D&O Tail Policy. The Surviving Corporation shall (and Parent shall cause the Surviving Corporation to) maintain such D&O Tail Policy in full force and effect and continue to honor their respective obligations thereunder. To the extent doing so would not conflict with the D&O Tail Policy, the Company Indemnified Parties shall seek recovery from the D&O Tail Policy (if and to the extent such recovery is available at such time) prior to seeking recourse from Parent or the Surviving Corporation.
Appears in 2 contracts
Sources: Merger Agreement (Semnur Pharmaceuticals, Inc.), Merger Agreement (Semnur Pharmaceuticals, Inc.)