Determination of Request. Upon written request by Indemnitee for indemnification pursuant to the first sentence of Section 4.1 hereof, a determination, if required by applicable law, with respect to whether Indemnitee is permitted under applicable law to be indemnified shall be made in accordance with the terms of Section 4.5, in the specific case as set forth in this Section 4.2:
Appears in 26 contracts
Samples: Indemnification Agreement (Reata Pharmaceuticals Inc), Indemnification Agreement (Reata Pharmaceuticals Inc), Indemnification Agreement (Reata Pharmaceuticals Inc)
Determination of Request. Upon written request by Indemnitee for indemnification pursuant to the first sentence of Section 4.1 hereof, a determination, if required by applicable law, with respect to whether Indemnitee is permitted under applicable law to be indemnified shall be made made, in accordance with the terms of Section 4.5, in the specific case as set forth in this Section 4.2follows:
Appears in 16 contracts
Samples: Resources Company (Pioneer Natural Resources Co), Resources Company (Pioneer Natural Resources Co), Indemnification Agreement (Pioneer Natural Resources Co)
Determination of Request. Upon written request by Indemnitee for indemnification pursuant to the first sentence of Section 4.1 hereof, a determination, if required by applicable law, with respect to whether Indemnitee is permitted under applicable law to be indemnified shall be made in accordance with the terms of Section 4.5, in the specific case as set forth in this Section 4.2follows:
Appears in 8 contracts
Samples: Resources Company (Pioneer Natural Resources Co), Natural Resources Company (Pioneer Natural Resources Co), Natural Resources Company (Pioneer Natural Resources Co)
Determination of Request. Upon written request by Indemnitee for indemnification pursuant to the first sentence of Section 4.1 5.1 hereof, a determination, if required by applicable law, with respect to whether Indemnitee is permitted under applicable law to be indemnified Indemnitee's entitlement thereto shall be made in accordance with the terms of Section 4.5, in the specific case as set forth in this Section 4.2follows:
Appears in 7 contracts
Samples: Indemnification Agreement (Mmi Products Inc), Indemnification Agreement (Pioneer Natural Resources Co), Indemnification Agreement (Mmi Products Inc)
Determination of Request. Upon written request by Indemnitee for indemnification pursuant to the first sentence of Section 4.1 hereof5.1, a determination, if required by applicable law, with respect to whether Indemnitee is permitted under applicable law to be indemnified Indemnitee's entitlement thereto shall be made in accordance with the terms of Section 4.5, in the specific case as set forth in this Section 4.2follows:
Appears in 6 contracts
Samples: Restricted Stock Unit Agreement (Electronic Data Systems Corp /De/), Nonqualified Stock Option Agreement (Electronic Data Systems Corp /De/), Indemnification Agreement (Lennox International Inc)
Determination of Request. Upon written request by Indemnitee for indemnification pursuant to the first sentence of Section 4.1 hereof, a determination, if required by applicable law, with respect to whether Indemnitee is permitted under applicable law to be indemnified shall be made in accordance with the terms of Section 4.54.4, in the specific case as set forth in this Section 4.2follows:
Appears in 4 contracts
Samples: Slca Ii (Slca Ii, Inc.), Indemnification Agreement (Slca I, Inc.), Indemnification Agreement (Orion Marine Group Inc)
Determination of Request. Upon written request by Indemnitee for indemnification pursuant to the first sentence of Section 4.1 hereof, a determination, if required by applicable law, with respect to whether Indemnitee is permitted under applicable law Article III to be indemnified shall be made in accordance with the terms of Section 4.5, in the specific case as set forth in this Section 4.2follows:
Appears in 4 contracts
Samples: Indemnification Agreement (Pioneer Southwest Energy Partners L.P.), Indemnification Agreement (Pioneer Southwest Energy Partners L.P.), Indemnification Agreement (Pioneer Southwest Energy Partners L.P.)
Determination of Request. Upon written request by Indemnitee for indemnification pursuant to the first sentence of Section 4.1 hereof, a determination, if required by applicable law, with respect to whether Indemnitee is permitted under applicable law to be indemnified indemnified, shall be made in accordance with the terms of Section 4.54.4, in the specific case as set forth in this Section 4.2follows:
Appears in 4 contracts
Samples: Indemnification Agreement, Indemnification Agreement (PDC Energy, Inc.), Form of Indemnification Agreement (Universal Insurance Holdings, Inc.)
Determination of Request. Upon written request by Indemnitee for indemnification pursuant to the first sentence of Section 4.1 hereof, a determination, if required by applicable law, with respect to whether Indemnitee is permitted under applicable law to be indemnified indemnified, shall be made in accordance with the terms of Section 4.5, in the specific case as set forth in this Section 4.2follows:
Appears in 3 contracts
Samples: Indemnification Agreement (Amphastar Pharmaceuticals, Inc.), Indemnification Agreement (Amphastar Pharmaceuticals, Inc.), Form of Indemnification Agreement (Geotag Inc.)
Determination of Request. Upon written request by Indemnitee for indemnification pursuant to the first sentence of Section 4.1 hereof, a determination, if required by applicable law, with respect to whether Indemnitee is permitted under applicable law to be indemnified shall be made in accordance with the terms of Section 4.54.5(b), in the specific case as set forth in this Section 4.2follows:
Appears in 2 contracts
Samples: Indemnification Agreement (Pioneer Natural Resources Co), Indemnification Agreement (Pioneer Natural Resources Co)
Determination of Request. Upon receipt of the written request by Indemnitee for indemnification pursuant to the first sentence of Section 4.1 hereof, a determination, if required by applicable law, with respect to whether Indemnitee is permitted under applicable law to be indemnified shall be made in accordance with the terms of Section 4.5, in the specific case as set forth in this Section 4.2follows:
Appears in 2 contracts
Samples: Indemnification Agreement (Accuro Healthcare Solutions, Inc.), Indemnification Agreement (Haggar Corp)
Determination of Request. Upon written request by Indemnitee for indemnification pursuant to the first sentence of Section 4.1 hereof5.1, a determination, if required by applicable law, with respect to whether Indemnitee is permitted under applicable law to be indemnified shall Indemnitee’s entitlement thereto will be made in accordance with the terms of Section 4.5, in the specific case as set forth in this Section 4.2follows:
Appears in 2 contracts
Samples: Indemnification Agreement (Lennox International Inc), Indemnification Agreement (Lennox International Inc)
Determination of Request. Upon written request by Indemnitee for indemnification or advancement of Expenses pursuant to the first sentence of Section 4.1 hereof5.1, a determination, if (and only if) required by applicable law, with respect to whether Indemnitee is permitted under applicable law to be indemnified Indemnitee's entitlement thereto shall be made in accordance with the terms of Section 4.5, in the specific case as set forth in this Section 4.2follows:
Appears in 1 contract
Determination of Request. Upon written request by Indemnitee for indemnification pursuant to the first sentence of Section 4.1 hereof, ; a determination, if required by applicable law, with respect to whether Indemnitee is permitted under applicable law to be indemnified shall be made in accordance with the terms of Section 4.5MBCA, in the specific case as set forth in this Section 4.2any of the following ways:
Appears in 1 contract
Samples: Indemnification Agreement (Caraco Pharmaceutical Laboratories LTD)
Determination of Request. Upon written request by Indemnitee for indemnification pursuant to the first sentence of Section 4.1 hereof5.1, a determination, if required by applicable law, with respect to whether Indemnitee is permitted under applicable law to be indemnified Indemnitee’s entitlement thereto shall be made in accordance with the terms of Section 4.5, in the specific case as set forth in this Section 4.2follows:
Appears in 1 contract
Determination of Request. Upon written request by Indemnitee for indemnification pursuant to the first sentence of Section 4.1 5.1 hereof, a determination, if required by applicable law, with respect to whether Indemnitee is permitted under applicable law to be indemnified shall be made in accordance with the terms of Section 4.55.5(b), in the specific case as set forth in this Section 4.2follows:
Appears in 1 contract
Samples: Indemnification Agreement (Pioneer Natural Resources Co)
Determination of Request. Upon written request by Indemnitee for indemnification pursuant to the first sentence of Section 4.1 hereof5.1, a determination, if required by applicable law, with respect to whether Indemnitee is permitted under applicable law to be indemnified shall be made in accordance with the terms of Section 4.55.4, in the specific case as set forth in this Section 4.2follows:
Appears in 1 contract
Determination of Request. Upon written request by Indemnitee for indemnification pursuant to the first sentence of Section 4.1 5.1 hereof, a determination, if required by applicable law, with respect to whether Indemnitee is permitted under applicable law to be indemnified shall be made in accordance with the terms of Section 4.5, in the specific case as set forth in this Section 4.2:with
Appears in 1 contract
Determination of Request. Upon written request by Indemnitee for indemnification pursuant to the first sentence of Section 4.1 hereof, a determination, if required by applicable law, with respect to whether Indemnitee is permitted under applicable law to be indemnified in the specific case, shall be made in accordance with the terms of Section 4.54.4, in the specific case as set forth in this Section 4.2follows:
Appears in 1 contract
Samples: Indemnification Agreement (Trico Marine Services Inc)
Determination of Request. Upon written request by Indemnitee for indemnification pursuant to the first sentence Section 5.1 or an advancement of Expenses pursuant to Section 4.1 hereof4.3, a determination, if required by applicable law, with respect to whether Indemnitee is permitted under applicable law to be indemnified Indemnitee's entitlement thereto shall be made in accordance with the terms of Section 4.5, in the specific case as set forth in this Section 4.2follows:
Appears in 1 contract
