Common use of Amendment of this Article Clause in Contracts

Amendment of this Article. No amendment or repeal of this Article X in accordance with Article XI shall apply to or have any effect on the liability of any Exempted Person for or with respect to any activities or opportunities of which such Exempted Person becomes aware prior to such amendment or repeal. This Article X shall not limit any protections or defenses available to, or indemnification or advancement rights of, any director or officer of the Corporation under this Second Amended and Restated Certificate, the Bylaws or applicable law.

Amendment of this Article. No amendment or repeal of this Article X in accordance with the provisions of paragraph (b) of Article XI VIII shall apply to or have any effect on the liability or alleged liability of any Exempted Person for or with respect to any activities or opportunities of which such Exempted Person becomes aware prior to such amendment or repeal. This Article X shall not limit any protections or defenses available to, or indemnification or advancement rights of, any director or officer of the Corporation under this Second Amended and Restated CertificateCertificate of Incorporation, the Bylaws Corporation’s bylaws or applicable law.

Amendment of this Article. No amendment or repeal of this Article X in accordance with the provisions of paragraph (b) of Article XI VIII shall apply to or have any effect on the liability or alleged liability of any Exempted Person for or with respect to any activities or opportunities of which such Exempted Person becomes aware prior to such amendment or repeal. This Article X shall not limit any protections or defenses available to, or indemnification or advancement rights of, any director or officer of the Corporation under this Second Amended and Restated CertificateCertificate of Incorporation, the Bylaws Corporation’s bylaws or applicable law.