Reviewing Party following Change of Control. Notwithstanding Section 3(b)(ii) above, upon and following a Change of Control (as defined in Section 11 below) (other than a Change of Control which has been approved by a majority of the Company’s Board of Directors who were directors immediately prior to such Change of Control) the rights of Indemnitee to indemnification under this Agreement shall be determined by an Independent Counsel.
Appears in 11 contracts
Samples: Indemnification Agreement (Jack Cooper Logistics, LLC), Indemnification Agreement (Jack Cooper Logistics, LLC), Indemnification Agreement (Jack Cooper Logistics, LLC)
