Selection of Reviewing Party. If there has not been a Change in Control, the Reviewing Party shall be selected by the Board of Directors. If there has been such a Change in Control, the Reviewing Party shall be the special, independent counsel referred to in Section 4 hereof.
Appears in 13 contracts
Samples: Indemnification Agreement (USA Synthetic Fuel Corp), Indemnification Agreement (USA Synthetic Fuel Corp), Indemnification Agreement (Global Energy, Inc.)
Selection of Reviewing Party. If there has not been a Change in Control, the Reviewing Party shall be selected by the Board of DirectorsDirectors of the Company as soon as practicable after notice of a claim for indemnification. If there has been such a Change in Control, the Reviewing Party shall be the special, independent counsel referred to in Section 4 hereof.
Appears in 4 contracts
Samples: Deed of Indemnification (Cooper Industries PLC), Deed of Indemnification (Cooper Industries PLC), Deed of Indemnification (Cooper Industries LTD)
Selection of Reviewing Party. If there has not been a Change in Control, or if there has been a Change in Control approved by two-thirds (rounded downward to the nearest whole number) or more of the Board who were Directors prior to the Change in Control, the Reviewing Party shall will be selected by the Board of Directors. If Board, and if there has been such a Change in Control, the Reviewing Party shall will be the special, independent counsel Special Counsel referred to in Section 4 hereof.
Appears in 3 contracts
Samples: Director/Officer Indemnification Agreement (Alexza Pharmaceuticals Inc.), Indemnification Agreement (Michigan Commerce Bancorp LTD), Indemnification Agreement (Michigan Commerce Bancorp LTD)
Selection of Reviewing Party. If there has not been a Change in Control, the Reviewing Party shall be selected by the Board of DirectorsDirectors as soon as practicable after notice of a claim for indemnification. If there has been such a Change in Control, the Reviewing Party shall be the special, independent counsel referred to in Section 4 hereof.
Appears in 2 contracts
Samples: Indemnification Agreement (Cooper Industries LTD), Indemnification Agreement (Cooper Industries LTD)
Selection of Reviewing Party. If there has not been a Change in ControlControl (as defined in Section 8(e) below), the Reviewing Party shall be selected by the Board of Directors. If there has been such a Change in Control, the Reviewing Party shall be the special, special independent counsel referred to in Section 4 hereof.8(d)
Appears in 2 contracts
Samples: Indemnification Agreement (Corrpro Companies Inc /Oh/), Indemnification Agreement (Corrpro Companies Inc /Oh/)
Selection of Reviewing Party. If there has ---------------------------- not been a Change in Control, the Reviewing Party shall be selected by the Board of Directors. If there has been such a Change in Control, the Reviewing Party shall be the special, independent counsel referred to in Section 4 hereof.
Appears in 1 contract
Selection of Reviewing Party. If there has not been a Change in ---------------------------- Control, the Reviewing Party shall be selected by the Board of Directors. If there has been such a Change in Control, the Reviewing Party shall be the special, independent counsel referred to in Section 4 hereof.
Appears in 1 contract
