Subsequent Amendment. No amendment, termination or repeal of this Section 9 or of the relevant provisions of the DGCL or any other applicable laws shall affect or diminish in any way the rights of any Indemnitee to indemnification under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 2 contracts
Samples: Merger Agreement (Inspire Pharmaceuticals Inc), Merger Agreement (Sepracor Inc /De/)
Subsequent Amendment. No amendment, termination or repeal of this Section 9 2 or of the relevant provisions of the DGCL or any other applicable laws shall affect or diminish in any way the rights of any Indemnitee to indemnification under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 2 contracts
Samples: Merger Agreement (Edison Schools Inc), Merger Agreement (Edison Schools Inc)
Subsequent Amendment. No To the fullest extent permitted by law, no amendment, termination or repeal of this Section 9 Article EIGHTH or of the relevant provisions of the DGCL or any other applicable laws shall affect or diminish in any way the rights of any Indemnitee to indemnification under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 2 contracts
Samples: Convertible Preferred Stock Agreement (Predix Pharmaceuticals Holdings Inc), Agreement to Purchase Capital Stock (Predix Pharmaceuticals Holdings Inc)
Subsequent Amendment. No amendment, termination or repeal of this Section 9 Article or of the relevant provisions of the DGCL or any other applicable laws shall adversely affect or diminish in any way the rights of any Indemnitee to indemnification or advancement of expenses under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 1 contract
Samples: Merger Agreement (Nxu, Inc.)
Subsequent Amendment. No amendment, termination or repeal of this Section 9 or of the relevant provisions of the DGCL or any other applicable laws shall adversely affect or diminish in any way the rights of any Indemnitee to indemnification under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Palomar Medical Technologies Inc)