Unlawful Indemnification. To indemnify the Indemnitee if a final decision by a court having jurisdiction in the matter shall determine that such indemnification is not lawful. In this respect, the Company and the Indemnitee have been advised that the Securities and Exchange Commission takes the position that indemnification for liabilities arising under the federal securities laws is against public policy and is, therefore, unenforceable and that claims for indemnification should be submitted to appropriate courts for adjudication.
Appears in 66 contracts
Samples: Indemnification Agreement (Bannix Acquisition Corp.), Indemnity Agreement (Selectis Health, Inc.), Indemnity Agreement (Sunshine Silver Mining & Refining Corp)
Unlawful Indemnification. To indemnify the Indemnitee if a final decision by a court having jurisdiction in the matter mater shall determine that such indemnification is not lawful. In this respect, the Company and the Indemnitee have been advised that the Securities and Exchange Commission takes the position that indemnification for liabilities arising under the federal securities laws is against public policy and is, therefore, unenforceable and that claims for indemnification should be submitted to appropriate courts for adjudication.
Appears in 46 contracts
Samples: Agreement and Plan of Merger (Synergy CHC Corp.), Share Exchange Agreement (Peregrine Industries Inc), Agreement and Plan of Merger (Synergy CHC Corp.)
Unlawful Indemnification. To indemnify the Indemnitee if a final decision by a court having jurisdiction in the matter matter, in a judgment not subject to appeal, shall determine that such indemnification is not lawful. In this respect, the Company and the Indemnitee have been advised that the Securities and Exchange Commission takes the position that indemnification for liabilities arising under the federal securities laws is against public policy and is, therefore, unenforceable and that claims for indemnification should be submitted to appropriate courts for adjudication.
Appears in 24 contracts
Samples: Employment Agreement (Nac Global Technologies, Inc.), Indemnity Agreement (xG TECHNOLOGY, INC.), Employment Agreement (Mam Software Group, Inc.)
Unlawful Indemnification. To indemnify the Indemnitee if a final decision by a court having jurisdiction in the matter shall determine that such indemnification is not lawful. In this respect, the Company and the Indemnitee have been advised that the U.S. Securities and Exchange Commission takes the position that indemnification for liabilities arising under the federal securities laws is against public policy and is, therefore, unenforceable and that claims for indemnification should be submitted to appropriate courts for adjudication.;
Appears in 13 contracts
Samples: Indemnification Agreement (Trident Digital Tech Holdings Ltd.), Form of Indemnification Agreement (Lixiang Education Holding Co . LTD), Form of Indemnification Agreement (SAMOYED HOLDING LTD)
Unlawful Indemnification. To indemnify the Indemnitee if a final ------------------------ decision by a court having jurisdiction in the matter shall determine that such indemnification is not lawful. In this respect, the Company and the Indemnitee have been advised that the Securities and Exchange Commission takes the position that indemnification for liabilities arising under the federal securities laws is against public policy and is, therefore, unenforceable and that claims for indemnification should be submitted to appropriate courts for adjudication.
Appears in 12 contracts
Samples: Indemnity Agreement (Oni Systems Corp), Indemnity Agreement (Dovebid Inc), Indemnity Agreement (Hiway Technologies Inc)
Unlawful Indemnification. To indemnify the an Indemnitee if a final decision by a court having jurisdiction in the matter shall determine that such indemnification is not lawful. In this respect, the Company and the Indemnitee have been advised that the Securities and Exchange Commission takes the position that indemnification for liabilities arising under the federal securities laws is against public policy and is, therefore, unenforceable and that claims for indemnification should be submitted to appropriate courts for adjudication.;
Appears in 6 contracts
Samples: Indemnification Agreement (Nobao Renewable Energy Holdings LTD), Senior Preferred Share Purchase Agreement (Nobao Renewable Energy Holdings LTD), Shareholders Agreement (Nobao Renewable Energy Holdings LTD)
Unlawful Indemnification. To indemnify the Indemnitee if a final decision by a court having jurisdiction in the matter shall determine that such indemnification is not lawful. In this respect, the Company and the Indemnitee have been advised that the Securities and Exchange Commission takes the position that indemnification for liabilities arising under the federal securities laws law is against public policy and is, therefore, unenforceable and that claims for indemnification should be submitted to appropriate courts for adjudication.
Appears in 5 contracts
Samples: Employment Agreement (Intuit Inc), Indemnity Agreement (Allied Healthcare International Inc), Indemnity Agreement (Hybrid Networks Inc)
Unlawful Indemnification. To indemnify the Indemnitee if a final ------------------------ decision by a court having jurisdiction in the matter shall determine that such indemnification is not lawful. In this respect, the Company and the Indemnitee have been advised that the Securities and Exchange Commission takes the position that indemnification for liabilities arising under the federal securities laws law is against public policy and is, therefore, unenforceable and that claims for indemnification should be submitted to appropriate courts for adjudication.
Appears in 4 contracts
Samples: Indemnity Agreement (Vitalstate Inc), Indemnity Agreement (Snowball Com Inc), Indemnity Agreement (Interwoven Inc)
Unlawful Indemnification. To indemnify the an Indemnitee if a final decision by a court having jurisdiction in the matter shall determine that such indemnification is not lawful. In this respect, the Company and the Indemnitee Indemnitees have been advised that the U.S. Securities and Exchange Commission takes the position that indemnification for liabilities arising under the federal securities laws is against public policy and is, therefore, unenforceable and that claims for indemnification should be submitted to appropriate courts for adjudication.;
Appears in 4 contracts
Samples: Series D Preferred Share Purchase Agreement (Momo Inc.), Share Purchase Agreement (Momo Inc.), Series D Preferred Share Purchase Agreement (Momo Inc.)
Unlawful Indemnification. To indemnify the Indemnitee if a final ------------------------ decision by a court having jurisdiction in the matter matter, in a judgment not subject to appeal, shall determine that such indemnification is not lawful. In this respect, the Company and the Indemnitee have been advised that the Securities and Exchange Commission takes the position that indemnification for liabilities arising under the federal securities laws is against public policy and is, therefore, unenforceable and that claims for indemnification should be submitted to appropriate courts for adjudication.
Appears in 3 contracts
Samples: Indemnity Agreement (Homestore Com Inc), Indemnity Agreement (Homestore Com Inc), Indemnity Agreement (Homestore Com Inc)
Unlawful Indemnification. To indemnify the Indemnitee if a final decision by a court having jurisdiction in the matter shall determine that such indemnification is not lawful. In this respect, the Company and the Indemnitee have been advised that the Securities and Exchange Commission takes the position that indemnification for liabilities arising under the federal securities laws is against public policy and is, therefore, unenforceable and that claims for indemnification should be submitted to appropriate courts for adjudication.
Appears in 2 contracts
Samples: Indemnity Agreement (Broncus Technologies Inc/Ca), Indemnity Agreement (Asthmatx Inc)
Unlawful Indemnification. To indemnify the Indemnitee if a final decision by a court having jurisdiction in the matter mater shall determine that such indemnification is not lawful. In this respect, the Company and the Indemnitee have been advised that the U.S. Securities and Exchange Commission takes the position that indemnification for liabilities arising under the federal securities laws is against public policy and is, therefore, unenforceable and that claims for indemnification should be submitted to appropriate courts for adjudication.
Appears in 2 contracts
Samples: Indemnification Agreement (CaliberCos Inc.), Indemnification Agreement (Adamas One Corp.)
Unlawful Indemnification. To indemnify the Indemnitee if a final decision by a court having jurisdiction in the matter shall determine that such indemnification is not lawful. In this respect, the Company and the Indemnitee have been advised that the Securities and Exchange Commission takes the position that indemnification for liabilities arising under the federal securities laws is against public policy and isand, therefore, is unenforceable and that claims for indemnification should be submitted to appropriate courts for adjudication.
Appears in 2 contracts
Samples: Indemnity Agreement (Handspring Inc), Indemnity Agreement (Handspring Inc)
Unlawful Indemnification. To indemnify the Indemnitee Employee if a final decision by a court having jurisdiction in the matter shall determine that such indemnification is not lawful. In lawful (and, in this respect, both the Company and the Indemnitee Employee have been advised that the Securities and Exchange Commission takes the position believes that indemnification for liabilities arising under the federal securities laws is against public policy and is, therefore, unenforceable and that claims for indemnification should be submitted to appropriate courts for adjudication).
Appears in 2 contracts
Samples: Employment Agreement (Nanosensors Inc), Employment Agreement (Nanosensors Inc)
Unlawful Indemnification. To indemnify the Indemnitee if a final ------------------------ decision by a court having jurisdiction in the matter shall determine that such indemnification is not lawful. In this respect, the Company and the Indemnitee have been advised that the Securities and Exchange Commission takes the position that indemnification for liabilities arising under the federal securities laws is against public policy and isand, therefore, is unenforceable and that claims for indemnification should be submitted to appropriate courts for adjudication.
Appears in 1 contract
Unlawful Indemnification. To indemnify the Indemnitee for Other Liabilities if a final decision by a court having jurisdiction in the matter shall determine that such indemnification is not lawfullawful or if such indemnification is otherwise prohibited by law. In this respect, the Company and the Indemnitee have been advised that the Securities and Exchange Commission takes the position that indemnification for liabilities arising under the federal securities laws law is against public policy and is, therefore, unenforceable and that claims for indemnification should be submitted to appropriate courts for adjudication.
Appears in 1 contract
Samples: Indemnity Agreement (Interwoven Inc)
Unlawful Indemnification. To indemnify or provide contribution to the Indemnitee if a final decision by a court having jurisdiction in the matter shall determine that such indemnification is not lawful. In this respect, the Company and the Indemnitee have been advised that the Securities and Exchange Commission takes the position that indemnification for liabilities arising under the federal securities laws is against public policy and is, therefore, unenforceable and that claims for indemnification should be submitted to appropriate courts for adjudication.; or
Appears in 1 contract
Samples: Director and Officer Indemnification Agreement (Symetra Financial CORP)
Unlawful Indemnification. To indemnify the Indemnitee if a final decision by a court having jurisdiction in the matter shall determine that such indemnification is not lawful. In this respect, the Company and the Indemnitee have been advised that the Securities and Exchange Commission takes the position that indemnification for liabilities arising under the federal securities laws is against public policy and is, therefore, unenforceable and that claims for indemnification should be submitted to appropriate courts for adjudication.;
Appears in 1 contract
Unlawful Indemnification. To indemnify the Indemnitee if a final decision by a court having jurisdiction in the matter shall determine that such indemnification is not lawful. In this respect, the Company and the Indemnitee have been advised that the United States Securities and Exchange Commission takes the position that indemnification for liabilities arising under the federal securities laws is against public policy and is, therefore, unenforceable and that claims for indemnification should be submitted to appropriate courts for adjudication.;
Appears in 1 contract
Unlawful Indemnification. To indemnify the Indemnitee if a final decision by for any acts or omissions or transactions from which a court having jurisdiction in the matter shall determine that such indemnification is Indemnitee may not lawfulbe relieved of liability under Delaware or any other applicable state or federal law. In this respect, the Company and the Indemnitee have been advised that the Securities and Exchange Commission takes the position that indemnification for liabilities arising under the federal securities laws is against public policy and is, therefore, unenforceable and that claims for indemnification should be submitted to appropriate courts for adjudication.
Appears in 1 contract
Samples: Indemnification Agreement (Sonomawest Holdings Inc)
Unlawful Indemnification. To indemnify the Indemnitee if a ------------------------ final decision by a court having jurisdiction in the matter shall determine that such indemnification is not lawful. In this respect, the Company and the Indemnitee have been advised that the Securities and Exchange Commission takes the position that indemnification for liabilities arising under the federal securities laws is against public policy and is, therefore, unenforceable and that claims for indemnification should be submitted to appropriate courts for adjudication.
Appears in 1 contract
Samples: Indemnity Agreement (Onsale Inc)
Unlawful Indemnification. To indemnify the Indemnitee if a final decision by a court having jurisdiction in the matter shall determine that such indemnification is not lawful. In this respect, the Company and the Indemnitee have been advised that the Securities and Exchange Commission takes the position that indemnification for liabilities arising under the federal securities laws law is against public policy and is, therefore, therefore unenforceable and that claims for indemnification should be submitted to appropriate courts for adjudication.
Appears in 1 contract
Unlawful Indemnification. To indemnify the Indemnitee if a final decision by a court having jurisdiction in the matter shall determine that such indemnification is not lawful. In this respect, the Company and the Indemnitee have been advised that the Securities and Exchange Commission takes the position that indemnification for liabilities arising under the federal securities laws law is against public policy and is, therefore, therefore unenforceable and that claims for indemnification should be submitted to appropriate courts for adjudication.
Appears in 1 contract
Unlawful Indemnification. To to indemnify the Indemnitee if a final decision by a court having of competent jurisdiction in the matter or an arbitral tribunal shall determine that such indemnification is not lawful. In lawful under applicable law; in this respect, the Company and the Indemnitee have been advised that the Securities and Exchange Commission takes the position that indemnification for liabilities arising under the federal securities laws is against public policy and is, therefore, unenforceable and that claims for indemnification should be submitted to appropriate courts for adjudication.;
Appears in 1 contract
Unlawful Indemnification. To indemnify the an Indemnitee if a final decision by a court having jurisdiction in the matter shall determine that such indemnification is not lawful. In this respect, the Company and the Indemnitee Indemnitees have been advised that the Securities and Exchange Commission takes the position that indemnification for liabilities arising under the federal securities laws is against public policy and is, therefore, unenforceable and that claims for indemnification should be submitted to appropriate courts for adjudication.;
Appears in 1 contract