Common use of Amendments to Indemnification Rights Clause in Contracts

Amendments to Indemnification Rights. The Company shall not adopt any amendment to its Governing Instruments, the effect of which would be to deny, diminish or encumber Indemnitee’s rights to indemnity pursuant to the Governing Instruments, the DGCL or any other applicable law as applied to any act or failure to act occurring in whole or in part prior to the date (the “Effective Date”) upon which the amendment was approved by the Board of Directors. In the event that the Company shall adopt any amendment to its Governing Instruments the effect of which is to change Indemnitee’s rights to indemnity under such instruments, such amendment shall apply only to acts or failures to act occurring entirely after the Effective Date thereof. The Company shall give written notice to Indemnitee of any proposal with respect to any such amendment no later than the date such amendment is first presented to the Board of Directors (or any committee thereof) for consideration, and shall provide a copy of any such amendment to Indemnitee promptly after its adoption.

Appears in 6 contracts

Samples: Form of Indemnification Agreement (Chindex International Inc), Indemnification Agreement (Thestreet, Inc.), Indemnification Agreement (Martha Stewart Living Omnimedia Inc)

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Amendments to Indemnification Rights. The Company shall not adopt any amendment to its Governing Instruments, Charter or By-Laws the effect of which would be to deny, diminish or encumber Indemnitee’s rights to indemnity indemnify pursuant to the Governing InstrumentsCharter, By-Laws, the DGCL laws of Connecticut or any other applicable law as applied to any act or failure to act occurring in whole or in part prior to the date (the “Effective Date”) upon which the amendment was approved by the Company’s Board of DirectorsDirectors or shareholders, as the case may be. In the event that the Company shall adopt any amendment to its Governing Instruments the Charter or By-Laws the effect of which is to change Indemnitee’s rights to indemnity under such instruments, such amendment shall apply only to acts or failures to act occurring entirely after the Effective Date thereof. The Company shall give written notice to Indemnitee of any proposal with respect to any such amendment no later than the date such amendment is first presented to the Board of Directors (or any committee thereof) for consideration, and shall provide a copy of any such amendment to Indemnitee promptly after its adoption.

Appears in 2 contracts

Samples: Indemnification Agreement (Bankwell Financial Group, Inc.), Indemnification Agreement (Bankwell Financial Group, Inc.)

Amendments to Indemnification Rights. The Company shall not adopt any amendment to its Governing Instruments, the effect of which would be to deny, diminish or encumber Indemnitee’s 's rights to indemnity pursuant to the Governing Instruments, the DGCL or any other applicable law as applied to any act or failure to act occurring in whole or in part prior to the date (the "Effective Date") upon which the amendment was approved by the Board of Directors. In the event that the Company shall adopt any amendment to its Governing Instruments the effect of which is to change Indemnitee’s 's rights to indemnity under such instruments, such amendment shall apply only to acts or failures to act occurring entirely after the Effective Date thereof. The Company shall give written notice to Indemnitee of any proposal with respect to any such amendment no later than the date such amendment is first presented to the Board of Directors (or any committee thereof) for consideration, and shall provide a copy of any such amendment to Indemnitee promptly after its adoption.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Burlington Coat Factory Warehouse Corp)

Amendments to Indemnification Rights. The Company shall not adopt any amendment to its Governing Instruments, Charter or By-Laws the effect of which would be to deny, diminish or encumber Indemnitee’s rights to indemnity indemnify pursuant to the Governing InstrumentsCharter, By-Laws, the DGCL laws of Delaware or any other applicable law as applied to any act or failure to act occurring in whole or in part prior to the date (the “Effective Date”) upon which the amendment was approved by the Company’s Board of DirectorsDirectors or shareholders, as the case may be. In the event that the Company shall adopt any amendment to its Governing Instruments the Charter or By-Laws the effect of which is to change Indemnitee’s rights to indemnity under such instruments, such amendment shall apply only to acts or failures to act occurring entirely after the Effective Date thereof. The Company shall give written notice to Indemnitee of any proposal with respect to any such amendment no later than the date such amendment is first presented to the Board of Directors (or any committee thereof) for consideration, and shall provide a copy of any such amendment to Indemnitee promptly after its adoption.

Appears in 1 contract

Samples: Indemnification Agreement (Newalliance Bancshares Inc)

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Amendments to Indemnification Rights. The Company shall not adopt any amendment to its Governing Instruments, the effect of which would be to deny, diminish or encumber Indemnitee’s rights to indemnity pursuant to the Governing Instruments, the DGCL PBCL or any other applicable law as applied to any act or failure to act occurring in whole or in part prior to the date (the “Effective Date”) upon which the amendment was approved by the Board of Directors. In the event that the Company shall adopt any amendment to its Governing Instruments the effect of which is to change Indemnitee’s rights to indemnity under such instruments, such amendment shall apply only to acts or failures to act occurring entirely after the Effective Date thereof. The Company shall give written notice to Indemnitee of any proposal with respect to any such amendment no later than the date such amendment is first presented to the Board of Directors (or any committee thereof) for consideration, and shall provide a copy of any such amendment to Indemnitee promptly after its adoption.

Appears in 1 contract

Samples: Form of Indemnification Agreement (North Pittsburgh Systems Inc)

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