Exception to Right of Indemnification or Advancement of Expenses. Except as provided in Section 11(e), Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding, or any claim therein, brought or made by Indemnitee against the Corporation. For the purposes of this Section 15, a Proceeding in the right of the Corporation shall not be deemed to constitute a Proceeding brought or made by the Corporation.
Appears in 13 contracts
Samples: Employment Agreement (Juniper Pharmaceuticals Inc), Employment Agreement (Juniper Pharmaceuticals Inc), Employment Agreement (Columbia Laboratories Inc)
Exception to Right of Indemnification or Advancement of Expenses. Except as provided in Section 11(e11(d), Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding, or any claim therein, brought or made by Indemnitee him against the Corporation. For the purposes of this Section 15, a Proceeding in the right of the Corporation shall not be deemed to constitute a Proceeding brought or made by the Corporation.
Appears in 8 contracts
Samples: Indemnification Agreement (Indevus Pharmaceuticals Inc), Indemnification Agreement (Healthcore Medical Solutions Inc), Indemnification Agreement (Physicians Specialty Corp)
Exception to Right of Indemnification or Advancement of Expenses. Except as provided in Section 11(e), Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding, or any claim therein, brought or made by Indemnitee him against the Corporation. For the purposes of this Section 15, a Proceeding in the right of the Corporation shall not be deemed to constitute a Proceeding brought or made by the Corporation.
Appears in 7 contracts
Samples: Indemnification Agreement (Huntington Ingalls Industries, Inc.), Indemnification Agreement (Humascan Inc), Indemnification Agreement (Kirlin Holding Corp)
Exception to Right of Indemnification or Advancement of Expenses. Except as provided in Section 11(e), Indemnitee shall not be entitled to indemnification or advancement of Expenses under this the Agreement with respect to any Proceeding, or any claim therein, brought or made by Indemnitee against the Corporation. For the purposes of this the Section 15, a Proceeding in the right of the Corporation shall not be deemed to constitute a Proceeding brought or made by the Corporation.
Appears in 5 contracts
Samples: Employment Agreement (Juniper Pharmaceuticals Inc), Employment Agreement (Juniper Pharmaceuticals Inc), Employment Agreement (Juniper Pharmaceuticals Inc)
Exception to Right of Indemnification or Advancement of Expenses. Except as provided in Section 11(e)7(a) of this Agreement or as may otherwise be agreed by the Company, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding, or any claim therein, Proceeding brought or made by Indemnitee against the Corporation. For the purposes of this Section 15, (other than a Proceeding in the right by Indemnitee by way of defense or to enforce his rights under this Agreement or under statute or other law including any rights under Section 145 of the Delaware General Corporation Law), unless the bringing of such Proceeding or making of such claim shall not be deemed to constitute a Proceeding brought or made have been approved by the CorporationBoard of Directors of the Company.
Appears in 4 contracts
Samples: Indemnification Agreement (Fogo Hospitality, Inc.), Indemnification Agreement (Warner Music Group Corp.), Form of Indemnification Agreement (Fogo De Chao, Inc.)
Exception to Right of Indemnification or Advancement of Expenses. Except as provided in Section 11(e)7(a) of this Agreement or as may otherwise be agreed by the Company, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding, or any claim therein, Proceeding brought or made by Indemnitee against the Corporation. For the purposes of this Section 15, (other than a Proceeding in by Indemnitee by way of defense or to enforce the right rights under this Agreement or under statute or other law including any rights under Section 145 of the Delaware General Corporation Law), unless the bringing of such Proceeding or making of such claim shall not be deemed to constitute a Proceeding brought or made have been approved by the Corporationboard of directors of the Company.
Appears in 4 contracts
Samples: Indemnification Agreement, Indemnification Agreement (Bright Horizons Family Solutions Inc.), Indemnification Agreement (Bright Horizons Family Solutions Inc.)
Exception to Right of Indemnification or Advancement of Expenses. Except as provided in Section 11(e), Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding, or any claim therein, brought or made by Indemnitee against the Corporation. For the purposes of this Section 15, a Proceeding in the right of the Corporation shall not be deemed to constitute a Proceeding brought or made by the CorporationCompany.
Appears in 3 contracts
Samples: Indemnification Agreement (DREW INDUSTRIES Inc), Indemnification Agreement (Drew Industries Inc), Indemnification Agreement (Drew Industries Inc)
Exception to Right of Indemnification or Advancement of Expenses. Except as provided in Section 11(ell(e), Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding, or any claim therein, brought or made by Indemnitee him against the Corporation. For the purposes of this Section 15, a Proceeding in the right of the Corporation shall not be deemed to constitute a Proceeding brought or made by the Corporation.
Appears in 2 contracts
Samples: Indemnification Agreement (Barnes Group Inc), Indemnification Agreement (Barnes Group Inc)
Exception to Right of Indemnification or Advancement of Expenses. Except as provided in Section 11(e), Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding, or any claim therein, brought or made by such Indemnitee against the Corporation. For the purposes of this Section 15, a Proceeding in the right of the Corporation shall not be deemed to constitute a Proceeding brought or made by the Corporation.
Appears in 1 contract
Exception to Right of Indemnification or Advancement of Expenses. Except as provided in Section 11(e11(d), Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding, or any claim therein, brought or made by Indemnitee against the Corporation. For the purposes of this Section 15, a Proceeding in the right of the Corporation shall not be deemed to constitute a Proceeding brought or made by the Corporation.
Appears in 1 contract
Samples: Indemnification Agreement (Allied Nevada Gold Corp)
Exception to Right of Indemnification or Advancement of Expenses. Except as provided in Section 11(e), Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding, or any claim therein, brought or made by Indemnitee him against the Corporation. For the purposes of this Section 15, a Proceeding in the right of the Corporation shall not be deemed to constitute a Proceeding brought or made by the Corporation.
Appears in 1 contract
Samples: Indemnification Agreement (Progenics Pharmaceuticals Inc)
Exception to Right of Indemnification or Advancement of Expenses. Except as provided in Section 11(e)11.5 and under Article 164 of the Company’s Second Amended and Restated Memorandum and Articles of Association, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding, or any claim therein, brought or made by Indemnitee him against the Corporation. For the purposes of this Section 15, a Proceeding in the right of the Corporation shall not be deemed to constitute a Proceeding brought or made by the CorporationCompany.
Appears in 1 contract
Samples: Indemnification Agreement (Asia Entertainment & Resources Ltd.)
Exception to Right of Indemnification or Advancement of Expenses. Except as provided in Section 11(e)11.5 or with the consent of the Board of Directors, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding, or any claim therein, brought or made by Indemnitee him against the Corporation. For the purposes of this Section 15, a Proceeding in the right of the Corporation shall not be deemed to constitute a Proceeding brought or made by the Corporation.
Appears in 1 contract
Samples: Execution Copy Indemnification Agreement (Ladenburg Thalmann Financial Services Inc)