Request by Indemnitee. In the event a Change of Control occurs after the date of this Agreement, the Company will be required, upon receipt of a written request from Indemnitee following initiation of a Proceeding for which Indemnitee reasonably believes that he or she may be entitled to indemnification by the Company under this Agreement, the Certificate, the Bylaws or otherwise, to create a trust (the “Trust”) for the benefit of the Indemnitee. The trustee of the Trust will be selected by the Indemnitee.
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Samples: Indemnification Agreement (Exide Technologies), Indemnification Agreement (Exide Technologies)
Request by Indemnitee. In the event a Change of Control occurs after the date of this Agreement, the Company will be required, upon receipt of a written request from Indemnitee following initiation of a Proceeding for which Indemnitee reasonably believes that he or she may be entitled to indemnification by the Company under this Agreement, the CertificateArticles, the Bylaws or otherwise, to create a trust (the “Trust”) for the benefit of the Indemnitee. The trustee of the Trust will be selected by the Indemnitee.
Appears in 2 contracts
Samples: Indemnification Agreement (Lancer Corp /Tx/), Form of Indemnification Agreement (American Physicians Service Group Inc)
Request by Indemnitee. In the event a Change of Control occurs after the date of this Agreement, the Company will be required, upon receipt of a written request from Indemnitee following initiation of a Proceeding for which Indemnitee reasonably believes that he or she may be entitled to indemnification or contribution by the Company under this Agreement, the CertificateArticles, the Bylaws or otherwise, to create a trust (the “Trust”"TRUST") for the benefit of the Indemnitee. The trustee of the Trust will be selected by the Indemnitee.
Appears in 1 contract
Samples: Indemnification Agreement (BioNumerik Pharmaceuticals, Inc.)
Request by Indemnitee. In the event a Change of Control occurs after the date of this Agreement, the Company will be required, upon receipt of a written request from Indemnitee following initiation of a Proceeding for which Indemnitee reasonably believes that he or she may be entitled to indemnification by the Company under this Agreement, the CertificateArticles, the Bylaws or otherwise, to create a trust (the “Trust”) for the benefit of the Indemnitee. The trustee of the Trust will be selected by the Indemnitee.
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