Aggregation of Units Clause Samples
The Aggregation of Units clause defines how multiple units, such as shipments, deliveries, or lots, are treated collectively under a contract. In practice, this clause may specify that all units delivered within a certain timeframe or under a single order are considered as one for purposes like calculating liability, applying warranties, or determining performance standards. Its core function is to provide clarity and consistency in how obligations and rights are measured when dealing with multiple units, thereby preventing disputes over whether each unit should be considered separately or together.
Aggregation of Units. All Units held or acquired by Persons who are Affiliates of one another shall be aggregated together for the purpose of determining the availability of any rights under this Agreement.
Aggregation of Units. All Registrable Securities held or acquired by Affiliates shall be aggregated together for the purpose of determining the availability of any rights under this Agreement and such Affiliated persons may apportion such rights as among themselves in any manner they deem appropriate.
Aggregation of Units. All Units held by an Investor and its Affiliates shall be aggregated together for purposes of determining the availability of any rights under this Agreement. “Affiliate” means, with respect to any Person, any other Person who, directly or indirectly, controls such first Person or is controlled by said Person or is under common control with said Person, where “control” means power and ability to direct, directly or indirectly, or share equally in or cause the direction of, the management and/or policies of a Person, whether through ownership of voting shares or other equivalent interests of the controlled Person, by contract (including proxy) or otherwise.
Aggregation of Units. If after the date hereof, and subject to the provisions of Section 3.6 hereof, the number of issued and outstanding Intermediate Common Units is decreased by a consolidation, combination, reverse unit sub-division or reclassification of Intermediate Common Units or other similar event, then, on the effective date of such consolidation, combination, reverse unit sub-division, reclassification or similar event, the number of Intermediate Common Units issuable on exercise of each Warrant shall be decreased in proportion to such decrease in issued and outstanding Intermediate Common Units.
Aggregation of Units. All LLC Units held or acquired by a Member and its Affiliates shall be aggregated together for purposes of determining the rights or obligations of a Member, or application of any restrictions to a Member, or reference to its LLC Units under this Agreement, in each instance in which such right, obligation or restriction is determined by any ownership threshold.
Aggregation of Units. All Company Group Equity Securities beneficially owned by (a) the SCP Investor and its Permitted Transferees shall be aggregated together and (b) the Sponsor Fund, any Co-Invest HoldCo and their Affiliates shall be aggregated together, in each case for purposes of determining the rights or obligations of the SCP Investor or the Sponsor Fund, respectively, or the application of any restrictions to the SCP Investor or the Sponsor Fund, respectively, under this Agreement in each instance in which such right, obligation or restriction is determined in respect of or with reference to any Percentage Interest or ownership of Company Group Equity Securities, including in connection with any right pursuant to Article IV. All rights held by the SCP Investor, its Affiliates or their respective Permitted Transferees under this Agreement shall be exercised solely by the SCP Investor.
Aggregation of Units. All Units held or acquired by affiliates (as defined in Rule 405 under the Securities Act of 1933, as amended) shall be aggregated together for purposes of determining the availability of any rights under this Agreement.
Aggregation of Units. All Company Group Equity Securities beneficially owned by (a) the ABRY Investors and their Permitted Transferees shall be aggregated together and (b) the Sponsor Fund, any Co-Invest HoldCo and their Affiliates shall be aggregated together, in each case, for purposes of determining the rights or obligations of the ABRY Investors or the Sponsor Fund, respectively, or the application of any restrictions to the ABRY Investors or the Sponsor Fund, respectively, under this Agreement in each instance in which such right, obligation or restriction is determined in respect of or with reference to any Percentage Interest or ownership of Company Group Equity Securities, including in connection with any rights pursuant to Article IV. All rights held by the ABRY Investors, their Affiliates or their Permitted Transferees under this Agreement shall be exercised solely by the ABRY Investors.
Aggregation of Units. Except as otherwise provided herein, all Membership Units held or acquired by a Member and its Affiliates shall be aggregated together for purposes of determining the rights or obligations of a Member, or application of any restrictions to a Member, or reference to its Membership Units under this Agreement, in each instance in which such right, obligation or restriction is determined by any ownership threshold. Section 13.15
Aggregation of Units. For purposes of determining whether a new unit passes the Normal Cost Ratio Test, the Trustees in their sole discretion may aggregate employee data for that unit with the employee data for all other new units outside the West from the same employer that are presented for acceptance within the same 12-month period. The new unit passes the Normal Cost Ratio Test if the Trustees are satisfied, based on their review of the actuarial evaluation of the employee data for all aggregated units, that the ratio of the unit credit normal cost for the aggregated units to the net expected Employer Contributions for those units will not exceed 80%. For purposes of paragraph 3.c., the Trustees may only aggregate new units of an employer that are eligible new units.