Company Bound. If a determination shall have been made or deemed to have been made pursuant to Section 7 of this Agreement that Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration absent (i) a misstatement by Indemnitee of a material fact, or an omission of a material fact necessary to make Indemnitee’s statement not materially misleading in connection with the request for indemnification or (ii) a prohibition of such indemnification under applicable law.
Appears in 12 contracts
Samples: Indemnification Agreement (Sucampo Pharmaceuticals, Inc.), Indemnification Agreement (Sucampo Pharmaceuticals, Inc.), Indemnification Agreement (Sucampo Pharmaceuticals, Inc.)
Company Bound. If a determination shall have been made or deemed to have been made pursuant to Section 7 Article VI of this Agreement that Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration absent (i) a misstatement by Indemnitee of a material fact, or an omission of a material fact necessary to make Indemnitee’s statement not materially misleading misleading, in connection with the request for indemnification indemnification, or (ii) a prohibition of such indemnification under applicable law.
Appears in 6 contracts
Samples: Indemnification Agreement (Colgate Palmolive Co), Indemnification Agreement (Colgate Palmolive Co), Indemnification Agreement (Southwest Casino Corp)
Company Bound. If a determination shall have been made or deemed to have been made pursuant to Section 7 Article VI of this the Agreement that Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration absent (i) a misstatement by Indemnitee of a material fact, fact or an omission of a material fact necessary to make Indemnitee’s ’ s statement not materially misleading misleading, in connection with the request for indemnification indemnification, or (ii) a prohibition of such indemnification under applicable law.
Appears in 5 contracts
Samples: Indemnification Agreement (Eightco Holdings Inc.), Indemnification Agreement (Global Technologies LTD), Indemnification Agreement (Cryptyde, Inc.)
Company Bound. If a determination shall have has been made or is deemed to have been made pursuant to Section 7 6 of this Agreement that the Indemnitee is entitled to indemnification, the Company shall will be bound by such determination in any judicial proceeding or arbitration absent (i) a misstatement by the Indemnitee of a material fact, or an omission of a material fact necessary to make the Indemnitee’s 's statement not materially misleading misleading, in connection with the request for indemnification indemnification, or (ii) a prohibition of such indemnification under applicable law.
Appears in 5 contracts
Samples: Indemnification Agreement (Tricord Systems Inc /De/), Indemnification Agreement (Troy Group Inc), Indemnification Agreement (Troy Group Inc)
Company Bound. If a determination shall have been made or deemed to have been made pursuant to Section 7 Article VI of this Agreement that Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration absent (i) a misstatement by Indemnitee of a material fact, fact or an omission of a material fact necessary to make Indemnitee’s 's statement not materially misleading misleading, in connection with the request for indemnification indemnification, or (ii) a prohibition of such indemnification under applicable law.
Appears in 4 contracts
Samples: Indemnification Agreement (Ceridian Corp), Indemnification Agreement (Ceridian Corp /De/), Indemnification Agreement (Ceridian Corp /De/)
Company Bound. If a determination shall have been made or deemed to have been made pursuant to Section 7 Article VI of this Agreement that Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration absent (i) a misstatement by Indemnitee of a material fact, or an any omission of a material fact necessary to make Indemnitee’s statement not materially misleading misleading, in connection with the Indemnitee’s request for indemnification indemnification, or (ii) a prohibition of such indemnification under applicable law.
Appears in 3 contracts
Samples: Indemnification Agreement (Transwitch Corp /De), Form of Indemnification Agreement (Transwitch Corp /De), Indemnification Agreement (Hologic Inc)
Company Bound. If a determination shall have been made or deemed to have been made pursuant to Section 7 Article VI of this Agreement that Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration absent (i) a misstatement by Indemnitee of a material fact, or an any omission of a material fact necessary to make Indemnitee’s 's statement not materially misleading misleading, in connection with the request for indemnification indemnification, or (ii) a prohibition of such indemnification under applicable law.
Appears in 3 contracts
Samples: Indemnification and Founders Agreement (Aerobic Creations, Inc.), Director and Founders Agreement (Aerobic Creations, Inc.), Indemnification Contract (Consygen Inc)
Company Bound. If a determination shall have been made or deemed to have been made pursuant to Section 7 Article VI of this the Agreement that Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration absent (i) a material misstatement by Indemnitee of a material fact, fact or an omission of a material fact necessary to make Indemnitee’s statement not materially misleading misleading, in connection with the request for indemnification indemnification, or (ii) a prohibition of such indemnification under applicable law.
Appears in 2 contracts
Samples: Indemnification Agreement (Welsbach Technology Metals Acquisition Corp.), Indemnification Agreement (Snap Interactive, Inc)
Company Bound. If a determination shall have been made or deemed to have been made pursuant to Section 7 Article VI of this the Agreement that Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration absent (i) a misstatement by Indemnitee of a material fact, fact or an omission of a material fact necessary to make Indemnitee’s statement not materially misleading misleading, in connection with the request for indemnification indemnification, or (ii) a prohibition of such indemnification under applicable law.
Appears in 2 contracts
Company Bound. If a determination shall have been made or deemed to have been made pursuant to Section 7 Article VI of this Agreement that Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration absent absent: (i) a misstatement by Indemnitee of a material fact, or an any omission of a material fact necessary to make Indemnitee’s statement not materially misleading misleading, in connection with the request for indemnification indemnification; or (ii) a prohibition of such indemnification under applicable law.
Appears in 2 contracts
Samples: Indemnification Agreement (Natural Health Trends Corp), Indemnification Agreement (Sinohub, Inc.)
Company Bound. If a determination shall have been made or deemed to have been made pursuant to Section 7 6 of this Agreement that Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration absent (i) a misstatement by Indemnitee of a material fact, or an omission of a material fact necessary to make Indemnitee’s statement not materially misleading misleading, in connection with the request for indemnification or (ii) a prohibition of such indemnification under applicable law.
Appears in 2 contracts
Samples: Indemnification Agreement (Restore Medical, Inc.), Indemnification Agreement (EnteroMedics Inc)
Company Bound. If a determination shall have been made or deemed to have been made pursuant to Section 7 Article VI of this Agreement that Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration absent (i) a misstatement by Indemnitee of a material fact, or an omission of a material fact necessary to make Indemnitee’s 's statement not materially misleading misleading, in connection with the request for indemnification indemnification, or (ii) a prohibition of such indemnification under applicable law.
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Company Bound. If a determination shall have been made or deemed to ------------- have been made pursuant to Section 7 Article VI of this Agreement that Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration absent (i) a misstatement by Indemnitee of a material fact, or an any omission of a material fact necessary to make Indemnitee’s 's statement not materially misleading misleading, in connection with the Indemnitee's request for indemnification indemnification, or (ii) a prohibition of such indemnification under applicable law.
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Company Bound. If a determination shall have been made or deemed to have been made pursuant to Section 7 of this Agreement that Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration absent (i) a misstatement by Indemnitee of a material fact, or an omission of a material fact necessary to make Indemnitee’s statement not materially misleading in connection Sucampo Pharmaceuticals, Inc. 11 Director Indemnification Letter with the request for indemnification or (ii) a prohibition of such indemnification under applicable law.
Appears in 1 contract
Samples: Indemnification Agreement (Sucampo Pharmaceuticals, Inc.)
Company Bound. If a determination shall have been made or deemed to have been made pursuant to Section 7 6 of this Agreement that Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration absent (i) a misstatement by Indemnitee of a material fact, or an any omission of a material fact necessary to make Indemnitee’s statement not materially misleading misleading, in connection with the Indemnitee’s request for indemnification indemnification, or (ii) a prohibition of such indemnification under applicable law.
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Company Bound. If a determination shall have been made or deemed to have been made pursuant to Section 7 6 of this Agreement that Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration absent (i) a misstatement by Indemnitee of a material fact, or an omission of a material fact necessary to make Indemnitee’s 's statement not materially misleading misleading, in connection with the request for indemnification or (ii) a prohibition of such indemnification under applicable law.
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Company Bound. If a determination shall have been made or deemed to have been made pursuant to Section 7 Article VI of this Agreement that Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration absent absent: (i) a misstatement by Indemnitee of a material fact, or an any omission of a material fact necessary to make Indemnitee’s 's statement not materially misleading misleading, in connection with the request for indemnification indemnification; or (ii) a prohibition of such indemnification under applicable law.
Appears in 1 contract
Samples: Indemnification Agreement (Natural Health Trends Corp)
Company Bound. If a determination shall have been made or deemed to have been made pursuant to Section 7 Article VI of this Agreement that Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration absent (i) a misstatement by Indemnitee of a material fact, fact or an omission of a material fact necessary to make Indemnitee’s statement not materially misleading misleading, in connection with the request for indemnification indemnification, or (ii) a prohibition of such indemnification under applicable law.
Appears in 1 contract
Samples: Indemnification Agreement (Comdata Network, Inc. Of California)
Company Bound. If a determination shall have been made or be deemed to have been made pursuant to Section 7 of this Agreement that Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration absent (i) a misstatement by Indemnitee of a material fact, or an omission of a material fact necessary to make Indemnitee’s statement not materially misleading misleading, in connection with the request for indemnification indemnification, or (ii) a prohibition of such indemnification under applicable law.
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Company Bound. If a determination shall have has been made or is deemed to have been made pursuant to Section 7 6 of this Agreement that the Indemnitee is entitled to indemnification, the Company shall will be bound by such determination in any judicial proceeding or arbitration absent (i) a misstatement by the Indemnitee of a material fact, or an omission of a material fact necessary to make the Indemnitee’s 's statement not materially misleading misleading, in connection with the request for indemnification indemnification, or (ii) a prohibition of such indemnification under applicable law.. (e)
Appears in 1 contract
Samples: Form of Indemnification Agreement (Fargo Electronics Inc)
Company Bound. If a determination shall have been made or deemed to have been made pursuant to Section 7 Article VI of this the Agreement that Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration absent (i) a misstatement by Indemnitee of a material fact, fact or an omission of a material fact necessary to make Indemnitee’s statement not materially misleading misleading, in connection with the request for indemnification indemnification, or (ii) a prohibition of such indemnification under applicable law.. 24509257.1
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Company Bound. If a determination shall have been made or deemed to have been made pursuant to Section 7 Article VI of this Agreement that Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration absent (i) a misstatement by Indemnitee of a material fact, or an any omission of a material fact necessary to make Indemnitee’s statement not materially misleading misleading, in connection with the request for indemnification indemnification, or (ii) a prohibition of such indemnification under applicable law.
Appears in 1 contract
Samples: Indemnification Agreement (Intellect Neurosciences, Inc.)
Company Bound. If a determination shall have been made or be deemed to have been made pursuant to Section 7 of this Agreement that Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration absent (i) a misstatement by Indemnitee of a material fact, or an omission of a material fact necessary to make Indemnitee’s 's statement not materially misleading misleading, in connection with the request for indemnification indemnification, or (ii) a prohibition of such indemnification under applicable law.
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Company Bound. If a determination shall have been made or deemed to have been made pursuant to Section 7 of this Agreement that Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration absent (i) a misstatement by Indemnitee of a material fact, or an omission of a material fact necessary to make Indemnitee’s statement not materially misleading misleading, in connection with the request for indemnification or (ii) a prohibition of such indemnification under applicable law.
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Company Bound. If a determination shall have been made or deemed to have been made pursuant to Section 7 Article V of this Agreement that Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration absent (i) a misstatement by Indemnitee of a material fact, or an omission of a material fact necessary to make Indemnitee’s 's statement not materially misleading misleading, in connection with the request for indemnification indemnification, or (ii) a prohibition of such indemnification under applicable law.
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Company Bound. If a determination shall have been made or deemed to have been made pursuant to Section 7 ARTICLE V of this Agreement that the Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration absent (i) a misstatement by the Indemnitee of a material fact, or an omission of a material fact necessary to make the Indemnitee’s 's statement not materially misleading misleading, in connection with the request for indemnification or (ii) a prohibition of such indemnification under applicable law.
Appears in 1 contract
