Company Bound. If a determination shall have been made or deemed to have been made pursuant to Section 7 of this Agreement that Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration absent (i) a misstatement by Indemnitee of a material fact, or an omission of a material fact necessary to make Indemnitee’s statement not materially misleading in connection with the request for indemnification or (ii) a prohibition of such indemnification under applicable law.
Company Bound. I understand that, by the act of presenting this Agreement to me, the Company has agreed to bind itself to (and is entitled to invoke) this Agreement upon my execution of it, without need for a signature on its part.
Company Bound. If a determination shall have been made or deemed to have been made pursuant to Section 6 or 7 of this Agreement that Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration absent (a) a misstatement of a material fact by Indemnitee, or an omission of a material fact necessary to make Indemnitee’s statement not materially misleading, in connection with the request for indemnification or the furnishing of information or (b) a prohibition of such indemnification under applicable law. The Company shall be precluded from asserting in any such judicial proceeding or arbitration that the procedures and presumptions of this Agreement are not valid, binding and enforceable and shall stipulate in any such court or before any such arbitrator that the Company is bound by all provisions of this Agreement.
Company Bound. If a determination is made under Article VI that Indemnitee is entitled to indemnification, the Company shall be bound by such determination in any adjudication or arbitration absent (a) a misstatement by Indemnitee of a material fact, or an omission of a material fact necessary to make Indemnitee's statement not materially misleading, in connection with the request for indemnification or the furnishing of information under Section 6.4, or (b) a prohibition of such indemnification under applicable law.
Company Bound. Pursuant to the Adopting Resolutions, the Company shall be bound by the obligations stated herein and shall use its best efforts to ensure that the rights and obligations granted under this Agreement are effective and that the Parties enjoy the benefits of this Agreement. The Company will not, by any voluntary action, avoid or seek to avoid the observance or performance of any of the terms to be performed hereunder by the Company, but will at all times in good faith assist in the carrying out of all of the provisions of this Agreement and in the taking of all such actions as may be necessary, appropriate or reasonably requested by the Holders in order to protect the rights of the Holders against impairment.
Company Bound. If a determination shall have been made or deemed to have been made pursuant to Section 16 of this Agreement that the Executive is entitled to indemnification, the Company shall be bound by such determination in any judicial proceeding or arbitration absent (i) a misstatement by the Executive of a material fact, or a failure to disclose facts which would make Executive's statement not materially misleading, in connection with the request for indemnification or (ii) a prohibition of such indemnification under applicable law.
Company Bound. The Company undertakes with each of DISX and TCN to be bound by and comply with the terms and conditions of this Agreement to the extent that the same relate to the Company and to act in all respects as contemplated by this Agreement.
Company Bound. The Company shall carry out and be bound by this Agreement to the full extent that it has the capacity and power at law to do so.
Company Bound. This Agreement sets forth obligations of the Company although the Company is not a party to this Agreement. The Company and Xx. Xxxxx Xxxx Xxx, as representative director of the Company and personal capacity, hereby agree to be bound by the terms and conditions of this Agreement and execute this Agreement.
Company Bound. If a determination shall have been made or deemed to have been made pursuant to Article VI of this Agreement that Indemnitee is entitled to indemnification, the
