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 (i) that Indemnified Party did not act in good faith, (ii) with respect to any criminal action or proceeding, that Indemnified Party had reasonable cause to believe that his conduct constituted a criminal violation or (iii) that Indemnified Party was knowingly fraudulent, deliberately dishonest or committed an act, or made an omission, involving willful misconduct.
Appears in 4 contracts
Samples: Indemnification & Liability (Geospace Technologies Corp), Indemnification Agreement (Yrc Worldwide Inc), Indemnification Agreement (Oyo Geospace Corp)
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 (ia) that Indemnified Party did not act in good faith, (iib) 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 (iiic) that Indemnified Party was knowingly fraudulent, deliberately dishonest or committed an act, or made an omission, involving willful misconduct.
Appears in 4 contracts
Samples: Indemnification Agreement (Urocor Inc), Indemnification Agreement (Urocor Inc), Indemnification Agreement (Urocor Inc)
No Presumptions. The termination of any Proceeding by judgment, order, settlement, conviction or conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that (i) that the Indemnified Party did not act in good faith, (ii) with respect to any criminal action or proceeding, that the Indemnified Party had reasonable cause to believe that his or her conduct constituted a criminal violation violation, or (iii) that the Indemnified Party was knowingly fraudulent, deliberately dishonest dishonest, or committed an act, or made an omission, involving willful misconduct.
Appears in 2 contracts
Samples: Indemnification & Liability (Southwest Bancorp of Texas Inc), Indemnification & Liability (Zions Bancorporation /Ut/)
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 (ia) that Indemnified Party did not act in good faith, (iib) 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 (iiic) that Indemnified Party was knowingly fraudulent, deliberately dishonest or committed an act, or made an omission, involving willful misconduct.
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