Subsequent Amendment. No amendment, termination or repeal of this Article or of the relevant provisions of the DGCL or any other applicable laws shall 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 (Biocryst Pharmaceuticals Inc), Agreement and Plan of Merger (NxStage Medical, Inc.), Agreement and Plan of Merger (Vision Sciences Inc /De/)
Subsequent Amendment. No amendment, termination or repeal of this Article Section 2 or of the relevant provisions of the DGCL or any other applicable laws shall 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 (Edison Schools Inc), Agreement and Plan of Merger (Edison Schools Inc)
Subsequent Amendment. No amendment, termination or repeal of this Article SIXTH or of the relevant provisions of the DGCL 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 (IVERIC Bio, Inc.), Agreement and Plan of Merger (Stemline Therapeutics Inc)
Subsequent Amendment. No amendment, termination or repeal of this Article Section 9 or of the relevant provisions of the DGCL or any other applicable laws shall 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 (Inspire Pharmaceuticals Inc), Agreement and Plan of Merger (Sepracor Inc /De/)
Subsequent Amendment. No To the fullest extent permitted by law, no amendment, termination or repeal of this Article EIGHTH or of the relevant provisions of the DGCL or any other applicable laws shall 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 (Predix Pharmaceuticals Holdings Inc), Convertible Preferred Stock Agreement of Sale (Predix Pharmaceuticals Holdings Inc)
Subsequent Amendment. No amendment, termination or repeal of this Article FIFTH or of the relevant provisions of the DGCL 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 VIII or of the relevant provisions of the DGCL 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 (Vonage Holdings Corp)
Subsequent Amendment. No amendment, termination or repeal of this Article or of the relevant provisions of the DGCL Section 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 SEVENTH or of the relevant provisions of the DGCL 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: Terms Agreement (Airvana Inc)
Subsequent Amendment. No amendment, termination or repeal of this Article or of the relevant provisions of the DGCL Chapter 156D or any other applicable laws shall 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: Employment Agreement (Keane Inc)
