No Obligation. Notwithstanding the foregoing, the Company shall have no obligation to obtain or maintain any director and officer insurance policy if the Company determines in good faith that such insurance is not reasonably available in the case that (i) premium costs for such insurance are disproportionate to the amount of coverage provided, or (ii) the coverage provided by such insurance is limited by exclusions so as to provide an insufficient benefit.
Appears in 169 contracts
Samples: Indemnification Agreement (Masonglory LTD), Indemnification Agreement (MED EIBY Holding Co., LTD), Independent Director Agreement (Toppoint Holdings Inc.)
No Obligation. Notwithstanding the foregoing, the Company shall have no obligation to obtain or maintain any director and officer insurance policy if a majority of the Company Company’s directors determines in good faith that such insurance is not reasonably available in the case that (i) premium costs for such insurance are disproportionate to the amount of coverage provided, or (ii) the coverage provided by such insurance is limited by exclusions so as to provide an insufficient benefit, or (iii) Indemnitee is covered by similar insurance maintained by a parent or subsidiary of the Company.
Appears in 30 contracts
Samples: Indemnification Agreement (FWD Group Holdings LTD), Indemnification Agreement (Hello Inc. /Cayman Islands/), Indemnification Agreement (Phoenix Tree Holdings LTD)
No Obligation. Notwithstanding the foregoing, the Company shall have no obligation to obtain or maintain any director and officer insurance policy if the Company determines in good faith that such insurance is not reasonably available in the case that (i) premium costs for such insurance are disproportionate to the amount of coverage provided, or (ii) the coverage provided by such insurance is limited by exclusions so as to provide an insufficient benefit, or (iii) Indemnitee is covered by similar insurance maintained by a parent or subsidiary of the Company.
Appears in 19 contracts
Samples: Indemnification Agreement, Indemnification Agreement (IFM Investments LTD), Indemnification Agreement (Marvell Technology Group LTD)
No Obligation. Notwithstanding the foregoing, the Company shall have no obligation to obtain or maintain any director and officer insurance policy if the Company determines in good faith that such insurance is not reasonably available in the case that (i) premium costs for such insurance are disproportionate to the amount of coverage provided, or (ii) the coverage provided by such insurance is limited by exclusions so as to provide an insufficient benefit, or (iii) Indmnitee is covered by similar insurance maintained by a parent or subsidiary of the Company.
Appears in 6 contracts
Samples: Indemnification Agreement (ReneSola LTD), Indemnification Agreement (Trina Solar LTD), Indemnification Agreement (WSP Holdings LTD)
No Obligation. Notwithstanding the foregoing, the Company shall have no obligation to obtain or maintain any director and officer insurance policy if the Company determines in good faith that such insurance is not reasonably available in the case that (i) premium costs for such insurance are disproportionate to the amount of coverage provided, or (ii) the coverage provided by such insurance is limited by exclusions so as to provide an insufficient benefit, or (iii) Indemnitee is covered by similar insurance maintained by a parent, subsidiary of the Company.
Appears in 4 contracts
Samples: Indemnification Agreement (Aesthetic Medical International Holdings Group LTD), Indemnification Agreement (Up Fintech Holding LTD), Indemnification Agreement (Up Fintech Holding LTD)
No Obligation. Notwithstanding the foregoing, the Company shall have no obligation to obtain or maintain any director and officer insurance policy if a majority of the Company Company’s directors determines in good faith that such insurance is not reasonably available in the case that (i) premium costs for such insurance are disproportionate to the amount of coverage provided, or (ii) the coverage provided by such insurance is limited by exclusions so as to provide an insufficient benefit, or (iii) the Indemnitee is covered by similar insurance maintained by a parent or subsidiary of the Company.
Appears in 4 contracts
Samples: Indemnification Agreement (Acquity Group LTD), Indemnification Agreement (Lentuo International Inc.), Indemnification Agreement (China Digital TV Holding Co., Ltd.)
No Obligation. Notwithstanding the foregoing, the Company shall have no obligation to obtain or maintain any director and officer insurance policy if a majority of the Company Company's directors determines in good faith that such insurance is not reasonably available in the case that (i) premium costs for such insurance are disproportionate to the amount of coverage provided, or (ii) the coverage provided by such insurance is limited by exclusions so as to provide an insufficient benefit, or (iii) Indemnitee is covered by similar insurance maintained by a parent or subsidiary of the Company.
Appears in 2 contracts
Samples: Indemnification Agreement (China Nepstar Chain Drugstore Ltd.), Indemnification Agreement (Suntech Power Holdings Co., Ltd.)
No Obligation. Notwithstanding the foregoing, the Company shall have no obligation to obtain or maintain any director and officer insurance policy if the Company determines in good faith that such insurance is not reasonably available in the case that (i) premium costs for such insurance are disproportionate to the amount of coverage provided, provided or (ii) the coverage provided by such insurance is limited by exclusions so as to provide an insufficient benefit.
Appears in 2 contracts
Samples: Indemnification Agreement (Smart for Life, Inc.), Indemnification Agreement (Smart for Life, Inc.)
No Obligation. Notwithstanding the foregoing, the Company shall have no obligation to obtain or maintain any director and officer insurance policy if the Company determines in good faith that such insurance is not reasonably available in the case that (i) premium costs for such insurance are disproportionate to the amount of coverage provided, or (ii) the coverage provided by such insurance is limited by exclusions so as to provide an insufficient benefit, or (iii) Indemnitee is covered by similar insurance maintained by a parent, subsidiary or VIE of the Company.
Appears in 2 contracts
Samples: Indemnification Agreement (SYSWIN Inc.), Indemnification Agreement (AutoNavi Holdings LTD)
No Obligation. Notwithstanding the foregoing, the Company shall have no obligation to obtain or maintain any director and officer insurance policy if the Company determines in good faith that such insurance is not reasonably available in the case that (i) premium costs for such insurance are disproportionate to the amount of coverage provided, or (ii) the coverage provided by such insurance is limited by exclusions so as to provide an insufficient benefitavailable.
Appears in 1 contract
Samples: Indemnification Agreement (Loyalty Alliance Enterprise Corp)
No Obligation. Notwithstanding the foregoing, the Company shall have no obligation to obtain or maintain any director and officer insurance policy if the Company determines in good faith that such insurance is not reasonably available in the case that (i) premium costs for such insurance are disproportionate to the amount of coverage provided, or (ii) the coverage provided by such insurance is limited by exclusions so as to provide an insufficient benefit, or (iii) Indemnitee is covered by similar insurance maintained by a parent, subsidiary or SPE of the Company.
Appears in 1 contract
