Right of Indemnitee to Appeal an Adverse Determination by Board. If a Determination is made by the Board or a committee thereof that the Indemnitee did not meet the applicable standard of conduct set forth in Section 1, 2 or 3 hereof, upon the written request of the Indemnitee and the Indemnitee's delivery of $500 to the Company, the Company shall cause a new Determination to be made by the Company's shareholders at the next regular or special meeting of shareholders. Subject to Section 8 hereof, such Determination by the Company's shareholders shall be binding and conclusive for all purposes of this Agreement.
Appears in 9 contracts
Samples: Indemnification Agreement (Health & Nutrition Systems International Inc), Indemnification Agreement (Health & Nutrition Systems International Inc), Indemnification Agreement (Sunglass Hut International Inc)
Right of Indemnitee to Appeal an Adverse Determination by Board. If a Determination is made by the Board or a committee thereof that the Indemnitee did not meet the applicable standard of conduct set forth in Section 1, 2 or 3 hereof, upon the written request of the Indemnitee and the Indemnitee's ’s delivery of $500 to the CompanyCorporation, the Company Corporation shall cause a new Determination to be made by the Company's Corporation’s shareholders at the next regular or special meeting of shareholders. Subject to Section 8 hereof, such Determination by the Company's Corporation’s shareholders shall be binding and conclusive for all purposes of this Agreement.
Appears in 4 contracts
Samples: Indemnification Agreement (CLS Holdings USA, Inc.), Indemnification Agreement (CLS Holdings USA, Inc.), Indemnification Agreement (CLS Holdings USA, Inc.)
Right of Indemnitee to Appeal an Adverse Determination by Board. If a Determination is made by the Board or a committee thereof that the Indemnitee did not meet the applicable standard of conduct set forth in Section Sections 1, 2 or 3 hereof, upon the written request of the Indemnitee and the Indemnitee's delivery of $500 to the Company, the Company shall cause a new Determination to be made by the Company's shareholders at the next regular or special meeting of shareholders. Subject to Section 8 hereof, such Determination by the Company's shareholders shall be binding and conclusive for all purposes of this Agreement.
Appears in 3 contracts
Samples: Indemnification Agreement (Metalogics Inc), Indemnification Agreement (Connectsoft Communications Corp), Indemnification Agreement (Compass Plastics & Technologies Inc)
Right of Indemnitee to Appeal an Adverse Determination by Board. If a Determination is made by the Board or a committee thereof that the Indemnitee did not meet the applicable standard of conduct requirements set forth in Section 1, 2 2, 3, or 3 4 hereof, upon the written request of the Indemnitee and the Indemnitee's delivery of $500 to the CompanyCorporation, the Company Corporation shall cause a new Determination to be made by the CompanyCorporation's shareholders at the next regular or special meeting of shareholders. Subject to Section 8 9 hereof, such Determination by the CompanyCorporation's shareholders shall be binding and conclusive for all purposes of this Agreement.
Appears in 2 contracts
Samples: Indemnification Agreement (Sagemark Companies LTD), Indemnification Agreement (Sagemark Companies LTD)
Right of Indemnitee to Appeal an Adverse Determination by Board. If a Determination is made by the Board or a committee thereof that the Indemnitee did not meet the applicable standard of conduct set forth in Section 1, Section 2 or Section 3 hereof, upon the written request of the Indemnitee and the Indemnitee's ’s delivery of $500 to the CompanyCorporation, the Company Corporation shall cause a new Determination to be made by the Company's Corporation’s shareholders at the next regular or special meeting of shareholders. Subject to Section 8 hereof, such Determination by the Company's Corporation’s shareholders shall be binding and conclusive for all purposes of this Agreement.
Appears in 2 contracts
Samples: Indemnification Agreement (Paradise Inc), Indemnification Agreement (Perry Ellis International, Inc)
Right of Indemnitee to Appeal an Adverse Determination by Board. If a Determination is made by the Board or a committee thereof that the Indemnitee did not meet the applicable standard of conduct set forth in Section 1, 2 or 3 hereof, upon the written request of of- the Indemnitee and the Indemnitee's delivery of $500 to the Company, the Company shall cause a new Determination to be made by the Company's shareholders stockholders at the next regular or special meeting of shareholdersstockholders. Subject to Section 8 hereof, such Determination by the Company's shareholders stockholders shall be binding and conclusive for all purposes of this Agreement.
Appears in 2 contracts
Samples: Indemnification Agreement (Miami Cruiseline Services Holdings I B V), Indemnification Agreement (Miami Cruiseline Services Holdings I B V)
Right of Indemnitee to Appeal an Adverse Determination by Board. If a Determination is made by the Board or a committee thereof that the Indemnitee did not meet the applicable standard of conduct set forth in Section 1, 2 or 3 hereof, upon the written request of the Indemnitee and the Indemnitee's ’s delivery of $500 to the Company, the Company shall cause a new Determination to be made by the Company's shareholders ’s stockholders at the next regular or special meeting of shareholdersstockholders. Subject to Section 8 hereof, such Determination by the Company's shareholders ’s stockholders shall be binding and conclusive for all purposes of this Agreement.
Appears in 1 contract
Samples: Indemnification Agreement (Terremark Worldwide Inc)
Right of Indemnitee to Appeal an Adverse Determination by Board. If a Determination is made by the Board or a committee thereof that the Indemnitee did not meet the applicable standard of conduct set forth in Section Sections 1, 2 or 3 hereof, upon the written request of the Indemnitee and the Indemnitee's delivery of $500 to the Company, the Company shall cause a new Determination to be made by the Company's shareholders at the next regular or special meeting of shareholders. Subject to Section 8 hereof, such Determination by the Company's shareholders shall be binding and conclusive for all purposes of this Agreement.
Appears in 1 contract
Samples: Indemnification Agreement (Rexx Environmental Corp)
Right of Indemnitee to Appeal an Adverse Determination by Board. If a Determination is made by the Board or a committee thereof that the Indemnitee did not meet the applicable standard of conduct set forth in Section 1, 2 or 3 hereof, upon the written request of the Indemnitee and the Indemnitee's ’s delivery of $500 to the Company, the Company shall cause a new Determination to be made by the Company's ’s shareholders at the next regular or special meeting of shareholders. Subject to Section 8 hereof, such Determination by the Company's ’s shareholders shall be binding and conclusive for all purposes of this Agreement.
Appears in 1 contract
Samples: Indemnification Agreement (Forefront Holdings, Inc.)