Common use of Nonexclusivity, Etc Clause in Contracts

Nonexclusivity, Etc. The rights of Indemnitee hereunder shall be in addition to any other rights Indemnitee may have under the Certificate of Incorporation or By-Laws, the General Corporation Law of the State of Delaware or otherwise. To the extent that a change in applicable law (whether by statute or judicial decision) permits greater indemnification by agreement than would be afforded as of the date hereof under the Certificate of Incorporation or By-Laws or this Agreement, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such change. To the extent that there is a conflict or inconsistency among the terms of this Agreement, the Certificate of Incorporation and By-Laws, it is the intent of the parties hereto that Indemnitee shall enjoy the greatest benefits regardless of whether contained herein or in the Certificate of Incorporation or By-Laws. No agreement or amendment or alteration of the Certificate of Incorporation or By-Laws or of any agreement, other than of this Agreement pursuant to the terms hereof, shall adversely affect the rights provided to Indemnitee under this Agreement. No change in applicable law shall have the effect of reducing the benefits available to Indemnitee hereunder.

Appears in 4 contracts

Samples: Indemnification Agreement (Genworth Mortgage Holdings, Inc.), Indemnification Agreement (Genworth Mortgage Holdings, Inc.), Indemnification Agreement (Trean Insurance Group, Inc.)

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Nonexclusivity, Etc. The rights of Indemnitee hereunder shall be in addition to any other rights Indemnitee may have under the Certificate of Incorporation or By-LawsBylaws, the General Corporation Law of the State of Delaware or otherwise. To the extent that a change in applicable law (whether by statute or judicial decision) permits greater indemnification by agreement than would be afforded as of the date hereof under the Certificate of Incorporation or By-Laws Bylaws or this Agreement, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such change. To the extent that there is a conflict or inconsistency among the terms of this Agreement, the Certificate of Incorporation and By-LawsBylaws, it is the intent of the parties hereto that Indemnitee shall enjoy the greatest benefits regardless of whether contained herein or in the Certificate of Incorporation or By-LawsBylaws. No agreement or amendment or alteration of the Certificate of Incorporation or By-Laws Bylaws or of any agreement, other than of this Agreement pursuant to the terms hereof, shall adversely affect the rights provided to Indemnitee under this Agreement. No change in applicable law shall have the effect of reducing the benefits available to Indemnitee hereunder.

Appears in 3 contracts

Samples: Indemnification Agreement (Genworth Financial Inc), Indemnification Agreement (Enact Holdings, Inc.), Indemnification Agreement (Kinsale Capital Group, Inc.)

Nonexclusivity, Etc. The rights of the Indemnitee hereunder shall be in addition to any other rights the Indemnitee may have under the Certificate of Incorporation or By-LawsIncorporation, the General Corporation Law of the State of Delaware (the “DGCL”) or otherwise. To the extent that a change in applicable law the DGCL (whether by statute or judicial decision) permits greater indemnification by agreement than would be afforded as of the date hereof currently under the Company’s Certificate of Incorporation or By-Laws or this Agreement, it is the intent of the parties hereto that the Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such change. To the extent that there is a conflict or inconsistency among between the terms of this Agreement, Agreement and the Certificate of Incorporation and By-LawsIncorporation, it is the intent of the parties hereto that the Indemnitee shall enjoy the greatest greater benefits regardless of whether contained herein herein, or in the Certificate of Incorporation or By-LawsIncorporation. No agreement or amendment or alteration of the Certificate of Incorporation or By-Laws Bylaws or of any agreement, other than of this Agreement pursuant to the terms hereof, agreement shall adversely affect the rights provided to the Indemnitee under this Agreement. No change limitation of the Indemnitee’s rights pursuant to this Agreement shall in applicable law shall have any way limit, or imply any limitation of, the effect of reducing the benefits available to Indemnitee hereunderIndemnitee’s rights under any other agreement.

Appears in 3 contracts

Samples: Indemnification Agreement (Tumi Holdings, Inc.), Indemnification Agreement (Tumi Holdings, Inc.), Indemnification Agreement (Tumi Holdings, Inc.)

Nonexclusivity, Etc. The rights of the Indemnitee hereunder shall be in addition to any other rights the Indemnitee may have under the Certificate Company’s Memorandum of Incorporation or By-LawsAssociation, the General Corporation Law Bye-Laws or the Companies Xxx 0000, as amended of the State of Delaware Bermuda or otherwise. To the extent that a change in applicable law or the interpretation thereof (whether by statute or judicial decision) permits greater indemnification by agreement than would be afforded as of the date hereof currently under the Certificate Company’s Memorandum of Incorporation or ByAssociation and the Bye-Laws or this AgreementLaws, it is the intent of the parties hereto that the Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such change. To the extent that there is a conflict or inconsistency among between the terms of this Agreement, Agreement and the Certificate of Incorporation and ByCompany’s Bye-Laws, it is the intent of the parties hereto that the Indemnitee shall enjoy the greatest greater benefits regardless of whether contained herein or herein, in the Certificate Company’s Memorandum of Incorporation Association or Bythe Bye-Laws. No agreement or amendment or alteration of the Certificate Company’s Memorandum of Incorporation Association or Bythe Bye-Laws or of any agreement, other than of this Agreement pursuant to the terms hereof, agreement shall adversely affect the rights provided to the Indemnitee under this Agreement. No change limitation of the Indemnitee’s rights pursuant to this Agreement shall in any way limit, or imply any limitation of, the Indemnitee’s rights under any other agreement or under applicable law shall have the effect of reducing the benefits available to Indemnitee hereunderlaw.

Appears in 2 contracts

Samples: Form of Indemnification Agreement (NDS Group Holdings, LTD), Indemnification Agreement (Freescale Semiconductor Holdings I, Ltd.)

Nonexclusivity, Etc. The rights of the Indemnitee hereunder shall be in addition to any other rights the Indemnitee may have under the Certificate of Incorporation or By-LawsIncorporation, the General Corporation Law of the State of Delaware (the “DGCL”) or otherwise. To the extent that a change in applicable law the DGCL (whether by statute or judicial decision) permits greater indemnification by agreement than would be afforded as of the date hereof currently under the Company’s Certificate of Incorporation or By-Laws or this Agreement, it is the intent of the parties hereto that the Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such change. To the extent that there is a conflict or inconsistency among between the terms of this Agreement, Agreement and the Certificate of Incorporation and By-LawsIncorporation, it is the intent of the parties hereto that the Indemnitee shall enjoy the greatest greater benefits regardless of whether contained herein or in the Certificate of Incorporation or By-LawsIncorporation. No agreement or amendment or alteration of the Certificate of Incorporation or By-Laws the Bylaws or of any agreement, other than of this Agreement pursuant to the terms hereof, agreement shall adversely affect the rights provided to the Indemnitee under this Agreement. No change limitation of the Indemnitee’s rights pursuant to this Agreement shall in applicable law shall have any way limit, or imply any limitation of, the effect of reducing the benefits available to Indemnitee hereunderIndemnitee’s rights under any other agreement.

Appears in 2 contracts

Samples: Indemnification Agreement (Scynexis Inc), Indemnification Agreement (Varonis Systems Inc)

Nonexclusivity, Etc. The rights of the Indemnitee hereunder shall be in addition to any other rights the Indemnitee may have under the Company’s Certificate of Incorporation or By-LawsIncorporation, the Delaware General Corporation Law of the State of Delaware or otherwise. To the extent that a change in applicable law the Delaware General Corporation Law (whether by statute or judicial decision) permits greater indemnification by agreement than would be afforded as of the date hereof currently under the Company’s Certificate of Incorporation or By-Laws or this Agreement, it is the intent of the parties hereto that the Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such change. To the extent that there is a conflict or inconsistency among between the terms of this Agreement, Agreement and the Certificate of Incorporation and By-LawsIncorporation, it is the intent of the parties hereto that the Indemnitee shall enjoy the greatest greater benefits regardless of whether contained herein herein, or in the Certificate of Incorporation or By-LawsIncorporation. No agreement or amendment or alteration of the Certificate of Incorporation or By-Laws Bylaws or of any agreement, other than of this Agreement pursuant to the terms hereof, agreement shall adversely affect the rights provided to the Indemnitee under this Agreement. No change limitation of the Indemnitee’s rights pursuant to this Agreement shall in applicable law shall have any way limit, or imply any limitation of, the effect of reducing the benefits available to Indemnitee hereunderIndemnitee’s rights under any other agreement.

Appears in 2 contracts

Samples: Form of Indemnification Agreement (EverBank Financial Corp), Form of Indemnification Agreement (EverBank Financial Corp)

Nonexclusivity, Etc. The rights of Indemnitee hereunder shall be in addition to any other rights Indemnitee may have under the Certificate Articles of Incorporation or By-LawsRegulations, the General Corporation Law of the State of Delaware Ohio Revised Code or otherwise. To the extent that a change in applicable law (whether by statute or judicial decision) permits greater indemnification by agreement than would be afforded as of the date hereof under the Certificate Articles of Incorporation or By-Laws Regulations or this Agreement, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such change. To the extent that there is a conflict or inconsistency among the terms of this Agreement, the Certificate Articles of Incorporation and By-LawsRegulations, it is the intent of the parties hereto that Indemnitee shall enjoy the greatest benefits regardless of whether contained herein or in the Certificate Articles of Incorporation or By-LawsRegulations. No agreement or amendment or alteration of the Certificate Articles of Incorporation or By-Laws Regulations or of any agreement, other than of this Agreement pursuant to the terms hereof, shall adversely affect the rights provided to Indemnitee under this Agreement. No change in applicable law shall have the effect of reducing the benefits available to Indemnitee hereunder.

Appears in 1 contract

Samples: Indemnification Agreement (Safe Auto Insurance Group, Inc.)

Nonexclusivity, Etc. The rights of the Indemnitee hereunder shall be in addition to any other rights the Indemnitee may have under the Company's Restated Certificate of Incorporation or By-LawsIncorporation, the Delaware General Corporation Law of the State of Delaware or otherwise. To the extent that a change in applicable law the Delaware General Corporation Law (whether by statute or judicial decision) permits greater indemnification by agreement than would be afforded as of the date hereof currently under the Company's Certificate of Incorporation or By-Laws or this Agreement, it is the intent of the parties hereto that the Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such change. To the extent that there is a conflict or inconsistency among between the terms of this Agreement, Agreement and the Restated Certificate of Incorporation and By-LawsIncorporation, it is the intent of the parties hereto that the Indemnitee shall enjoy the greatest greater benefits regardless of whether contained herein herein, or in the Restated Certificate of Incorporation or By-LawsIncorporation. No agreement or amendment or alteration of the Restated Certificate of Incorporation or By-Laws the Amended and Restated Bylaws or of any agreement, other than of this Agreement pursuant to the terms hereof, agreement shall adversely affect the rights provided to the Indemnitee under this Agreement. No change limitation of the Indemnitee's rights pursuant to this Agreement shall in applicable law shall have any way limit, or imply any limitation of, the effect of reducing the benefits available to Indemnitee hereunderIndemnitee's rights under any other agreement.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Edwards Lifesciences Corp)

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Nonexclusivity, Etc. The rights of Indemnitee hereunder shall be in addition to any other rights Indemnitee may have under the Company’s Certificate of Incorporation or By-LawsBylaws, the Delaware General Corporation Law of Law, any stockholders’ agreement, any other contract or otherwise (the State of Delaware or otherwise“Other Indemnification Provisions”). To the extent that a change in applicable law the Delaware General Corporation Law (whether by statute or judicial decision) permits greater indemnification by agreement than would be afforded as of the date hereof currently under the Certificate of Incorporation or By-Laws or this AgreementOther Indemnification Provisions, (i) it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such change. To the extent that there is a conflict or inconsistency among the terms of this Agreement, the Certificate of Incorporation change and By-Laws, it is the intent of the parties hereto that (ii) Indemnitee shall enjoy the greatest benefits regardless be deemed to have such greater indemnification hereunder. The Company shall not adopt any amendment to any of whether contained herein or in the its Certificate of Incorporation or By-Laws. No agreement or amendment or alteration of the Certificate of Incorporation or By-Laws or of any agreement, other than of this Agreement pursuant to the terms hereof, shall adversely affect the rights provided to Indemnitee under this Agreement. No change in applicable law shall have Bylaws the effect of reducing the benefits available which would be to Indemnitee hereunderdeny, diminish or encumber Indemnitee’s right to indemnification under this Agreement or any Other Indemnification Provision.

Appears in 1 contract

Samples: Indemnification Agreement (Duck Creek Technologies, Inc.)

Nonexclusivity, Etc. The rights of Indemnitee hereunder shall be in addition to any other rights Indemnitee may have under the Certificate of Incorporation or By-Laws, the Delaware General Corporation Law of the State of Delaware or otherwise. To the extent that a change in applicable law (whether by statute or judicial decision) permits greater indemnification by agreement than would be afforded as of the date hereof under the Certificate of Incorporation or By-Laws or this Agreement, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such change. To the extent that there is a conflict or inconsistency among the terms of this Agreement, the Certificate of Incorporation and By-Laws, it is the intent of the parties hereto that Indemnitee shall enjoy the greatest benefits regardless of whether contained herein or in the Certificate of Incorporation or By-Laws. No agreement or amendment or alteration of the Certificate of Incorporation or By-Laws or of any agreement, other than of this Agreement pursuant to the terms hereof, shall adversely affect the rights provided to Indemnitee under this Agreement. No change in applicable law shall have the effect of reducing the benefits available to Indemnitee hereunder.

Appears in 1 contract

Samples: Director and Officer Indemnification Agreement (El Pollo Loco Holdings, Inc.)

Nonexclusivity, Etc. The rights of Indemnitee hereunder shall be in addition to any other rights Indemnitee may have under the Certificate of Incorporation or By-LawsIncorporation, the Bylaws or the Delaware General Corporation Law Law, any agreement, vote of the State stockholders or resolution of Delaware directors, or otherwise. To the extent that a change in applicable law (whether by statute or judicial decision) permits greater indemnification by agreement than would be afforded as of the date hereof currently under the Certificate of Incorporation or By-Laws Incorporation, the Bylaws or this Agreement, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such change. To the extent that there is a conflict or inconsistency among between the terms of this Agreement, the Certificate of Incorporation and By-Lawsor the Bylaws, it is the intent of the parties hereto that the Indemnitee shall enjoy the greatest greater benefits regardless of whether contained herein or in the Certificate of Incorporation or By-Lawsthe Bylaws. No agreement or amendment or alteration of the Certificate of Incorporation or By-Laws the Bylaws or of any agreement, other than of this Agreement pursuant to the terms hereof, agreement shall adversely affect the rights provided to Indemnitee under this Agreement. No change in applicable law shall have the effect of reducing the benefits available to Indemnitee hereunder.

Appears in 1 contract

Samples: Form of Indemnification Agreement (AdvancePierre Foods Holdings, Inc.)

Nonexclusivity, Etc. The rights of the Indemnitee hereunder shall be in addition to any other rights the Indemnitee may have under the Certificate of Incorporation or By-LawsIncorporation, the General Corporation Law of the State of Delaware (the “DGCL”) or any other provision of law, in any court in which a proceeding is brought, under other agreements or otherwise. To the extent that a change in applicable law the DGCL (whether by statute or judicial decision) permits greater indemnification by agreement than would be afforded as of the date hereof currently under the Company’s Certificate of Incorporation or By-Laws or this Agreement, it is the intent of the parties hereto that the Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such change. To the extent that there is a conflict or inconsistency among between the terms of this Agreement, Agreement and the Certificate of Incorporation and By-LawsIncorporation, it is the intent of the parties hereto that the Indemnitee shall enjoy the greatest greater benefits regardless of whether contained herein herein, or in the Certificate of Incorporation or By-LawsIncorporation. No agreement or amendment or alteration of the Certificate of Incorporation or By-Laws Bylaws or of any agreement, other than of this Agreement pursuant to the terms hereof, agreement shall adversely affect the rights provided to the Indemnitee under this Agreement. No change limitation of the Indemnitee’s rights pursuant to this Agreement shall in applicable law shall have any way limit, or imply any limitation of, the effect of reducing the benefits available to Indemnitee hereunderIndemnitee’s rights under any other agreement.

Appears in 1 contract

Samples: Indemnification Agreement (BankUnited, Inc.)

Nonexclusivity, Etc. The rights of Indemnitee hereunder shall be in addition to any other rights Indemnitee may have under the Certificate Articles of Incorporation or Incorporation, the By-Laws, Laws or the General Indiana Business Corporation Law of the State of Delaware or otherwise. To the extent that a change in applicable law (whether by statute or judicial decision) permits greater indemnification by agreement than would be afforded as of the date hereof under the Certificate Articles of Incorporation or Incorporation, the By-Laws or this Agreement, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits so afforded by such change. To the extent that there is a conflict or inconsistency among the terms of this Agreement, the Certificate Articles of Incorporation and or the By-Laws, it is the intent of the parties hereto that Indemnitee shall enjoy the greatest benefits regardless of whether contained herein or in the Certificate Articles of Incorporation or the By-Laws. No agreement or amendment or alteration of the Certificate Articles of Incorporation or Incorporation, the By-Laws or of any agreement, other than of this Agreement pursuant to the terms hereof, agreement shall adversely affect the rights provided to Indemnitee under this Agreement. No change in applicable law shall have the effect of reducing the benefits available to Indemnitee hereunder.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Protective Insurance Corp)

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