Effect on Company. If a determination shall have been made pursuant to Section 5 of this Agreement that Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding commenced pursuant to this Section 7, absent (a) a misstatement by Indemnitee of a material fact, or an omission of a material fact necessary to make Indemnitee’s statement not misleading, in connection with the request for indemnification or (b) a prohibition of such indemnification under applicable law.
Effect on Company. The Company agrees (i) not to effect any public sale or distribution of its equity securities, or any securities convertible into or exchangeable or exercisable for such securities, during the period of up to 90 days, as required by the managing underwriters, beginning on the effective date of any underwritten Registration (except as part of such underwritten Registration or pursuant to Registrations on Form S-4 or Form S-8 or any successor or similar forms or any registration statement covering only securities proposed to be issued in exchange for securities or assets of another corporation), unless the managing underwriters otherwise agree, and (ii) if requested by the managing underwriters, to use reasonable efforts to cause each director and executive officer to agree not to effect any public sale or distribution (including sales pursuant to Rule 144) of any such securities during such period (except as part of such underwritten registration, if otherwise permitted), unless the managing underwriters otherwise agree.
Effect on Company. No director, officer, agent, or shareholder of the Company shall be bound or held to any personal liability in connection with the Company's obligations hereunder.
Effect on Company. The death, incompetence, dissolution or Bankruptcy of a Member shall not entitle any Member to a return of capital other than to the extent such Member normally would be entitled to a distribution under the provisions of this Agreement. Such event shall not cause a dissolution of the Company except as otherwise provided in Section 10.1.
Effect on Company. The occurrence of any of the events specified in Section 10.1 shall not cause dissolution of the Company.
Effect on Company. Except for matters that could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect on Company, the right, title or interest of Company and its subsidiaries in each item of Intellectual Property is free and clear of Liens. Except for matters that could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect on Company, neither Company nor any subsidiary has received written notice that is still pending to the effect that Company or any subsidiary has infringed any patent, trademark, service xxxx, tradename, copyright, brand name, logo, symbol or other intellectual property right of any third party, nor is there any action, pending or, to the knowledge of Company, threatened, against Company or any subsidiary claiming that Company or any subsidiary has, whether directly, contributorily or by inducement, infringed any trade secret or misappropriated any other Intellectual Property.
