Construction of Certain Phrases. (a) For purposes of this Agreement, references to the "COMPANY" shall include 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 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 7 contracts
Samples: Indemnification Agreement (Brightpoint Inc), Indemnification Agreement (Brightpoint Inc), Indemnification Agreement (Brightpoint Inc)
Construction of Certain Phrases. (a) For purposes of this Agreement, references to the "COMPANYCompany" shall include 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 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 7 contracts
Samples: Indemnification Agreement (Impresse Corp), Indemnification Agreement (Yahoo Inc), Indemnification Agreement (Vertel Corp)
Construction of Certain Phrases. (a) For purposes of this Agreement, references to the "COMPANYCompany" shall include include, in addition to the resulting company, 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, and employees 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 Com India 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 "COMPANYBank" shall include 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 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 4 contracts
Samples: Indemnification Agreement (First Community Bancshares Inc /Nv/), Form of Indemnification Agreement (Monterey Bay Bancorp Inc), Indemnification Agreement (Commercial Capital Bancorp Inc)
Construction of Certain Phrases. (a) a. For purposes of this Agreement, references to the "COMPANYCompany" shall include 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 employees, agents or agentsfiduciaries, 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 employee, agent or agent fiduciary of another corporation, partnership, joint venture, employee benefit plan, 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 (Network Holdings International Inc), Indemnification Agreement (Go Call Inc), Indemnification Agreement (Lumenis LTD)
Construction of Certain Phrases. (a) For purposes of this Agreement, references to the "COMPANY" shall include 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 employees, agents or agentsfiduciaries, so that if Indemnitee is or was a director, officer, employee employee, agent or agent fiduciary of such constituent corporation, or is or was serving at the request of such constituent corporation as a director, officer, employee employee, agent or agent fiduciary of another corporation, partnership, joint venture, employee benefit plan, 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 (Monarch Staffing, Inc.), Indemnification Agreement (Vari L Co Inc), Indemnification Agreement (Monarch Staffing, Inc.)
Construction of Certain Phrases. (a) 10.1 For purposes of this Agreement, references to the "COMPANY" “Company” shall include 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 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 (Civeo Corp), Indemnification Agreement (Civeo Corp)
Construction of Certain Phrases. (a) 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, officers and employees 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 (Sonomawest Holdings Inc), 16 Indemnification Agreement (Cellegy Pharmaceuticals Inc)
Construction of Certain Phrases. (a) For purposes of this Agreement, references to the "COMPANYCompany" shall include include, in addition to the resulting entity, any 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 directorsmanagers, officers, and employees or agents, so that if Indemnitee is or was a directormanager, officer, employee or agent of such constituent corporationentity, or is or was serving at the request of such constituent corporation entity as a directormanager, 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 entity if its separate existence had continued.
Appears in 2 contracts
Samples: Indemnification Agreement (JCM Partners LLC), Indemnification Agreement (JCM Partners LLC)
Construction of Certain Phrases. (a) For purposes of this Agreement, references to the "COMPANYCompany" shall include 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 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 (Genesys Telecommunications Laboratories Inc), Indemnification Agreement (Cei Systems Inc)
Construction of Certain Phrases. (a) For purposes of this Agreement, references to the "COMPANYCompany" shall include 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 employees, agents or agentsfiduciaries, so that if Indemnitee is or was a director, officer, employee employee, agent or agent fiduciary of such constituent corporation, or is or was serving at the request of such constituent corporation as a director, officer, employee employee, agent or agent fiduciary 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 (DSP Communications Inc), Indemnification Agreement (Nogatech Inc)
Construction of Certain Phrases. (a) For purposes of this Agreement, Agreement references to the "COMPANY" “Company” shall include 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 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.
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Construction of Certain Phrases. (ai) For purposes of this Agreement, references to the "COMPANYCompany" shall include 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, continued would have had power and authority to indemnify its directors, officers, and employees employees, agents or agentsfiduciaries, so that if Indemnitee is or was a director, officer, employee employee, agent or agent fiduciary of such constituent corporation, or is or was serving at the request of such constituent corporation as a director, officer, employee employee, agent or agent fiduciary of another corporation, partnership, joint venture, employee benefit plan, 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.
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Construction of Certain Phrases. (a) For purposes of this Agreement, references to the "COMPANY" Company shall include also 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 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.
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Construction of Certain Phrases. (a) A. For purposes of this Agreement, references to the "COMPANYCompany" shall include include, in addition to the resulting corporation, any constituent corporation (including any constituent of a constituent) absorbed in a consolidation or merger whichthat, if its separate existence had continued, would have had power and authority to indemnify its directors, officers, and employees 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 (Work International Corp)
Construction of Certain Phrases. (a) For purposes of this Agreement, references the term "Company" shall include, in addition to the "COMPANY" shall include 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 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 (AeroGrow International, Inc.)
Construction of Certain Phrases. (a) 9.1. For purposes of this Agreement, references to the "COMPANYCompany" shall include 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 employees, agents or agentsfiduciaries, 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 employee, agent or agent fiduciary of another corporation, partnership, joint venture, employee benefit plan, 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.
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Construction of Certain Phrases. (a) For purposes of this Agreement, references to the "COMPANYCompany" shall include 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, shareholders, and employees or agents, so that if Indemnitee is or was a director, officer, shareholder, employee or agent of such constituent corporation, or is or was serving at the request of such constituent corporation as a director, officer, shareholder, 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.
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