Common use of NONAPPLICABILITY TO FIDUCIARIES OF EMPLOYEE BENEFIT PLANS Clause in Contracts

NONAPPLICABILITY TO FIDUCIARIES OF EMPLOYEE BENEFIT PLANS. This Article does not apply to any proceeding against any trustee, investment manager or other fiduciary of an employee benefit plan in such person’s capacity as such, even though such person may also be an agent of the corporation as defined in Section 1 of this Article. The corporation shall have power to indemnify such trustee, investment manager or other fiduciary to the extent permitted by subdivision (f) of Section 207 of the California General Corporation Law.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Nextgen Healthcare, Inc.)

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NONAPPLICABILITY TO FIDUCIARIES OF EMPLOYEE BENEFIT PLANS. This Article does not apply to any proceeding against any trustee, investment manager manager, or other fiduciary of an employee benefit plan in such person’s 's capacity as such, even though such person may also be an agent of the corporation as defined in Section 1 of this Article1. The corporation shall have the power to indemnify and to purchase and maintain insurance on behalf of any such trustee, investment manager manager, or other fiduciary to the extent permitted by subdivision (f) of Section 207 of the California General Corporation Law.

Appears in 1 contract

Samples: Securities Purchase Agreement (Easyriders Inc)

NONAPPLICABILITY TO FIDUCIARIES OF EMPLOYEE BENEFIT PLANS. This Article article does not apply to any proceeding against any trustee, investment manager or other fiduciary of an employee benefit plan in such person’s his capacity as such, even though such person he may also be an agent of the corporation Corporation as defined in Section 1 5.01 of these Bylaws. Nothing contained in this Article. The corporation Article shall have power limit any right to indemnify indemnification to which such a trustee, investment manager or other fiduciary may be entitled by contract or otherwise which shall be enforceable to the extent permitted by subdivision (f) of applicable law other than Section 207 317 of the California General Corporation Law.

Appears in 1 contract

Samples: Agreement of Merger and Plan of Reorganization (Med-X, Inc.)

NONAPPLICABILITY TO FIDUCIARIES OF EMPLOYEE BENEFIT PLANS. This Article does not apply to any proceeding against any trustee, investment manager or other fiduciary of an employee benefit plan in such person’s 's capacity as such, even though such person may also be an agent of the corporation as defined in Section 1 of this Articlecorporation. The corporation shall have power to indemnify such trustee, investment manager or other fiduciary to the extent permitted by subdivision (f) of Section 207 of the California General Corporation Law.

Appears in 1 contract

Samples: Credit Agreement (American States Water Co)

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NONAPPLICABILITY TO FIDUCIARIES OF EMPLOYEE BENEFIT PLANS. This Article does not apply to any a proceeding against any trustee, investment manager or other fiduciary of an employee benefit plan in such person’s 's capacity as such, even though such person may also be an agent of the corporation as defined in Section 1 of this Articlethe employer Corporation. The corporation Corporation shall have power to indemnify such a trustee, investment manager or other fiduciary to the extent permitted by subdivision (f) of Section 207 of the California General Corporation Law.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization and Merger (Steven Myers & Associates Inc)

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