Definition of Corporation. For purposes of this Agreement, references to “the Corporation” shall include, in addition to the resulting or surviving 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 any person who is or was a director of such constituent corporation or is or was serving at the request of such constituent corporation as a director, officer, employee, trustee or agent of another corporation, partnership, joint venture, trust, employee benefit plan or other enterprise, shall stand in the same position under this Agreement with respect to the resulting or surviving corporation as he would have with respect to such constituent corporation if its separate existence had continued.
Appears in 5 contracts
Samples: Indemnification Agreement (Us Xpress Enterprises Inc), Indemnification Agreement (Us Xpress Enterprises Inc), Indemnification Agreement (New Mountain Lake Acquisition CO)