Common use of Construction of Certain Phrases Clause in Contracts

Construction of Certain Phrases. For purposes of this Agreement, references to the "Company" shall include, in addition to the resulting corporation, any constituent corporation (including any constituent of a constituent) absorbed in a consolidation or merger which, if its separate existence had continued, would have had power and authority to indemnify its directors, officers, employees and/or agents, so that if Indemnitee is or was a director, officer, employee or agent of such constituent corporation, or is or was serving at the request of such constituent corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, Indemnitee shall stand in the same position under the provisions of this Agreement with respect to the resulting or surviving corporation as Indemnitee would have with respect to such constituent corporation if its separate existence had continued.

Appears in 11 contracts

Samples: Indemnification Agreement (Peoples Liberation Inc), Indemnification Agreement (Gary Player Direct Inc), Indemnification Agreement (Dental Medical Diagnostic Systems Inc)

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Construction of Certain Phrases. For purposes of this Agreement, references : (a) References to the "Company" shall include, in addition to the resulting corporation, include any entity or constituent corporation entity (including any constituent of a constituent) absorbed in a consolidation or merger which, if its separate existence had continued, would have had power and authority to indemnify its directors, trustees, officers, employees and/or or agents, so that if Indemnitee is or was a director, trustee, officer, employee or agent of such constituent corporation, or is it or was serving at the request of such constituent corporation as a director, trustee, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, Indemnitee shall stand in the same position under the provisions of this Agreement with respect to the resulting or surviving corporation entity as Indemnitee would have with respect to such constituent corporation if its separate existence had continued.

Appears in 9 contracts

Samples: Indemnification Agreement (Banyan Strategic Realty Trust), Indemnification Agreement (Banyan Strategic Realty Trust), Indemnification Agreement (Banyan Strategic Realty Trust)

Construction of Certain Phrases. For purposes of this Agreement, references to the "Company" shall include, in addition to the resulting corporationcompany, any constituent corporation company (including any constituent of a constituent) absorbed in a consolidation or merger which, if its separate existence had continued, would have had power and authority to indemnify its directors, officers, employees and/or or agents, so that if Indemnitee is or was a director, officer, employee or agent of such constituent corporationcompany, or is or was serving at the request of such constituent corporation company as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, Indemnitee shall stand in the same position under the provisions of this Agreement with respect to the resulting or surviving corporation company as Indemnitee would have with respect to such constituent corporation company if its separate existence had continued.

Appears in 5 contracts

Samples: Indemnification Agreement (Rediff Communication LTD), Indemnification Agreement (Rediff Com India LTD), Indemnification Agreement (Rediff Com India LTD)

Construction of Certain Phrases. (a) For purposes of this Agreement, references to the "Company" shall include, in addition to the resulting corporation, any constituent corporation (including any constituent of a constituent) absorbed in a consolidation or merger which, if its separate existence had continued, would have had power and authority to indemnify its directors, officers, employees and/or or agents, so that if Indemnitee is or was a director, officer, employee employee, or agent of such constituent corporation, corporation or is or was serving at the request of such constituent corporation as a director, officer, employee employee, or agent of another corporation, partnership, joint venture, trust or other enterprise, then Indemnitee shall stand in the same position under the provisions of this Agreement with respect to the resulting or surviving corporation as Indemnitee would have with respect to such constituent corporation if its separate existence had continued.

Appears in 4 contracts

Samples: Indemnification Agreement (Harveys Casino Resorts), Indemnification Agreement (Harveys Casino Resorts), Indemnification Agreement (Colony Rih Acquisitions Inc)

Construction of Certain Phrases. For purposes of this Agreement, references to the "Company" shall include, in addition to the resulting corporation, any constituent corporation (including any constituent of a constituent) absorbed in a consolidation or merger which, if its separate existence had continued, would have had power and authority to indemnify its directors, officers, and employees and/or or agents, so that if Indemnitee is or was a director, officer, employee or agent of such constituent corporation, or is or was serving at the request of such constituent corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, Indemnitee shall stand in the same position under the provisions of this Agreement with respect to the resulting or surviving corporation as Indemnitee would have with respect to such constituent corporation if its separate existence had continued.

Appears in 3 contracts

Samples: Indemnification Agreement (Genesys Telecommunications Laboratories Inc), Indemnification Agreement (Cei Systems Inc), Indemnification Agreement (First Community Bancshares Inc /Nv/)

Construction of Certain Phrases. For purposes of this Agreement, references to the "CompanyCOMPANY" shall include, in addition to the resulting corporation, any constituent corporation (including any constituent of a constituent) absorbed in a consolidation or merger which, if its separate existence had continued, would have had power and authority to indemnify its directors, officers, employees and/or agents, so that if Indemnitee is or was a director, officer, employee or agent of such constituent corporation, or is or was serving at the request of such constituent corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, Indemnitee shall stand in the same position under the provisions of this Agreement with respect to the resulting or surviving corporation as Indemnitee would have with respect to such constituent corporation if its separate existence had continued.

Appears in 2 contracts

Samples: Indemnification Agreement (Symposium Telecom Corp), Indemnification Agreement (Tag It Pacific Inc)

Construction of Certain Phrases. (a) For purposes of this Agreement, references to the term "Company" shall include, in addition to the resulting corporation, any constituent corporation (including any constituent of a constituent) absorbed in a consolidation or merger which, if its separate existence had continued, would have had power and authority to indemnify its directors, officers, employees and/or or agents, so that if Indemnitee is or was a director, officer, employee or agent of such constituent corporation, or is or was serving at the request of such constituent corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, Indemnitee shall stand in the same position under the provisions of this Agreement with respect to the resulting or surviving corporation as Indemnitee would have with respect to such constituent corporation if its separate existence had continued.

Appears in 1 contract

Samples: Indemnification Agreement (Apple Computer Inc)

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Construction of Certain Phrases. For purposes of this Agreement, references to the "CompanyBank" shall include, in addition to the resulting corporation, any constituent corporation (including any constituent of a constituent) absorbed in a consolidation or merger which, if its separate existence had continued, would have had power and authority to indemnify its directors, officers, and employees and/or or agents, so that if Indemnitee is or was a director, officer, employee or agent of such constituent corporation, or is or was serving at the request of such constituent corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, Indemnitee shall stand in the same position under the provisions of this Agreement with respect to the resulting or surviving corporation as Indemnitee would have with respect to such constituent corporation if its separate existence had continued.

Appears in 1 contract

Samples: Indemnification Agreement (First Community Bancshares Inc /Nv/)

Construction of Certain Phrases. For purposes of this Agreement, Agreement references to the "Company" shall include, in addition to the resulting corporation, any constituent corporation (including any constituent of a constituent) absorbed in a consolidation or merger which, if its separate existence had continued, would have had power and authority to indemnify its directors, officers, employees and/or and employee or agents, so that if Indemnitee is or was a director, officer, employee or agent of such constituent corporation, or is or was serving at the request of such constituent corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, ; trust or other enterprise, Indemnitee shall stand in the same position under the provisions of this Agreement with respect to the resulting or surviving corporation as Indemnitee would have with respect to such constituent corporation if its separate existence had continued.

Appears in 1 contract

Samples: Indemnification Agreement (Accuride Corp)

Construction of Certain Phrases. For purposes of this Agreement, references : (a) References to the "Company" shall include, in addition to the resulting corporation, any constituent corporation (including any constituent of a constituent) absorbed in a consolidation or merger which, if its separate existence had continued, would have had power and authority to indemnify its directors, officers, employees and/or or agents, so that if Indemnitee is or was a director, officer, employee or agent of such constituent corporation, or is it or was serving at the request of such constituent corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, Indemnitee shall stand in the same position under the provisions of this Agreement with respect to the resulting or surviving corporation as Indemnitee would have with respect to such constituent corporation if its separate existence had continued.

Appears in 1 contract

Samples: Indemnification Agreement (Franklin Select Real Estate Income Fund)

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