Common use of D&O Tail Policy Clause in Contracts

D&O Tail Policy. Each Purchaser acknowledges and agrees that, on or after the Closing Date, the Company shall purchase a “tail” policy under the Company’s existing directors’ and officers’ liability insurance policy, which (a) has a claims period of six (6) years from its effective date of coverage (the “Claims Period”), (b) provides a level of coverage comparable to the coverage under the Company’s existing directors’ and officers’ liability insurance policy and (c) remains in full force and effect for the duration of the Claims Period.

Appears in 2 contracts

Sources: Convertible Note Purchase Agreement (Gi Dynamics, Inc.), Convertible Note Purchase Agreement (Gi Dynamics, Inc.)