Affiliate

Affiliate. Means, with respect to any specified Person, any other Person who, directly or indirectly, controls, is controlled by, or is under common control with such Person, including without limitation any general partner, managing member, officer, director or trustee of such Person, or any venture capital fund or registered investment company now or hereafter existing that is controlled by one or more general partners, managing members or investment adviser of, or shares the same management company or... investment adviser with, such Person; provided that, where the term "Person" refers to Novo Holdings A/S, in lieu of the foregoing definition, the term "Affiliate" shall mean Novo Ventures (US) Inc. (together with Novo Holdings A/S, "Novo"), any partner, executive officer or director of Novo or any venture capital fund or other Person now or hereafter existing formed for the purpose of making investments in other Persons that is controlled by or under common control with Novo, and for the avoidance of doubt, shall not include any other affiliate of Novo; and provided further, that where the term "Person" refers to Deerfield Special Situations Fund, L.P. and Deerfield Private Design Fund IV, L.P. (collectively, "Deerfield"), in lieu of the foregoing definition, the term "Affiliate" shall mean Deerfield's affiliates, its other equityholders, partners (including partners and affiliated partnerships managed by the same management company or managing (general) partner or by any Person that is an Affiliate with such management company or managing (general) partner), members and a trust for the benefit of such other equityholders of Deerfield. View More

Affiliate. Shall mean any subsidiary of AG MIT, including without limitation the seller under any JV Applicable Agreement, but only to the extent of the ownership interests of AG MIT directly or indirectly in such subsidiary.

Affiliate. Means, when used with respect to a specified Person, a 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, the term "control" (including with correlative meanings, "controlled by" and "under common control with"), when used with respect to any specified 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 or other interests, by contract, agreement, obligation, indenture, instrument, lease, promise, arrangement, release, warranty, commitment, undertaking or otherwise. For purposes of this definition, with respect to any Person in which IEH (as defined in the Term Sheet) does not (i) beneficially own, either directly or indirectly, more than fifty percent (50%) of (x) the total combined voting power of all classes of voting securities of such Person, (y) the total combined equity interests or (z) the capital or profit interests, in the case of a partnership, or (ii) otherwise have the power to vote, either directly or indirectly, sufficient securities to elect a majority of the board of directors or similar governing body, IEH shall only be deemed to control such Person to the extent that, with respect to any particular matter, IEH or its other Affiliates, or IEH's or such Affiliate's employees, in their capacities as a shareholder, director, manager or general partner (or similar position) of such Person have voted or consented to take action, or encouraged others to vote or consent to take action (or take action if no vote or consent is required) with respect to such matter. For the avoidance of doubt, "Affiliate" shall not include the Company. View More

Affiliate. The meaning ascribed to it in Rule 144 promulgated under the Securities Act.

Affiliate. The meaning specified under the Investment Agreement

Affiliate. Of any particular Person means any other Person controlling, controlled by or under common control with such particular Person. For purposes of this definition, control including with correlative meanings, the terms controlling, controlled by and under common control with means the possession, directly or indirectly, of the power i to vote a majority of the equity interests having voting power for the election of directors, managers or Persons on similar governing bodies of such other Person or... ii to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract, as trustee or executor, as general partner or managing member, or otherwise. View More

Affiliate. The meaning provided in the Credit Agreement

Affiliate. As to any Person, any other Person that, directly or indirectly, controls, or is controlled by, or is under common control with, such Person. For this purpose, control (including its correlative meanings, controlling, controlled by and under common control with), with respect to the relationship between or among two or more Persons, means the possession, directly or indirectly, 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 or executor, by contract or otherwise. View More

Affiliate. Any entity that is controlled, controlled by or under common control with the Company; provided, however that for purposes of determining whether an individual is eligible to receive an Incentive Stock Option the term "Affiliate" shall mean only a parent corporation or subsidiary corporation of the Company, whether now or hereafter existing, as those terms are defined in Sections 424(e) and (f), respectively, of the Code.

Affiliate. A Parent or Subsidiary of the Company, whether existing as of the effective date of the Plan or hereafter created or acquired.