Common use of Determination of Conduct Clause in Contracts

Determination of Conduct. Any indemnification under Sections 1 and 2 of this Article X (unless ordered by a court) shall be made by the Company only as authorized in the specific case upon a determination that indemnification of the director, officer, employee or agent is proper in the circumstances because he has met the applicable standard of conduct set forth in Sections 1 and 2 of this Article

Determination of Conduct. Any indemnification under Sections 1 and 2 of this Article X (unless ordered by a court) shall be made by the Company only as authorized in the specific case upon a determination that indemnification of the manager, director, officer, employee or agent is proper in the circumstances because he has met the applicable standard of conduct set forth in Sections 1 and 2 of this ArticleArticle X. Such determination shall be made by the Member, or, if the Member so elects, by independent legal counsel in a written opinion.

Determination of Conduct. Any indemnification under Sections 1 7.2 and 2 7.3 of this Article X VII, (unless ordered by a court) shall be made by the Company corporation only as authorized in the specific case upon a determination that indemnification of the directorOfficer, officer, employee Director or agent Agent is proper in the circumstances because he has met the applicable standard of conduct set forth in Sections 1 7.2 and 2 7.3 of this ArticleArticle VII. Such determination shall be made by the Board of Directors by a majority vote of directors.