Exception to Right of Indemnification or Advancement of Expenses. Except as provided in Section 11(e), Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding, or any claim therein, brought or made by Indemnitee against the Corporation. For the purposes of this Section 15, a Proceeding in the right of the Corporation shall not be deemed to constitute a Proceeding brought or made by the Corporation.
Appears in 13 contracts
Sources: Employment Agreement (Juniper Pharmaceuticals Inc), Employment Agreement (Juniper Pharmaceuticals Inc), Employment Agreement (Columbia Laboratories Inc)
Exception to Right of Indemnification or Advancement of Expenses. Except as provided in Section 11(e), Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding, or any claim therein, brought or made by Indemnitee him against the Corporation. For the purposes of this Section 15, a Proceeding in the right of the Corporation shall not be deemed to constitute a Proceeding brought or made by the Corporation.
Appears in 7 contracts
Sources: Indemnification Agreement (Huntington Ingalls Industries, Inc.), Indemnification Agreement (Kirlin Holding Corp), Indemnification Agreement (Kirlin Holding Corp)
Exception to Right of Indemnification or Advancement of Expenses. Except as provided in Section 11(e), Indemnitee shall not be entitled to indemnification or advancement of Expenses under this the Agreement with respect to any Proceeding, or any claim therein, brought or made by Indemnitee against the Corporation. For the purposes of this the Section 15, a Proceeding in the right of the Corporation shall not be deemed to constitute a Proceeding brought or made by the Corporation.
Appears in 5 contracts
Sources: Employment Agreement (Juniper Pharmaceuticals Inc), Employment Agreement (Juniper Pharmaceuticals Inc), Employment Agreement (Juniper Pharmaceuticals Inc)
Exception to Right of Indemnification or Advancement of Expenses. Except as provided in Notwithstanding any other provision of this Agreement, but subject to Section 11(e)10, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any ProceedingProceeding brought by Indemnitee, or any claim therein, unless the bringing of such Proceeding or making of such claim shall have been approved by the Board of Directors of the Company and/or the Subsidiaries against whom such claim shall have been brought or made by Indemnitee against the Corporation. For the purposes of this Section 15, a Proceeding in the right of the Corporation shall not be deemed to constitute a Proceeding brought or made by the Corporationmade.
Appears in 3 contracts
Sources: Indemnification Agreement (Apollo Gold Corp), Indemnification Agreement (Apollo Gold Corp), Indemnification Agreement (Apollo Gold Corp)
Exception to Right of Indemnification or Advancement of Expenses. Except as provided in Section 11(e), Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding, or any claim therein, brought or made by Indemnitee against the Corporation. For the purposes of this Section 15, a Proceeding in the right of the Corporation shall not be deemed to constitute a Proceeding brought or made by the CorporationCompany.
Appears in 3 contracts
Sources: Indemnification Agreement (DREW INDUSTRIES Inc), Indemnification Agreement (Drew Industries Inc), Indemnification Agreement (Drew Industries Inc)
Exception to Right of Indemnification or Advancement of Expenses. Except as provided in Section 11(e11(d), Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding, or any claim therein, therein brought or made by Indemnitee him or her against the Corporation. For the purposes of this Section 15, a Proceeding in the right of the Corporation shall not be deemed to constitute a Proceeding brought or made by the Corporation.
Appears in 1 contract
Exception to Right of Indemnification or Advancement of Expenses. Except as provided in Section 11(e), Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding, or any claim therein, brought or made by Indemnitee him against the Corporation. For the purposes of this Section 15, a Proceeding in the right of the Corporation shall not be deemed to constitute a Proceeding brought or made by the Corporation.
Appears in 1 contract
Sources: Indemnification Agreement (Progenics Pharmaceuticals Inc)
Exception to Right of Indemnification or Advancement of Expenses. Except as provided in Section 11(e11(d), Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding, or any claim therein, brought or made by Indemnitee against the Corporation. For the purposes of this Section 15, a Proceeding in the right of the Corporation shall not be deemed to constitute a Proceeding brought or made by the Corporation.
Appears in 1 contract
Sources: Indemnification Agreement (Allied Nevada Gold Corp)
Exception to Right of Indemnification or Advancement of Expenses. Except as provided in Section 11(e)11.5 and under Article 164 of the Company’s Second Amended and Restated Memorandum and Articles of Association, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding, or any claim therein, brought or made by Indemnitee him against the Corporation. For the purposes of this Section 15, a Proceeding in the right of the Corporation shall not be deemed to constitute a Proceeding brought or made by the CorporationCompany.
Appears in 1 contract
Sources: Indemnification Agreement (Asia Entertainment & Resources Ltd.)
Exception to Right of Indemnification or Advancement of Expenses. Except as provided in Notwithstanding any other provision of this Agreement, but subject to Section 11(e)10(d) hereof, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any ProceedingProceeding brought by Indemnitee, or 9 10 any claim therein, brought unless the bringing of such Proceeding or made by Indemnitee against the Corporation. For the purposes making of this Section 15, a Proceeding in the right of the Corporation such claim shall not be deemed to constitute a Proceeding brought or made have been approved by the CorporationBoard of Directors.
Appears in 1 contract
Sources: Indemnification Agreement (American Management Systems Inc)
Exception to Right of Indemnification or Advancement of Expenses. Except as provided in Section 11(e)11.5 or with the consent of the Board of Directors, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding, or any claim therein, brought or made by Indemnitee him against the Corporation. For the purposes of this Section 15, a Proceeding in the right of the Corporation shall not be deemed to constitute a Proceeding brought or made by the Corporation.
Appears in 1 contract
Sources: Indemnification Agreement (Ladenburg Thalmann Financial Services Inc)
Exception to Right of Indemnification or Advancement of Expenses. Except as provided in Section 11(e), Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding, or any claim therein, brought or made by such Indemnitee against the Corporation. For the purposes of this Section 15, a Proceeding in the right of the Corporation shall not be deemed to constitute a Proceeding brought or made by the Corporation.
Appears in 1 contract