Common use of Proceeding Clause in Contracts

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed action, suit or other proceeding, whether civil, criminal, administrative, investigative, legislative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 79 contracts

Samples: Indemnification Agreement (Compass, Inc.), Indemnity Agreement (Spyre Therapeutics, Inc.), Indemnity Agreement (Aeglea BioTherapeutics, Inc.)

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Proceeding. For the purposes of this Agreement, “Proceedingproceeding” means any threatened, pending, or completed action, suit or other proceeding, whether civil, criminal, administrative, or investigative, legislative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 56 contracts

Samples: Indemnity Agreement (Applied Digital Corp.), Indemnity Agreement, Separation Agreement (Immersion Corp)

Proceeding. For the purposes of this Agreement, “Proceeding” "proceeding" means any threatened, pending, or completed action, suit or other proceeding, whether civil, criminal, administrative, or investigative, legislative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 44 contracts

Samples: Indemnity Agreement (Gsi Technology Inc), Indemnity Agreement (Regal Entertainment Group), Indemnity Agreement (Kintera Inc)

Proceeding. For the purposes of this Agreement, “Proceedingproceeding” means any threatened, pending, or completed action, suit suit, or other proceeding, whether civil, criminal, administrative, or investigative, legislative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 43 contracts

Samples: Merger Agreement (Synergy CHC Corp.), Indemnification Agreement (Health in Tech, Inc.), Share Exchange Agreement (Peregrine Industries Inc)

Proceeding. For the purposes of this Agreement, “Proceedingproceeding” means any threatened, pending, or completed action, suit or other proceeding, whether civil, criminal, administrative, investigative, legislative investigative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 38 contracts

Samples: Indemnification & Liability (Blum Holdings, Inc.), Indemnification & Liability (Blum Holdings, Inc.), Indemnification Agreement (Blum Holdings, Inc.)

Proceeding. For the purposes of this Agreement, “Proceeding” "proceeding" means any threatened, pending, or completed action, suit or other proceeding, whether civil, criminal, administrative, investigative, legislative investigative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 23 contracts

Samples: Indemnification Agreement (Granite Construction Inc), Indemnification Agreement (Wesley Jessen Visioncare Inc), Indemnification Agreement (Integrated Circuit Systems Inc)

Proceeding. For the purposes of this Agreement, “Proceedingproceeding” means any threatened, pending, pending or completed action, suit or other proceeding, whether civil, criminal, administrative, investigative, legislative investigative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 18 contracts

Samples: Indemnity Agreement (Selectis Health, Inc.), Indemnification Agreement (Ipsidy Inc.), Indemnification Agreement (Gopher Protocol Inc.)

Proceeding. For the purposes of this Agreement, “Proceedingproceeding” means any threatened, pending, pending or completed action, suit or other proceeding, whether civil, criminal, administrative, investigativelegislative, legislative investigative or of any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoingforegoing commenced by or on behalf of the Company, derivatively or otherwise.

Appears in 16 contracts

Samples: Employment Agreement, Employment Agreement (Cadence Design Systems Inc), Employment Agreement (Cadence Design Systems Inc)

Proceeding. For the purposes of this Agreement, “Proceeding” "proceeding" means any threatened, pending, pending or completed action, suit or other proceeding, whether civil, criminal, administrative, investigative, legislative investigative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 14 contracts

Samples: Indemnity Agreement (Alibris Inc), Indemnification Agreement (Dexcom Inc), Indemnification Agreement (Gas & Oil Technology Inc)

Proceeding. For the purposes of this Agreement, “Proceeding” "proceeding" ---------- means any threatened, pending, or completed action, suit or other proceeding, whether civil, criminal, administrative, or investigative, legislative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 13 contracts

Samples: Indemnity Agreement (Power Integrations Inc), Indemnity Agreement (PSW Technologies Inc), Indemnity Agreement (Zhone Technologies Inc)

Proceeding. For the purposes of this Agreement, "Proceeding" means any threatened, pending, pending or completed action, suit or other proceeding, whether civil, criminal, administrative, investigative, legislative investigative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 10 contracts

Samples: Indemnity Agreement (Evans & Sutherland Computer Corp), Indemnification Agreement (Kendle International Inc), Indemnification Agreement (Kendle International Inc)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed action, suit suit, claim or other proceeding, whether civil, criminal, administrative, investigative, legislative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 9 contracts

Samples: Indemnification & Liability (BioAge Labs, Inc.), Indemnity Agreement (BuzzFeed, Inc.), Indemnity Agreement (Nextdoor Holdings, Inc.)

Proceeding. For the purposes of this Agreement, a “Proceeding” means any threatened, pending, or completed action, suit suit, arbitration, alternate dispute resolution process, investigation, administrative hearing, appeal, inquiry or other proceeding, whether civil, criminal, administrative, investigative, legislative investigative or any other type whatsoever, preliminary, informal whether formal or formalinformal, including any arbitration or other alternative dispute resolution and including any appeal a proceeding initiated by Indemnitee pursuant to Section 9 of any of the foregoingthis Agreement to enforce Indemnitee’s rights hereunder.

Appears in 9 contracts

Samples: Employment Agreement (Nac Global Technologies, Inc.), Indemnification Agreement (xG TECHNOLOGY, INC.), Indemnification Agreement (NXT-Id, Inc.)

Proceeding. For the purposes of this Agreement, “Proceeding” "proceeding" means any threatened, pending, pending or completed action, suit suit, inquiry or other proceeding, whether civil, criminal, administrative, investigative, legislative investigative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 6 contracts

Samples: Indemnification Agreement (InfoSearch Media, Inc.), Indemnification Agreement (Goldstrike Inc), Indemnification Agreement (High Tide Ventures, Inc.)

Proceeding. For the purposes of this Agreement, “Proceeding” "proceeding" ---------- ---------- means any threatened, pending, pending or completed action, suit or other proceeding, whether civil, criminal, administrative, investigative, legislative investigative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 6 contracts

Samples: Indemnification Agreement (Keynote Systems Inc), Indemnification Agreement (Centaur Pharmaceuticals Inc), Indemnification Agreement (Tsi International Software LTD)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, pending or completed action, suit or other proceeding, whether civil, criminal, administrative, investigative, legislative investigative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 5 contracts

Samples: Indemnity Agreement (Vanguard Natural Resources, Inc.), Indemnification Agreement (Transocean Partners LLC), Separation and Release of Claims Agreement (ZAGG Inc)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed action, suit or other proceeding, whether civil, criminal, administrative, investigative, legislative or any other type whatsoever, preliminary, informal formal or formalinformal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 4 contracts

Samples: Executive Employment Agreement (ShoreTel Inc), Indemnification Agreement (ShoreTel Inc), Indemnity Agreement (Transforma Acquisition Group Inc.)

Proceeding. For the purposes of this Agreement, "Proceeding" means any threatened, pending, or completed action, suit suit, claim or other proceeding, whether civil, criminal, administrative, investigative, legislative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 4 contracts

Samples: Indemnification Agreement (Starfighters Space, Inc.), Indemnity Agreement (Starfighters Space, Inc.), Indemnification Agreement (Starfighters Space, Inc.)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed action, suit or other proceeding, whether civil, criminal, administrative, investigative, legislative investigative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 3 contracts

Samples: Indemnification Agreement (Dexcom Inc), Indemnification Agreement (Dexcom Inc), Indemnification Agreement (Symantec Corp)

Proceeding. For the purposes of this Indemnification Agreement, “Proceeding” means any threatened, pending, or completed action, suit or other proceeding, whether civil, criminal, administrative, investigative, legislative investigative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 3 contracts

Samples: Indemnification Agreement (Sport Supply Group, Inc.), Indemnification Agreement (Collegiate Pacific Inc), Indemnification Agreement (Collegiate Pacific Inc)

Proceeding. For the purposes of this Agreement, “Proceedingproceeding” means any threatened, pending, or completed action, suit suit, claim, demand, arbitration, alternative dispute resolution mechanism, investigation, inquiry, administrative hearing, or any other actual, threatened or completed proceeding, including any and all appeals, whether brought by or in the right of the Company or otherwise, whether civil, criminal, administrative, investigative, legislative investigative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 2 contracts

Samples: Indemnification Agreement (Forestar Group Inc.), Indemnification Agreement (Forestar Group Inc.)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed action, suit suit, claim, counterclaim, crossclaim or other proceeding, whether civil, criminal, administrative, investigative, legislative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 2 contracts

Samples: Indemnity Agreement (Borqs Technologies, Inc.), Indemnity Agreement (Marin Software Inc)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed action, suit or other proceeding, whether civil, criminal or administrative and including any appeal thereof, or any inquiry or investigation, whether instituted by the Company or any governmental agency or any other party, that Indemnitee in good faith believes might lead to the institution of any such action, suit or other proceeding, whether civil, criminal, administrative, investigative, legislative investigative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoingmechanism.

Appears in 2 contracts

Samples: Indemnity Agreement (Hanmi Financial Corp), Indemnity Agreement (Hanmi Financial Corp)

Proceeding. For the purposes of this Agreement, "Proceeding" means any threatened, pending, or completed action, suit or other proceeding, whether civil, criminal, administrative, investigative, legislative investigative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 2 contracts

Samples: Indemnity Agreement (Matritech Inc/De/), Indemnity Agreement (Copley Pharmaceutical Inc)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed action, suit or other proceedingproceeding or any inquiry or investigation, whether conducted by the Company or any other party, including any governmental agency, which the Indemnitee in good faith believes might lead to, or does result in, the institution of any such action, suit or proceeding whether civil, criminal, administrative, investigativearbitrational, legislative investigative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoingotherwise.

Appears in 1 contract

Samples: Indemnification Agreement (Dorchester Minerals, L.P.)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed action, suit or other proceeding, whether civil, criminal, administrative, or investigative, legislative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 1 contract

Samples: Indemnity Agreement (Atwood Minerals & Mining CORP.)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed action, suit or other proceeding, whether civil, criminal, administrative, investigative, legislative legislative, or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 1 contract

Samples: Indemnification Agreement (Redfin Corp)

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Proceeding. For the purposes of this Agreement, a “Proceeding” means any threatened, pending, or completed action, suit or other proceeding, whether civil, criminal, administrative, administrative or investigative, legislative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 1 contract

Samples: Indemnity Agreement (Trident Microsystems Inc)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed action, suit or other proceeding, whether brought in the right of the Company or otherwise and whether civil, criminal, administrative, investigative, legislative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 1 contract

Samples: Indemnity Agreement (Tailwind Two Acquisition Corp.)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed action, suit suit, claim, or other proceeding, whether civil, criminal, administrative, investigative, legislative legislative, or any other type whatsoever, preliminary, informal informal, or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 1 contract

Samples: Indemnity Agreement (Remitly Global, Inc.)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed action, suit or other proceeding, whether civil, criminal, administrative, investigative, legislative or any other type whatsoever, preliminary, informal or formalother, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoingforegoing and whether made pursuant to federal, state or other law.

Appears in 1 contract

Samples: Indemnity Agreement (Accel Entertainment, Inc.)

Proceeding. For the purposes of this Agreement, “Proceeding” means any a threatened, pending, pending or completed action, suit or other proceeding, whether civil, criminal, administrative, administrative or investigative, legislative including without limitation a claim, demand, discovery request, formal or any other type whatsoeverinformal investigation, preliminaryinquiry, informal or formaladministrative hearing, including any arbitration or other form of alternative dispute resolution and resolution, including any an appeal of from any of the foregoing.

Appears in 1 contract

Samples: Indemnification Agreement (Unique Fabricating, Inc.)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed claim, demand, action, suit suit, inquiry or other proceeding, whether brought by or in the right of the Company or otherwise and whether civil, criminal, administrative, investigative, legislative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 1 contract

Samples: Indemnity Agreement (ADESTO TECHNOLOGIES Corp)

Proceeding. For the purposes of this Agreement, “Proceeding” "proceeding" means any threatened, pending, or completed action, suit suit, alternative dispute resolution mechanism (including but not limited to an arbitration or mediation), hearing, inquiry, investigation, or other proceeding, whether civil, criminal, administrative, legislative or investigative, legislative or of any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and all appeals, and including any appeal of any of the foregoingforegoing commenced by or on behalf of the Company, derivatively or otherwise.

Appears in 1 contract

Samples: Indemnification Agreement (CalAmp Corp.)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed action, suit suit, inquiry or other proceeding, whether brought by or in the right of the Company or otherwise and whether civil, criminal, administrative, investigative, legislative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 1 contract

Samples: Indemnity Agreement (Workday, Inc.)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed action, suit or other proceeding, whether brought in the right of the Company or otherwise, whether civil, criminal, administrative, regulatory, investigative, legislative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 1 contract

Samples: Indemnity Agreement (Laffin Acquisition Corp.)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed action, suit suit, arbitration, alternative dispute resolution mechanism, claim, investigation, inquiry, administrative hearing, or any other actual or threatened or other proceeding, whether civil, criminal, administrative, investigative, legislative investigative or any other type whatsoever; provided, preliminaryhowever, informal that Proceedings shall not include an action by or formal, including any arbitration or other alternative dispute resolution and including any appeal of any in the right of the foregoingCompany or any Subsidiary of the Company.

Appears in 1 contract

Samples: Indemnity Agreement (Chaparral Energy, Inc.)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed action, suit or other proceeding, whether brought in the right of the Company or otherwise, whether civil, criminal, administrative, investigative, legislative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 1 contract

Samples: Indemnity Agreement (Augmedix, Inc.)

Proceeding. For the purposes of this Agreement, Proceeding” means any threatened, pending, pending or completed action, suit or other proceedingProceeding, whether civil, criminal, administrative, investigative, legislative investigative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 1 contract

Samples: Indemnification Agreement (Iec Electronics Corp)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, pending or completed action, suit or other proceeding, whether civil, criminal, administrative, investigative, legislative administrative or any investigative (other type whatsoever, preliminary, informal than an action by or formal, including any arbitration or other alternative dispute resolution and including any appeal of any in the right of the foregoingCompany).

Appears in 1 contract

Samples: Indemnification Agreement (Mayors Jewelers Inc/De)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed action, suit or other proceeding, whether civil, criminal, administrative, investigative, legislative investigative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 1 contract

Samples: Indemnification Agreement (Symantec Corp)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed action, suit or other proceeding, whether civil, criminal, direct or derivative, administrative, investigative, legislative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 1 contract

Samples: Indemnity Agreement (Fluent, Inc.)

Proceeding. For the purposes of this Agreement, "Proceeding" means any threatened, pending, or completed action, suit or other proceeding, whether civil, criminal or administrative and including any appeal thereof, or any inquiry or investigation, whether instituted by the Company or any governmental agency or any other party, that Indemnitee in good faith believes might lead to the institution of any such action, suit or other proceeding, whether civil, criminal, administrative, investigative, legislative investigative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoingmechanism.

Appears in 1 contract

Samples: Indemnity Agreement (Verigy Pte. Ltd.)

Proceeding. For the purposes of this Agreement, "Proceeding" means any threatened, pending, or completed action, suit or other proceeding, formal or informal; whether civil, criminal, administrative, investigative, legislative investigation or of any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.. 2

Appears in 1 contract

Samples: Indemnity Agreement (Durakon Industries Inc)

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