Common use of Preservation of other rights Clause in Contracts

Preservation of other rights. Nothing in this Agreement is intended to, shall be construed to or shall release, waive or impair any rights to directors’ and officers’ insurance claims under any policy that is or has been in existence with respect to the Company or any of its Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 7.11 is not prior to or in substitution for any such claims under such policies.

Appears in 7 contracts

Samples: Merger Agreement (Imperva Inc), Merger Agreement (Barracuda Networks Inc), Merger Agreement (Gigamon Inc.)

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Preservation of other rights. Nothing in this Agreement is intended to, shall be construed to or shall release, waive or impair any rights to directors’ and officers’ insurance claims under any policy that is or has been in existence with respect to the Company or any of its the Company Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 7.11 5.10 is not prior to or in substitution for any such claims under such policies.

Appears in 4 contracts

Samples: Merger Agreement (Kadmon Holdings, Inc.), Merger Agreement (Luminex Corp), Merger Agreement (SolarWinds, Inc.)

Preservation of other rights. Nothing in this Agreement is intended to, shall be construed to or shall release, waive or impair any rights to directors’ and officers’ insurance claims under any policy that is or has been in existence with respect to the Company or any of its Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 7.11 7.10 is not prior to or in substitution for any such claims under such policies.

Appears in 2 contracts

Samples: Merger Agreement, Merger Agreement (Apigee Corp)

Preservation of other rights. Nothing in this Agreement is intended to, shall be construed to or shall release, waive waiver or impair any rights to directors’ and officers’ insurance claims under any policy that is or has been in existence with respect to the Company or any of its Subsidiaries for any of their respective directors, officers directors or other employeesofficers, it being understood and agreed that the indemnification provided for in this Section 7.11 6.9 is not prior to or in substitution for any such claims under such policies.

Appears in 1 contract

Samples: Merger Agreement (Medidata Solutions, Inc.)

Preservation of other rights. Nothing in this Agreement is intended to, shall be construed to or shall release, waive or impair any rights to directors’ and officers’ insurance claims under any policy that is or has been in existence with respect to the Company or any of its the Company Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 7.11 5.9 is not prior to or in substitution for any such claims under such policies.

Appears in 1 contract

Samples: Merger Agreement (Bazaarvoice Inc)

Preservation of other rights. Nothing in this Agreement is intended to, shall be construed to or shall release, waive or impair any rights to directors’ and officers’ insurance claims under any policy that is or has been in existence with respect to the Company or any of its the Company Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 7.11 6.7 is not prior to or in substitution for any such claims under such policies.

Appears in 1 contract

Samples: Merger Agreement (Chembio Diagnostics, Inc.)

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Preservation of other rights. Nothing in this Agreement is intended to, shall be construed to or shall release, waive or impair any rights to directors’ and officers’ insurance claims under any policy that is or has been in existence with respect to the Company or any of its the Company Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 7.11 6.8 is not prior to or in substitution for any such claims under such policies.

Appears in 1 contract

Samples: Agreement and Plan of Merger (TherapeuticsMD, Inc.)

Preservation of other rights. Nothing in this Agreement is intended to, shall will be construed to or shall will release, waive or impair any rights to directors’ and officers’ insurance claims under any policy that is or has been in existence with respect to the Company or any of its Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 7.11 7.10 is not prior to or in substitution for any such claims under such policies.

Appears in 1 contract

Samples: Merger Agreement (Summer Infant, Inc.)

Preservation of other rights. Nothing in this Agreement is intended to, shall be construed to or shall release, waive or impair any rights to directors’ and officers’ insurance claims under any policy that is or has been in existence with respect to the Company or any of its the Company’s Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 7.11 5.9 is not prior to or in substitution for any such claims under such policies.

Appears in 1 contract

Samples: Merger Agreement (Connecture Inc)

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