Limitation on Indemnification. Subject to applicable law, notwithstanding any language in this Article V to the contrary, in no event shall any Person be entitled to indemnification pursuant to this Article V if it is established or admitted either (a) in a final judgment of a court of competent jurisdiction or (b) by such Person in any affidavit, sworn statement, plea arrangement or other cooperation with any government or regulatory authority that the Person’s acts or omissions that would otherwise be subject to indemnification under this Article V constituted fraud.
Appears in 29 contracts
Samples: Limited Liability Company Agreement (TCEH Finance, Inc.), Limited Liability Company Agreement (TCEH Finance, Inc.), Limited Liability Company Agreement (TCEH Finance, Inc.)
Limitation on Indemnification. Subject to applicable law, notwithstanding any language in this Article V to the contrary, in no event shall any Person person be entitled to indemnification pursuant to this Article V if it is established or admitted either (a) in a final judgment of a court of competent jurisdiction or (b) by such Person in any affidavit, sworn statement, plea arrangement or other cooperation with any government or regulatory authority that the Person’s acts or omissions that would otherwise be subject to indemnification under this Article V constituted fraud.admitted:
Appears in 17 contracts
Samples: Limited Liability Company Agreement (NCA Resources Development Co LLC), Limited Liability Company Agreement (NCA Resources Development Co LLC), Limited Liability Company Agreement (NCA Resources Development Co LLC)
Limitation on Indemnification. Subject to applicable law, notwithstanding any language in this Article V to the contrary, in no event shall any Person be entitled to indemnification pursuant to this Article V if it is established or admitted either (a) in a final judgment of a court of competent jurisdiction or (b) by such Person in any affidavit, sworn statement, plea arrangement or other cooperation with any government or regulatory authority that the Person’s 's acts or omissions that would otherwise be subject to indemnification under this Article V constituted fraud.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Energy Future Competitive Holdings CO), Limited Liability Company Agreement (Energy Future Intermediate Holding CO LLC)
Limitation on Indemnification. Subject to applicable law, notwithstanding any language in this Article V XII to the contrary, in no event shall any Person be entitled to indemnification pursuant to this Article V XII if it is established or admitted either (a) in a final judgment of a court of competent jurisdiction or (b) by such Person in any affidavit, sworn statement, plea arrangement or other cooperation with any government or regulatory authority that the Person’s acts or omissions that would otherwise be subject to indemnification under this Article V constituted fraud.admitted:
Appears in 1 contract
Samples: Limited Liability Company Agreement (Txu Energy Co LLC)
Limitation on Indemnification. Subject to applicable law, notwithstanding any language in this Article V XII to the contrary, in no event shall any Person be entitled to indemnification pursuant to this Article V XII if it is established or admitted either (a) in a final judgment of a court of competent jurisdiction or (b) by such Person in any affidavit, sworn statement, plea arrangement or other cooperation with any government or regulatory authority that the Person’s acts or omissions that would otherwise be subject to indemnification under this Article V XII constituted fraud.fraud ..
Appears in 1 contract
Samples: Limited Liability Company Agreement (TCEH Finance, Inc.)
