Forum for Determination. If the Indemnitee is serving as a ----------------------- director or officer of the Company at the time the determination is to be made, the Indemnitee shall be entitled to select from among the following the forum in which the validity of the Company's claim under Section 6.3 that the Indemnitee is not entitled to indemnification will be heard: 1. A majority vote of the Directors who are Disinterested Directors, even though less than a quorum;
Appears in 3 contracts
Samples: Indemnification Agreement (Primal Solutions Inc), Indemnification Agreement (Primal Solutions Inc), Indemnification Agreement (Primal Solutions Inc)
Forum for Determination. If the Indemnitee is serving as a ----------------------- director or officer of the Company at the time the determination is to be made, the Indemnitee shall be entitled to select from among the following the forum in which the validity of the Company's claim under Section 6.3 that the Indemnitee is not entitled to indemnification will be heard:
1. A majority vote of the Directors who are Disinterested Directors, even though less than a quorum;
Appears in 1 contract
Samples: Indemnification Agreement (Avery Communications Inc)
Forum for Determination. If the Indemnitee is serving as a ----------------------- director or officer of the Company at the time the determination is to be made, the Indemnitee shall be entitled to select from among the following the forum in which the validity of the Company's claim under Section SECTION 6.3 that the Indemnitee is not entitled to indemnification will be heard:
1. A majority vote of the Directors who are Disinterested Directors, even though less than a quorum;
Appears in 1 contract
