Subject person clause samples

“Affiliate” of a Person (the “Subject Person”) means (a)in the case of a Subject Person other than a natural person, any other Person that directly or indirectly Controls, is directly or indirectly Controlled by or is under direct or indirect common Control with the Subject Person and (b)in the case of a Subject Person who is a natural person, any other Person that is directly or indirectly Controlled by the Subject Person or is a Relative of the Subject Person. In the case of the Lender, an “Affiliate” of the Lender includes (i)the investment fund that, directly or indirectly, owns the Lender, (ii)any of such investment fund’s general partners or limited partners, (iii)the fund manager managing such investment fund (and general partners, limited partners and officers thereof), (iv)the spouses, lineal descendants and heirs of individuals referred to in (ii)and (iii), (v)trusts Controlled by or for the benefit of any such individuals referred to in (ii)through (iv), (vi)another special purpose vehicle owned by such investment fund, (vii)any other investment fund managed by the fund manager referred to in (iii)or its management team, and (viii)an entity owned or managed by the management team of the fund manager referred to in (iii), and any Affiliate of such entity referred to in (i)through (viii).

“Affiliate” means, as to any Person (the “subject Person”), any other Person (a) that directly or indirectly through one or more intermediaries controls or is controlled by, or is under direct or indirect common control with, the subject Person, (b) that directly or indirectly beneficially owns or holds ten percent (10%) or more of any class of voting equity of the subject Person, or (c) ten percent (10%) or more of the voting equity of which is directly or indirectly beneficially owned or held by the subject Person. For the purposes of this definition, “control” when used with respect to any Person means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of voting securities, through representation on such Person’s board of directors or other management committee or group, by contract or otherwise.

“Affiliate” of a Person (the “Subject Person”) means (a)in the case of a Person other than a natural person, any other Person that directly or indirectly Controls, is Controlled by or is under direct or indirect common Control with the Subject Person and (b)in the case of a natural person, any other Person that is a Relative of the Subject Person or that is directly or indirectly Controlled by the Subject Person or by a Relative of the Subject Person. In the case of GS, the term “Affiliate” also includes any fund or limited partnership whose general partner, manager or advisor is The Goldman Sachs Group, Inc. or any of its Subsidiaries.