Common use of Additional Capacities Clause in Contracts

Additional Capacities. To the extent that Indemnitee is or was serving or has agreed to serve at the request of the Company as a director or officer of another foreign or domestic corporation, partnership, limited liability company, joint venture, trust, employee benefit plan or other enterprise, or as a trustee or administrator under any employee benefit plan of the Company or any wholly-owned subsidiary thereof, the indemnification provided hereunder will be secondary to any liability insurance and/or indemnification obligations provided by such enterprise, and those obligations will be primary to the Company’s obligations hereunder.

Appears in 2 contracts

Sources: Indemnification Agreement (Wolfspeed, Inc.), Indemnification Agreement (Cree Inc)