Common use of Nonexclusivity of Indemnification and Advancement of Expenses Clause in Contracts

Nonexclusivity of Indemnification and Advancement of Expenses. The indemnification and advancement of expenses provided by or granted pursuant to this Article 10 shall not be deemed exclusive of any other rights to which those seeking indemnification or advancement of expenses may be entitled under any governing document, agreement, contract, vote of members or disinterested Directors or pursuant to the direction (howsoever embodied) of any court of competent jurisdiction or otherwise, both as to action taken (or omitted to be taken) in his or her official capacity and as to action taken (or omitted to be taken) in another capacity while holding such office, it being the policy of the Company that indemnification of the persons specified in Sections 10.1 and 10.2 of this Article 10 shall be made to the fullest extent permitted by law. The provisions of this Article 10 shall not be deemed to prelude the indemnification of any person who is not specified in Sections 10.1 or 10.2 of this Article 10 but whom the Company has the power or obligation to indemnify under the provisions of the Act, or otherwise.

Appears in 3 contracts

Samples: Company Agreement (Entergy Arkansas Inc), Company Agreement (Entergy Mississippi Inc), Company Agreement (Entergy Gulf States Louisiana, LLC)

AutoNDA by SimpleDocs

Nonexclusivity of Indemnification and Advancement of Expenses. The indemnification and advancement of expenses provided by or granted pursuant to this Article 10 X shall not be deemed exclusive of any other rights to which those seeking indemnification or advancement of expenses may be entitled under any governing document, agreement, contract, vote of members Members or disinterested Directors Board of Directors, or pursuant to the direction (howsoever embodied) of any court of competent jurisdiction or otherwise, both as to action taken (or omitted to be taken) in his or her official capacity and as to action taken (or omitted to be taken) in another capacity while holding such office, it being the policy of the Company that indemnification of the persons specified in Sections Section 10.1 and Section 10.2 of this Article 10 shall be made to the fullest extent permitted by law. The provisions of this Article 10 X shall not be deemed to prelude preclude the indemnification of any person who is not specified in Sections Section 10.1 or Section 10.2 of this Article 10 but whom the Company has the power or obligation to indemnify under the provisions of the Act, Act or otherwise.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Antero Resources LLC), Limited Liability Company Agreement (Antero Resources Finance Corp), Limited Liability Company Agreement (Antero Resources Finance Corp)

Nonexclusivity of Indemnification and Advancement of Expenses. The indemnification and advancement of expenses provided by by, or granted pursuant to to, this Article 10 VIII shall not be deemed exclusive of any other rights to which those seeking indemnification or advancement of expenses may be entitled under any governing documentthe Certificate of Incorporation, these By-Laws, agreement, contract, vote of members stockholders or disinterested Directors or pursuant to the direction (howsoever embodied) of any court of competent jurisdiction directors or otherwise, both as to action taken (or omitted to be taken) in his or her such person’s official capacity and as to action taken (or omitted to be taken) in another capacity while holding such office, it being the policy of the Company corporation that indemnification of the persons specified in Sections 10.1 Section 1 and 10.2 Section 2 of this Article 10 V shall be made to the fullest extent permitted by law. The provisions of this Article 10 V shall not be deemed to prelude preclude the indemnification of any person who is not specified in Sections 10.1 Section 1 or 10.2 Section 2 of this Article 10 VIII but whom the Company corporation has the power or obligation to indemnify under the provisions of the ActDGCL, or otherwise.

Appears in 2 contracts

Samples: Merger Agreement (Ritchie Bros Auctioneers Inc), Merger Agreement (IAA, Inc.)

Nonexclusivity of Indemnification and Advancement of Expenses. The indemnification and advancement of expenses provided by or granted pursuant to this Article 10 Section 13 shall not be deemed exclusive of any other rights to which those seeking indemnification or advancement of expenses may be entitled under the Certificate of Formation or any governing document, agreement, contract, vote of members or disinterested Directors managers or pursuant to the direction (howsoever embodied) of any court of competent jurisdiction or otherwise, both as to action taken (or omitted to be taken) in his or her such person’s official capacity and as to action taken (or omitted to be taken) in another capacity while holding such office, it being the policy of the Company that indemnification of the persons specified in Sections 10.1 Section 13(a) and 10.2 of this Article 10 Section 13(b) shall be made to the fullest extent permitted by law. The provisions of this Article 10 Section 13 shall not be deemed to prelude preclude the indemnification of any person who is not specified in Sections 10.1 Section 13(a) or 10.2 of this Article 10 Section 13(b) but whom the Company has the power or obligation to indemnify under the provisions of the Act, or otherwise.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Virtu KCG Holdings LLC)

Nonexclusivity of Indemnification and Advancement of Expenses. The indemnification and advancement of expenses provided by or granted pursuant to this Article 10 X shall not be deemed exclusive of any other rights to which those seeking indemnification or advancement of expenses may be entitled under any governing document, agreement, contract, vote of members Partners or disinterested Board of Directors or pursuant to the direction (howsoever embodied) of any court of competent jurisdiction jurisdiction, arbitrator or otherwise, both as to action taken (or omitted to be taken) in his or her official capacity and as to action taken (or omitted to be taken) in another capacity while holding such office, it being the policy of the Company Partnership that indemnification of the persons specified in Sections 10.1 and 10.2 of this Article 10 Indemnitees shall be made to the fullest extent permitted by applicable law. The provisions of this Article 10 X shall not be deemed to prelude preclude the indemnification of any person Person who is not specified in Sections 10.1 or 10.2 Section 10.01 of this Article 10 Agreement, but whom the Company Partnership has the power or obligation to indemnify under the provisions of the Act, Act or otherwise.

Appears in 1 contract

Samples: Limited Partnership Agreement (Pattern Energy Group Inc.)

Nonexclusivity of Indemnification and Advancement of Expenses. The indemnification and advancement of expenses provided by or granted pursuant to this Article 10 XII shall not be deemed exclusive of any other rights to which those seeking indemnification or advancement of expenses may be entitled under any governing document, agreement, contract, vote of members Members or disinterested Directors Managers or pursuant to the direction (howsoever embodied) of any court of competent jurisdiction or otherwise, both as to action taken (or omitted to be taken) in his or her such Person’s official capacity and as to action taken (or omitted to be taken) in another capacity while holding such office, it being the policy of the Company that indemnification of the persons Persons specified in Sections 10.1 and 10.2 of this Article 10 Section 12.01 shall be made to the fullest extent permitted by law. The provisions of this Article 10 XII shall not be deemed to prelude preclude the indemnification of any person Person who is not specified in Sections 10.1 or 10.2 of this Article 10 Section 12.01, but whom the Company has the power or obligation to indemnify under the provisions of the Act, DLLCA or otherwise.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Pinnacle Gas Resources, Inc.)

Nonexclusivity of Indemnification and Advancement of Expenses. The indemnification and advancement of expenses provided by by, or granted pursuant to to, this Article 10 IX shall not be deemed exclusive of any other rights to which those seeking indemnification or advancement of expenses may be entitled under any governing documentthe Certificate of Incorporation, these bylaws, agreement, contract, vote of members stockholders or disinterested Directors or pursuant to the direction (howsoever embodied) of any court of competent jurisdiction directors or otherwise, both as to action taken (or omitted to be taken) in his or her such person’s official capacity and as to action taken (or omitted to be taken) in another capacity while holding such office, it being the policy of the Company Corporation that indemnification of the persons specified in Sections 10.1 and 10.2 of this Article 10 Section 9.1 or 9.2 shall be made to the fullest extent permitted by law. The provisions of this Article 10 IX shall not be deemed to prelude preclude the indemnification of any person who is not specified in Sections 10.1 Section 9.1 or 10.2 of this Article 10 Section 9.2 but whom the Company Corporation has the power or obligation to indemnify under the provisions of the ActDGCL, or otherwiseotherwise and the rights of directors, officers and other persons to indemnification and advancement of expenses shall be as provided in the Certificate of Incorporation, any Bylaw or any separate indemnification agreement between the Corporation and any such director, officer or other person.

Appears in 1 contract

Samples: Business Combination Agreement (ITHAX Acquisition Corp.)

Nonexclusivity of Indemnification and Advancement of Expenses. The indemnification and advancement of expenses provided by or granted pursuant to this Article 10 ARTICLE IX shall not be deemed exclusive of any other rights to which those a Covered Person seeking indemnification or advancement of expenses may be entitled under any governing document, agreement, contract, vote of members Members or disinterested Directors Management Committee or pursuant to the direction (howsoever embodied) of any court of competent jurisdiction or otherwise, both as to action taken (or omitted to be taken) in his or her such Covered Person’s official capacity and as to action taken (or omitted to be taken) in another capacity while holding such office, it being the policy of the Company that indemnification of the persons Persons specified in Sections 10.1 and 10.2 of this Article 10 Section 9.01 shall be made to the fullest extent permitted by lawLaw. The provisions of this Article 10 ARTICLE IX shall not be deemed to prelude preclude the indemnification of any person Person who is not specified in Sections 10.1 or 10.2 of this Article 10 Section 9.01, but whom the Company has the power or obligation to indemnify under the provisions of the Act, Act or otherwise.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Enbridge Energy Partners Lp)

Nonexclusivity of Indemnification and Advancement of Expenses. The indemnification and advancement of expenses provided by or granted pursuant to this Article 10 X shall not be deemed exclusive of any other rights to which those a Covered Person seeking indemnification or advancement of expenses may be entitled under any governing document, agreement, contract, vote of members Members or disinterested Directors Management Committee or pursuant to the direction (howsoever embodied) of any court of competent jurisdiction or otherwise, both as to action taken (or omitted to be taken) in his or her such Covered Person’s official capacity and as to action taken (or omitted to be taken) in another capacity while holding such office, it being the policy of the Company that indemnification of the persons Persons specified in Sections 10.1 and 10.2 of this Article 10 Section 10.01 shall be made to the fullest extent permitted by lawLaw. The provisions of this Article 10 X shall not be deemed to prelude preclude the indemnification of any person Person who is not specified in Sections 10.1 or 10.2 of this Article 10 Section 10.01, but whom the Company has the power or obligation to indemnify under the provisions of the Act, Act or otherwise.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Enbridge Energy Partners Lp)

Nonexclusivity of Indemnification and Advancement of Expenses. The indemnification and advancement of expenses provided by or granted pursuant to this Article 10 9 shall not be deemed exclusive of any other rights to which those seeking indemnification or advancement of expenses may be entitled under any governing document, agreement, contract, vote of members or disinterested Directors or pursuant to the direction (howsoever embodied) of any court of competent jurisdiction or otherwise, both as to action taken (or omitted to be taken) in his or her official capacity and as to action taken (or omitted to be taken) in another capacity while holding such office, it being the policy of the Company that indemnification of the persons specified in Sections 10.1 9.1 and 10.2 9.2 of this Article 10 9 shall be made to the fullest extent permitted by law. The provisions of this Article 10 9 shall not be deemed to prelude preclude the indemnification of any person who is not specified in Sections 10.1 9.1 or 10.2 9.2 of this Article 10 9 but whom the Company has the power or obligation to indemnify under the provisions of the Act, or otherwise.

Appears in 1 contract

Samples: Company Agreement (Entergy Gulf States Louisiana, LLC)

Nonexclusivity of Indemnification and Advancement of Expenses. The indemnification and advancement of expenses provided by by, or granted pursuant to to, this Article 10 VIII shall not be deemed exclusive of any other rights to which those seeking indemnification or advancement of expenses may be entitled under any governing documentthe Certificate of Incorporation, these By-Laws, agreement, contract, vote of members stockholders or disinterested Directors or pursuant to the direction (howsoever embodied) of any court of competent jurisdiction directors or otherwise, both as to action taken (or omitted to be taken) in his or her such person’s official capacity and as to action taken (or omitted to be taken) in another capacity while holding such office, it being the policy of the Company Corporation that indemnification of the persons specified in Sections 10.1 Section 1 and 10.2 Section 2 of this Article 10 VIII shall be made to the fullest extent permitted by law. The provisions of this Article 10 VIII shall not be deemed to prelude preclude the indemnification of any person who is not specified in Sections 10.1 Section 1 or 10.2 Section 2 of this Article 10 VIII but whom the Company Corporation has the power or obligation to indemnify under the provisions of the ActDGCL, or otherwise.

Appears in 1 contract

Samples: Merger Agreement (Cornerstone Therapeutics Inc)

AutoNDA by SimpleDocs

Nonexclusivity of Indemnification and Advancement of Expenses. The indemnification and advancement of expenses provided by or granted pursuant to this Article 10 IX shall not be deemed exclusive of any other rights to which those seeking indemnification or advancement of expenses may be entitled under the Certificate, any governing documentbylaw, agreement, contract, vote of members stockholders or disinterested Directors or pursuant to the direction (howsoever embodied) of any court of competent jurisdiction directors or otherwise, both as to action taken (or omitted to be taken) in his or her such person’s official capacity and as to action taken (or omitted to be taken) in another capacity while holding such office, it being the policy of the Company corporation that indemnification of the persons specified in Sections 10.1 Section 9.1 and 10.2 Section 9.2 of this Article 10 these bylaws shall be made to the fullest extent permitted by law. The provisions of this Article 10 IX shall not be deemed to prelude preclude the indemnification of any person who is not specified in Sections 10.1 Section 9.1 or 10.2 Section 9.2 of this Article 10 these bylaws but whom the Company corporation has the power or obligation to indemnify under the provisions of the ActDGCL, or otherwise. The corporation is specifically authorized to enter into individual contracts with any or all of its directors, officers, employees or agents respecting indemnification and advances, to the fullest extent not prohibited by the DGCL, or by any other applicable law.

Appears in 1 contract

Samples: Securities Purchase Agreement (Boulder Specialty Brands, Inc.)

Nonexclusivity of Indemnification and Advancement of Expenses. The indemnification and advancement of expenses provided by or granted pursuant to this Article 10 VIII shall not be deemed exclusive of any other rights to which those seeking indemnification or advancement of expenses may be entitled under any governing document, agreement, contract, vote of members Members or disinterested Directors Board of Managers, or pursuant to the direction (howsoever embodied) of any court of competent jurisdiction or otherwise, both as to action taken (or omitted to be taken) in his or her official capacity and as to action taken (or omitted to be taken) in another capacity while holding such office, it being the policy of the Company that indemnification of the persons Persons specified in Sections 10.1 8.1 and 10.2 of this Article 10 8.2 shall be made to the fullest extent permitted under the Delaware General Corporation Law with respect to the indemnification by lawa Delaware corporation of its officers and directors. The provisions of this Article 10 VIII shall not be deemed to prelude preclude the indemnification of any person Person who is not specified in Sections 10.1 Section 8.1 or 10.2 of this Article 10 Section 8.2 but whom the Company has the power or obligation to indemnify under the provisions of the Act, Act or otherwise.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Black Ridge Oil & Gas, Inc.)

Nonexclusivity of Indemnification and Advancement of Expenses. The indemnification and advancement of expenses provided by or granted pursuant to this Article 10 shall not be deemed exclusive of any other rights to which those seeking indemnification or advancement of expenses may be entitled under any governing document, agreement, contract, or vote of members or disinterested Directors or pursuant to the direction (howsoever embodied) of any court of competent jurisdiction or otherwise, both as to action taken (or omitted to be taken) in his or her official capacity and as to action taken (or omitted to be taken) in another capacity while holding such office, it being the policy of the Company that indemnification of the persons specified in Sections 10.1 and 10.2 of this Article 10 shall be made to the fullest extent permitted by law. The provisions of this Article 10 shall not be deemed to prelude preclude the indemnification of any person who is not specified in Sections 10.1 or 10.2 of this Article 10 but whom the Company has the power or obligation to indemnify under the provisions of the Act, or otherwise.

Appears in 1 contract

Samples: Company Agreement (Entergy New Orleans, Inc)

Nonexclusivity of Indemnification and Advancement of Expenses. The indemnification and advancement of expenses provided by or granted pursuant to this Article 10 VIII shall not be deemed exclusive of any other rights to which those seeking indemnification or advancement of expenses may be entitled under any governing document, agreement, contract, vote of members Members or disinterested Directors Manager or pursuant to the direction (howsoever embodied) of any court of competent jurisdiction or otherwise, both as to action taken (or omitted to be taken) in his or her a Covered Person’s official capacity and as to action taken (or omitted to be taken) in another capacity while holding such office, it being the policy of the Company that indemnification of the persons specified in Sections 10.1 and 10.2 of this Article 10 8.1 shall be made to the fullest extent permitted by lawlaw but only if the Manager authorizes such broader protection than set forth in the other provisions of this Article VIII. The provisions of this Article 10 VIII shall not be deemed to prelude preclude the indemnification of any person who is not specified in Sections 10.1 or 10.2 of this Article 10 Section 8.1 but whom the Company has the power or obligation to indemnify under the provisions of the Act, Act or otherwise.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Westmoreland Coal Co)

Nonexclusivity of Indemnification and Advancement of Expenses. The indemnification and advancement of expenses provided by or granted pursuant to this Article 10 Section shall not be deemed exclusive of any other rights to which those seeking indemnification or advancement of expenses may be entitled under any governing document, agreement, contract, vote of members or disinterested Directors managers or pursuant to the direction (howsoever embodied) of any court of competent jurisdiction or otherwise, both as to action taken (or omitted to be taken) in his or her official capacity and as to action taken (or omitted to be taken) in another capacity while holding such office, it being the policy of the Company that indemnification of the persons specified in Sections 10.1 subsections 19.1 and 10.2 19.2 of this Article 10 Section shall be made to the fullest extent permitted by law. The provisions of this Article 10 Section shall not be deemed to prelude preclude the indemnification of any person who is not specified in Sections 10.1 or 10.2 subsections 19.1 and 19.2 of this Article 10 Section but whom the Company has the power or obligation to indemnify under the provisions of the ActLaws of the State of Delaware, or otherwise.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (St Louis Riverboat Entertainment Inc)

Nonexclusivity of Indemnification and Advancement of Expenses. The indemnification and advancement of expenses provided by or granted pursuant to this Article 10 ‎Article X shall not be deemed exclusive of any other rights to which those seeking indemnification or advancement of expenses may be entitled under any governing document, agreement, contract, vote of members Partners or disinterested Board of Directors or pursuant to the direction (howsoever embodied) of any court of competent jurisdiction jurisdiction, arbitrator or otherwise, both as to action taken (or omitted to be taken) in his or her official capacity and as to action taken (or omitted to be taken) in another capacity while holding such office, it being the policy of the Company Partnership that indemnification of the persons specified in Sections 10.1 and 10.2 of this Article 10 Indemnitees shall be made to the fullest extent permitted by applicable law. The provisions of this Article 10 ‎Article X shall not be deemed to prelude preclude the indemnification of any person Person who is not specified in Sections 10.1 or 10.2 ‎Section 10.01 of this Article 10 Agreement, but whom the Company Partnership has the power or obligation to indemnify under the provisions of the Act, Act or otherwise.

Appears in 1 contract

Samples: Limited Partnership Agreement (Pattern Energy Group Inc.)

Nonexclusivity of Indemnification and Advancement of Expenses. The indemnification and advancement of expenses provided by or granted pursuant to this Article 10 ARTICLE X shall not be deemed exclusive of any other rights to which those seeking indemnification or advancement of expenses may be entitled under any governing document, agreement, contract, a vote of members Members or disinterested Directors determination by the Manager, or pursuant to the direction (howsoever embodied) of any court of competent jurisdiction or otherwise, both as to action taken (or omitted to be taken) in his or her official capacity and as to action taken (or omitted to be taken) in another capacity while holding such office, it being the policy of the Company that indemnification of the persons Persons specified in Sections 10.1 and 10.2 of this Article 10 Section 10.01 shall be made to the fullest extent permitted by lawApplicable Law. The provisions of this Article 10 ARTICLE X shall not be deemed to prelude preclude the indemnification of any person Person who is not specified in Sections 10.1 or 10.2 of this Article 10 Section 10.01, but whom the Company has the power or obligation to indemnify under the provisions of the Act, Act or otherwise.

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Laredo Oil, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!