Common use of Effect of Federal Law Clause in Contracts

Effect of Federal Law. Both the Corporation and the Indemnitee acknowledge that in certain instances, federal law will override Delaware law and prohibit the Corporation from indemnifying its offices and directors. For example, the Corporation and Indemnitee acknowledge that the Securities and Exchange Commission has taken the position that indemnification is not permissible for liabilities arising under certain federal securities law, and federal law prohibits indemnification for certain violations of the Employee Retirement Income Security Act of 1974, as amended.

Appears in 7 contracts

Samples: Indemnification Agreement (Helios & Matheson Analytics Inc.), Indemnification Agreement (Great Basin Scientific, Inc.), Indemnification Agreement (Helios & Matheson Analytics Inc.)

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Effect of Federal Law. Both the Corporation and the Indemnitee acknowledge that in certain instances, federal law will override Delaware law and prohibit the Corporation from indemnifying its offices officers and directors. For example, the Corporation and Indemnitee acknowledge that the Securities and Exchange Commission has taken the position that indemnification is not permissible for liabilities arising under certain federal securities law, and federal law prohibits indemnification for certain violations of the Employee Retirement Income Security Act of 1974, as amended.

Appears in 4 contracts

Samples: Indemnification Agreement (Augme Technologies, Inc.), Indemnification Agreement (Augme Technologies, Inc.), Indemnification Agreement (Augme Technologies, Inc.)

Effect of Federal Law. Both the Corporation and the Indemnitee indemnitee acknowledge that in certain instances, federal law will override Delaware law and prohibit the Corporation from indemnifying its offices officers and directors. For example, the Corporation and Indemnitee acknowledge that the Securities and Exchange Commission has taken the position that indemnification is not permissible for liabilities arising under certain federal securities lawlaws, and federal law prohibits indemnification for certain violations of the Employee Retirement Income Security Act of 1974, as amendedAct.

Appears in 2 contracts

Samples: Indemnification Agreement (Accupoll Holding Corp), Indemnification Agreement (Accupoll Holding Corp)

Effect of Federal Law. Both the Corporation Company and the Indemnitee acknowledge that in certain instances, federal law will override Delaware law and prohibit the Corporation Company from indemnifying its offices officers and directors. For example, the Corporation The Company and Indemnitee specifically acknowledge that the Securities and Exchange Commission has taken the position that indemnification is not permissible for liabilities arising under certain federal securities lawlaws, and federal law prohibits indemnification for certain violations of the Employee Retirement Income Security Act of 1974, as amendedAct.

Appears in 2 contracts

Samples: Director Indemnity Agreement (Novavax Inc), Director Indemnity Agreement (Novavax Inc)

Effect of Federal Law. Both the Corporation and the Indemnitee acknowledge that in certain instances, instances federal law will would override Delaware law and prohibit the Corporation from indemnifying its offices officers and directorsDirectors. In such case, the Corporation shall be released from its obligations hereunder to the extent its performance thereof is prohibited by federal law. For example, the Corporation and Indemnitee acknowledge that the Securities and Exchange Commission has taken the position that indemnification is not permissible for liabilities arising under certain federal securities lawlaws, and federal law prohibits indemnification for certain violations of the Employee Retirement Income Security Act of 1974, as amendedAct.

Appears in 2 contracts

Samples: Indemnification Agreement (Versatility Inc), Indemnification Agreement (Versatility Inc)

Effect of Federal Law. Both the Corporation Company and the Indemnitee indemnitee acknowledge that in certain instances, federal law will override Delaware law and prohibit the Corporation from indemnifying its offices and directors. For example, the Corporation and Indemnitee acknowledge that the Securities and Exchange Commission has taken the position that indemnification is not permissible for liabilities arising under certain federal securities law, and federal law prohibits indemnification for certain violations of the Employee Retirement Income Security Act of 1974, as amendedAct.

Appears in 1 contract

Samples: Indemnification Agreement (Webmethods Inc)

Effect of Federal Law. Both the Corporation Company and the Indemnitee acknowledge that in certain instances, federal law will override Delaware law and prohibit the Corporation from indemnifying its offices officers and directors. For example, the Corporation and Indemnitee acknowledge that the Securities and Exchange Commission has taken the position that indemnification is not permissible for liabilities arising under certain federal securities lawlaws, and federal law prohibits indemnification for certain violations of the Employee Retirement Income Security Act of 1974, as amendedAct.

Appears in 1 contract

Samples: Indemnification Agreement (Trusted Information Systems Inc)

Effect of Federal Law. Both the Corporation and the Indemnitee acknowledge that in certain instances, instances federal law will would override Delaware law and prohibit the Corporation from indemnifying its offices officers and directorsDirectors. In such case, the Corporation shall be released from its obligations hereunder to the extent its performance thereof is prohibited by federal law. For example, the Corporation and Indemnitee acknowledge that the Securities and Exchange Commission has taken the position that indemnification is not permissible for liabilities arising under certain federal securities lawlaws, and federal law prohibits indemnification indemnifications for certain violations of the Employee Retirement Income Security Act of 1974, as amendedAct.

Appears in 1 contract

Samples: Indemnification Agreement (Versatility Inc)

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Effect of Federal Law. Both the Corporation and the Indemnitee acknowledge that in certain instances, federal law will override Delaware law and prohibit the Corporation from indemnifying its offices officers and directors. For example, the Corporation and Indemnitee acknowledge that the Securities and Exchange Commission has taken the position that indemnification is not permissible for liabilities arising under certain federal securities lawlaws, and federal law prohibits indemnification for certain violations of the Employee Retirement Income Security Act of 1974, as amendedAct.

Appears in 1 contract

Samples: Indemnification Agreement (Regen Biologics Inc)

Effect of Federal Law. Both the Corporation and the Indemnitee acknowledge that in certain instances, federal law will override Delaware law and prohibit the Corporation from indemnifying its offices and directors. For example, the Corporation and Indemnitee acknowledge that the Securities and Exchange Commission has taken the position that indemnification is not permissible for liabilities arising under certain federal securities law, and federal law prohibits indemnification for certain violations of the Employee Retirement Income Security Act of 1974, as amendedAct.

Appears in 1 contract

Samples: Indemnification Agreement (Advanced Switching Communications Inc)

Effect of Federal Law. Both the Corporation and the Indemnitee acknowledge that in certain instances, federal law will override Delaware law and prohibit the Corporation from indemnifying its offices officers and directorsdirectors and agree that compliance with federal law prohibiting such indemnification will not constitute a breach of this Agreement. For example, the Corporation and Indemnitee acknowledge that the Securities and Exchange Commission has taken the position that indemnification is not permissible for liabilities arising under certain federal securities lawlaws, and federal law prohibits indemnification for certain violations of the Employee Retirement Income Security Act of 1974, as amendedAct.

Appears in 1 contract

Samples: Indemnification Agreement (Si International Inc)

Effect of Federal Law. Both the Corporation Company and the Indemnitee acknowledge that in certain instances, federal law will override Delaware law and prohibit the Corporation from indemnifying its offices and directors. For example, the Corporation and Indemnitee acknowledge that the Securities and Exchange Commission has taken the position that indemnification is not permissible for liabilities arising under certain federal securities law, and federal law prohibits indemnification for certain violations of the Employee Retirement Income Security Act of 1974, as amendedAct.

Appears in 1 contract

Samples: Indemnification Agreement (Universal Biosensors Inc)

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