By the Stockholders. (c) In the event the determination of entitlement is to be made by Independent Counsel, such Independent Counsel shall be selected by the Board and approved by Indemnitee. Upon failure of the Board to so select such Independent Counsel or upon failure of Indemnitee to so approve, such Independent Counsel shall be selected by the American Arbitration Association of
Appears in 4 contracts
Samples: Indemnification Agreement (Clientlogic Corp), Indemnification Agreement (Clientlogic Corp), Indemnification Agreement (Clientlogic Corp)
By the Stockholders. (c) In the event the determination of entitlement is to be made by Independent Counsel, such Independent Counsel shall be selected by the Board and the Board of Directors of the Subsidiary and approved by Indemnitee. Upon failure of the Board and the Board of Directors of the Subsidiary to so select such Independent Counsel or upon failure of Indemnitee to so approve, such Independent Counsel shall be selected by the American Arbitration Association ofof New York, New York or such other person as such Association shall designate to make such selection.
Appears in 2 contracts
Samples: Form of Indemnification Agreement (Commscope Inc), Form of Indemnification Agreement (Commscope Inc)
By the Stockholders. (c) In the event the determination of entitlement is to be made by Independent Counsel, such Independent Counsel shall be selected by the Board and approved by Indemnitee, subject to the approval of the Board, such approval not to be unreasonably withheld. Upon failure of the Board Indemnitee to so select such Independent Counsel or upon failure of Indemnitee the Board to so approve, such Independent Counsel shall be selected by the American Arbitration Association ofof New York, New York or such other person as such Association shall designate to make such selection.
Appears in 2 contracts
Samples: Indemnification Agreement (United Stationers Supply Co), Indemnification Agreement (United Stationers Supply Co)
By the Stockholders. (c) In the event the determination of entitlement is to be made by Independent Counsel, such Independent Counsel shall be selected by the Board and approved by Indemnitee. Upon failure of the Board to so select such Independent Counsel or upon failure of Indemnitee to so approve, such Independent Counsel shall be selected by the American Arbitration Association ofof New York, New York or such other person as such Association shall designate to make such selection.
Appears in 2 contracts
Samples: Form of Indemnification Agreement (General Semiconductor Inc), Form of Indemnification Agreement (Commscope Inc)
