Common use of Amendment or Repeal Clause in Contracts

Amendment or Repeal. Any right to indemnification or to advancement of expenses of any Covered Person arising hereunder shall not be eliminated or impaired by an amendment to or repeal of these bylaws after the occurrence of the act or omission that is the subject of the civil, criminal, administrative or investigative action, suit or proceeding for which indemnification or advancement of expenses is sought.

Appears in 7 contracts

Samples: Merger Agreement (Amneal Pharmaceuticals, Inc.), Merger Agreement (ZoomInfo Technologies Inc.), Merger Agreement (Cas Medical Systems Inc)

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Amendment or Repeal. Any right to indemnification or to advancement of expenses of any Covered Person arising hereunder shall not be eliminated or impaired by an amendment to or repeal of these bylaws Bylaws after the occurrence of the act or omission that is the subject of the civil, criminal, administrative or investigative action, suit or proceeding for which indemnification or advancement of expenses is sought.

Appears in 4 contracts

Samples: Merger Agreement (WillScot Corp), Merger Agreement (Mobile Mini Inc), Merger Agreement (Merck & Co., Inc.)

Amendment or Repeal. Any right to indemnification or to advancement of expenses of any Covered Person arising hereunder shall not be eliminated or impaired by an amendment to or repeal of these bylaws Bylaws or an amendment to the Certificate of Incorporation after the occurrence of the act or omission that is the subject of the civil, criminal, administrative or investigative action, suit or proceeding for which indemnification or advancement of expenses is sought.

Appears in 2 contracts

Samples: Merger Agreement (Foresight Acquisition Corp.), Business Combination Agreement (Ascendant Digital Acquisition Corp.)

Amendment or Repeal. Any A right to indemnification or to advancement of expenses arising under a provision of any Covered Person arising hereunder the Certificate of Incorporation or Bylaws shall not be eliminated or impaired by an amendment to or repeal of these bylaws such provision after the occurrence of the act or omission that is the subject of the civil, criminal, administrative or investigative action, suit or proceeding for which indemnification or advancement of expenses is sought, unless the provision in effect at the time of such act or omission explicitly authorizes such elimination or impairment after such action or omission has occurred.

Appears in 1 contract

Samples: Merger Agreement (Repros Therapeutics Inc.)

Amendment or Repeal. Any right to indemnification or to advancement of expenses of any Covered Person person arising hereunder shall not be eliminated or impaired by an amendment to or repeal of these bylaws Bylaws after the occurrence of the act or omission that is the subject of the civil, criminal, administrative or investigative action, suit or proceeding for which indemnification or advancement of expenses is sought.

Appears in 1 contract

Samples: Merger Agreement (Cogentix Medical Inc /De/)

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Amendment or Repeal. Any right to indemnification or to advancement of expenses of any Covered Person arising hereunder shall not be eliminated or impaired by an amendment to or repeal of these bylaws By-Laws after the occurrence of the act or omission that is the subject of the civil, criminal, administrative or investigative action, suit or proceeding for which indemnification or advancement of expenses is sought.

Appears in 1 contract

Samples: Merger Agreement (CIFC Corp.)

Amendment or Repeal. Any right to indemnification or to advancement of expenses of any Covered Person director or officer arising hereunder shall not be eliminated or impaired by an amendment to or repeal of these bylaws by-laws after the occurrence of the act or omission that is the subject of the civil, criminal, administrative or investigative action, suit or proceeding for which indemnification or advancement of expenses is sought.

Appears in 1 contract

Samples: Transaction Agreement (Advanced Emissions Solutions, Inc.)

Amendment or Repeal. Any right to indemnification or to advancement of expenses of any Covered Person arising hereunder shall not be eliminated or impaired by an amendment to or repeal of these bylaws Bylaws after the occurrence of the act or omission that is the subject of the civil, criminal, administrative or investigative action, suit or proceeding for which indemnification or advancement of expenses is sought.

Appears in 1 contract

Samples: Stockholders Agreement (Funko, Inc.)

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