Agreemnet (SRKP 16 Inc)

Definition of Affiliate. The term “Affiliate” means 13.1 For the purposes hereof, "affiliate" shall mean with respect to any person or entity, any other person, corporation, partnership, trust or other entity that directly or indirectly, through one or more intermediaries, is controlled by, controls or is under common control with with, such person or which controls a party to this Agreement, control being defined as either having ownership of a majority of the equity of such party generally eligible to elect a majority of the governing body of such party, or the right by agreement or otherwise to direct the actions of such party (including, without limitation as a general partner of a partnership or as a managing member of a limited liability company)entity.

Appears in 1 contract

Samples: Consultant Services Agreement (Allied Technologies Group, Inc.)

Definition of Affiliate. The term "Affiliate” means ", as used in this Agreement shall mean, as to any person, any other person that, directly or indirectly, is in control of, is controlled by, by or is under common control with or which controls a party to such person. As used in this Agreement, control being defined as either having the term "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person or entity, whether through ownership of a majority of the equity of such party generally eligible to elect a majority of the governing body of such partyvoting securities, by contract or the right by agreement or otherwise to direct the actions of such party (including, without limitation as a general partner of a partnership or as a managing member of a limited liability company)otherwise.

Appears in 1 contract

Samples: Limited Liability (Idt Corp)

Definition of Affiliate. The term “Affiliate” means any person controlled by, under common control with or which controls a party to For purposes of this Agreement, control being defined as either having ownership of a majority of the equity of such party generally eligible to elect a majority of the governing body of such partyterm "affiliate" shall mean any person or entity which WelCare or Owner or its general partners, or the right by agreement its partners and their respective stockholders or otherwise to direct the actions of such party (includingindividual partners, without limitation as a general partner of a partnership directly or as a managing member of a limited liability company)indirectly, through one or more intermediaries, controls, is in common control with, or is controlled by.

Appears in 1 contract

Samples: Long Term Care Facility Management Agreement (Centennial Healthcare Corp)

Definition of Affiliate. The term “Affiliate” means any person shall mean an entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with with, the Company. The term “control” means the possession, directly or which controls indirectly, of the power to direct or cause the direction of the management and policies of a party to this Agreementperson, control being defined as either having whether through the ownership of voting securities, by contract or otherwise, and the term “controlled” has a majority of the equity of such party generally eligible to elect a majority of the governing body of such party, or the right by agreement or otherwise to direct the actions of such party (including, without limitation as a general partner of a partnership or as a managing member of a limited liability company)meaning correlative thereto.

Appears in 1 contract

Samples: Employment Agreement

Definition of Affiliate. The term “Affiliate” means any person controlled by, under common control with or which controls a party to this Agreement, control being defined as either having ownership of a majority of the equity of such party generally eligible to elect a majority of the governing body of such party, or the right by agreement or otherwise to direct the actions of such party (including, without limitation as a general partner of a partnership or as a managing member of a limited liability company).

Appears in 1 contract

Samples: Supply Agreement (CytoCore Inc)

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Definition of Affiliate. The term “Affiliate” means any person controlled by, under common control with or which controls a party to For purposes of this Agreement, control being defined as either having the term "Affiliate" shall mean and include all Shareholders, directors and officers of Company; the spouse of any such person; any person who would be the heir or descendant of any such person if he or she were not living; and any entity in which any of the foregoing has a direct or indirect interest, except through ownership of a majority less than 5% of the equity outstanding shares of such party generally eligible to elect any entity whose securities are listed on a majority of national securities exchange or traded in the governing body of such party, or the right by agreement or otherwise to direct the actions of such party (including, without limitation as a general partner of a partnership or as a managing member of a limited liability company)national over-the-counter market.

Appears in 1 contract

Samples: Stock Purchase Agreement (Pentair Inc)

Definition of Affiliate. The For the purposes of this Agreement, the term “Affiliate” means any person a corporation or other entity, which directly or indirectly controls, is controlled by, by or is under common control with any party or which controls a party to this Agreement, control being defined as either having its shareholders. The term “control” means the ownership of a majority more than 50% of the equity of such party generally eligible outstanding shares or equivalent interest entitled to elect a majority of the governing body of such party, or the right by agreement or otherwise to direct the actions of such party (including, without limitation as a general partner of a partnership or as a managing member of a limited liability company)vote.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Mascoma Corp)

Definition of Affiliate. The term “For purposes of this Letter, "Affiliate” means " shall mean any person person, partnership, joint venture, corporation, or other form of enterprises which directly or indirectly controls, or is controlled by, or is under common control with with, a signatory. For purposes of the preceding sentence, the word "control" shall mean possession, directly or which controls a party indirectly, of the power to this Agreement, control being defined as either having direct or cause direction of management and policies through ownership of a majority of the equity of such party generally eligible to elect a majority of the governing body of such partyvoting securities, contract, voting trust, or the right by agreement or otherwise to direct the actions of such party (including, without limitation as a general partner of a partnership or as a managing member of a limited liability company)otherwise.

Appears in 1 contract

Samples: Fx Energy Inc

Definition of Affiliate. For purposes hereof, the term “Affiliate” shall mean any corporation, association, partnership, limited liability company, or other legal entity or organization that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with Company. As used in this definition, a person is deemed to control a company or entity if it owns, directly or indirectly, at least 50 percent of the voting equity securities of the other company. The term “Affiliate” means any person controlled byis not intended to apply to individual persons, under common control with including individual or which controls a party to this Agreement, control being defined as either having ownership of a majority of institutional investors in the equity of such party generally eligible to elect a majority of the governing body of such party, or the right by agreement or otherwise to direct the actions of such party (including, without limitation as a general partner of a partnership or as a managing member of a limited liability company)Company.

Appears in 1 contract

Samples: General Release and Continuing Obligations Agreement (theMaven, Inc.)

Definition of Affiliate. The For all purposes of this Agreement, the term “Affiliate” means any person means, with respect to a specified entity, an entity that directly, or indirectly through one or more intermediaries, controls or is controlled by, by or is under common control with with, the entity specified. For purposes of this definition, the term “control” (including the terms “controlled by” and “under common control with”) means possession, directly or which controls a party indirectly, of the power to this Agreementdirect or cause the direction of the management and policies of an entity, control being defined as either having whether through ownership of a majority of the equity of such party generally eligible to elect a majority of the governing body of such partyvoting securities, by contract interest or the right by agreement or otherwise to direct the actions of such party (including, without limitation as a general partner of a partnership or as a managing member of a limited liability company)otherwise.

Appears in 1 contract

Samples: Employment Agreement (Intercontinental Hotels Group PLC /New/)

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