Effect of Determination. Neither the absence of a determination prior to the commencement of such suit that indemnification of the Indemnitee is proper in the circumstances because the Indemnitee has met the applicable standard of conduct set forth in applicable law, nor an actual determination that the Indemnitee has not met such applicable standard of conduct, shall create a presumption that the Indemnitee has not met the applicable standard of conduct or, in the case of such a suit brought by the Indemnitee, be a defense to such suit.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (InterPrivate II Acquisition Corp.), Agreement and Plan of Merger (VPC Impact Acquisition Holdings III, Inc.), Business Combination Agreement (Pioneer Merger Corp.)
Effect of Determination. Neither the absence of a determination prior to the commencement of such suit that indemnification of or the providing of advancement to the Indemnitee is proper in the circumstances because the Indemnitee has met the applicable standard of conduct set forth in applicable law, nor an actual determination that the Indemnitee has not met such applicable standard of conduct, shall create a presumption that the Indemnitee has not met the applicable standard of conduct or, in the case of such a suit brought by the Indemnitee, be a defense to such suit.
Appears in 2 contracts
Samples: Business Combination Agreement (Phoenix Biotech Acquisition Corp.), Agreement and Plan of Merger (890 5th Avenue Partners, Inc.)
Effect of Determination. Neither the The absence of a determination prior to the commencement of such suit that indemnification of the Indemnitee is proper in the circumstances because the Indemnitee has met the applicable standard of conduct set forth in applicable law, nor an actual determination that the Indemnitee has law shall not met such applicable standard of conduct, shall create a presumption that the Indemnitee has not met the applicable standard of conduct or, in the case of such a suit brought by the Indemnitee, be a defense to such suit.
Appears in 1 contract
Samples: Business Combination Agreement (DPCM Capital, Inc.)
