Mutual Acknowledgment. Both the Corporation and the Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Corporation from indemnifying its officers and directors under this Agreement or otherwise. Indemnitee understands and acknowledges that the Corporation may be required in the future to undertake to the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Corporation’s right under public policy to indemnify Indemnitee and, in that event, the Indemnitee’s rights and the Corporation’s obligations hereunder shall be subject to that determination.
Appears in 6 contracts
Samples: Employment Agreement, Employment Agreement (Health Insurance Innovations, Inc.), Indemnification Agreement (Health Insurance Innovations, Inc.)
Mutual Acknowledgment. Both the Corporation Company and the Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Corporation Company from indemnifying its directors and officers and directors under this Agreement or otherwise. Indemnitee understands and acknowledges that the Corporation Company may be required in the future to undertake to the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Corporation’s Company's right under public policy to indemnify Indemnitee Indemnitee, and, in that event, the Indemnitee’s 's rights and the Corporation’s Company's obligations hereunder shall be subject to that determination.
Appears in 5 contracts
Samples: Indemnification Agreement (Achieve Life Sciences, Inc.), Indemnification Agreement (Achieve Life Sciences, Inc.), Indemnification Agreement (Iteris Inc)
Mutual Acknowledgment. Both the Corporation Company and the Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Corporation Company from indemnifying its directors and officers and directors under this Agreement or otherwise. Indemnitee understands and acknowledges that the Corporation Company may be required in the future to undertake to the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the CorporationCompany’s right under public policy to indemnify Indemnitee Indemnitee, and, in that event, the Indemnitee’s rights and the CorporationCompany’s obligations hereunder shall be subject to that determination.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Endologix Inc /De/), Indemnification Agreement (Intralase Corp), Indemnification Agreement (Trizetto Group Inc)
Mutual Acknowledgment. Both the Corporation Company and the Indemnitee acknowledge that in certain instances, Federal or Delaware law or applicable public policy may prohibit the Corporation Company from indemnifying its directors and officers and directors under this Agreement or otherwise. Indemnitee understands and acknowledges that the Corporation Company may be required in the future to undertake to the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the CorporationCompany’s right under public policy to indemnify Indemnitee Indemnitee, and, in that event, the Indemnitee’s rights and the CorporationCompany’s obligations hereunder shall be subject to that determination.
Appears in 2 contracts
Samples: Indemnification Agreement (Microsemi Corp), Indemnification Agreement (Microsemi Corp)
Mutual Acknowledgment. Both the Corporation Company and the Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Corporation Company from indemnifying its directors and officers and directors under this Agreement or otherwise. Indemnitee understands and acknowledges that the Corporation Company may be required in the future to undertake to with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the CorporationCompany’s right under public policy to indemnify Indemnitee and, in that event, the Indemnitee’s rights and the CorporationCompany’s obligations hereunder shall be subject to that determination.
Appears in 2 contracts
Samples: Indemnification Agreement (Mission Community Bancorp), Indemnification Agreement (Pacific Mercantile Bancorp)
Mutual Acknowledgment. Both the Corporation Company and the Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Corporation Company from indemnifying its directors and officers and directors under this Agreement or otherwise. Indemnitee understands and acknowledges that the Corporation Company may be required in the future to undertake to the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the CorporationCompany’s right under public policy to indemnify Indemnitee lndemnitee and, in that event, the Indemnitee’s rights and the CorporationCompany’s obligations hereunder shall be subject to that determination.
Appears in 1 contract
Samples: Director and Officer Indemnification Agreement (Surge Holdings, Inc.)
Mutual Acknowledgment. Both the Corporation Company and the Indemnitee acknowledge that in certain instances, Federal federal law or applicable public policy may prohibit the Corporation Company from indemnifying its directors and officers and directors under this Agreement or otherwise. Indemnitee understands and acknowledges that the Corporation Company may be required in the future to undertake to the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the CorporationCompany’s right under public policy to indemnify Indemnitee and, in that event, the Indemnitee’s rights and the CorporationCompany’s obligations hereunder shall be subject to that determination.
Appears in 1 contract
Samples: Director and Officer Indemnification Agreement (American Strategic Minerals Corp)
Mutual Acknowledgment. Both the Corporation Company and the Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Corporation Company from indemnifying its directors and officers and directors under this Agreement or otherwise. Indemnitee understands and acknowledges that the Corporation Company has undertaken or may be required in the future to undertake to with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Corporation’s Company's right under public policy to indemnify Indemnitee and, in that event, the Indemnitee’s 's rights and the Corporation’s Company's obligations hereunder shall be subject to that determination.
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Mutual Acknowledgment. Both the Corporation Company and the Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Corporation Company from indemnifying its directors and officers and directors under this Agreement or otherwise. Indemnitee understands and acknowledges that the Corporation Company may be required in the future to undertake to with the Securities and Exchange Commission or a federal or state bank regulatory agency to submit the question of indemnification to a court in certain circumstances for a determination of the CorporationCompany’s right under public policy to indemnify Indemnitee and, in that event, the Indemnitee’s rights and the CorporationCompany’s obligations hereunder shall be subject to that determination.
Appears in 1 contract
Mutual Acknowledgment. Both the Corporation Company and the Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Corporation Company from indemnifying its directors and officers and directors under this Agreement or otherwise. Indemnitee understands and acknowledges that the Corporation Company has undertaken or may be required in the future to undertake to with the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the CorporationCompany’s right under public policy to indemnify Indemnitee and, in that event, the Indemnitee’s rights and the CorporationCompany’s obligations hereunder shall be subject to that determination.
Appears in 1 contract
Mutual Acknowledgment. Both the Corporation Company and the Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Corporation Company from indemnifying its directors and officers and directors under this Agreement or otherwise. Indemnitee understands and acknowledges that the Corporation Company may be required in the future to undertake provide an undertaking to the Securities and Exchange Commission whereby the Company would be required to submit the question of indemnification to a court of competent jurisdiction in certain circumstances for a determination of the CorporationCompany’s right under public policy to indemnify Indemnitee and, in that event, the Indemnitee’s rights and the CorporationCompany’s obligations hereunder shall be subject to that determination.
Appears in 1 contract
Mutual Acknowledgment. Both the Corporation and the Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Corporation from indemnifying its directors and officers and directors under this Agreement or otherwise. Indemnitee understands and acknowledges that the Corporation may be required in the future to undertake to the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Corporation’s right under public policy to indemnify Indemnitee and, in that event, the Indemnitee’s rights and the Corporation’s obligations hereunder shall be subject to that determination.
Appears in 1 contract
Samples: Director and Officer Indemnification Agreement (Endeavor Ip, Inc.)
Mutual Acknowledgment. Both the Corporation Company and the Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Corporation Company from indemnifying its directors and officers and directors under this Agreement or otherwise. Indemnitee understands and acknowledges that the Corporation Company may be required in the future to undertake to the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the CorporationCompany’s right under public policy to indemnify Indemnitee and, in that event, the Indemnitee’s IndemniteeÕs rights and the CorporationCompany’s obligations hereunder shall be subject to that determination.
Appears in 1 contract
Samples: Form of Indemnification Agreement (Global Digital Solutions Inc)
Mutual Acknowledgment. Both the Corporation and the Indemnitee acknowledge that in certain instances, Federal law or applicable public policy may prohibit the Corporation from indemnifying its officers and directors under this Agreement or otherwise. Indemnitee understands and acknowledges that the Corporation may be required in the future to undertake to the Securities and Exchange Commission to submit the question of indemnification to a court in certain circumstances for a determination of the Corporation’s right under public policy to indemnify Indemnitee and, in that event, the Indemnitee’s rights and the Corporation’s obligations hereunder shall be subject to that determination.
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