Subsequent Amendment. No amendment, termination or repeal of this Article SIXTH or of the relevant provisions of the General Corporation Law of the State of Delaware or any other applicable laws shall adversely affect or diminish in any way the rights of any Indemnitee to indemnification under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Theseus Pharmaceuticals, Inc.), Agreement and Plan of Merger (Jounce Therapeutics, Inc.), Agreement and Plan of Merger (La Jolla Pharmaceutical Co)
Subsequent Amendment. No amendment, termination or repeal of this Article SIXTH or of the relevant provisions of the General Corporation Law of the State of Delaware or any other applicable laws shall adversely affect or diminish in any way the rights of any Indemnitee to indemnification under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Citrix Systems Inc), Agreement and Plan of Merger (First Marblehead Corp), Agreement and Plan of Merger (Citrix Systems Inc)
Subsequent Amendment. No amendment, termination or repeal of this Article SIXTH VI or of the relevant provisions of the General Corporation Law of the State of Delaware or any other applicable laws shall adversely affect or diminish in any way the rights of any Indemnitee to indemnification under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Kinnate Biopharma Inc.), Agreement and Plan of Merger (XOMA Corp), Agreement and Plan of Merger (Endurance International Group Holdings, Inc.)
Subsequent Amendment. No amendment, termination or repeal of this Article SIXTH EIGHTH or of the relevant provisions of the General Corporation Law of the State of Delaware or any other applicable laws shall adversely affect or diminish in any way the rights of any Indemnitee to indemnification or advancement of expenses under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 3 contracts
Samples: The Agreement and Plan of Merger (Tlgy Acquisition Corp), Joinder Agreement (Tlgy Acquisition Corp), Agreement and Plan of Merger (Pandion Therapeutics, Inc.)
Subsequent Amendment. No amendment, termination or repeal of this Article SIXTH EIGHTH or of the relevant provisions of the General Corporation Law of the State of Delaware or any other applicable laws shall adversely affect or diminish in any way the rights of any Indemnitee to indemnification under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Constellation Alpha Capital Corp.), Agreement and Plan of Merger (Demandware Inc), Agreement and Plan of Merger (Salesforce Com Inc)
Subsequent Amendment. No amendment, termination or repeal of this Article SIXTH X or of the relevant provisions of the General Corporation Law of the State of Delaware or any other applicable laws shall adversely affect or diminish in any way the rights of any Indemnitee to indemnification under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Hologic Inc), Agreement and Plan of Merger (Cynosure Inc)
Subsequent Amendment. No amendment, termination or repeal of this Article SIXTH ARTICLE EIGHTH or of the relevant provisions of the General Corporation Delaware Law of the State of Delaware or any other applicable laws shall adversely affect or diminish in any way the rights of any Indemnitee to indemnification under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (STG Oms Acquisition Corp), Agreement and Plan of Merger (Industri Matematik International Corp)
Subsequent Amendment. No amendment, termination or repeal of this Article SIXTH IX or of the relevant provisions of the General Corporation Law of the State of Delaware or any other applicable laws shall adversely affect or diminish in any way the rights of any Indemnitee to indemnification or advancement of expenses under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Sucampo Pharmaceuticals, Inc.), Agreement and Plan of Merger (Mallinckrodt PLC)
Subsequent Amendment. No amendment, termination or repeal of this Article SIXTH ELEVENTH or of the relevant provisions of the Delaware General Corporation Law of the State of Delaware or any other applicable laws law shall adversely affect or diminish in any way the rights of any Indemnitee director or officer of the corporation to indemnification under the provisions hereof with respect to any action, suit, suit or proceeding or investigation arising out of or relating to to, any actions, transactions or facts occurring prior to the final adoption of such amendment, amendment termination or repeal.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Broadway Financial Corp \De\), Agreement and Plan of Merger (Broadway Financial Corp \De\)
Subsequent Amendment. No amendment, termination or repeal of this Article SIXTH Eight or of the relevant provisions of the General Corporation Law of the State of Delaware or any other applicable laws shall adversely affect or diminish in any way the rights of any Indemnitee to indemnification under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Endurance International Group Holdings, Inc.), Agreement and Plan of Merger (Constant Contact, Inc.)
Subsequent Amendment. No amendment, termination or repeal of this Article SIXTH TENTH or of the relevant provisions of the General Corporation Law of the State of Delaware or any other applicable laws shall adversely affect or diminish in any way the rights of any Indemnitee to indemnification under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Workstream Inc), Agreement and Plan of Merger (Workstream Inc)
Subsequent Amendment. No amendment, termination or repeal of this Article SIXTH or of the relevant provisions of the General Corporation Law of the State of Delaware or any other applicable laws shall adversely affect or diminish in any way the rights of any Indemnitee to indemnification under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal. 10.
Appears in 1 contract
Samples: Agreement and Plan of Merger (La Jolla Pharmaceutical Co)
Subsequent Amendment. No amendment, amendment termination or repeal of this Article SIXTH or of the relevant provisions of the Delaware General Corporation Law of the State of Delaware or any other applicable laws shall adversely affect or diminish in any way the rights of any Indemnitee to indemnification under the provisions hereof with respect to any action, suit, suit proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, amendment termination or repeal.
Appears in 1 contract
Subsequent Amendment. No amendment, termination or repeal of this Article SIXTH VII or of the relevant provisions of the General Corporation Law of the State of Delaware or any other applicable laws shall adversely affect or diminish in any way the rights of any Indemnitee to indemnification under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 1 contract
Subsequent Amendment. No amendment, termination or repeal of this Article SIXTH NINTH or of the relevant provisions of the General Corporation Delaware Law of the State of Delaware or any other applicable laws shall adversely affect or diminish in any way the rights of any Indemnitee to indemnification under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Spark Therapeutics, Inc.)
Subsequent Amendment. No amendment, termination or repeal of this Article SIXTH Seven or of the relevant provisions of the General Corporation Delaware Law of the State of Delaware or any other applicable laws shall adversely affect or diminish in any way the rights of any Indemnitee to indemnification under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 1 contract
Subsequent Amendment. No amendment, termination or repeal of this Article SIXTH or of the relevant provisions of the General Corporation Law of the State of Delaware or any other applicable laws shall adversely affect or diminish in any way the rights of any Indemnitee to indemnification or advancement under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions transactions, facts or facts omissions occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 1 contract
Subsequent Amendment. No amendment, termination or repeal of this Article SIXTH or of the relevant provisions of the General Corporation Law of the State of Delaware or any other applicable laws shall adversely affect or diminish in any way the rights of any Indemnitee to indemnification under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Palomar Medical Technologies Inc)
Subsequent Amendment. No amendment, termination or repeal of this Article SIXTH or of the relevant provisions of the General Corporation Law of the State of Delaware or any other applicable laws shall adversely affect or diminish in any way the rights of any Indemnitee to indemnification under the provisions hereof with respect to any action, suit, proceeding or investigation arising rising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 1 contract
Subsequent Amendment. No amendment, termination or repeal of this Article SIXTH SEVENTH or of the relevant provisions of the General Corporation Law of the State of Delaware or any other applicable laws shall adversely affect or diminish in any way the rights of any Indemnitee to indemnification under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 1 contract
Subsequent Amendment. No amendment, termination or repeal of this Article SIXTH or amendment, termination or repeal of the relevant provisions of the General Corporation Law of the State of Delaware or any other applicable laws shall adversely affect or diminish in any way the rights of any Indemnitee to indemnification under the provisions hereof with respect to any action, suit, proceeding or investigation arising out of or relating to any actions, transactions or facts occurring prior to the final adoption of such amendment, termination or repeal.
Appears in 1 contract
Samples: Side Agreement (Tekelec)
