Example ContractsClausesdebt fund affiliateVariants
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Affiliate” means, as applied to any Person, any other Person directly or indirectly Controlling, Controlled by, or under common Control with, that Person. No Person shall be an “Affiliate” of the Borrower or any Subsidiary thereof solely because it is an unrelated portfolio company of any Sponsor and none of the Agents, any Lender (other than any Affiliated Lender or any Debt Fund Affiliate) or any of their respective Affiliates shall be considered an Affiliate of the Borrower or any Subsidiary thereof.

Affiliatemeans, as appliedshall mean, with respect to any Person, any other Person directly or indirectly Controlling, Controlledcontrolling (including, but not limited to, all directors and officers of such Person), controlled by, or under direct or indirect common Controlcontrol with, thatsuch Person. NoA Person shall be an “Affiliatedeemed to control another Person if such Person possesses, directly or indirectly, the power to direct or cause the direction of the Borrowermanagement and policies of such other Person, whether through the ownership of voting securities, by contract or otherwise; provided, however, that neither Lender nor any SubsidiaryAffiliate thereof solely because it is an unrelated portfolio company of any Sponsor and none of the Agents, any Lender (other than any Affiliated Lender or any Debt Fund Affiliate) or any of their respective Affiliates shall be considered an Affiliate of the Borrower or any Subsidiary thereof.

Affiliate” means, as applied to# any Person, any other Person directlythat directly, or indirectly Controlling, Controlled by,through one or under common Control with, that Person. Nomore intermediaries, controls the Borrower (a “Controlling Person”) or # any Person shall be an “Affiliate” of(other than the Borrower or anya Subsidiary thereof solely because it is an unrelated portfolio company of any Sponsor and none of the Agents, any Lender (other than any Affiliated LenderBorrower) which is controlled by or any Debt Fund Affiliate)is under common control with a Controlling Person. As used herein, the term “control” means possession, directly or any of their respective Affiliates shall be considered an Affiliateindirectly, of the Borrowerpower to direct or any Subsidiary thereof.cause the direction of the management or policies of a Person, whether through the ownership of voting securities, by contract or otherwise.

Affiliatemeans, as applied tomeans # any Person, any other Person directlythat directly, or indirectly Controlling, Controlled by,through one or under common Control with, that Person. Nomore intermediaries, controls the Borrower (a “Controlling Person”) or # any Person shall be an “Affiliate” of(other than the Borrower or anya Subsidiary thereof solely because it is an unrelated portfolio company of any Sponsor and none of the Agents, any Lender (other than any Affiliated LenderBorrower) which is controlled by or any Debt Fund Affiliate)is under common control with a Controlling Person. As used herein, the term “control” means possession, directly or any of their respective Affiliates shall be considered an Affiliateindirectly, of the Borrowerpower to direct or any Subsidiary thereof.cause the direction of the management or policies of a Person, whether through the ownership of voting securities, by contract or otherwise.

Affiliate” means, as appliedwith respect to any Person, any otheranother Person directlythat directly, or indirectly Controlling,through one or more intermediaries, Controls or is Controlled by,by or is under common Control with, that Person. Nowith the Person shall be an “Affiliatespecified. “Control” means the possession, directly or indirectly, of the Borrowerpower to direct or any Subsidiary thereof solely because it is an unrelated portfolio company of any Sponsor and nonecause the direction of the Agents, anymanagement or policies of a Person, whether through the ability to exercise voting power, by contract or otherwise. “Controlling” and “Controlled” have meanings correlative thereto. Unless expressly stated otherwise herein, no Lender (other than anyan Affiliated Lender or any Debt Fund Affiliate) or any of their respective AffiliatesLender) shall be considereddeemed to be an Affiliate of the BorrowerHoldings or of any Subsidiary thereof.of its Subsidiaries.

Affiliate” means, as appliedwith respect to any Person, any other Person directly or indirectly Controlling, Controlledcontrolling, controlled by, or under direct or indirect common Control with,control with such Person, or, in the case of any Lender that Person. Nois an investment fund, the investment advisor thereof and any investment fund having the same investment advisor. A Person shall be an “Affiliatedeemed to control a second Person if such first Person possesses, directly or indirectly, the power # to vote 15% or more of the securities having ordinary voting power for the election of directors or managers of such second Person or # to direct or cause the direction of the management and policies of such second Person, whether through the ownership of voting securities, by contract or otherwise. For the avoidance of doubt, any director or officer (or person functioning in a substantially similar role) of the Borrower or any Subsidiary thereof solely because it isof its Subsidiaries shall be deemed an unrelated portfolio company of any Sponsor and noneAffiliate of the Agents,Borrower and its Subsidiaries. Notwithstanding the foregoing, neither the Administrative Agent nor any Lender (other thanshall in any Affiliated Lender or any Debt Fund Affiliate) or any of their respective Affiliates shallevent be considered an Affiliate of the Borrower or any Subsidiary thereof.of its Subsidiaries.

Affiliatemeans, as appliedshall mean, with respect to any Person, any other Person directly or indirectly Controlling, Controlledcontrolling, controlled by, or under direct or indirect common Controlcontrol with, thatsuch Person. NoA Person shall be an “Affiliatedeemed to control another Person if such Person possesses, directly or indirectly, the power to direct or cause the direction of the Borrowermanagement and policies of such other Person, whether through the ownership of voting securities, by contract or any Subsidiary thereof solely because it is an unrelated portfolio company of any Sponsor and none ofotherwise; provided, however, that neither the Agents,Administrative Agent nor any Lender (other than(nor any Affiliated Lender or any Debt Fund Affiliate) or any of their respective AffiliatesAffiliate thereof) shall be considered an Affiliate of theLead Borrower or any Subsidiary thereof.thereof as a result of this Agreement, the extensions of credit hereunder or its actions in connection therewith.

Affiliate” means, as applied to any Person, any other Person that, directly or indirectly Controlling,# owns more than ten percent (10%) of the capital or profits of such Person or in which such Person owns, directly or indirectly, more than ten percent (10%) or # is in Control of, is Controlled by,by or is under common Control with, thatsuch Person. No PersonIn no event shall the Agent or the Lender be an “Affiliate” of the Borrower or any Subsidiary thereof solely because it is an unrelated portfolio company of any Sponsor and none of the Agents, any Lender (other than any Affiliated Lender or any Debt Fund Affiliate) or any of their respective Affiliates shalldeemed to be considered an Affiliate of the Borrower or any Subsidiary thereof.Borrower.

Affiliate” means, as appliedwith respect to any Person, any otheranother Person that directly or indirectly Controlling,through one or more intermediaries, Controls or is Controlled by,by or is under common Control with, that Person. Nowith the Person shall be an “Affiliatespecified. For the avoidance of the Borrower or any Subsidiary thereof solely because it is an unrelated portfolio company of any Sponsor anddoubt, none of the Agents, any Lender (other than any Affiliated LenderArrangers, the Agents or their respective lending affiliates or any Debt Fund Affiliate)entity acting as an Issuer hereunder shall be deemed to be an Affiliate of Holdings, the or any of their respective Affiliates shall be considered an Affiliate of the Borrower or any Subsidiary thereof.Subsidiaries.

Affiliate” means, as appliedwith respect to a specified Person at any Person, any othertime, another Person directlythat directly, or indirectly Controlling,through one or more intermediaries, Controls or is Controlled by,by or is under common Control with,with the Person specified at such time. Anything herein to the contrary notwithstanding, the term “Affiliate” shall not include any Person that Person. No Personconstitutes an Investment held by any Obligor or Financing Subsidiary in the ordinary course of business; provided that the term “Affiliate shall be an “Affiliate” of the Borrower orinclude any Subsidiary thereof solely because it is an unrelated portfolio company of any Sponsor and none of the Agents, any Lender (other than any Affiliated Lender or any Debt Fund Affiliate) or any of their respective Affiliates shall be considered an Affiliate of the Borrower or any Subsidiary thereof.Financing Subsidiary.

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