Reviewing Party. The determination referred to in Section 5(a) shall be made, at the election of the Board, by any of the following Reviewing Parties (unless a Change in Control shall have occurred after Indemnitee first began serving as a Director or Officer, in which case Indemnitee shall be entitled to designate that the determination shall be made by Independent Legal Counsel selected in the manner set forth in Section 5(d) below):
Appears in 12 contracts
Samples: Indemnification Agreement (Katapult Holdings, Inc.), Indemnification Agreement (Liquidia Corp), Indemnification Agreement (Liquidia Technologies Inc)
Reviewing Party. The determination referred to in Section 5(a4(a) shall be made, at the election of the BoardBoard of Directors, by any of the following Reviewing Parties (unless a Change in Control shall have occurred after Indemnitee first began serving as a Director or Officer, in which case Indemnitee shall be entitled to designate that the determination shall be made by Independent Legal Counsel selected in the manner set forth in Section 5(d4(c) below):
Appears in 2 contracts
Samples: Form of Indemnity Agreement (Riscorp Inc), Form of Indemnity Agreement (Riscorp Inc)
Reviewing Party. The determination referred to in Section 5(a) shall be made, at the election of the Board, by any of the following Reviewing Parties (unless a Change in Control shall have occurred after Indemnitee first began serving as a Director or OfficerDirector, Officer and/or Key Employee, in which case Indemnitee shall be entitled to designate that the determination shall be made by Independent Legal Counsel selected in the manner set forth in Section 5(d) below):
Appears in 1 contract
Reviewing Party. The determination referred to in Section 5(a4(a) shall be made, at the election of the Board, by any of the following Reviewing Parties (unless a Change in Control shall have has occurred after Indemnitee first began serving as a Director or and/or Officer, in which case Indemnitee shall be entitled to designate that the determination shall be made by Independent Legal Counsel selected in the manner set forth in Section 5(d4(d) below):
Appears in 1 contract
Samples: Form of Indemnity Agreement (Act II Global Acquisition Corp.)