Common use of Limitations of Right to Assume Defense Clause in Contracts

Limitations of Right to Assume Defense. The Stockholders' Representatives or the Parent (as the case may be) shall not be entitled to assume control of such defense if: (i) the Third Party Claim relates to or arises in connection with any criminal proceeding, action, indictment, allegation or investigation; (ii) the Third Party Claim seeks an injunction or equitable relief against Parent or the Stockholders' Representatives (as the case may be); or (iii) there is a reasonable probability that a Third Party Claim may materially and adversely affect Parent or the Stockholders' Representatives (as the case may be) other than as a result of money damages or other money payments.

Limitations of Right to Assume Defense. The Stockholders' ’ Representatives or the Parent (as the case may be) shall not be entitled to assume control of such defense if: (i) the Third Party Claim relates to or arises in connection with any criminal proceeding, action, indictment, allegation or investigation; (ii) the Third Party Claim seeks an injunction or equitable relief against Parent or the Stockholders' ’ Representatives (as the case may be); or (iii) there is a reasonable probability that a Third Party Claim may materially and adversely affect Parent or the Stockholders' ’ Representatives (as the case may be) other than as a result of money damages or other money payments.