ERISA Affiliate. “ERISA Affiliate” shall mean any entity which is (or at any relevant time was) a member of a “controlled group of corporations” with, under “common control” with, or a member of an “affiliated service group” with, Seller, as defined in Section 414(b), (c), (m) or (o) of the Code, or under “common control” with Seller, within the meaning of Section 4001(b)(1) of ERISA.
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Samples: Stock and Asset Purchase Agreement (Enzo Biochem Inc), Asset Purchase Agreement (Nextera Enterprises Inc)
ERISA Affiliate. “ERISA Affiliate” " shall mean any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” " with, under “"common control” " with, or a member of an “"affiliated service group” " with, Seller, Showboat as defined in Section 414(b), (c), (m) or (o) of the Code, Code or under “common control” with Seller, within the meaning any partnership of Section 4001(b)(1) which Showboat or any of ERISAits Subsidiaries is a general partner.
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Samples: Agreement and Plan of Merger (Showboat Inc), Agreement and Plan of Merger (Harrahs Entertainment Inc)
ERISA Affiliate. “ERISA Affiliate” " shall mean any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” " with, under “"common control” " with, or a member of an “"affiliated service group” " with, Seller, Harveys as defined in Section 414(b), (c), (m) or (o) of the Code, Code or under “common control” with Seller, within the meaning any partnership of Section 4001(b)(1) which Harveys or any of ERISAits Subsidiaries is a general partner.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Harveys Casino Resorts), Stock Purchase Agreement (Harrahs Entertainment Inc)
ERISA Affiliate. “ERISA Affiliate” " shall mean any entity which is (or at any relevant time was) a member of a “the controlled group with the meaning of corporations” with, under “common control” with, or a member of an “affiliated service group” with, Seller, as defined in Code Section 414(b), (c), (m) or (oc) of which the Code, or under “common control” with Seller, within the meaning of Section 4001(b)(1) of ERISACompany is a member.
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Samples: Agreement and Plan of Merger (Walbro Corp), Agreement and Plan of Merger (Ti Group PLC)
ERISA Affiliate. The term “ERISA Affiliate” shall mean any means each business or entity which is (or at any relevant time was) a member of a “controlled group of corporations,” with, under “common control” with, or a member of an “affiliated service group” with, Seller, as defined in Section with the Company within the meaning of Sections 414(b), (c), (m) or (om) of the Code, or required to be aggregated with the Company under Section 414(o) of the Code, or is under “common control” with Sellerthe Company, within the meaning of Section 4001(b)(14001(a)(14) of ERISA.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Nuvox Inc /De/), Securities Purchase Agreement (Nuvox Inc /De/)
ERISA Affiliate. “ERISA Affiliate” " shall mean any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” " with, under “"common control” " with, or a member of an “"affiliated service group” " with, Seller, Rio as defined in Section 414(b), (c), (m) or (o) of the Code, Code or under “common control” with Seller, within the meaning any partnership of Section 4001(b)(1) which Rio or any of ERISAits Subsidiaries is a general partner.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Harrahs Entertainment Inc), Agreement and Plan of Merger (Rio Hotel & Casino Inc)
ERISA Affiliate. “ERISA Affiliate” " shall mean any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” " with, under “"common control” " with, or a member of an “"affiliated service group” " with, Seller, Seller as defined in Section 414(b), (c), (m) or (o) of the Code, or under “common control” with Seller, within the meaning of Section 4001(b)(1) of ERISA.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Chancellor Media Mw Sign Corp), Asset Purchase Agreement (Boston Biomedica Inc)
ERISA Affiliate. “ERISA Affiliate” " shall mean any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” with, " with or under “"common control” with, or a member of an “affiliated service group” with, Seller, " with the Company as defined in Section 414(b), (c), (m) or (oc) of the Code, or under “common control” with Seller, within the meaning of Section 4001(b)(1) of ERISAIRC.
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ERISA Affiliate. “ERISA Affiliate” " shall mean any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” " with, under “"common control” " with, or a member of an “"affiliated service group” " with, Seller, Company as defined in Section 414(b), (c), (m) or (o) of the Code, or under “common control” with Seller, within the meaning of Section 4001(b)(1) of ERISA.
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Samples: Agreement and Plan of Merger
ERISA Affiliate. “ERISA Affiliate” " shall mean any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” with, " with or under “"common control” with, or a member of an “affiliated service group” with, Seller, " with the Company as defined in Section 414(b), (c), (m) or (oc) of the Code, or under “common control” with Seller, within the meaning of Section 4001(b)(1) of ERISA.
Appears in 1 contract
Samples: Securities Purchase and Sale Agreement (Jones Apparel Group Inc)
ERISA Affiliate. “ERISA Affiliate” " shall mean any entity which --------------- is (or at any relevant time was) a member of a “"controlled group of corporations” " with, under “"common control” " with, or a member of an “"affiliated service group” " with, Seller, the Company (including any of its Subsidiaries) as defined in Section 414(b), (c), (m) or (o) of the Code, or under “common control” with Seller, within the meaning of Section 4001(b)(1) of ERISA.
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ERISA Affiliate. “ERISA Affiliate” " shall mean any entity --------------- which is (or at any relevant time was) a member of a “"controlled group of corporations” " with, under “"common control” " with, or a member of an “"affiliated service group” " with, Seller, the Company as defined in Section 414(b), (c), (m) or (o) of the Code, Code or under “common control” with Seller, within any partnership of which the meaning of Section 4001(b)(1) of ERISACompany or any such entity is a general partner.
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ERISA Affiliate. “ERISA Affiliate” " shall mean any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” with, " with or under “"common control” with, or a member of an “affiliated service group” with, Seller, " with the Company as defined in Section 414(b), (c), (m) or (oc) of the Code, or under “common control” with Seller, within the meaning of Section 4001(b)(1) of ERISA.. (vii)
Appears in 1 contract
Samples: Agreement and Plan of Merger (Jones Apparel Group Inc)
ERISA Affiliate. “ERISA Affiliate” " shall mean any entity Entity which is (or at any relevant time was) a member of a “"controlled group of corporations” " with, under “"common control” " with, or a member of an “"affiliated service group” " with, Seller, any Entity as defined in Section 414(b), (c), (m) or (o) of the Code, or under “common control” with Seller, within the meaning of Section 4001(b)(1) of ERISA.
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ERISA Affiliate. “ERISA Affiliate” " shall mean with respect to Contributors any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” with, " with or is under “"common control” with, or a member of an “affiliated service group” with, Seller, " with Contributors as defined in Section section 414(b), (c), or (m) or (o) of the Code, or under “common control” with Seller, within the meaning of Section 4001(b)(1) of ERISA.
Appears in 1 contract
Samples: Asset Contribution Agreement (Tower Realty Trust Inc)
ERISA Affiliate. “ERISA Affiliate” " shall mean any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” " with, under “"common control” " with, or a member of an “"affiliated service group” " with, Seller, Sellers or the Company as defined in Section 414(b), (c), (m) or (o) of the CodeIRC, or under “"common control” " with SellerSellers or the Company, within the meaning of Section 4001(b)(1) of ERISA.
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ERISA Affiliate. “The term "ERISA Affiliate” " shall mean any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” " with, under “"common control” " with, or a member of an “"affiliated service group” " with, SellerSAL, as xs defined in Section 414(b), (c), (m) or (o) of the Code, or under “"common control” " with Seller, within SAL xxthin the meaning of Section 4001(b)(1) of ERISA.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Jmar Technologies Inc)
ERISA Affiliate. The term “ERISA Affiliate” shall mean means any entity which is (or at any relevant time was) a member of a “controlled group of corporations” with, under “common control” with, or a member of an “affiliated service group” with, SellerTritton, as defined in Section 414(b), (c), (m) or (o) of the Code, or under “common control” with Seller, Tritton within the meaning of Section 4001(b)(1) of ERISA.
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Samples: Stock Purchase Agreement (Mad Catz Interactive Inc)
ERISA Affiliate. “ERISA Affiliate” shall mean mean, with respect to each Subject Company, any entity which is (or at any relevant time was) a member of a “controlled group of corporations” with, under “common control” with, with or a member of an “affiliated service group” with, Seller, as defined in Section 414(b), (c), (m) or (o) of the Code, or is under “common control” with Seller, within the meaning such Subject Company or any Subsidiary of Section 4001(b)(1such Subject Company as defined in section 414(b) or (c) of ERISAthe Code.
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Samples: Stock Purchase Agreement (Bio Rad Laboratories Inc)
ERISA Affiliate. “ERISA Affiliate” " shall mean any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” " with, under “"common control” " with, or a member of an “"affiliated service group” " with, Sellerthe Company or any Subsidiary of the Company, as defined in Section 414(b), (c), (m) or (o) of the Code, or under “"common control” " with Sellerthe Company or any Subsidiary of the Company, within the meaning of Section 4001(b)(1) of ERISA.
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ERISA Affiliate. “ERISA Affiliate” " shall mean any entity --------------- which is (or at any relevant time was) a member of a “"controlled group of corporations” with, " with or under “"common control” with, or a member of an “affiliated service group” with, Seller, " with Nestle S.A. as defined in Section 414(b), (c), (m) or (oc) of the Code, or under “common control” with Seller, within the meaning of Section 4001(b)(1) of ERISA.
Appears in 1 contract
Samples: Stock Purchase Agreement (Beringer Wine Estates Holdings Inc)
ERISA Affiliate. “ERISA Affiliate” " shall mean any entity which is (is, or at any relevant applicable time was) , a member of (1) a “controlled group of corporations” with, under “common control” with, or a member of an “affiliated service group” with, Seller, corporations (as defined in Section 414(b), (c), (m) or (o) of the Code), (2) a group of trades or businesses under common control (as defined in Section 414(c) of the Code), or (3) an affiliated service group (as defined under “common control” with Seller, within the meaning of Section 4001(b)(1414(m) of ERISAthe Code or the regulations under Section 414(o) of the Code), any of which includes or included the Company.
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ERISA Affiliate. “ERISA Affiliate” " shall mean any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” " with, under “"common control” " with, or a member of an “"affiliated service group” with, Seller, " with AEL as defined in Section 414(b), (c), (m) or (o) of the Code, or under “common control” with Seller, within the meaning of Section 4001(b)(1) of ERISA.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Ael Industries Inc)
ERISA Affiliate. “ERISA Affiliate” " shall mean any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” " with, under “"common control” " with, or a member of an “"affiliated service group” " with, Seller, . SPD as defined in Section 414(b), (c), (m) or (o) of the Code, or under “common control” with Seller, within the meaning of Section 4001(b)(1) of ERISA.
Appears in 1 contract
Samples: Agreement and Plan of Merger (L 3 Communications Corp)
ERISA Affiliate. “ERISA Affiliate” " shall mean any entity which is --------------- (or at any relevant time was) a member of a “"controlled group of corporations” " with, under “"common control” " with, or a member of an “"affiliated service group” " with, Seller, Seller as defined in Section 414(b), (c), (m) or (o) of the Code, or under “common control” with Seller, within the meaning of Section 4001(b)(1) of ERISA.
Appears in 1 contract
Samples: Asset Purchase Agreement (Fays Inc)
ERISA Affiliate. “ERISA Affiliate” " shall mean (A) any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” with, " with or under “"common control” with, or a member of an “affiliated service group” with, Seller, " with the Company as defined in Section 414(b), (c), (m) or (oc) of the Code, or under “common control” with Seller, within the meaning (B) any entity which is (or at any relevant time was) a member of an "affiliated service group" (as such term is defined in Section 4001(b)(1414(m) of ERISAthe Code) which includes the Companies.
Appears in 1 contract
Samples: Asset Purchase Agreement (Semx Corp)
ERISA Affiliate. “ERISA Affiliate” " shall mean any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” " with, under “"common control” with, or a member of an “affiliated service group” with, Seller, " with Seller as defined in Section 414(b), (c), (m) or (oc) of the Code, or under “common control” with Seller, within the meaning of Section 4001(b)(1) of ERISA.
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ERISA Affiliate. “ERISA Affiliate” " shall mean (A) any entity which is (or at any relevant time was) a member of a “"controlled group of corporations” with, " with or under “"common control” with, or a member of an “affiliated service group” with, Seller, " with the Company as defined in Section 414(b), (c), (m) or (oc) of the Code, or under “common control” with Seller, within the meaning (B) any entity which is (or at any relevant time was) a member of an "affiliated service group" (as such term is defined in Section 4001(b)(1414(m) of ERISAthe Code) which includes the Company.
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