Effect of Certain Resolutions. Neither the settlement nor termination of any Proceeding nor the failure of the Company to award indemnification or to determine that indemnification is payable shall create a presumption that Indemnitee is not entitled to indemnification hereunder. In addition, the termination of any Proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent shall not create a presumption that Indemnitee did not meet the requisite standard of conduct described herein for indemnification.
Appears in 16 contracts
Samples: Indemnification Agreement (Overland Advantage), Indemnification Agreement (LGAM Private Credit LLC), Indemnification Agreement (Muzinich Corporate Lending Income Fund, Inc.)
Effect of Certain Resolutions. Neither the settlement nor termination of any Proceeding nor the failure of the Company Fund to award indemnification or to determine that indemnification is payable shall create a presumption that Indemnitee is not entitled to indemnification hereunder. In addition, the termination of any Proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent shall not create a presumption that Indemnitee did not meet the requisite standard of conduct described herein for indemnification.
Appears in 2 contracts
Samples: Indemnification Agreement (Comvest Credit Partners BDC Fund, L.P.), Indemnification Agreement (Investcorp US Institutional Private Credit Fund)
Effect of Certain Resolutions. Neither the settlement nor termination of any Proceeding nor the failure of the Company to award indemnification or to determine that indemnification is payable shall create a an adverse presumption that Indemnitee is not entitled to indemnification hereunder. In addition, the termination of any Proceeding proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent shall not not, of itself, create a presumption that Indemnitee did not meet the requisite standard of conduct described herein for indemnificationengaged in any Unindemnifiable Conduct.
Appears in 1 contract
Samples: Indemnification Agreement for Directors (Bsi2000 Inc)
Effect of Certain Resolutions. Neither the settlement nor or termination of any Proceeding nor the failure of the Company to award indemnification or to determine that indemnification is payable shall create a an adverse presumption that Indemnitee is not entitled to indemnification hereunder. In addition, the termination of any Proceeding proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent shall not create a presumption that Indemnitee did not meet the requisite standard of conduct described herein for indemnification.,
Appears in 1 contract
Samples: Director Indemnification Agreement (Lawson Software Inc)
Effect of Certain Resolutions. Neither the settlement nor termination of any Proceeding nor the failure of the Company to award indemnification or to determine that indemnification is payable shall create a presumption that Indemnitee is not entitled to indemnification hereunder. In addition, the termination of any Proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent shall not create a presumption that Indemnitee did not meet the requisite standard of conduct described herein for indemnification.
Appears in 1 contract
Samples: Indemnification Agreement (Bravo Brio Restaurant Group, Inc.)
Effect of Certain Resolutions. Neither the settlement nor termination of any Proceeding nor the failure of the Company to award indemnification or to determine that indemnification is payable shall create a an adverse presumption that Indemnitee is not entitled to indemnification hereunder. In addition, the termination of any Proceeding by judgment, order, settlement, conviction, order or upon a plea of nolo contendere or its equivalent settlement shall not create a presumption that the act or omission of the Indemnitee did not meet the requisite standard of conduct described herein for indemnification.was material
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