No Presumptions. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the Indemnitee did not act in good faith and in a manner that he reasonably believed to be in or not opposed to the best interests of the Company, and with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful.
Appears in 18 contracts
Samples: Indemnification Agreement (Radiation Therapy Services Holdings, Inc.), Indemnification Agreement (Forefront Holdings, Inc.), Indemnification Agreement (Terremark Worldwide Inc)
No Presumptions. The termination of any action, suit or 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 the Indemnitee did not act in good faith and in a manner that he reasonably believed to be in or not opposed to the best interests of the Company, and with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful.
Appears in 13 contracts
Samples: Indemnification Agreement (21st Century Holding Co), Indemnification Agreement (21st Century Holding Co), Indemnification Agreement (Fine Air Services Inc)
No Presumptions. The termination of any action, suit or proceeding Proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the Indemnitee did not act in good faith and in a manner that he the Indemnitee reasonably believed to be in or not opposed to the best interests of the CompanyCorporation, and with respect to any criminal action or proceedingProceeding, had reasonable cause to believe that his the Indemnitee’s conduct was unlawful.
Appears in 5 contracts
Samples: Indemnification Agreement (CLS Holdings USA, Inc.), Indemnification Agreement (CLS Holdings USA, Inc.), Indemnification Agreement (Paradise Inc)
No Presumptions. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the Indemnitee did not act in good faith and in a manner that he the Indemnitee reasonably believed to be in or not opposed to the best interests of the Company, and with respect to any criminal action or proceeding, had reasonable cause to believe knew that his the Indemnitee’s conduct was unlawful.
Appears in 4 contracts
Samples: Indemnification Agreement (Castle Brands Inc), Indemnification Agreement (Premier Exhibitions, Inc.), Indemnification Agreement (Premier Exhibitions, Inc.)
No Presumptions. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the Indemnitee did not act in good faith and in a manner that which he reasonably believed to be in or not opposed to the best interests of the CompanyCorporation and, and with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful.
Appears in 3 contracts
Samples: Indemnification Agreement (Morgan Products LTD), Indemnification Agreement (Morgan Products LTD), Indemnification Agreement (Morgan Products LTD)
No Presumptions. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the Indemnitee did not act in good faith and in a manner that he reasonably believed to be in or not opposed to the best interests of the Company, and ; and-with respect to to-any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful.
Appears in 2 contracts
Samples: Indemnification Agreement (Miami Cruiseline Services Holdings I B V), Indemnification Agreement (Miami Cruiseline Services Holdings I B V)
No Presumptions. The termination of any legal action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the Indemnitee did not act in good faith and in a manner that he reasonably believed to be in or not opposed to the best interests of the CompanyCorporation, and with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was not unlawful.
Appears in 2 contracts
Samples: Indemnification Agreement (Sagemark Companies LTD), Indemnification Agreement (Sagemark Companies LTD)
No Presumptions. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the Indemnitee did not act in good faith and in a manner that he reasonably believed to be in or not opposed to the best interests of the Company, and with respect to any criminal action or proceeding, had reasonable cause to believe knew that his conduct was unlawful.
Appears in 2 contracts
Samples: Indemnification Agreement (Mego Mortgage Corp), Indemnification Agreement (Mego Financial Corp)
No Presumptions. The termination of any action, suit or proceeding by judgmentjudgement, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the Indemnitee did not act in good faith and in a manner that which he reasonably believed to be in or not opposed to the best interests of the CompanyCorporation and, and with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful.
Appears in 1 contract
No Presumptions. The termination of any action, suit or 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 the Indemnitee (i) did not act in good faith and in a manner that he reasonably believed to be in or not opposed to the best interests of the Company, ; and (ii) with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful.
Appears in 1 contract
No Presumptions. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the Indemnitee did not act in good faith and in a manner that he reasonably believed to be in or not opposed to the best interests of the Company, and with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful.. 4.2
Appears in 1 contract
Samples: Form of Indemnification Agreement (Capital Bancorp/Fl)
No Presumptions. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the an Indemnitee did not act in good faith and in a manner that he reasonably believed to be in or not opposed to the best interests of the CompanyCoachmen, and with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful.
Appears in 1 contract
Samples: Director Indemnification Agreement (Coachmen Industries Inc)
No Presumptions. The termination of any action, suit or proceeding Proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the Indemnitee did not act in good faith and in a manner that he reasonably believed to be in or not opposed to the best interests of the Company, and with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful.
Appears in 1 contract
Samples: Indemnification Agreement (Metropolitan Health Networks Inc)
No Presumptions. The termination of any action, suit or 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 the Indemnitee did not act in good faith and in a manner that he reasonably believed to be in or not opposed to the best interests of the CompanyCorporation, and with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful.
Appears in 1 contract
No Presumptions. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the Indemnitee did not act in good faith and in a manner that he the Indemnitee reasonably believed to be in or not opposed to the best interests of the Company, and with respect to any criminal action or proceeding, had reasonable cause to believe knew that his the Indemnitee's conduct was unlawful.
Appears in 1 contract
Samples: Indemnification Agreement (Pediatrix Medical Group Inc)
No Presumptions. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere contender or its equivalent, shall not, of itself, create a presumption that the Indemnitee did not act in good faith and in a manner that which he reasonably believed to be in or not opposed to the best interests of the CompanyCorporation and, and with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful.
Appears in 1 contract
No Presumptions. The termination of any action, suit or proceeding Proceeding by judgment, order, settlement, conviction, conviction or upon a plea of nolo contendere NOLO CONTENDERE or its equivalent, equivalent shall not, not of itself, itself create a presumption (i) that the Indemnitee did not act in good faith and in a manner that which he reasonably believed to be in or not opposed to the best interests of the CompanyCorporation and/or its subsidiaries, and or (ii) with respect to any criminal action or proceeding, that the Indemnitee had reasonable cause to believe that his conduct was unlawfulcriminal.
Appears in 1 contract
No Presumptions. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that the Indemnitee did not act in good faith and in a manner that he the Indemnitee reasonably believed to be in or not opposed to the best interests of the CompanyCorporation, and with respect to any criminal action or proceeding, had reasonable cause to believe that his the Indemnitee’s conduct was unlawful.
Appears in 1 contract
Samples: Indemnification Agreement (Perry Ellis International Inc)
