Common use of Company Bound by Determination Favorable to Indemnitee in any Judicial Proceeding or Arbitration Clause in Contracts

Company Bound by Determination Favorable to Indemnitee in any Judicial Proceeding or Arbitration. If a determination shall have been made or deemed to have been made pursuant to Article IV that Indemnitee is entitled to indemnification, the Company shall be irrevocably bound by such determination in any judicial proceeding or arbitration commenced pursuant to this Article V, and shall be precluded from asserting that such determination has not been made or that the procedure by which such determination was made is not valid, binding and enforceable.

Appears in 52 contracts

Samples: Indemnification Agreement (Reata Pharmaceuticals Inc), Indemnification Agreement (Reata Pharmaceuticals Inc), Resources Company (Pioneer Natural Resources Co)

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Company Bound by Determination Favorable to Indemnitee in any Judicial Proceeding or Arbitration. If a determination shall have been made or deemed to have been made pursuant to Article IV V that Indemnitee is entitled to indemnification, the Company Corporation shall be irrevocably bound by such determination in any judicial proceeding or arbitration commenced pursuant to this Article VVI, and shall be precluded from asserting that such determination has absent a knowing misstatement by Indemnitee of a material fact, or a knowing omission of a material fact necessary to make a statement by Indemnitee not been made or that materially misleading, in connection with the procedure by which such determination was made is not valid, binding and enforceablerequest for indemnification.

Appears in 1 contract

Samples: Indemnity Agreement (Kinetic Concepts Inc /Tx/)

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Company Bound by Determination Favorable to Indemnitee in any Judicial Proceeding or Arbitration. If a determination shall have been made or deemed to have been made pursuant to Article IV that Indemnitee is entitled to indemnification, the Company shall be irrevocably bound by such determination in any judicial proceeding or arbitration commenced pursuant to this Article V, V and shall be precluded from asserting that such determination has not been made or that the procedure by which such determination was made is not valid, binding and enforceable.

Appears in 1 contract

Samples: Indemnification Agreement (Southwest Airlines Co)

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