Common use of Amendments to Indemnification Rights Clause in Contracts

Amendments to Indemnification Rights. The Company shall not adopt any amendment to its Restated Certificate of Incorporation, as amended (the "Certificate") or By-Laws the effect of which would be to deny, diminish or encumber Director's rights to indemnity pursuant to the Certificate, By-Laws, 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 Company's Board of Directors or stockholders, as the case may be. In the event that the Company shall adopt any amendment to the Certificate or By-Laws the effect of which is to change Director'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 Director 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 Director promptly after its adoption.

Amendments to Indemnification Rights. The Company shall not adopt any amendment to its Restated Certificate of Incorporation, as amended (the "Certificate") or By-Laws the effect of which would be to deny, diminish or encumber Officer's [Director's 's] rights to indemnity pursuant to the Certificate, By-Laws, 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 Company's Board of Directors or stockholders, as the case may be. In the event that the Company shall adopt any amendment to the Certificate or By-Laws the effect of which is to change Officer's [Director'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 Director Officer [Director] 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 Director Officer [Director] promptly after its adoption.

Amendments to Indemnification Rights. The Company shall not adopt any amendment to its Restated Certificate of Incorporation, as amended (the "Certificate") or By-Laws the effect of which would be to deny, diminish or encumber DirectorIndemnitee's rights to indemnity pursuant to the Certificate, By-Laws, 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 Company's Board of Directors or stockholders, as the case may be. In the event that the Company shall adopt any amendment to the Certificate or By-Laws the effect of which is to change DirectorIndemnitee'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 Director 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 Director Indemnitee promptly after its adoption.

Amendments to Indemnification Rights. The Company i-STAT shall not adopt any amendment to its Restated Certificate of Incorporation, as amended (the "Certificate") or By-Laws the effect of which would be to deny, diminish or encumber DirectorIndemnitee's rights to indemnity pursuant to the Certificate, By-Laws, 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 Companyi-STAT's Board of Directors or stockholders, as the case may be. In the event that the Company i-STAT shall adopt any amendment to the Certificate or By-Laws the effect of which is to change DirectorIndemnitee'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 i-STAT shall give written notice to Director 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 Director Indemnitee promptly after its adoption.

Amendments to Indemnification Rights. The Company shall not adopt any amendment to its Restated Certificate of Incorporation, as amended (the "“Certificate"”) or By-Laws the effect of which would be to deny, diminish or encumber Director's ’s rights to indemnity pursuant to the Certificate, By-Laws, 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 Company's ’s Board of Directors or stockholders, as the case may be. In the event that the Company shall adopt any amendment to the Certificate or By-Laws the effect of which is to change Director'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 Director 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 Director promptly after its adoption.

Amendments to Indemnification Rights. The Company shall not adopt any amendment to its Restated Certificate Articles of IncorporationAmendment, as amended (the "CertificateArticles") or By-Laws the effect of which would be to deny, diminish or encumber Directorthe Indemnified Party's rights to indemnity pursuant to the CertificateArticles, By-Laws, the DGCL CBCA 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 Directors or stockholdersshareholders, as the case may be. In the event that the Company shall adopt any amendment to the Certificate Articles or By-Laws the effect of which is to change Directorthe Indemnified Party'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 Director the Indemnified Party 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 Director the Indemnified Party promptly after its adoption.