Common use of Nonexclusivity Clause in Contracts

Nonexclusivity. The provisions for indemnification and advancement of expenses set forth in this Agreement shall not be deemed exclusive of any other rights which Indemnitee may have under any provision of law, in any court in which a proceeding is brought, other agreements or otherwise, and Indemnitee’s rights hereunder shall inure to the benefit of the heirs, executors and administrators of Indemnitee. No amendment or alteration of the Company’s Certificate of Incorporation or Bylaws or any other agreement shall adversely affect the rights provided to Indemnitee under this Agreement.

Appears in 49 contracts

Samples: Indemnification Agreement (Finance of America Companies Inc.), Indemnification Agreement (Hilton Grand Vacations Inc.), Indemnification Agreement (First Advantage Corp)

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Nonexclusivity. The provisions for indemnification and advancement of expenses set forth in this Agreement shall not be deemed exclusive of any other rights which Indemnitee may have under the certificate of incorporation of the Company, the bylaws of the Company, any provision of law, in any court in which a proceeding is brought, other agreements or otherwise, and Indemnitee’s rights hereunder shall inure to the benefit of the heirs, executors and administrators of Indemnitee. No amendment or alteration of the Company’s Certificate certificate of Incorporation incorporation or Bylaws bylaws or any other agreement shall adversely affect the rights provided to Indemnitee under this Agreement.

Appears in 5 contracts

Samples: Indemnification Agreement (KKR Acquisition Holdings I Corp.), Indemnification Agreement (KKR Acquisition Holdings I Corp.), Indemnification Agreement (BrightSpring Health Services, Inc.)

Nonexclusivity. The provisions for indemnification and advancement of expenses set forth in this Agreement shall not be deemed exclusive of any other rights which Indemnitee may have under any provision of law, in any court in which a proceeding is brought, the Certificate of Incorporation or the Bylaws, other agreements or otherwise, and Indemnitee’s rights hereunder shall inure to the benefit of the heirs, executors and administrators of Indemnitee. No amendment or alteration of the Company’s Certificate of Incorporation or Bylaws or any other agreement shall adversely affect the rights provided to Indemnitee under this Agreement.

Appears in 4 contracts

Samples: Indemnification Agreement (BrightView Holdings, Inc.), Indemnification Agreement (BrightView Holdings, Inc.), Indemnification Agreement (Home Point Capital Inc.)

Nonexclusivity. The provisions for indemnification and advancement of expenses set forth in this Agreement shall not be deemed exclusive of any other rights which Indemnitee may have under any provision of law, in any court in which a proceeding is brought, the Company’s certificate of incorporation or by-laws, other agreements or otherwise, and Indemnitee’s rights hereunder shall inure to the benefit of the heirs, executors and administrators of Indemnitee. No amendment or alteration of the Company’s Certificate certificate of Incorporation incorporation or Bylaws by-laws or any other agreement shall adversely affect the rights provided to Indemnitee under this Agreement.

Appears in 4 contracts

Samples: Indemnification Agreement (ADT Corp), Indemnification Agreement (Office Depot Inc), Indemnification Agreement (MedQuist Holdings Inc.)

Nonexclusivity. The provisions for indemnification and advancement of expenses Expenses set forth in this Agreement shall not be deemed exclusive of any other rights which Indemnitee may have under any provision of law, in any court in which a proceeding is brought, other agreements or otherwise, and Indemnitee’s rights hereunder shall inure to the benefit of the heirs, executors and administrators of Indemnitee. No amendment or alteration of the Charter or the Company’s Certificate of Incorporation or Bylaws bylaws or any other agreement shall adversely affect the rights provided to Indemnitee under this Agreement.

Appears in 3 contracts

Samples: Sponsor Stockholders Agreement (Denali Holding Inc.), Indemnification Agreement (Denali Holding Inc.), Indemnification Agreement (Dell Technologies Inc)

Nonexclusivity. The provisions for indemnification and advancement of expenses set forth in this Agreement shall not be deemed exclusive of any other rights which Indemnitee may have under the Certificate of Incorporation of the Company, the Bylaws of the Company, any provision of law, in any court in which a proceeding is brought, other agreements or otherwise, and Indemnitee’s rights hereunder shall inure to the benefit of the heirs, executors and administrators of Indemnitee. No amendment or alteration of the Company’s Certificate of Incorporation or Bylaws or any other agreement shall adversely affect the rights provided to Indemnitee under this Agreement.

Appears in 3 contracts

Samples: Indemnification Agreement (Apria, Inc.), Indemnification Agreement (TaskUs, Inc.), Indemnification Agreement (ZoomInfo Technologies Inc.)

Nonexclusivity. The provisions for indemnification and advancement of expenses set forth in this Agreement shall not be deemed exclusive of any other rights which Indemnitee may have under any provision of law, in any court in which a proceeding is brought, the Company’s Certificate of Incorporation or Bylaws, other agreements or otherwise, and Indemnitee’s rights hereunder shall inure to the benefit of the heirs, executors and administrators of Indemnitee. No amendment or alteration of the Company’s Certificate of Incorporation or Bylaws or any other agreement shall adversely affect the rights provided to Indemnitee under this Agreement.

Appears in 2 contracts

Samples: Indemnification Agreement (Hain Celestial Group Inc), Indemnification Agreement (L3harris Technologies, Inc. /De/)

Nonexclusivity. The provisions for indemnification and advancement of expenses Expenses set forth in this Agreement shall not be deemed exclusive of any other rights which Indemnitee may have under any provision of law, in any court in which a proceeding is brought, other agreements or otherwise, and Indemnitee’s rights hereunder shall inure to the benefit of the heirs, executors and administrators of Indemnitee. No amendment or alteration of the Company’s Fourth Amended and Restated Certificate of Incorporation of the Company or Bylaws the By-Laws of the Company as of the date hereof or any other agreement shall adversely affect the rights provided to Indemnitee under this Agreement.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Access Integrated Technologies, Inc. D/B/a Cinedigm Digital Cinema Corp.), Indemnification Agreement (Access Integrated Technologies, Inc. D/B/a Cinedigm Digital Cinema Corp.)

Nonexclusivity. The provisions for indemnification and advancement of expenses set forth in this Agreement shall not be deemed exclusive of any other rights which Indemnitee may have under any provision of law, in any court in which a proceeding is brought, other agreements or otherwise, and Indemnitee’s rights hereunder shall inure to the benefit of the heirs, executors and administrators of Indemnitee. No However, no amendment or alteration of the CompanyCorporation’s Certificate of Incorporation or Bylaws By-Laws or any other agreement shall adversely affect the rights provided to Indemnitee under this Agreement.

Appears in 2 contracts

Samples: Indemnification Agreement (Evercore Partners Inc.), Indemnification Agreement (Mastercard Inc)

Nonexclusivity. The provisions for indemnification and advancement of expenses set forth in this Agreement shall not be deemed exclusive of any other rights which Indemnitee may have under any provision of law, in any court in which a proceeding is brought, other agreements or otherwise, and Indemnitee’s rights hereunder shall inure to the benefit of the heirs, executors and administrators of Indemnitee. No amendment or alteration of the Company’s Certificate of Incorporation Charter or Bylaws or any other agreement shall adversely affect the rights provided to Indemnitee under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (CorePoint Lodging Inc.)

Nonexclusivity. The provisions for indemnification and advancement of expenses set forth in this Agreement shall not be deemed exclusive of any other rights which Indemnitee may have under any provision of lawLaw or any other applicable law or under the articles of association of the Company, in any court in which a proceeding is brought, other agreements or otherwise, and Indemnitee’s rights hereunder shall inure to the benefit of the heirs, executors and administrators of Indemnitee. No amendment or alteration of the Company’s Certificate articles of Incorporation or Bylaws association or any other agreement shall adversely affect the rights provided to Indemnitee under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Nielsen CO B.V.)

Nonexclusivity. The provisions for indemnification and advancement of expenses set forth in this Agreement shall not be deemed exclusive of any other rights which Indemnitee may have under any provision of law, in any court in which a proceeding is brought, other agreements or otherwise, and Indemnitee’s rights hereunder shall inure to the benefit of the heirs, executors and administrators of Indemnitee. No amendment or alteration of the Company’s Certificate of Incorporation or Bylaws Bye-laws or any other agreement shall adversely affect the rights provided to Indemnitee under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Hygo Energy Transition Ltd.)

Nonexclusivity. The provisions for indemnification and advancement of expenses set forth in this Agreement shall not be deemed exclusive of any other rights which Indemnitee may have under any provision of law, in any court in which a proceeding is brought, other agreements or otherwiseotherwise as may be in effect from time to time, and Indemnitee’s rights hereunder shall inure to the benefit of the heirs, executors and administrators of Indemnitee. No amendment or alteration of the Company’s Certificate of Incorporation or Bylaws or any other agreement shall adversely affect or be in limitation of the rights provided to Indemnitee under this Agreement.

Appears in 1 contract

Samples: Director Indemnification Agreement (Visant Corp)

Nonexclusivity. The indemnification provisions and provisions for indemnification and advancement of expenses Expenses set forth in this Agreement are not, and shall not be deemed to be, exclusive of any other rights which Indemnitee may have under any provision of law, the Corporation’s Certificate of Incorporation or Bylaws, in any court in which a proceeding is brought, or the vote of the Corporation’s stockholders or disinterested directors, or other agreements or otherwise; provided, and Indemnitee’s rights hereunder shall inure to the benefit of the heirshowever, executors and administrators of Indemnitee. No no amendment or alteration of the CompanyCorporation’s Certificate of Incorporation or Bylaws or any other agreement shall adversely affect the rights provided to of Indemnitee under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Molina Healthcare Inc)

Nonexclusivity. The provisions for indemnification and advancement of expenses Expenses set forth in this Agreement shall not be deemed exclusive of any other rights which Indemnitee may have under any provision of law, in any court in which a proceeding is brought, other agreements or otherwise, and Indemnitee’s rights hereunder shall inure to the benefit of the heirs, executors and administrators of Indemnitee. No amendment or alteration of the Articles or the Company’s Certificate memorandum of Incorporation or Bylaws association or any other agreement shall adversely affect the rights provided to Indemnitee under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (SMART Global Holdings, Inc.)

Nonexclusivity. The provisions for indemnification and advancement of expenses Expenses set forth in this Agreement shall not be deemed exclusive of any other rights which Indemnitee may have under any provision of law, in any court in which a proceeding is brought, other agreements or otherwise, and Indemnitee’s rights hereunder shall inure to the benefit of the heirs, executors and administrators of Indemnitee. No amendment or alteration of the Company’s Certificate of Incorporation Charters or Bylaws or the Stockholders Agreement or any other agreement shall adversely affect the rights provided to Indemnitee under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Associated Materials, LLC)

Nonexclusivity. The provisions for indemnification and advancement of expenses set forth in this Agreement shall not be deemed exclusive of any other rights which the Indemnitee may have under any provision of law, in any court in which a proceeding is brought, other agreements or otherwise, and the Indemnitee’s rights hereunder shall inure to the benefit of the heirs, executors and administrators of the Indemnitee. No amendment or alteration of the CompanyManaging Partner’s Certificate of Incorporation limited liability company agreement or Bylaws the Partnership’s limited partnership agreement or any other agreement shall adversely affect the rights provided to the Indemnitee under this Agreement.

Appears in 1 contract

Samples: Form of Indemnification Agreement (KKR & Co. L.P.)

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Nonexclusivity. The provisions for indemnification and advancement of expenses set forth in this Agreement shall not be deemed exclusive of any other rights which Indemnitee may have under any provision of law, in any court in which a proceeding is brought, other agreements or otherwise, and Indemnitee’s rights hereunder shall inure to the benefit of the heirs, executors and administrators of Indemnitee. No amendment or alteration of the Company’s Certificate certificate of Incorporation incorporation or Bylaws bylaws or any other agreement shall adversely affect the rights provided to Indemnitee under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (National Vision Holdings, Inc.)

Nonexclusivity. The provisions for indemnification and advancement of expenses set forth in this Agreement shall not be deemed exclusive of any other rights which the Indemnitee may have under any provision of law, in any court in which a proceeding is brought, other agreements or otherwise, and the Indemnitee’s rights hereunder shall inure to the benefit of the heirs, executors and administrators of the Indemnitee. No amendment or alteration of the Company’s Certificate certificate of Incorporation incorporation or Bylaws bylaws or any other agreement shall adversely affect the rights provided to the Indemnitee under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Waystar Holding Corp.)

Nonexclusivity. The provisions for indemnification and advancement of expenses set forth in this Agreement shall not be deemed exclusive of any other rights which Indemnitee may have under any provision of law, in any court in which a proceeding is brought, the Company’s certificate of incorporation or bylaws, other agreements or arrangements or otherwise, and Indemnitee’s rights hereunder shall inure to the benefit of the heirs, executors and administrators of Indemnitee. No amendment or alteration of the Company’s Certificate of Incorporation or Bylaws or any other agreement shall adversely affect the rights provided to Indemnitee under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Associated Materials Group, Inc.)

Nonexclusivity. The provisions for indemnification and advancement of expenses set forth in this Agreement shall not be deemed exclusive of any other rights which Indemnitee may have under any provision of law, in any court in which a proceeding is brought, the Articles or the Bylaws, other agreements or arrangements, or otherwise, and Indemnitee’s rights hereunder shall inure to the benefit of the heirs, executors and administrators of Indemnitee. No amendment or alteration of the Company’s Certificate of Incorporation or Bylaws or any other agreement shall adversely affect the rights provided to Indemnitee under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (ClubCorp Holdings, Inc.)

Nonexclusivity. The provisions for indemnification and advancement of expenses set forth in this Agreement shall not be deemed exclusive of any other rights which Indemnitee may have under any provision of law, in any court in which a proceeding is brought, other agreements or otherwise, and Indemnitee’s rights hereunder shall inure to the benefit of the heirs, executors and administrators of Indemnitee. No amendment or alteration of the CompanyFund’s Certificate Declaration of Incorporation or Trust, Bylaws or any other agreement shall adversely affect the rights provided to Indemnitee under this Agreement.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Sierra Total Return Fund)

Nonexclusivity. The provisions for indemnification and advancement of expenses set forth in this Agreement shall not be deemed exclusive of any other rights which Indemnitee may have under any provision of law, in any court in which a proceeding is brought, the Company’s articles of incorporation or bylaws, other agreements or arrangements, or otherwise, and Indemnitee’s rights hereunder shall inure to the benefit of the heirs, executors and administrators of Indemnitee. No amendment or alteration of the Company’s Certificate articles of Incorporation incorporation or Bylaws bylaws or any other agreement or arrangement shall limit or otherwise adversely affect the rights provided to Indemnitee under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (University Club, Inc. (FL))

Nonexclusivity. The provisions for indemnification and advancement of expenses set forth in this Agreement shall not be deemed exclusive of any other rights which Indemnitee may have under any provision of law, in any court in which a proceeding is brought, the Company’s certificate of incorporation or bylaws (as amended and restated from time to time), other agreements or otherwise, and Indemnitee’s rights hereunder shall inure to the benefit of the heirs, executors and administrators of Indemnitee. No amendment or alteration of the Company’s Certificate certificate of Incorporation incorporation or Bylaws bylaws or any other agreement shall adversely affect the rights provided to Indemnitee under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Patriot National, Inc.)

Nonexclusivity. The provisions for indemnification and advancement of expenses set forth in this Agreement shall not be deemed exclusive of any other rights which the Indemnitee may have under any provision of law, in any court in which a proceeding is brought, other agreements or otherwise, and the Indemnitee’s rights hereunder shall inure to the benefit of the heirs, executors and administrators of the Indemnitee. No amendment or alteration of the Company’s Certificate of Incorporation or Bylaws limited liability company agreement or any other agreement shall adversely affect the rights provided to the Indemnitee under this Agreement.

Appears in 1 contract

Samples: Form of Indemnification Agreement (KKR Financial Holdings LLC)

Nonexclusivity. The provisions for indemnification and advancement of expenses Expenses set forth in this Agreement shall not be deemed exclusive of any other rights which Indemnitee may have under any provision of law, in any court in which a proceeding is brought, other agreements or otherwise, and Indemnitee’s rights hereunder shall inure to the benefit of the his/her heirs, executors and administrators of Indemniteeadministrators. No amendment or alteration of the Company’s Certificate of Incorporation Charter or Bylaws the By-Laws or any other agreement shall adversely affect the rights provided to Indemnitee under this Agreement.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Fusion Connect, Inc.)

Nonexclusivity. The provisions for indemnification and advancement of expenses set forth in this Agreement shall not be deemed exclusive of any other rights which Indemnitee may have under any provision of law, in any court in which a proceeding is brought, set forth in the Company’s certificate of incorporation or by-laws, other agreements or otherwise, and Indemnitee’s rights hereunder shall inure to the benefit of the heirs, executors and administrators of Indemnitee. No amendment or alteration of the Company’s Certificate certificate of Incorporation incorporation or Bylaws by-laws or any other agreement shall adversely affect the rights provided to Indemnitee under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Repay Holdings Corp)

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