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Debt Fund Affiliate
Debt Fund Affiliate contract clause examples
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Affiliate. The meaning assigned to the term “affiliate” under Rule 12b-2 of the Act.

Affiliate”. Affiliate means any Person directly or indirectly controlled by, controlling or under common control with, a Party, but only for so long as such control shall continue. For purposes of this definition, “control” (including, with correlative meanings, “controlled by”, “controlling” and “under common control with”) means, with respect to a Person, possession, direct or indirect, of # the power to direct or cause direction of the management and policies of such Person (whether through ownership of securities or partnership or other ownership interests, by board representation, by contract or otherwise), or # at least fifty percent (50%) of the voting securities (whether directly or pursuant to any option, warrant or other similar arrangement) or other comparable equity interests. For the avoidance of doubt, neither of the Parties shall be deemed to be an “Affiliate” of the other.

Affiliate. Affiliate means a corporation, trade or business that, together with the Company, is treated as a single employer under Code [Section 414(b) or (c)])].

Affiliate. “Affiliate” means the Company and any other parent or subsidiary corporation of the Company, as such terms are defined in [Section 424(e) and (1)])] of the Code.

Affiliate. An “Affiliate” means # any entity that controls, is controlled by, or is under common control with Tenant, # any successor to Tenant by merger, consolidation or operation of law, # any entity to whom all of substantially all of Tenant’s assets or stock are conveyed; and # any entity with whom Tenant is undertaking or will undertake a joint venture or similar joint research and development, marketing, distribution, sales or development project at the premises. "Control" means the direct or indirect ownership of more than fifty percent (50%) of the voting securities of an entity or possession of the right to vote more than fifty percent (50%) of the voting interest in the ordinary direction of the entity's affairs. Landlord shall not be entitled to terminate the Lease due to a Permitted Transfer.

Affiliate. A corporation or other entity that, directly or through one or more intermediaries, controls, is controlled by or is under common control with, the Company. For purposes of an Incentive Stock Option, “Affiliate,” refers to a “parent corporation” or “subsidiary corporation” within the meaning of Treasury Regulations under Section 424 of the Code.

Affiliate. An Affiliate is # any member of a “controlled group of corporations” (within the meaning of Section 414(b) of the Code as modified by Section 415(h) of the Code) that includes Insight Enterprises, Inc. as a member of the group; and # any member of a group of trades or businesses under common control (within the meaning of Section 414(c) of the Code as modified by Section 415(h) of the Code) that includes Insight Enterprises, Inc. as a member of the group.

Affiliate. Any entity that controls, is controlled by, or is under common control with the Company.

Debt Fund Affiliate” means # any fund managed by, or under common management with GSO Capital Partners LP and Blackstone Tactical Opportunities Fund L.P., # any fund managed by GSO Debt Funds Management LLC, Blackstone Debt Advisors L.P., Blackstone Distressed Securities Advisors L.P., Blackstone Mezzanine Advisors L.P. or Blackstone Mezzanine Advisors II L.P., and # any other Affiliate of the Investors or Holdings that is a bona fide debt fund or an investment vehicle that is engaged in the making, purchasing, holding or otherwise investing in commercial loans, bonds and similar extensions of credit in the ordinary course.

(A) for purposes of any consent to any amendment, waiver or modification of, or any action under, and for the purpose of any direction to the Administrative Agent or any Lender to undertake any action (or refrain from taking any action) under, this Agreement or any other Loan Document, each Non-Debt Fund Affiliate will be deemed to have consented in the same proportion as the Term Lenders that are not Non-Debt Fund Affiliates consented to such matter, unless such matter requires the consent of all or all affected Lenders and adversely affects such Non-Debt Fund Affiliate more than other Term Lenders in any material respect, # for purposes of voting on any plan of reorganization or plan of liquidation pursuant to any Debtor Relief Laws (a “Plan”), each Non-Debt Fund Affiliate hereby agrees # not to vote on such Plan, # if such Non-Debt Fund Affiliate does vote on such Plan notwithstanding the restriction in the [foregoing clause (x)], such vote will be deemed not to be in good faith and shall be “designated” pursuant to Section 1126(e) of the Bankruptcy Code (or any similar provision in any other Debtor Relief Laws), and such vote shall not be counted in determining whether the applicable class has accepted or rejected such Plan in accordance with Section 1126(c) of the Bankruptcy Code (or any similar provision in any other Debtor Relief Laws) and # not to contest any request by any party for a determination by the bankruptcy court (or other applicable court of competent jurisdiction) effectuating the [foregoing clause (y)], in each case under this clause (iii)(B) unless such Plan adversely affects such Non-Debt Fund Affiliate more than other Term Lenders in any material respect, and # each Non-Debt Fund Affiliate hereby irrevocably appoints the Administrative Agent (such appointment being coupled with an interest) as such Non-Debt Fund Affiliate’s attorney-in-fact, with full authority in the place and stead of such Non-Debt Fund Affiliate and in the name of such Non-Debt Fund Affiliate (solely in respect of the Term Loan (or any Additional Term Loan Facility) therein and not in respect of any other claim or status such Non-Debt Fund Affiliate may otherwise

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