Common use of Construction of Certain Phrases Clause in Contracts

Construction of Certain Phrases. (a) For purposes of this Agreement, references to the "Company" shall include any resulting or surviving corporation in any merger or consolidation in which the Company (as then constituted) is not the resulting or surviving corporation so that Indemnitee will continue to have the full benefits of this Agreement. (b) For purposes of this Agreement, references to "other enterprises" shall include employee benefit plans; references to "fines" shall include any excise taxes assessed on Indemnitee with respect to an employee benefit plan; and references to "serving at the request of the Company" shall include any service as a director, officer, employee or agent of the Company which impose duties on, or involves services by, such director, officer, employee or agent with respect to an employee benefit plan, its participants, or beneficiaries; and if Indemnitee acted in good faith and in a manner Indemnitee reasonably believed to be in the best interests of the participants and beneficiaries of an employee benefit plan, Indemnitee shall be deemed to have acted in a manner "reasonably believed to be in the best interests of the Company and its shareholders" as referred to in this Agreement.

Construction of Certain Phrases. (a) For purposes of this Agreement, references to the "“Company" ” shall include any resulting or surviving corporation in any merger or consolidation in which the Company (as then constituted) is not the resulting or surviving corporation so that Indemnitee will continue to have the full benefits of this Agreement. (b) For purposes of this Agreement, references to "“other enterprises" ” shall include employee benefit plans; references to "“fines" ” shall include any excise taxes assessed on Indemnitee with respect to an employee benefit plan; and references to "“serving at the request of the Company" ” shall include any service as a director, officer, employee or agent of the Company which impose duties on, or involves services by, such director, officer, employee or agent with respect to an employee benefit plan, its participants, or beneficiaries; and if Indemnitee acted in good faith and in a manner Indemnitee reasonably believed to be in the best interests of the participants and beneficiaries of an employee benefit plan, Indemnitee shall be deemed to have acted in a manner "“reasonably believed to be in the best interests of the Company and its shareholders" ” as referred to in this Agreement.

Construction of Certain Phrases. (a) For purposes of this Agreement, references to the "Company" shall include any resulting or surviving corporation include, in any merger or consolidation in which the Company (as then constituted) is not addition to the resulting corporation, any constituent corporation (including any constituent of a constituent) absorbed in a consolidation or surviving corporation so that Indemnitee will continue merger which, if its separate existence had continued, would have had power and authority to have the full benefits of this Agreement.indemnify its directors, officers, employees, agents or (b) For purposes of this Agreement, references to "other enterprises" shall include employee benefit plans; references to "fines" shall include any excise taxes assessed on Indemnitee with respect to an employee benefit plan; and references to "serving at the request of the Company" shall include any service as a director, officer, employee employee, agent or agent fiduciary of the Company which impose imposes duties on, or involves services by, such director, officer, employee employee, agent or agent fiduciary with respect to an employee benefit plan, its participants, participants or its beneficiaries; and if Indemnitee acted in good faith and in a manner Indemnitee reasonably believed to be in the best interests interest of the participants and beneficiaries of an employee benefit plan, Indemnitee shall be deemed to have acted in a manner "reasonably believed not opposed to be in the best interests of the Company and its shareholdersCompany" as referred to in this Agreement.