MedQuist Affiliate

MedQuist Affiliate. Means any Person, including but not limited to any MedQuist Company, that, at any time, directly or indirectly, controls, is controlled by, or is under common control with, MedQuist (including without limitation its assigns or successors-in-interest). For the purpose of this definition and the definition of Anthurium Affiliates and Related Parties, the term "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of... such entity, whether through ownership of voting securities (as to which ownership of 50% or more establishes control) or other interests, by contract or otherwise, including, in the case of a trust, the power to appoint or remove trustees or otherwise direct the trust's affairs. The terms "is controlled by or "is under common control" have the correlative meanings. For the purposes of clarity and without limitation this definition is expressly intended to cover (a) CBay Systems Holdings, Ltd. ("CBay Holdings") and the medical transcription companies controlled by CBay Holdings, but (b) is expressly not intended to cover S.A.C. PEI CB Investment, L.P. ("S.A.C."), or any other companies controlled by S.A.C. (except in their capacity as direct or indirect owner of MedQuist), other than the companies falling under item (a). View More