Common use of Exception to Right of Indemnification or Advancement of Expenses Clause in Contracts

Exception to Right of Indemnification or Advancement of Expenses. 17.1 Except as provided in Section 11.5, Indemnitee shall not be entitled to indemnification or advancement of Expenses, judgments, penalties, fines and amounts paid in settlement under this Agreement with respect to any Proceeding, or any claim therein, brought or made by him against the Company. 17.2 Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding, or any claim therein, arising from the purchase and sale by Indemnitee of securities in violation of Section 16(b) of the Exchange Act or Company similar successor statute.

Appears in 108 contracts

Samples: Indemnification Agreement (Ribbon Acquisition Corp.), Indemnification Agreement (Shepherd Ave Capital Acquisition Corp), Indemnification Agreement (ChampionsGate Acquisition Corp)

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Exception to Right of Indemnification or Advancement of Expenses. 17.1 Except as provided in Section 11.5, Indemnitee shall not be entitled to indemnification or advancement of Expenses, judgments, penalties, fines and amounts paid in settlement under this Agreement with respect to any Proceeding, or any claim therein, brought or made by him Indemnitee against the Company. 17.2 Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding, or any claim therein, arising from the purchase and sale by Indemnitee of securities in violation of Section 16(b) of the Exchange Act or Company similar successor statute.

Appears in 20 contracts

Samples: Indemnification Agreement (Elong Power Holding Ltd.), Indemnification Agreement (Cayson Acquisition Corp), Indemnification Agreement (Calisa Acquisition Corp)

Exception to Right of Indemnification or Advancement of Expenses. 17.1 Except as provided in Section 11.5, Indemnitee shall not be entitled to indemnification or advancement of Expenses, judgments, penalties, fines and amounts paid in settlement under this Agreement with respect to any Proceeding, or any claim therein, brought or made by him against the Company. 17.2 Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding, or any claim therein, arising from the purchase and sale by Indemnitee of securities in violation of Section 16(b) of the Exchange Act or Company similar successor statute.

Appears in 3 contracts

Samples: Indemnification Agreement (PAVmed Inc.), Indemnification Agreement (Lucid Diagnostics Inc.), Indemnification Agreement (Nuvve Holding Corp.)

Exception to Right of Indemnification or Advancement of Expenses. 17.1 Except as provided in Section 11.511.5 of this Agreement, Indemnitee shall not be entitled to indemnification or advancement of Expenses, judgments, penalties, fines and amounts paid in settlement under this Agreement with respect to any Proceeding, or any claim therein, brought or made by him against the Company. 17.2 Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding, or any claim therein, arising from the purchase and sale by Indemnitee of securities in violation of Section 16(b) of the Exchange Act or Company similar successor statute.

Appears in 2 contracts

Samples: Indemnification & Liability (Archimedes Tech SPAC Partners II Co.), Indemnification Agreement (Drugs Made in America Acquisition Corp.)

Exception to Right of Indemnification or Advancement of Expenses. 17.1 Except as provided in Section 11.5, Indemnitee shall not be entitled to indemnification or advancement of Expenses, judgments, penalties, fines and amounts paid in settlement under this Agreement with respect to any Proceeding, or any claim therein, brought or made by him Indemnitee against the Company. 17.2 Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding, or any claim therein, arising from the purchase and sale by Indemnitee of securities of the Company in violation of a manner that gives rise to liability under Section 16(b) of the Exchange Act or Company similar successor statute.

Appears in 2 contracts

Samples: Indemnification Agreement (Accretion Acquisition Corp.), Indemnification Agreement (Accretion Acquisition Corp.)

Exception to Right of Indemnification or Advancement of Expenses. 17.1 Except as provided in Section 11.511.5 and under Article 44 of the Articles, Indemnitee shall not be entitled to indemnification or advancement of Expenses, judgments, penalties, fines and amounts paid in settlement Expenses under this Agreement with respect to any Proceeding, or any claim therein, brought or made by him against the Company. 17.2 Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding, or any claim therein, arising from the purchase and sale by Indemnitee of securities in violation of Section 16(b) of the Exchange Act or Company any similar successor statute.

Appears in 1 contract

Samples: Indemnification Agreement (Tecnoglass Inc.)

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Exception to Right of Indemnification or Advancement of Expenses. 17.1 Except as provided in Notwithstanding any other provision of this Agreement, but subject to Section 11.510, Indemnitee shall not be entitled to indemnification or advancement of Expenses, judgments, penalties, fines and amounts paid in settlement under this Agreement with respect to any Proceeding, or any claim therein, brought or made by him against the Company. 17.2 Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement (i) with respect to any ProceedingProceeding brought by Indemnitee, or any claim therein, arising unless the bringing of such Proceeding or making of such claim shall have been approved by the Board of Directors or (ii) with respect to any proceeding in which final judgment is rendered against Indemnitee for an accounting of profits made from the purchase and sale or sale and purchase by Indemnitee of securities in violation of the Company pursuant to the provisions of Section 16(b) of the Securities Exchange Act or Company similar successor statuteof 1934, as amended.

Appears in 1 contract

Samples: Indemnification Agreement (Dgse Companies Inc)

Exception to Right of Indemnification or Advancement of Expenses. 17.1 Except as provided in Section 11.5, Indemnitee shall not be entitled to indemnification or advancement of Expenses, judgments, penalties, fines and amounts paid in settlement Expenses under this Agreement with respect to any Proceeding, or any claim therein, brought or made by him Indemnitee against the Company. 17.2 Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding, or any claim therein, arising from the purchase and sale by Indemnitee of securities in violation of Section 16(b) of the Exchange Act or Company similar successor statute.

Appears in 1 contract

Samples: Indemnification Agreement (GRIID Infrastructure Inc.)

Exception to Right of Indemnification or Advancement of Expenses. 17.1 17.1. Except as provided in Section 11.5, Indemnitee shall not be entitled to indemnification or advancement of Expenses, judgments, penalties, fines and amounts paid in settlement under this Agreement with respect to any Proceeding, or any claim therein, brought or made by him Indemnitee against the Company. 17.2 17.2. Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding, or any claim therein, arising from the purchase and sale by Indemnitee of securities in violation of Section 16(b) of the Exchange Act or Company similar successor statute.

Appears in 1 contract

Samples: Indemnification Agreement (RF Acquisition Corp II)

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