Not Prejudiced by Adverse Determination. In the event that a determination shall have been made pursuant to Section 5(b) hereof that the Indemnitee is not entitled to indemnification, any Proceeding commenced pursuant to this Section 11 shall be conducted in all respects as a de novo trial, or arbitration, on the merits and the Indemnitee shall not be prejudiced by reason of that adverse determination.
Appears in 10 contracts
Samples: Director and Officer Indemnification Agreement (EVERTEC, Inc.), Director and Officer Indemnification Agreement (Napco Security Technologies, Inc), Director and Officer Indemnification Agreement
Not Prejudiced by Adverse Determination. In the event that a determination shall have been made pursuant to Section 5(b4(b) hereof of this Agreement that the Indemnitee is not entitled to indemnification, any Proceeding commenced pursuant to this Section 11 10 shall be conducted in all respects as a de novo trial, or arbitration, on the merits and the Indemnitee shall not be prejudiced by reason of that adverse determination.
Appears in 6 contracts
Samples: Indemnification Agreement (Vistra Corp.), Director Indemnification Agreement (Vistra Energy Corp), Director Indemnification Agreement (Vistra Energy Corp)
Not Prejudiced by Adverse Determination. In the event that a determination shall have been made pursuant to Section 5(b) hereof of this Agreement that the Indemnitee is not entitled to indemnification, any Proceeding commenced pursuant to this Section 11 7 shall be conducted in all respects as a de novo trial, or arbitration, on the merits and the Indemnitee shall not be prejudiced by reason of that adverse determination.
Appears in 2 contracts
Samples: Director and Officer Indemnification Agreement (Rexnord Corp), Director and Officer Indemnification Agreement (Francesca's Holdings CORP)
Not Prejudiced by Adverse Determination. In the event that a determination Determination shall have been made pursuant to Section 5(b) hereof that the Indemnitee is not entitled to indemnification, any Proceeding commenced pursuant to this Section 11 shall be conducted in all respects as a de novo trial, or arbitration, on the merits and the Indemnitee shall not be prejudiced by reason of that adverse determinationDetermination.
Appears in 2 contracts
Samples: Indemnification Agreement (Aperion Biologics, Inc.), Indemnification Agreement (Sangamo Biosciences Inc)
Not Prejudiced by Adverse Determination. In the event that a determination shall have been made pursuant to Section 5(b) hereof of this Agreement that the Indemnitee is not entitled to indemnification, any Proceeding commenced pursuant to this Section 11 shall be conducted in all respects as a de novo trial, or arbitration, on the merits and the Indemnitee shall not be prejudiced by reason of that adverse determination.
Appears in 1 contract
Samples: Director and Officer Indemnification Agreement (Rexnord Corp)
Not Prejudiced by Adverse Determination. In the event that a determination shall have been made pursuant to Section 5(b7(c) hereof that the Indemnitee is not entitled to indemnification, any Proceeding proceeding commenced pursuant to this Section 11 7(f) shall be conducted in all respects as a de novo trial, or arbitration, on the merits and the Indemnitee shall not be prejudiced by reason of that adverse determination.
Appears in 1 contract
Samples: Indemnification Agreement (Sangamo Therapeutics, Inc)
