Reviewing Party. (i) the Company’s Board of Directors (provided that a majority of directors are not parties to the particular Claim for which Indemnitee is seeking indemnification) or (ii) any other person or body appointed by the Company’s Board of Directors, who is not a party to the particular Claim for which Indemnitee is seeking indemnification, or (iii) if there has been a Change in Control, the special independent counsel referred to in Section 2 hereof.
Appears in 6 contracts
Samples: Indemnification Agreement (Cathay General Bancorp), Indemnification Agreement (Greektown Newco Sub, Inc.), Indemnification Agreement (Tengion Inc)
Reviewing Party. (i) the Company’s Board of Directors (provided that a majority of directors are not parties to the particular Claim claim for which the Indemnitee is seeking indemnification) or (ii) any other person or body appointed by the Company’s Board of Directors, who is not a party to the particular Claim for which Indemnitee is seeking indemnification, or (iii) if there has been a Change in Control, the special independent counsel referred to in Section 2 hereof.
Appears in 6 contracts
Samples: Indemnification Agreement (Pokertek, Inc.), Indemnification Agreement (Pokertek Inc), Indemnification Agreement (Pokertek, Inc.)
Reviewing Party. (i) the Company’s 's Board of Directors (provided that a majority of directors are not parties to the particular Claim for which Indemnitee is seeking indemnification) or (ii) any other person or body appointed by the Company’s 's Board of Directors, who is not a party to the particular Claim for which Indemnitee is seeking indemnification, or (iii) if there has been a Change in Control, the special independent counsel referred to in Section 2 hereof.
Appears in 5 contracts
Samples: Indemnification Agreement (IntraLinks Holdings, Inc.), Indemnification Agreement (Corcept Therapeutics Inc), Indemnification Agreement (Corcept Therapeutics Inc)
Reviewing Party. Pursuant to Section 2(b), (i) the Company’s 's Board of Directors (provided that by a majority vote of directors who neither are not nor were parties to the particular Claim or any related Claim (including any Claim based on substantially the same Indemnifiable Event) for which Indemnitee is seeking indemnification) indemnification or (ii) any other person or body appointed by the Company’s Board of Directors, who is not a party to the particular Claim for which Indemnitee is seeking indemnification, or (iii) if there has been are no such disinterested directors or in the event of a Change in Control, then the special independent counsel referred to in Section 2 hereofIndependent Legal Counsel.
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Reviewing Party. (i) the Company’s Board of Directors (provided that a majority majority of directors are not parties to the particular Claim for which Indemnitee is seeking indemnification) or indemnification), (ii) any other person or body appointed by the Company’s Board of Directors, who who is not a party to the particular Claim for which Indemnitee is seeking indemnification, or (iii(iii) if there has been a Change in Control, the special independent counsel referred to in Section 2 hereof.Independent Legal Counsel.
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Reviewing Party. (i) the Company’s 's Board of Directors (provided that by a majority vote of directors are who were not parties to the particular Claim for which Indemnitee is seeking indemnification) or (ii) any other person or body appointed by the Company’s Board of Directors, who is not a party to the particular Claim for which Indemnitee is seeking indemnification, or (iiiii) if there has been a Change in Controlare no such directors, or if such directors so direct, then Independent Legal Counsel, or (iii) the special independent counsel referred to in Section 2 hereofstockholders.
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Samples: Indemnification Agreement (Usec Inc)