Procedures Valid. The Company shall be precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Section 9 that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall stipulate in any such court or before any such arbitrator that the Company is bound by all of the provisions of this Agreement.
Appears in 13 contracts
Samples: Indemnification Agreement (Sucampo Pharmaceuticals, Inc.), Indemnification Agreement (Sucampo Pharmaceuticals, Inc.), Indemnification Agreement (Sucampo Pharmaceuticals, Inc.)
Procedures Valid. The Company shall be precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Section 9 Agreement that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall stipulate in any such court or before any such arbitrator that the Company is bound by all of the provisions of this Agreement. If a determination is made that the Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration.
Appears in 6 contracts
Samples: Indemnification Agreement (Rayonier Inc), Indemnification Agreement (Rayonier Inc), Indemnification Agreement (Rayonier Advanced Materials Inc.)
Procedures Valid. The Company shall be precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Section 9 8 that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall stipulate in any such court or before any such arbitrator that the Company is bound by all of the provisions of this Agreement.
Appears in 4 contracts
Samples: Indemnification Agreement (SoftBrands, Inc.), Indemnification Agreement (Restore Medical, Inc.), Indemnification Agreement (EnteroMedics Inc)
Procedures Valid. The Company shall be precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Section 9 Article VIII that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall stipulate in any such court Court or before any such arbitrator that the Company is bound by all of the provisions of this Agreement.
Appears in 4 contracts
Samples: Indemnification Agreement (Natural Health Trends Corp), Indemnification Agreement (Sinohub, Inc.), Indemnification Agreement (Natural Health Trends Corp)
Procedures Valid. The Company shall be precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Section 9 4 that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall stipulate in any such court or before any such arbitrator that the Company is contractually bound by all of the provisions of this Agreement.
Appears in 3 contracts
Samples: Indemnification Agreement (Scotts Liquid Gold Inc), Indemnification Agreement (Scotts Liquid Gold Inc), Indemnification Agreement (Scotts Liquid Gold Inc)
Procedures Valid. The Company shall be precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Section 9 7.5 that the procedures and presumptions of this Agreement Sections 7.3 and 7.4 are not valid, binding and enforceable and shall stipulate in any such court or before any such arbitrator arbitrators that the Company is bound by all of the provisions of this Agreement.
Appears in 3 contracts
Samples: Executive Employment Agreement (Nabors Industries LTD), Executive Employment Agreement (Nabors Industries LTD), Executive Employment Agreement (Nabors Industries LTD)
Procedures Valid. The Company shall be precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Section 9 that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall stipulate in any such court or before any such arbitrator that the Company is bound by all of the provisions of this Agreementenforceable.
Appears in 2 contracts
Samples: Indemnification Agreement (Flowserve Corp), Employment Agreement (Flowserve Corp)
Procedures Valid. The Company shall be precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Section 9 8 that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall stipulate in any such court or before any such arbitrator that the Company is bound by all of the provisions of this Agreement.
Appears in 1 contract
Procedures Valid. The Company shall be precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Section 9 ARTICLE VII that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall stipulate in any such court or before any such arbitrator that the Company is bound by all of the provisions of this Agreement.
Appears in 1 contract
Procedures Valid. The Company shall be is precluded from asserting in any judicial proceeding or arbitration commenced pursuant to this Section 9 8 that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall must stipulate in any such court or before any such arbitrator that the Company is bound by all of the provisions of this Agreement.. (f)
Appears in 1 contract
Samples: Form of Indemnification Agreement (Fargo Electronics Inc)
Procedures Valid. The Company shall be precluded from asserting in ---------------- any judicial proceeding or arbitration commenced pursuant to this Section 9 Article VIII that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall stipulate in any such court or before any such arbitrator that the Company is bound by all of the provisions of this Agreement.
Appears in 1 contract
