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[The Viewpoint] Pitfalls of Expansive Definitions of “Affiliate”

In agreements drawn up for transactions, certain rights and obligations pertain to “Affiliates” of the parties to the arrangement. Some of the pertinent provisions include:

(a) The parties may freely transfer their shares or rights to affiliates, without being subject to lock-ins, consent requirements or other transfer restrictions;

(b) The parties may subscribe to further issuances of shares through affiliates; and

(c) The parties may be restricted from engaging in competing businesses through affiliates.

Source: Barandbench

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