Subsequent Amendment. No amendment, termination or repeal of this Article or of the relevant provisions of the DGCL or any other applicable laws shall affect or diminish in any way the rights of any Indemnitee to indemnification under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 5 contracts
Sources: Merger Agreement (Biocryst Pharmaceuticals Inc), Merger Agreement (NxStage Medical, Inc.), Merger Agreement (Vision Sciences Inc /De/)
Subsequent Amendment. No amendment, termination or repeal of this Article Section 2 or of the relevant provisions of the DGCL or any other applicable laws shall affect or diminish in any way the rights of any Indemnitee to indemnification under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 2 contracts
Sources: Merger Agreement (Edison Schools Inc), Merger Agreement (Edison Schools Inc)
Subsequent Amendment. No To the fullest extent permitted by law, no amendment, termination or repeal of this Article EIGHTH or of the relevant provisions of the DGCL or any other applicable laws shall affect or diminish in any way the rights of any Indemnitee to indemnification under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 2 contracts
Sources: Convertible Preferred Stock Agreement (Predix Pharmaceuticals Holdings Inc), Agreement to Purchase Capital Stock (Predix Pharmaceuticals Holdings Inc)
Subsequent Amendment. No amendment, termination or repeal of this Article SIXTH or of the relevant provisions of the DGCL or any other applicable laws shall adversely affect or diminish in any way the rights of any Indemnitee to indemnification under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 2 contracts
Sources: Merger Agreement (IVERIC Bio, Inc.), Merger Agreement (Stemline Therapeutics Inc)
Subsequent Amendment. No amendment, termination or repeal of this Article Section 9 or of the relevant provisions of the DGCL or any other applicable laws shall affect or diminish in any way the rights of any Indemnitee to indemnification under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 2 contracts
Sources: Merger Agreement (Inspire Pharmaceuticals Inc), Merger Agreement (Sepracor Inc /De/)
Subsequent Amendment. No amendment, termination or repeal of this Article VI or of the relevant provisions of the DGCL or any other applicable laws shall adversely affect or diminish in any way the rights of any Indemnitee to indemnification under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 1 contract
Sources: Merger Agreement (HilleVax, Inc.)
Subsequent Amendment. No amendment, termination or repeal of this Article FIFTH or of the relevant provisions of the DGCL or any other applicable laws shall adversely affect or diminish in any way the rights of any Indemnitee to indemnification under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 1 contract
Sources: Merger Agreement (Epizyme, Inc.)
Subsequent Amendment. No amendment, termination or repeal of this Article VII or of the relevant provisions of the DGCL General Corporation Law or any other applicable laws shall affect or diminish in any way the rights of any Indemnitee to indemnification under the provisions hereof with respect to any action, suit, proceeding or investigation claim arising out of or relating to any actions, omissions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 1 contract
Sources: Merger Agreement (Nortek Inc)
Subsequent Amendment. No amendment, termination or repeal of this Article SEVENTH or of the relevant provisions of the DGCL or any other applicable laws shall adversely affect or diminish in any way the rights of any Indemnitee to indemnification under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 1 contract
Sources: Merger Agreement (Airvana Inc)
Subsequent Amendment. No amendment, termination or repeal of this Article or of the relevant provisions of the DGCL or any other applicable laws shall adversely affect or diminish in any way the rights of any Indemnitee to indemnification or advancement of expenses under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 1 contract
Sources: Merger Agreement (Nxu, Inc.)
Subsequent Amendment. No amendment, termination or repeal of this Article VIII or of the relevant provisions of the DGCL or any other applicable laws shall adversely affect or diminish in any way the rights of any Indemnitee to indemnification under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 1 contract
Subsequent Amendment. No amendment, termination or repeal of this Article SEVENTH or of the relevant provisions of the DGCL General Corporation Law or any other applicable laws shall adversely affect or diminish in any way the rights of any Indemnitee to indemnification under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 1 contract