Mutual Acknowledgment. Both the Company and Indemnitee acknowledge that, in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company may be required in the future to submit for determination by the appropriate regulatory agency the question of whether the Company’s obligation to indemnify Indemnitee is barred as a matter of public policy. Nothing in this Agreement is intended to require or will be construed as requiring the Company to do or fail to do any act in violation of applicable law. The Company’s inability, pursuant to court order, to perform its obligations under this Agreement will not constitute a breach of this Agreement; it being understood that, in such event, the Company’s obligations shall nevertheless remain outstanding to the fullest extent permitted by applicable law.
Appears in 13 contracts
Samples: Indemnification Agreement (NewPage Holdings Inc.), Indemnification Agreement (NewPage Holdings Inc.), Indemnification Agreement (NewPage Holdings Inc.)
Mutual Acknowledgment. Both the Company and Indemnitee acknowledge that, in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company may be required in the future to submit for determination by the appropriate regulatory agency the question of whether the Company’s obligation to indemnify Indemnitee is barred as a matter of public policy. Nothing in this Agreement is intended to require or will shall be construed as requiring the Company to do or fail to do any act in violation of applicable law. The Company’s inability, pursuant to court order, to perform its obligations under this Agreement will shall not constitute a breach of this Agreement; it being understood that, in such event, the Company’s obligations shall nevertheless remain outstanding to the fullest extent permitted by applicable law.
Appears in 4 contracts
Samples: Director and Officer Indemnification Agreement (BlueLinx Holdings Inc.), Director and Officer Indemnification Agreement (Ssa Global Technologies, Inc), Director and Officer Indemnification Agreement (BlueLinx Holdings Inc.)
Mutual Acknowledgment. Both the Company and Indemnitee acknowledge that, in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company may be required in the future to submit for determination by the appropriate regulatory agency the question of whether the Company’s 's obligation to indemnify Indemnitee is barred as a matter of public policy. Nothing in this Agreement is intended to require or will shall be construed as requiring the Company to do or fail to do any act in violation of applicable law. The Company’s 's inability, pursuant to court order, to perform its obligations under this Agreement will shall not constitute a breach of this Agreement; it being understood that, in such event, the Company’s obligations shall nevertheless remain outstanding to the fullest extent permitted by applicable law.
Appears in 3 contracts
Samples: Director and Officer Indemnification Agreement (Anchor Glass Container Corp /New), Anchor Glass Container Corporation Director and Officer Indemnification Agreement (Anchor Glass Container Corp /New), Anchor Glass Container Corporation Director and Officer Indemnification Agreement (Anchor Glass Container Corp /New)
Mutual Acknowledgment. Both the Company and Indemnitee acknowledge that, in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company may be required in the future to submit for determination by the appropriate regulatory agency the question of whether the Company’s obligation to indemnify Indemnitee is barred as a matter of public policy. Nothing in this Agreement is intended to require or will be construed as requiring the Company to do or fail to do any act in violation of applicable law. The Company’s inability, pursuant to court order, to perform its obligations under this Agreement will not constitute a breach of this Agreement; it being understood that, in such event, the Company’s obligations shall nevertheless remain outstanding to the fullest extent permitted by applicable law.
Appears in 2 contracts
Samples: Indemnification Agreement (NewPage Group Inc.), Indemnification Agreement (NewPage Holding CORP)
Mutual Acknowledgment. Both the Company and Indemnitee acknowledge that, in certain instances, Federal law or applicable public policy may prohibit the Company from indemnifying its directors and officers under this Agreement or otherwise. Indemnitee understands and acknowledges that the Company may be required in the future to submit for determination by the an appropriate regulatory agency the question of whether the Company’s obligation to indemnify Indemnitee is barred as a matter of public policy. Nothing in this Agreement is intended to require or will shall be construed as requiring the Company to do or fail to do any act in violation of applicable law. The Company’s inability, pursuant to court order, to perform its obligations under this Agreement will shall not constitute a breach of this Agreement; it being understood that, in such event, the Company’s obligations shall nevertheless remain outstanding to the fullest extent permitted by applicable law.
Appears in 2 contracts
Samples: Director and Officer Indemnification Agreement (Telkonet Inc), Director and Officer Indemnification Agreement (Clean Wind Energy Tower, Inc.)
