Claims by Indemnitee. With respect to any claim (whether an original claim, counterclaim, cross-claim or third-party claim) brought or made by Indemnitee in a Proceeding, unless the bringing or making of such claim shall have been approved or ratified by the Board; provided, however, that the foregoing shall not apply to any claims brought or made by Indemnitee to enforce Indemnitee’s rights hereunder.
Appears in 5 contracts
Samples: Indemnification Agreement (Tim Hortons Inc.), Indemnification Agreement (Tim Hortons Inc.), Indemnification Agreement (Tim Hortons Inc.)
Claims by Indemnitee. With respect to any claim (whether an original claim, counterclaim, cross-claim or third-party claim) brought or made by Indemnitee in a Proceeding, unless the bringing or making of such claim shall have been approved or ratified by the Board; provided, however, that the foregoing shall not apply to any claims brought or made by Indemnitee to enforce Indemnitee’s 's rights hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Wendys International Inc)
