Common use of D&O INSURANCE AND INDEMNIFICATION OF DIRECTORS AND OFFICERS Clause in Contracts

D&O INSURANCE AND INDEMNIFICATION OF DIRECTORS AND OFFICERS. All rights to indemnification for acts or omissions occurring prior to the Closing now existing in favor of the current or former directors, officers, employees or agents of the Company required by applicable law, under the Company's Charter Documents, or any other agreement between any such director, officer, employee or agent of the Company and the Company and any other now existing obligation of the Company to indemnify directors or officers for acts or omissions occurring prior to the Closing shall survive the Merger and shall continue in full force and effect in accordance with their terms for a period of not less than six (6) years from the Effective Time and, to the extent the Surviving Corporation fails to perform its obligations with respect thereto, CCC shall perform such obligations. In addition, CCC will provide to each director and officer of the Surviving Corporation, during the term of his service, D&O insurance having coverage at least as comprehensive as the D&O insurance currently maintained by CCC.

Appears in 4 contracts

Samples: Agreement and Plan of Reorganization (Consolidation Capital Corp), Agreement and Plan of Reorganization (Consolidation Capital Corp), Agreement and Plan of Reorganization (Consolidation Capital Corp)

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D&O INSURANCE AND INDEMNIFICATION OF DIRECTORS AND OFFICERS. All rights to indemnification for acts or omissions occurring prior to the Closing now existing in favor of the current or former directors, officers, employees or agents of the Company required by applicable law, under the Company's Charter Documents, or any other agreement between any such director, officer, employee or agent of the Company and the Company and any other now existing obligation of the Company to indemnify directors or officers for acts or omissions occurring prior to the Closing shall survive the Merger and shall continue in full force and effect in accordance with their terms for a period of not less than six (6) years from the Effective Time and, to the extent the Surviving Corporation fails to perform its obligations with respect thereto, CCC shall perform such obligations. In addition, CCC will provide to each director and officer of the Surviving Corporation, during the term of his service, D&O insurance having coverage at least as comprehensive as the D&O insurance currently maintained by CCC.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Consolidation Capital Corp)

D&O INSURANCE AND INDEMNIFICATION OF DIRECTORS AND OFFICERS. All rights to indemnification for acts or omissions occurring prior to the Closing now existing in favor of the current or former directors, officers, employees or agents of the Company required by applicable law, under the Company's Charter DocumentsDocuments and bylaws, or any other agreement between any such director, officer, employee or agent of the Company and the Company and any other now existing obligation of the Company to indemnify directors or officers for acts or omissions occurring prior to the Closing shall survive the Merger and shall continue in full force and effect in accordance with their terms for a period of not less than six (6) years from the Effective Time and, to the extent the Surviving Corporation fails to perform its obligations with respect thereto, CCC shall perform such obligations. In addition, CCC will provide to each director and officer of the Surviving Corporation, during the term of his service, D&O insurance having coverage at least as comprehensive as the D&O insurance currently maintained by CCC.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Consolidation Capital Corp)

D&O INSURANCE AND INDEMNIFICATION OF DIRECTORS AND OFFICERS. All rights to indemnification for acts or omissions occurring prior to the Closing now existing in favor of the current or former directors, officers, employees or agents of the Company required by applicable law, under the Company's Charter DocumentsDocuments and By-laws, or any other agreement between any such director, officer, 41 employee or agent of the Company and the Company and any other now existing obligation of the Company to indemnify directors or officers for acts or omissions occurring prior to the Closing shall survive the Merger and shall continue in full force and effect in accordance with their terms for a period of not less than six (6) years from the Effective Time and, to the extent the Surviving Corporation fails to perform its obligations with respect thereto, CCC shall perform such obligations. In addition, CCC will provide to each director and officer of the Surviving Corporation, during the term of his service, D&O insurance having coverage at least as comprehensive as the D&O insurance currently maintained by CCC.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Consolidation Capital Corp)

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D&O INSURANCE AND INDEMNIFICATION OF DIRECTORS AND OFFICERS. All rights to indemnification for acts or omissions occurring prior to the Closing now existing in favor of the current or former directors, officers, employees or agents of the Company required required, by applicable law, under the Company's Charter Documents, or any other agreement between any such director, officer, employee or agent of the Company and the Company and any other now existing obligation of the Company to indemnify directors or officers for acts or omissions occurring prior to the Closing shall survive the Merger and shall continue in full force and effect in accordance with their terms for a period of not less than six (6) years from the Effective Time and, to the extent the Surviving Corporation fails to perform its obligations with respect thereto, CCC shall perform such obligations. In addition, CCC will provide to each director and officer of the Surviving Corporation, during the term of his service, D&O insurance having coverage at least as comprehensive as the D&O insurance currently maintained by CCC.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Consolidation Capital Corp)

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