Intent of Section. The intent of this Section 7.6 is to provide for indemnification and advancement of expenses to the same extent (except as specifically altered herein) as that which would apply under Section 145 of the DGCL as if the Company were a Delaware corporation, and it is the intent of the parties hereto that this Section 7.6 be construed in such a manner. To the extent that Section 145 of the DGCL or any successor section thereto may be amended or supplemented from time to time after the date of this Agreement, this Section 7.6 shall be deemed amended automatically and construed so as to permit indemnification and advancement of expenses to the fullest extent from time to time permitted by Section 145 of the DGCL or such successor section thereto, so long as such amendment is permitted under the Delaware LLC Act; provided, however, that no such amendment shall alter any provision of this Section 7.6 that limits indemnification or advancement of expenses based on who commences the applicable action, suit or proceeding. Unless required by law, any amendment or supplement to Section 145 of the DGCL or Section 18-108 of the Delaware LLC Act or any successor section thereto or to this Section
Appears in 6 contracts
Samples: Third Fourth, Limited Liability Company Agreement, Limited Liability Company Agreement