No Presumptions. The termination of any Proceeding by judgment, order, settlement, conviction or upon a plea of NOLO CONTENDERE or its equivalent, shall not, of itself, create a presumption that (a) Indemnified Party did not act in good faith, (b) with respect to any criminal action or proceeding, Indemnified Party had reasonable cause to believe that his or her conduct constituted a criminal violation or (c) Indemnified Party was knowingly fraudulent, deliberately dishonest or committed an act, or made an omission, involving willful misconduct.
Appears in 4 contracts
Samples: Indemnity Agreement (Urocor Inc), Indemnity Agreement (Urocor Inc), 12 Indemnity Agreement (Urocor Inc)
No Presumptions. The termination of any Proceeding by judgment, order, settlement, conviction or upon a plea of NOLO CONTENDERE nolo contendere or its equivalent, shall not, of itself, create a presumption (i) that (a) Indemnified Party did not act in good faith, (bii) with respect to any criminal action or proceeding, that Indemnified Party had reasonable cause to believe that his or her conduct constituted a criminal violation or (ciii) that Indemnified Party was knowingly fraudulent, deliberately dishonest or committed an act, or made an omission, involving willful misconduct.
Appears in 4 contracts
Samples: Indemnity Agreement (Geospace Technologies Corp), Indemnification Agreement (Yrc Worldwide Inc), Indemnification Agreement (Truetime Inc)
No Presumptions. The termination of any Proceeding by judgment, order, settlement, conviction or conviction, or upon a plea of NOLO CONTENDERE nolo contendere or its equivalent, shall not, of itself, create a presumption that (ai) the Indemnified Party did not act in good faith, (bii) with respect to any criminal action or proceeding, the Indemnified Party had reasonable cause to believe that his or her conduct constituted a criminal violation violation, or (ciii) the Indemnified Party was knowingly fraudulent, deliberately dishonest dishonest, or committed an act, or made an omission, involving willful misconduct.
Appears in 1 contract
Samples: Director and Officer Indemnity Agreement (Southwest Bancorp of Texas Inc)
No Presumptions. The termination of any Proceeding by judgment, order, settlement, conviction or upon a plea of NOLO CONTENDERE nolo contendere or its equivalent, shall not, of itself, create a presumption that (a) Indemnified Party did not act in good faith, (b) with respect to any criminal action or proceeding, Indemnified Party had reasonable cause to believe that his or her conduct constituted a criminal violation or (c) Indemnified Party was knowingly fraudulent, deliberately dishonest or committed an act, or made an omission, involving willful misconduct.
Appears in 1 contract
Samples: Indemnity Agreement (Urocor Inc)
