Company Bound by Favorable Determination by Reviewing Party. If a determination is made that Indemnitee is entitled to indemnification pursuant to Article 6, the Company will be bound by such determination in any judicial proceeding or arbitration commenced pursuant to this Article 8, absent (i) a misstatement by Indemnitee of a material fact or an omission of a material fact necessary to make Indemnitee’s statements in connection with the request for indemnification not materially misleading or (ii) a prohibition of such indemnification under Applicable Law.
Appears in 36 contracts
Samples: Indemnification Agreement (Expro Group Holdings N.V.), Indemnification Agreement (Frank's International N.V.), Indemnification Agreement (Frank's International N.V.)
Company Bound by Favorable Determination by Reviewing Party. If a determination is made that Indemnitee is entitled to indemnification pursuant to Article 6, the Company will be bound by such determination in any judicial proceeding or arbitration commenced pursuant to this Article 8, absent (i) a misstatement by Indemnitee of a material fact or an omission of a material fact necessary to make Indemnitee’s statements in connection with the request for indemnification not materially misleading or (ii) a prohibition of such indemnification under Applicable Lawlaw.
Appears in 24 contracts
Samples: Employment Agreement (Rackspace Hosting, Inc.), Indemnification Agreement (Blue Nile Inc), Indemnity Agreement (Meade Instruments Corp)
Company Bound by Favorable Determination by Reviewing Party. If a determination is made that Indemnitee is entitled to indemnification pursuant to Article 6, the Company will be bound by such determination in any judicial proceeding or arbitration commenced pursuant to this Article 8, absent (ia) a misstatement by Indemnitee of a material fact or an omission of a material fact necessary to make Indemnitee’s statements in connection with the request for indemnification not materially misleading or (iib) a prohibition of such indemnification under Applicable Lawlaw.
Appears in 5 contracts
Samples: Indemnification Agreement (Laredo Petroleum, Inc.), Indemnification Agreement (Laredo Petroleum Holdings, Inc.), Indemnification Agreement (Laredo Petroleum Holdings, Inc.)
Company Bound by Favorable Determination by Reviewing Party. If a determination is made that Indemnitee is entitled to indemnification pursuant to Article ARTICLE 6, the Company will be bound by such determination in any judicial proceeding or arbitration commenced pursuant to this Article ARTICLE 8, absent (i) a misstatement by Indemnitee of a material fact or an omission of a material fact necessary to make Indemnitee’s 's statements in connection with the request for indemnification not materially misleading or (ii) a prohibition of such indemnification under Applicable Lawlaw.
Appears in 5 contracts
Samples: Indemnification Agreement (Gulfwest Energy Inc), Indemnification Agreement (Gulfwest Energy Inc), Indemnification Agreement (Gulfwest Energy Inc)
Company Bound by Favorable Determination by Reviewing Party. If a determination is made that Indemnitee is entitled to indemnification pursuant to Article 6, the Company will be bound by such determination in any judicial proceeding or arbitration commenced pursuant to this Article 87, absent (i) a misstatement by Indemnitee of a material fact or an omission of a material fact necessary to make Indemnitee’s statements in connection with the request for indemnification not materially misleading or (ii) a prohibition of such indemnification under Applicable Lawlaw.
Appears in 4 contracts
Samples: Indemnification Agreement (Trilink Energy, Inc.), Indemnification Agreement (Trilink Energy, Inc.), Indemnification Agreement (Trilink Energy, Inc.)
Company Bound by Favorable Determination by Reviewing Party. If a determination is made that the Indemnitee is entitled to indemnification pursuant to Article 65, the Company will be bound by such determination in any judicial proceeding or arbitration commenced pursuant to this Article 87, absent (ia) a misstatement by the Indemnitee of a material fact or an omission of a material fact necessary to make the Indemnitee’s statements in connection with the request for indemnification not materially misleading or (iib) a prohibition of such indemnification under Applicable Lawapplicable law.
Appears in 3 contracts
Samples: Indemnification Agreement (Knife River Holding Co), Indemnification Agreement (Mdu Resources Group Inc), Indemnification Agreement (Mdu Resources Group Inc)
Company Bound by Favorable Determination by Reviewing Party. If a determination is made that Indemnitee is entitled to indemnification pursuant to Article 6, the Company will be bound by such determination in any judicial proceeding or arbitration commenced pursuant to this Article 8, absent (ia) a misstatement by Indemnitee of a material fact or an omission of a material fact necessary to make Indemnitee’s statements in connection with the request for indemnification not materially misleading misleading; or (iib) a prohibition of such indemnification under Applicable Lawlaw.
Appears in 1 contract
Samples: Indemnification Agreement (Town Sports International Holdings Inc)
Company Bound by Favorable Determination by Reviewing Party. If a determination is made that Indemnitee is entitled to indemnification pursuant to Article 66 or contribution or indemnification pursuant to Article 5, the Company will be bound by such determination in any judicial proceeding or arbitration commenced pursuant to this Article 8, absent (i) a misstatement by Indemnitee of a material fact or an omission of a material fact necessary to make Indemnitee’s 's statements in connection with the request for indemnification or contribution not materially misleading or (ii) a prohibition of such indemnification under Applicable Lawlaw.
Appears in 1 contract
Samples: Indemnification Agreement (BioNumerik Pharmaceuticals, Inc.)
Company Bound by Favorable Determination by Reviewing Party. If a determination is made that Indemnitee is entitled to indemnification pursuant to Article 6, the Company will be bound by such determination in any judicial proceeding or arbitration commenced pursuant to this Article 8, absent (i) a misstatement by Indemnitee of a material fact or an omission of a material fact necessary to make Indemnitee’s 's statements in connection with the request for indemnification not materially misleading or (ii) a prohibition of such indemnification under Applicable Lawlaw.
Appears in 1 contract
Samples: Indemnification Agreement (Crimson Exploration Inc.)
Company Bound by Favorable Determination by Reviewing Party. If Subject to Article 13, if a determination is made that Indemnitee is entitled to indemnification pursuant to Article 6, the Company will be bound by such determination in any judicial proceeding or arbitration commenced pursuant to this Article 8, absent (i) a misstatement by Indemnitee of a material fact or an omission of a material fact necessary to make Indemnitee’s statements in connection with the request for indemnification not materially misleading or (ii) a prohibition of such indemnification under Applicable Lawlaw.
Appears in 1 contract
Company Bound by Favorable Determination by Reviewing Party. If a determination is made that Indemnitee is entitled to indemnification pursuant to Article 6Article VI, the Company will be bound by such determination in any judicial proceeding or arbitration commenced pursuant to this Article 8Article VIII, absent (i) a misstatement by Indemnitee of a material fact or an omission of a material fact necessary to make Indemnitee’s statements in connection with the request for indemnification not materially misleading or (ii) a prohibition of such indemnification under Applicable Lawlaw.
Appears in 1 contract
