Common use of Proceeding Clause in Contracts

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed action, suit or other proceeding, whether civil, criminal, administrative, investigative, legislative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 79 contracts

Samples: Indemnity Agreement (Stoke Therapeutics, Inc.), Indemnity Agreement (Day One Biopharmaceuticals Holding Co LLC), Indemnity Agreement (ServiceNow, Inc.)

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Proceeding. For the purposes of this Agreement, "Proceeding" means any threatened, pending, pending or completed action, suit or other proceeding, whether civil, criminal, administrative, investigative, legislative investigative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 10 contracts

Samples: Indemnity Agreement (Evans & Sutherland Computer Corp), Indemnity Agreement (Kendle International Inc), Indemnity Agreement (Globalsantafe Corp)

Proceeding. For the purposes of this Agreement, a “Proceeding” means any threatened, pending, or completed action, suit suit, arbitration, alternate dispute resolution process, investigation, administrative hearing, appeal, inquiry or other proceeding, whether civil, criminal, administrative, investigative, legislative investigative or any other type whatsoever, preliminary, informal whether formal or formalinformal, including any arbitration or other alternative dispute resolution and including any appeal a proceeding initiated by Indemnitee pursuant to Section 9 of any of the foregoingthis Agreement to enforce Indemnitee’s rights hereunder.

Appears in 9 contracts

Samples: Employment Agreement (Teton Energy Corp), Employment Agreement (Teton Energy Corp), Employment Agreement (Nac Global Technologies, Inc.)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed action, suit suit, claim or other proceeding, whether civil, criminal, administrative, investigative, legislative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 8 contracts

Samples: Indemnity Agreement (Nextdoor Holdings, Inc.), Indemnity Agreement (Archer Aviation Inc.), Indemnity Agreement (BuzzFeed, Inc.)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, pending or completed action, suit or other proceeding, whether civil, criminal, administrative, investigative, legislative investigative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 5 contracts

Samples: Indemnity Agreement (Zagg INC), Indemnity Agreement (Vanguard Natural Resources, Inc.), Separation and Release of Claims Agreement (ZAGG Inc)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed action, suit or other proceeding, whether civil, criminal, administrative, investigative, legislative or any other type whatsoever, preliminary, informal formal or formalinformal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 4 contracts

Samples: Indemnity Agreement (Transforma Acquisition Group Inc.), Executive Employment Agreement (ShoreTel Inc), Indemnity Agreement (Transforma Acquisition Group Inc.)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed action, suit or other proceeding, whether civil, criminal, administrative, investigative, legislative investigative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 3 contracts

Samples: Indemnification Agreement (Dexcom Inc), Indemnification Agreement (Symantec Corp), Indemnification Agreement (Dexcom Inc)

Proceeding. For the purposes of this Indemnification Agreement, “Proceeding” means any threatened, pending, or completed action, suit or other proceeding, whether civil, criminal, administrative, investigative, legislative investigative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 3 contracts

Samples: Form of Indemnification Agreement (Collegiate Pacific Inc), Indemnification Agreement (Sport Supply Group, Inc.), Indemnification Agreement (Collegiate Pacific Inc)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed action, suit or other proceeding, whether civil, criminal or administrative and including any appeal thereof, or any inquiry or investigation, whether instituted by the Company or any governmental agency or any other party, that Indemnitee in good faith believes might lead to the institution of any such action, suit or other proceeding, whether civil, criminal, administrative, investigative, legislative investigative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoingmechanism.

Appears in 2 contracts

Samples: Indemnity Agreement (Hanmi Financial Corp), Indemnity Agreement (Hanmi Financial Corp)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed action, suit suit, claim, counterclaim, crossclaim or other proceeding, whether civil, criminal, administrative, investigative, legislative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 2 contracts

Samples: Indemnity Agreement (Borqs Technologies, Inc.), Indemnity Agreement (Marin Software Inc)

Proceeding. For the purposes of this AgreementDeed, “Proceeding” means any threatened, pending, or completed action, suit or other proceeding, whether civil, criminal, administrative, investigative, legislative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 2 contracts

Samples: Presbia PLC (Presbia PLC), Presbia PLC

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed action, suit or other proceeding, whether civil, criminal, direct or derivative, administrative, investigative, legislative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 1 contract

Samples: Indemnity Agreement (Fluent, Inc.)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed action, suit suit, inquiry or other proceeding, whether brought by or in the right of the Company or otherwise and whether civil, criminal, administrative, investigative, legislative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 1 contract

Samples: Indemnity Agreement (Workday, Inc.)

Proceeding. For the purposes of this Agreement, "Proceeding" means any threatened, pending, or completed action, suit or other proceeding, whether civil, criminal or administrative and including any appeal thereof, or any inquiry or investigation, whether instituted by the Company or any governmental agency or any other party, that Indemnitee in good faith believes might lead to the institution of any such action, suit or other proceeding, whether civil, criminal, administrative, investigative, legislative investigative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoingmechanism.

Appears in 1 contract

Samples: Indemnity Agreement (Verigy Pte. Ltd.)

Proceeding. For the purposes of this Agreement, "Proceeding" means any threatened, pending, or completed action, suit or other proceeding, formal or informal; whether civil, criminal, administrative, investigative, legislative investigation or of any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.. 2 (d)

Appears in 1 contract

Samples: Indemnity Agreement (Durakon Industries Inc)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed action, suit or other proceeding, whether civil, criminal, administrative, investigative, legislative legislative, or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 1 contract

Samples: Indemnification Agreement (Redfin Corp)

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Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed claim, demand, action, suit suit, inquiry or other proceeding, whether brought by or in the right of the Company or otherwise and whether civil, criminal, administrative, investigative, legislative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 1 contract

Samples: Indemnity Agreement (ADESTO TECHNOLOGIES Corp)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed action, suit or other proceeding, whether brought in the right of the Company or otherwise and whether civil, criminal, administrative, investigative, legislative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 1 contract

Samples: Indemnity Agreement (Tailwind Two Acquisition Corp.)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed action, suit or other proceeding, whether civil, criminal, administrative, investigative, legislative investigative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Symantec Corp)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed action, suit suit, claim, or other proceeding, whether civil, criminal, administrative, investigative, legislative legislative, or any other type whatsoever, preliminary, informal informal, or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 1 contract

Samples: Indemnity Agreement (Remitly Global, Inc.)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed action, suit or other proceeding, whether civil, criminal, administrative, investigative, legislative or any other type whatsoever, preliminary, informal or formalother, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoingforegoing and whether made pursuant to federal, state or other law.

Appears in 1 contract

Samples: Indemnity Agreement (Accel Entertainment, Inc.)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed action, suit or other proceeding, whether brought in the right of the Company or otherwise, whether civil, criminal, administrative, investigative, legislative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 1 contract

Samples: Indemnity Agreement (Augmedix, Inc.)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed action, suit suit, arbitration, alternative dispute resolution mechanism, claim, investigation, inquiry, administrative hearing, or any other actual or threatened or other proceeding, whether civil, criminal, administrative, investigative, legislative investigative or any other type whatsoever; provided, preliminaryhowever, informal that Proceedings shall not include an action by or formal, including any arbitration or other alternative dispute resolution and including any appeal of any in the right of the foregoingCompany or any Subsidiary of the Company.

Appears in 1 contract

Samples: Indemnity Agreement (Chaparral Energy, Inc.)

Proceeding. For the purposes of this Agreement, “Proceeding” means any a threatened, pending, pending or completed action, suit or other proceeding, whether civil, criminal, administrative, administrative or investigative, legislative including without limitation a claim, demand, discovery request, formal or any other type whatsoeverinformal investigation, preliminaryinquiry, informal or formaladministrative hearing, including any arbitration or other form of alternative dispute resolution and resolution, including any an appeal of from any of the foregoing.

Appears in 1 contract

Samples: Indemnification Agreement (Unique Fabricating, Inc.)

Proceeding. For the purposes of this Agreement, “Proceeding” means any threatened, pending, or completed action, suit or other proceeding, whether brought in the right of the Company or otherwise, whether civil, criminal, administrative, regulatory, investigative, legislative or any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and including any appeal of any of the foregoing.

Appears in 1 contract

Samples: Indemnity Agreement (Laffin Acquisition Corp.)

Proceeding. For the purposes of this Agreement, “Proceeding” "proceeding" means any threatened, pending, or completed action, suit suit, alternative dispute resolution mechanism (including but not limited to an arbitration or mediation), hearing, inquiry, investigation, or other proceeding, whether civil, criminal, administrative, legislative or investigative, legislative or of any other type whatsoever, preliminary, informal or formal, including any arbitration or other alternative dispute resolution and all appeals, and including any appeal of any of the foregoingforegoing commenced by or on behalf of the Company, derivatively or otherwise.

Appears in 1 contract

Samples: Form of Indemnity Agreement (CalAmp Corp.)

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