Common use of Prohibited Indemnification Clause in Contracts

Prohibited Indemnification. No indemnification pursuant to this Agreement shall be paid by Mallinckrodt plc: (i) on account of any Proceeding in which a final and non-appealable judgment is rendered against Indemnitee for an accounting of profits made from the purchase or sale by Indemnitee of securities of Mallinckrodt plc pursuant to the provisions of Section 16(b) of the Exchange Act or similar provisions of any federal, state, or local laws; (ii) if a court of competent jurisdiction by a final and non-appealable judgment shall determine that such indemnification by Mallinckrodt plc is not permitted under applicable law; (iii) on account of any Proceeding relating to an Indemnifiable Event as to which the Indemnitee has been convicted of a crime constituting a felony under the laws of the jurisdiction where the criminal action had been brought (or, where a jurisdiction does not classify any crime as a felony, a crime for which Indemnitee is sentenced to death or imprisonment for a term exceeding one year); or (iv) on account of any Proceeding brought by Mallinckrodt plc or any of its subsidiaries against Indemnitee.

Prohibited Indemnification. No indemnification pursuant to this Agreement shall be paid by Mallinckrodt plcSucampo: (i) on account of any Proceeding in which a final and non-appealable judgment is rendered against Indemnitee for an accounting of profits made from the purchase or sale by Indemnitee of securities of Mallinckrodt plc pursuant to the provisions of Section 16(b) of the Exchange Act or similar provisions of any federal, state, or local laws; (ii) if a court of competent jurisdiction by a final and non-appealable judgment shall determine that such indemnification by Mallinckrodt plc Sucampo is not permitted under applicable law; (iii) on account of any Proceeding relating to an Indemnifiable Event as to which the Indemnitee has been convicted of a crime constituting a felony under the laws of the jurisdiction where the criminal action had been brought (or, where a jurisdiction does not classify any crime as a felony, a crime for which Indemnitee is sentenced to death or imprisonment for a term exceeding one year); or (iv) on account of any Proceeding brought by Mallinckrodt plc or any of its subsidiaries against Indemnitee.

Prohibited Indemnification. No indemnification pursuant to this Agreement shall be paid by Mallinckrodt plcXxxxxxx Controls: (i) on account of any Proceeding in which a final and non-appealable judgment is rendered against Indemnitee for an accounting of profits made from the purchase or sale by Indemnitee of securities of Mallinckrodt plc Xxxxxxx Controls pursuant to the provisions of Section 16(b) of the Exchange Act or similar provisions of any federal, state, or local laws; (ii) if a court of competent jurisdiction by a final and non-appealable judgment judgment, shall determine that such indemnification by Mallinckrodt plc is not permitted under applicable law; (iii) on account of any Proceeding relating to an Indemnifiable Event as to which the Indemnitee has been convicted of a crime constituting a felony under the laws of the jurisdiction where the criminal action had been brought (or, where a jurisdiction does not classify any crime as a felony, a crime for which Indemnitee is sentenced to death or imprisonment for a term exceeding one year); or (iv) on account of any Proceeding brought by Mallinckrodt plc Xxxxxxx Controls or any of its subsidiaries against Indemnitee.

Prohibited Indemnification. No indemnification pursuant to this Agreement shall be paid by Mallinckrodt plcTyco Management: (i) on account of any Proceeding in which a final and non-appealable judgment is rendered against Indemnitee for an accounting of profits made from the purchase or sale by Indemnitee of securities of Mallinckrodt plc Xxxxxxx Controls pursuant to the provisions of Section 16(b) of the Exchange Act or similar provisions of any federal, state, or local laws; (ii) if a court of competent jurisdiction by a final and non-appealable judgment judgment, shall determine that such indemnification by Mallinckrodt plc is not permitted under applicable law; (iii) on account of any Proceeding relating to an Indemnifiable Event as to which the Indemnitee has been convicted of a crime constituting a felony under the laws of the jurisdiction where the criminal action had been brought (or, where a jurisdiction does not classify any crime as a felony, a crime for which Indemnitee is sentenced to death or imprisonment for a term exceeding one year); or (iv) on account of any Proceeding brought by Mallinckrodt plc Xxxxxxx Controls or any of its subsidiaries against Indemnitee.

Prohibited Indemnification. No indemnification pursuant to this Agreement shall be paid by Mallinckrodt plc: (i) on account of any Proceeding in which a final and non-appealable judgment is rendered against Indemnitee for an accounting of profits made from the purchase or sale by Indemnitee of securities of Mallinckrodt plc pursuant to the provisions of Section 16(b) of the Exchange Act or similar provisions of any federal, state, or local laws; (ii) if a court of competent jurisdiction by a final and non-appealable judgment judgment, shall determine that such indemnification by Mallinckrodt plc is not permitted under applicable law; (iii) on account of any Proceeding relating to an Indemnifiable Event as to which the Indemnitee has been convicted of a crime constituting a felony under the laws of the jurisdiction where the criminal action had been brought (or, where a jurisdiction does not classify any crime as a felony, a crime for which Indemnitee is sentenced to death or imprisonment for a term exceeding one year); or (iv) on account of any Proceeding brought by Mallinckrodt plc or any of its subsidiaries against Indemnitee.

Prohibited Indemnification. No indemnification pursuant to this Agreement shall be paid by Mallinckrodt plcBrand Pharma: (i) on account of any Proceeding in which a final and non-appealable judgment is rendered against Indemnitee for an accounting of profits made from the purchase or sale by Indemnitee of securities of Mallinckrodt plc pursuant to the provisions of Section 16(b) of the Exchange Act or similar provisions of any federal, state, or local laws; (ii) if a court of competent jurisdiction by a final and non-appealable judgment judgment, shall determine that such indemnification by Mallinckrodt plc is not permitted under applicable law; (iii) on account of any Proceeding relating to an Indemnifiable Event as to which the Indemnitee has been convicted of a crime constituting a felony under the laws of the jurisdiction where the criminal action had been brought (or, where a jurisdiction does not classify any crime as a felony, a crime for which Indemnitee is sentenced to death or imprisonment for a term exceeding one year); or (iv) on account of any Proceeding brought by Mallinckrodt plc or any of its subsidiaries against Indemnitee.

Prohibited Indemnification. No indemnification pursuant to this Agreement shall be paid by Mallinckrodt Covidien plc: (i) on account of any Proceeding in which a final and non-appealable judgment is rendered against Indemnitee for an accounting of profits made from the purchase or sale by Indemnitee of securities of Mallinckrodt Covidien plc pursuant to the provisions of Section 16(b) of the Exchange Act or similar provisions of any federal, state, or local laws; (ii) if a court of competent jurisdiction by a final and non-appealable judgment judgment, shall determine that such indemnification by Mallinckrodt plc is not permitted under applicable law; (iii) on account of any Proceeding relating to an Indemnifiable Event as to which the Indemnitee has been convicted of a crime constituting a felony under the laws of the jurisdiction where the criminal action had been brought (or, where a jurisdiction does not classify any crime as a felony, a crime for which Indemnitee is sentenced to death or imprisonment for a term exceeding one year); or (iv) on account of any Proceeding brought by Mallinckrodt Covidien plc or any of its subsidiaries against Indemnitee; or (v) on account of any Proceeding relating to an Indemnifiable Event described in clause (iii) of the definition thereof that is initiated after the sixth anniversary of the Transaction Time.

Prohibited Indemnification. No indemnification pursuant to this Agreement shall be paid by Mallinckrodt plcStrongbridge: (ia) on account of any Proceeding in which a final and non-appealable judgment is rendered against the Indemnitee for an accounting of profits made from the purchase or sale by the Indemnitee of securities of Mallinckrodt plc Strongbridge pursuant to the provisions of Section 16(b) of the Exchange Act or similar provisions of any federal, state, state or local laws; (iib) if a court of competent jurisdiction by a final and non-appealable judgment shall determine that such indemnification by Mallinckrodt plc is not permitted under applicable law; (iiic) on account of any Proceeding relating to an Indemnifiable Event as to which the Indemnitee has been convicted of a crime constituting a felony under the laws of the jurisdiction where the criminal action had been brought (or, where a jurisdiction does not classify any crime as a felony, a crime for which the Indemnitee is sentenced to death or imprisonment for a term exceeding one year); or (ivd) on account of any Proceeding brought by Mallinckrodt plc Strongbridge or any of its subsidiaries against the Indemnitee.

Prohibited Indemnification. No indemnification pursuant to this Agreement shall be paid by Mallinckrodt plcthe Company: (i) on account of any Proceeding in which a final and non-appealable judgment is rendered against Indemnitee for an accounting of profits made from the purchase or sale by Indemnitee of securities of Mallinckrodt Covidien plc pursuant to the provisions of Section 16(b) of the Exchange Act or similar provisions of any federal, state, or local laws; (ii) if a court of competent jurisdiction by a final and non-appealable judgment judgment, shall determine that such indemnification by Mallinckrodt plc is not permitted under applicable law; (iii) on account of any Proceeding relating to an Indemnifiable Event as to which the Indemnitee has been convicted of a crime constituting a felony under the laws of the jurisdiction where the criminal action had been brought (or, where a jurisdiction does not classify any crime as a felony, a crime for which Indemnitee is sentenced to death or imprisonment for a term exceeding one year); or; (iv) on account of any Proceeding brought by Mallinckrodt Covidien plc or any of its subsidiaries against Indemnitee; or (v) on account of any Proceeding relating to an Indemnifiable Event described in clause (iii) of the definition thereof that is initiated after the sixth anniversary of the Transaction Time.