Article Not Exclusive. The rights to indemnification and the payment of expenses incurred in defending a proceeding in advance of its final disposition conferred in this Section 4.3 shall not be exclusive of any other right which any person may have or hereafter acquire under any statute, provision of the Company’s certificate of formation, agreement, vote of unitholders or disinterested directors or otherwise.
Appears in 13 contracts
Samples: Limited Liability Company Agreement (Grede Wisconsin Subsidiaries LLC), Limited Liability Company Agreement (Grede Wisconsin Subsidiaries LLC), Limited Liability Company Agreement (Grede Wisconsin Subsidiaries LLC)
Article Not Exclusive. The rights to indemnification and the payment of expenses incurred in defending a proceeding in advance of its final disposition conferred in this Section 4.3 Article V shall not be exclusive of any other right which any person may have or hereafter acquire under any statute, provision of or the Company’s certificate of formationincorporation, bylaw, agreement, vote of unitholders stockholders or disinterested directors or otherwise.
Appears in 5 contracts
Samples: Severance Agreement (Payless Cashways Inc), Settlement Agreement (Payless Cashways Inc), Severance Agreement (Payless Cashways Inc)
Article Not Exclusive. The rights to indemnification and the payment of expenses incurred in defending a proceeding in advance of its final disposition conferred in this Section 4.3 Article V shall not be exclusive of any other right which any person may have or hereafter acquire under any statute, provision of the Company’s certificate of formationincorporation, by-law, agreement, vote of unitholders stockholders or disinterested directors or otherwise.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Xpedx Holding Co), Agreement and Plan of Merger (Xpedx Holding Co), Plan and Agreement (Gundle SLT Environmental Inc)
Article Not Exclusive. The rights to indemnification and the payment of expenses incurred in defending a proceeding in advance of its final disposition conferred in this Section 4.3 Article V shall not be exclusive of any other right which any person (and his heirs, executors and administrators) may have or hereafter acquire under any statute, provision of the Company’s certificate of formationincorporation, by-law, agreement, insurance, purchased by the corporation or otherwise, vote of unitholders stockholders or disinterested directors or otherwise.
Appears in 2 contracts
Samples: Option Holder Acknowledgement Agreement (Goodys Family Clothing Inc /Tn), Option Holder Acknowledgement Agreement (Goodys Family Clothing Inc /Tn)
Article Not Exclusive. The rights to indemnification and the payment of expenses Expenses incurred in defending a proceeding Proceeding in advance of its final disposition conferred in this Section 4.3 Article V shall not be exclusive of any other right which any person may have or hereafter acquire under any statute, provision of the Company’s certificate Certificate, provisions of formationthese Bylaws, agreement, vote of unitholders stockholders or disinterested directors or otherwise.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Pacira BioSciences, Inc.), Agreement and Plan of Merger (Flexion Therapeutics Inc)
Article Not Exclusive. The rights to indemnification and the payment of expenses incurred in defending a proceeding in advance of its final disposition conferred in this Section 4.3 Article IV shall not be exclusive of any other right which any person may have or hereafter acquire under any statute, provision of the Company’s certificate of formationCertificate, this Agreement, agreement, vote of unitholders the Member or disinterested directors Managers or otherwise.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Great Lakes Dredge & Dock Environmental, Inc), Limited Liability Company Agreement (NASDI Holdings Corp)
Article Not Exclusive. The rights to indemnification and the payment of expenses incurred in defending a proceeding in advance of its final disposition conferred in this Section 4.3 Article 4 shall not be exclusive of any other right which any person may have or hereafter acquire under any statute, provision of the Company’s certificate of formationincorporation, agreement, vote of unitholders stockholders or disinterested directors directors, or otherwise.
Appears in 1 contract
Samples: Agreement and Plan of Merger