Lack of Good Faith. Any Proceeding instituted by Indemnitee to enforce or interpret this Agreement, if a court of competent jurisdiction determines that each of the material assertions made by Indemnitee in such Proceeding was not made in good faith or was frivolous;
Appears in 11 contracts
Samples: Indemnification Agreement (Bio-Path Holdings Inc), Indemnification Agreement (Roundy's, Inc.), Indemnification Agreement (LGI Homes, Inc.)
Lack of Good Faith. Any Proceeding To indemnify Indemnitee with respect to any Proceedings instituted by Indemnitee to enforce or interpret this Agreement, if a court of competent jurisdiction determines that each of the material assertions made by Indemnitee in such Proceeding was not made in good faith or was frivolous;; or
Appears in 3 contracts
Samples: Indemnification Agreement (Aerie Pharmaceuticals Inc), Indemnification Agreement (Visicu Inc), Indemnification Agreement (MDxHealth SA)
Lack of Good Faith. Any Proceeding To indemnify Indemnitee with respect to any proceeding instituted by Indemnitee to enforce or interpret this Agreement, if a court of competent jurisdiction determines that each of the material assertions made by the Indemnitee in such Proceeding proceeding was not made in good faith or was frivolous;.
Appears in 2 contracts
Samples: Director Indemnification Agreement (Levi Strauss & Co), Indemnification Agreement (Levi Strauss & Co)
Lack of Good Faith. Any Proceeding To indemnify the Indemnitee with respect to any Proceedings instituted by the Indemnitee to enforce or interpret this Agreement, if a court of competent jurisdiction determines that each of the material assertions made by the Indemnitee in such Proceeding was not made in good faith or was frivolous;; or
Appears in 2 contracts
Samples: Indemnification Agreement (Amag Pharmaceuticals Inc.), Indemnification Agreement (Advanced Magnetics Inc)
Lack of Good Faith. Any With respect to any Proceeding instituted by the Indemnitee to enforce or interpret this Agreement, if a court of competent jurisdiction determines that each of the material assertions made by the Indemnitee in such Proceeding was not made in good faith or was frivolous;; or
Appears in 2 contracts
Samples: Indemnity Agreement (Procyte Corp /Wa/), Indemnity Agreement (Lion Inc/Wa)
Lack of Good Faith. Any Proceeding To indemnify Indemnitee with respect to any Proceedings instituted by Indemnitee to enforce or interpret this Agreement, if a court of competent jurisdiction finally determines that each of the material assertions made by Indemnitee in such Proceeding was not made in good faith or was frivolous;; or
Appears in 2 contracts
Samples: Indemnification Agreement (Global Secure Corp.), Indemnification Agreement (Demandware Inc)
Lack of Good Faith. Any With respect to any Proceeding instituted by the ------------------ Indemnitee to enforce or interpret this Agreement, if a court of competent jurisdiction determines that each of the material assertions made by the Indemnitee in such Proceeding was not made in good faith or was frivolous;; or
Appears in 1 contract
Lack of Good Faith. Any That are incurred with respect to any Proceeding instituted by the Indemnitee to enforce or interpret this Agreement, if a court of competent jurisdiction determines that each any of the material assertions made by the Indemnitee in such Proceeding proceeding was not made in good faith or was frivolous;
Appears in 1 contract
Lack of Good Faith. Any Proceeding To indemnify Indemnitee with respect to any proceeding instituted by Indemnitee to enforce or interpret this Agreement, if a court of competent jurisdiction determines that each of the material assertions made by the Indemnitee in such Proceeding proceeding was not made in good faith or was frivolous;; or
Appears in 1 contract
Samples: Indemnification Agreement (Micro Focus Group Public Limited Company)
