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, 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, agents or fiduciaries, so that if Indemnitee is or was or may be deemed a director, officer, employee, agent, control person, or fiduciary of such constituent corporation, or is or was or may be deemed to be serving at the request of such constituent corporation as a director, officer, employee, control person, agent or 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. b. For purposes of this Agreement, references to “other enterprise” shall include any employee benefit plan of the Company; 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, agent or fiduciary of the Company which imposes duties on, or involves services by, such director, officer, employee, agent or fiduciary with respect to an employee benefit plan of the Company, its participants or its beneficiaries.

Construction of Certain Phrases. a. (a) For purposes of this Agreement, references to the “Company” shall include, in addition to the resulting corporationCompany, any constituent company or 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, managers, members, officers, employees, agents or fiduciariesagents, so that if Indemnitee is or was or may be deemed a director, manager, member, officer, employee, agent, control person, or fiduciary agent of such constituent company or corporation, or is or was or may be deemed to be serving at the request of such constituent company or corporation as a director, manager, member, officer, employee, control person, or agent or fiduciary of another limited liability company, corporation, partnership, joint venture, employee benefit plantrust, 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 company or corporation as Indemnitee would have with respect to such constituent company or corporation if its separate existence had continued. b. (b) For purposes of this Agreement, references to “other enterpriseenterprises” shall include any employee benefit plan of the Company; 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 CompanyCompany or a Subsidiary” shall include any service as a director, officer, employee, or agent or fiduciary of the Company or such Subsidiary which imposes duties on, or involves services by, by such director, officer, employee, or agent or fiduciary with respect to an employee benefit plan of the Companyplan, its participants participants, or its beneficiariesbeneficiaries and references to “relevant Subsidiary” shall mean the Subsidiary of which Indemnitee is serving as a director, officer, employee, or agent.

Construction of Certain Phrases. a. (i) For purposes of this Agreement, references to the “Company” shall include, in addition to the resulting corporationXxxxxxxx.xxx, Inc., any constituent corporation (including any constituent of a constituent) absorbed in a consolidation or merger to which Xxxxxxxx.xxx, Inc. (or any of its Subsidiaries) is a party which, if its separate existence had continued, would have had power and authority to indemnify its directors, officers, employees, agents and employees or fiduciariesagents, so that if Indemnitee is or was or may be deemed a director, officer, employee, agent, control person, employee or fiduciary agent of such constituent corporation, or is or was or may be deemed to be serving at the request of such constituent corporation as a director, officer, employee, control person, employee or agent or 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. b. (ii) For purposes of this Agreement, without limitation, references to “other enterpriseenterprises” shall include any employee benefit plan of the Companyplans; 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 or agent or fiduciary of the Company or any Subsidiary, which imposes any duties on, or involves services by, such director, officer, employee, agent or fiduciary by Indemnitee with respect to an employee benefit plan of the Companyplan, its participants participants, or its beneficiaries.

Construction of Certain Phrases. a. (i) For purposes of this Agreement, references to the “Company” shall include, in addition to the resulting corporationAerie Pharmaceuticals, Inc., any constituent corporation (including any constituent of a constituent) absorbed in a consolidation or merger to which Aerie Pharmaceuticals, Inc. (or any of its Subsidiaries) is a party which, if its separate existence had continued, would have had power and authority to indemnify its directors, officers, employees, agents and employees or fiduciariesagents, so that if Indemnitee is or was or may be deemed a director, officer, employee, agent, control person, employee or fiduciary agent of such constituent corporation, or is or was or may be deemed to be serving at the request of such constituent corporation as a director, officer, employee, control person, employee or agent or 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. b. (ii) For purposes of this Agreement, without limitation, references to “other enterpriseenterprises” shall include any employee benefit plan of the Companyplans; 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 or agent or fiduciary of the Company or any Subsidiary, which imposes any duties on, or involves services by, such director, officer, employee, agent or fiduciary by Indemnitee with respect to an employee benefit plan of the Companyplan, its participants participants, or its beneficiaries.