Common use of Effect of Certain Proceedings Clause in Contracts

Effect of Certain Proceedings. The termination of any Proceeding by judgment, order, settlement or conviction, or upon a plea of nolo contendere or its equivalent, except, in each case, to the extent that the terms thereof expressly so provide, shall not, of itself (i) adversely affect the rights of Executive to indemnification, or (ii) create a presumption that Executive did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification or contribution is not permitted by applicable law.

Appears in 5 contracts

Samples: Employment Agreement (Infocure Corp), Employment Agreement (Infocure Corp), Employment Agreement (Infocure Corp)

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Effect of Certain Proceedings. The termination of any Proceeding by judgment, order, settlement or conviction, or upon a plea of nolo contendere or its equivalent, except, in each case, to the extent that the terms thereof expressly so provide, shall not, of itself (ia) adversely affect the rights of the Executive to indemnification, or (iib) create a presumption that the Executive did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification or contribution is not permitted by applicable law.

Appears in 4 contracts

Samples: Employment Agreement (National Credit & Guaranty CORP), Employment Agreement (Barneys New York Inc), Employment Agreement (Barneys New York Inc)

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Effect of Certain Proceedings. The termination of any Proceeding by judgment, order, settlement or conviction, or upon a plea of nolo contendere or its equivalent, except, in each case, to the extent that the terms thereof expressly so provide, shall not, of itself (i) adversely affect the rights of the Executive to indemnification, or (ii) create a presumption that the Executive did not meet any particular standard of conduct or have any particular belief or that a court has determined that indemnification or contribution is not permitted by applicable law.

Appears in 3 contracts

Samples: Employment Agreement (AMICAS, Inc.), Employment Agreement (AMICAS, Inc.), Employment Agreement (Vitalworks Inc)

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