Effect of Federal Law. Both the Corporation and indemnitee acknowledge that in certain instances, federal law will override Nevada law and prohibit the Corporation from indemnifying its officers and directors. For example, the Corporation and Indemnitee acknowledge that the Securities and Exchange Commission has taken the position that indemnification is not permissible for liabilities arising under certain federal securities laws, and federal law prohibits indemnification for certain violations of the Employee Retirement Income Security Act.
Appears in 3 contracts
Samples: Indemnification Agreement (Accupoll Holding Corp), Indemnification Agreement (Accupoll Holding Corp), Indemnification Agreement (Accupoll Holding Corp)
Effect of Federal Law. Both the Corporation and indemnitee Indemnitee acknowledge that in certain instances, federal law will override Nevada law and prohibit the Corporation from indemnifying its officers and directors. For example, the The Corporation and Indemnitee specifically acknowledge that the Securities and Exchange Commission has taken the position that indemnification is not permissible for liabilities arising under certain federal securities laws, and federal law prohibits indemnification for certain violations of the Employee Retirement Income Security Act.
Appears in 1 contract