"Affiliate" means, with respect to any Entity, any Entity that, directly or indirectly through one or more intermediaries, controls, is controlled by or under common control with, such Entity.

“Disregarded Entity” means an entity that, pursuant to Treas. Reg. § 301.7701-2(c)(2), is disregarded for U.S. federal income Tax purposes as an entity separate from its owner.

Section #20Covered Entity. No Borrower nor any of its Subsidiaries is a Covered Entity.

“Pro Forma Entity” means any Acquired Entity or Business or any Converted Restricted Subsidiary.

Definitions. “Company Entity” means the Company and any of its affiliates or subsidiaries for which Executive provides services or about which Executive receives Proprietary Information. “Customer” means a person or entity doing business with a Company Entity and with whom/which Executive has had business-related contact on behalf of a Company Entity or about whom/which Executive obtains Proprietary Information through her employment with the Company. A “Competing Business” is a person or entity that is in the business of auctioning, processing, buying, or selling used or salvage vehicles, or otherwise provides products or services that would displace any products or services of a Company Entity. “Disparage” means any negative statement, whether written or oral, about any Company Entity or any Company Entity directors, officers, employees, products or services.

on behalf of the Entity and constitutes a legal and binding obligation of the Entity.

entity, whether such entity conducts a business which is competitive with the business of Employer

“Affiliated Entity” means any entity controlled by, controlling or under common control with the Company.

The Borrower will cause each Warehouse Facility Entity and each Securitization Entity to satisfy in all material respects each applicable covenant in any Warehouse Facility Documentation or Securitization Facility Documentation. Neither the Borrower nor any of the Restricted Subsidiaries shall take any action, or conduct its affairs in a manner, which is likely to result in the separate legal existence of any Warehouse Facility Entity or Securitization Entity being ignored, or in the assets and liabilities of any Warehouse Facility Entity or Securitization Entity being substantively consolidated with those of any other Person in a bankruptcy, reorganization or other insolvency proceeding.

The Consolidated Entity hereby waives acceptance by the Administrative Agent and the Lenders of the guaranty by the Consolidated Entity under [Article XI] of the Loan Agreement upon the execution of this Agreement by the Consolidated Entity.