Affiliate

Affiliate. The meaning set forth in the Merger Agreement as in effect on the date hereof; provided, that solely for purposes of this Agreement, neither the Company nor any of its Subsidiaries shall be deemed to be an "Affiliate" of Stockholder or any of its Affiliates; provided, further, that, "Affiliate" of Stockholder shall not include any portfolio company or other investment of Stockholder or any Affiliate of Stockholder

Affiliate. With respect to any specified Person, any other Person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, such specified Person. As used in this definition, control (including the terms controlled by and under common control with) means the possession, directly or indirectly or as trustee, personal representative or executor, of the power to direct or cause the direction of the affairs or management of a Person, whether... through the ownership of voting securities, as trustee, personal representative or executor, by contract or otherwise. View More

Affiliate. Any person or entity that, either directly or indirectly, controls, is under common control with, or is controlled by a party to this Agreement, whether such control is exercised by voting rights or otherwise

Affiliate. Any entity (whether or not incorporated) which, by reason of its relationship with the Company, would be considered a single employer with the Company under Section 414(b) or 414(c) of the Code, subject to the requirements and definitions contained in Code Section 409A

Affiliate. Has the meaning set forth in Rule 405 under the Securities Act and, for the avoidance of doubt, the Affiliates of each of the Stockholders shall include Dr. Mark H. Rachesky; provided, however, that, notwithstanding anything to the contrary, for purposes of this Agreement, (a) no member of the Leo Group or the Transit Group shall be, or shall be deemed to be, an Affiliate of MHR and (b) no portfolio company of (i) any investment vehicle or (ii) any holding company that, in each case, is... directly or indirectly managed or controlled by MHR or its Affiliates, as the case may be, shall be, or shall be deemed to be, an Affiliate of MHR (unless and to the extent such portfolio company is acting at the direction of MHR). View More

Affiliate. Another Person that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, such first Person or with which such first Person is a joint venturer or in which such first Person owns an equity interest. As used herein, control means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities or equity interests, by... contract or otherwise. View More

Affiliate. As to an Entity, any other Entity that, directly or indirectly, controls, is controlled by or is under common control with such Entity, as the case may be, for so long as such control exists. As used in this Section 1.1, control means: (a) to possess, directly or indirectly, the power to direct the management and policies of an Entity, whether through ownership of voting securities or by contract relating to voting rights or corporate governance; or (b) direct or indirect beneficial ownership... of at least fifty percent (50%) (or such lesser percentage that is the maximum allowed to be owned by a foreign Entity in a particular jurisdiction and is sufficient to grant the holder of such voting stock or interest the power to direct the management and policies of such entity) of the voting share capital in an Entity. For purposes of this Agreement, neither Company nor BioAtla shall be deemed an Affiliate of the other Party. View More

Affiliate. With respect to an Entity, any other Entity that controls, is controlled by, or is under common control with such Entity, for as long as such control exists. Notwithstanding the foregoing, for purposes of this Agreement, and regardless of the foregoing definition of control: (a) BioAtla and Company shall be deemed not to be Affiliates of each other; and (b) BioAtla HK shall be considered an Affiliate of BioAtla.

Affiliate. Any entity CONTROLLING, CONTROLLED by, or under common CONTROL with a PARTY. "CONTROL" means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract, or otherwise.

Affiliate. With respect to any Person, any other Person who or which, directly or indirectly, controls, is controlled by, or is under common control with such specified Person, including, without limitation, any general partner, officer, director or manager of such Person and any venture capital fund or other investment fund now or hereafter existing that is controlled by one or more general partners or managing members of, or is under common investment management with, or shares the same investment... adviser with, such Person. For the avoidance of doubt, SoftBank Vision Fund L.P., a limited partnership formed under the laws of Jersey ("SVF"), SoftBank Group Corp. and all persons or entities controlling, controlled by or under common control with either SVF or SoftBank Group Corp. are Affiliates of each other. For the avoidance of doubt, an Affiliate with respect to Dahlia Investments Pte Ltd. ("Temasek") shall mean Temasek's ultimate holding company, Temasek Holdings (Private) Limited ("Temasek Holdings"), and Temasek Holdings' direct and indirect wholly owned companies whose boards of directors or equivalent governing bodies are comprised solely of nominees or employees of (i) Temasek Holdings; (ii) Temasek Pte. Ltd; and/or (iii) wholly owned direct or indirect subsidiaries of Temasek Pte. Ltd. View More