Determination of Conduct. Any indemnification under Sections 6.1 and 6.2 (unless ordered by a court) shall be made by the corporation only as authorized in the specific case upon a determination that the 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 6.1 and 6.
Appears in 1 contract
Samples: Credit Agreement (Inamed Corp)
Determination of Conduct. Any Subject to the provisions of SECTION 6.3, any indemnification under Sections SECTIONS 6.1 and AND 6.2 (unless ordered by a court) shall be made by the corporation Corporation only as authorized in the specific case upon a determination that the indemnification of the director, officer, employee director or agent officer is proper in the circumstances because he has met the applicable standard of conduct set forth in Sections SECTIONS 6.1 and AND 6.
Appears in 1 contract
Samples: Merger Agreement (Aaipharma Inc)
Determination of Conduct. Any indemnification under Sections 6.1 2 and 6.2 3 of this Article VII, (unless ordered by a court) shall be made by the corporation only as authorized in the specific case upon a determination that the 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 6.1 2 and 63 of this Article VII. Such determination shall be made by the Board of Directors by a majority vote of directors.
Appears in 1 contract
Samples: Separation/Severance Agreement (Capital Growth Systems Inc /Fl/)
Determination of Conduct. Any indemnification under Sections 6.1 and 6.2 (unless ordered by a court) shall be made by the corporation only as authorized in the specific case upon a determination that the indemnification of the director, officer, employee or agent Agent is proper in the circumstances because he has met the applicable standard of conduct set forth in Sections 6.1 and 6.
Appears in 1 contract
