Indemnifiable Capacity definition

Indemnifiable Capacity means service by an Agent as a director or officer of the Corporation or, at the Corporation's request, service by a director or officer of the Corporation as a director, officer or other comparable position of an Other Enterprise.

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Indemnifiable Capacity means service by a person as a director or Officer of the corporation or, at the Corporation's request, service by- a person.as-a director, officer, trustee, or other comparable position of an Other Enterprise.

Indemnifiable Capacity shall include service by a person as a director or officer of the Corporation, or, at the Corporation's request, service by a person as a director, officer, trustee or in any other comparable position of an Other Enterprise. For the purpose of this Article V, unless the person described in Section 4 making a determination as to the availability of indemnification shall determine otherwise, any director, officer, employee or agent of the Corporation serving as a director, officer, trustee or in any other comparable position of an Other Enterprise of which the Corporation, directly or indirectly, is a shareholder or creditor, or in which the Corporation is in any way interested, shall be presumed to be serving as such at the request of the Corporation. In all other instances where any person shall serve as a director, officer, trustee or in any other comparable position of an Other Enterprise, if it is not otherwise established that such person is or was serving at the request of the Corporation, the persons described by Section 4 making a determination as to the availability of indemnification shall determine whether such person is or was serving at the request of the Corporation, and it shall not be necessary to show any actual or prior request for such service, which determination shall be final and binding on the Corporation and the person seeking indemnification.

Examples of Indemnifiable Capacity in a sentence

Upon resolution passed by the Board of Directors, the Corporation may purchase and maintain insurance on behalf of any person who is or was serving in an Indemnifiable Capacity against any liability asserted against such person and incurred by such person in any such capacity, or arising out of such person's status as such, whether or not the Corporation would have the power to indemnify such person against such liability under the provisions of this Article V.
The indemnification and advancement of expenses provided by this Article V shall continue as to a person who has ceased to serve in a capacity that entitles such person to indemnity under this Article V (an "Indemnifiable Capacity") and shall inure to the benefit of the heirs, executors and administrators of such a person.
The indemnification and advancement of expenses provided by, or granted pursuant to, this Section 4.4 shall continue as to a person who has ceased to be a Director, officer or employee of the Company or has ceased to serve in an Indemnifiable Capacity and shall inure to the benefit of the heirs, executors, administrators and estate of such a person.
This Letter Agreement shall continue in effect during the Indemnification Period (as defined in Section 8 hereof), regardless of whether Indemnitee continues to serve in an Indemnifiable Capacity.
Indemnitee agrees to serve in an Indemnifiable Capacity so long as he is duly appointed in accordance with the applicable provisions of the Certificate of Incorporation and the By-Laws of the Company or applicable constituent documents of any other entity and until such time as he resigns or is removed from his position.
All agreements and obligations of the Company contained herein shall continue during the period that Indemnitee serves in an Indemnifiable Capacity, and shall continue following such period during any period that Indemnitee shall be subject to any Proceeding, any appeal in any such Proceeding, or any inquiry or investigation that could lead to any such Proceeding, by reason of the fact that Indemnitee served in an Indemnifiable Capacity (the “Indemnification Period”).

More Definitions of Indemnifiable Capacity

Indemnifiable Capacity means any and all past or present service with the Commission by an Indemnifiable Representative.

Indemnifiable Capacity means any and all past, present and future service by an Indemnified Representative in one or more capacities as a director, officer, employee or agent of the Corporation, or, at the request of the Corporation, as a director, officer, employee, agent, fiduciary or trustee of another corporation, partnership, joint venture, trust, employee benefit plan or other entity or enterprise;

Indemnifiable Capacity means that a person is or was a director and/or executive officer of the Company, or, while serving the Company in such position, is or was serving at the request of the Company as a director, officer, partner, venturer, proprietor, trustee, employee, agent or similar functionary of another corporation, partnership, joint venture, sole proprietorship, trust, nonprofit entity, employee benefit plan, or other enterprise.