Standard of Review. In the event that a determination shall have been made pursuant to Section 5 of this Agreement that Indemnitee is not entitled to indemnification, any judicial proceeding commenced pursuant to this Section 7 shall be conducted in all respects as a de novo review on the merits and Indemnitee shall not be prejudiced by reason of that adverse determination under Section 5.
Appears in 6 contracts
Samples: Indemnification Agreement (Tim Hortons Inc.), Indemnification Agreement (Tim Hortons Inc.), Indemnification Agreement (Wendys International Inc)
Standard of Review. In the event that a determination shall have been made pursuant to Section 5 of this Agreement that Indemnitee is not entitled to indemnification, any judicial proceeding commenced pursuant to this Section 7 shall be conducted in all respects as a de novo review on the merits merits, and Indemnitee shall not be prejudiced by reason of that adverse determination under Section 55 of this Agreement.
Appears in 5 contracts
Samples: Indemnification Agreement (Worthington Steel, Inc.), Indemnification Agreement (Worthington Steel, Inc.), Indemnification Agreement (Worthington Steel, Inc.)
Standard of Review. In the event that a determination shall have been made pursuant to Section 5 5.3 of this Agreement that Indemnitee is not entitled to indemnification, any judicial proceeding commenced pursuant to this Section 7 shall be conducted in all respects as a de novo review on the merits merits, and Indemnitee shall not be prejudiced by reason of that adverse determination under Section 55.3.
Appears in 1 contract
