Examples of Enterprise Fiduciary in a sentence
No amendment or modification of this Agreement or of any provision hereof shall limit or restrict any right of the Indemnitee under this Agreement in respect of any action taken or omitted by such the Indemnitee in the Indemnitee’s capacity as an Enterprise Fiduciary prior to such amendment, alteration or repeal.
Notwithstanding any other provision of this Agreement, to the extent that the Indemnitee is, by reason of the Indemnitee’s status as an Enterprise Fiduciary, a witness in any Proceeding to which the Indemnitee is not a party, the Indemnitee shall be indemnified by the Company against all Expenses actually and reasonably incurred by the Indemnitee or on the Indemnitee’s behalf in connection therewith.
Notwithstanding any other provision of this Agreement, to the extent that the Indemnitee is, by reason of the Indemnitee’s status as an Enterprise Fiduciary or a former Enterprise Fiduciary, a witness in any Proceeding to which the Indemnitee is not a party, the Indemnitee shall be indemnified by the Company against all Expenses actually and reasonably incurred by the Indemnitee or on the Indemnitee’s behalf in connection therewith.
The foregoing notwithstanding, this Agreement shall continue in force after Indemnitee has ceased to serve an Enterprise Fiduciary, as provided in Section 13.
No amendment or modification of this Agreement or of any provision hereof shall limit or restrict any right of the Indemnitee under this Agreement in respect of any action taken or omitted by such the Indemnitee in the Indemnitee's capacity as an Enterprise Fiduciary or in his Company Status prior to such amendment, alteration or repeal.
In such case, the Indemnitee shall be deemed to be an "Enterprise Fiduciary." The parties hereto intend that this Agreement shall provide to the fullest extent permitted by law for indemnification in excess of that expressly permitted by statute, including, but not limited to, any indemnification provided by the LP Agreement, action of its members, vote of its Disinterested Directors, or applicable law.
In addition, the knowledge and/or actions, or failure to act, of any other director, manager, officer, employee or other Enterprise Fiduciary of the Enterprise shall not be imputed to the Indemnitee for purposes of determining the right to indemnification under this Agreement.
Notwithstanding any other provision of this Agreement, to the fullest extent permitted by law and to the extent that the Indemnitee is, by reason of the Indemnitee's Company Status or status as an Enterprise Fiduciary, a witness or otherwise asked to participate in any Proceeding to which the Indemnitee is not a party, the Indemnitee shall be indemnified by the Company against all Expenses actually incurred by the Indemnitee or on the Indemnitee's behalf in connection therewith.