Validity of Agreement. The Company shall be precluded from asserting in any Proceeding, including, without limitation, an action under Section 12 (a) above, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court that the Company is bound by all the provisions of this Agreement.
Appears in 76 contracts
Samples: Independent Director Agreement (J-Star Holding Co., Ltd.), Independent Director Agreement (Phoenix Motor Inc.), Independent Director Agreement (Keyuan Petrochemicals, Inc.)
Validity of Agreement. The Company shall be precluded from asserting in any Proceeding, including, without limitation, an action under Section 12 (a10(a) above, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court that the Company is bound by all the provisions of this Agreement.
Appears in 74 contracts
Samples: Agreement (Motricity Inc), Indemnification Agreement (Harvard Apparatus Regenerative Technology, Inc.), Director Indemnification Agreement (Physicians Formula Holdings, Inc.)
Validity of Agreement. The Company shall be precluded from asserting in any Proceeding, including, without limitation, an action under Section 12 (a12(a) above, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court that the Company is bound by all the provisions of this Agreement.
Appears in 39 contracts
Samples: Independent Director Agreement (Lihua International Inc.), Independent Director Agreement (Lihua International Inc.), Indemnification Agreement (Maguire Properties Inc)
Validity of Agreement. The Company shall be precluded from asserting in any Proceeding, including, without limitation, an action under Section 12 (a11(a) above, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court that the Company is bound by all the provisions of this Agreement.
Appears in 16 contracts
Samples: Director Indemnification Agreement (GAIN Capital Holdings, Inc.), Director Indemnification Agreement (Cardtronics LP), Director Indemnification Agreement (StoneX Group Inc.)
Validity of Agreement. The Company shall be precluded from asserting in any Proceeding, including, without limitation, an action under Section 12 (a9(a) above, that the provisions of this Agreement are not valid, binding binding, and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court that the Company is bound by all the provisions of this Agreement.
Appears in 15 contracts
Samples: Indemnification Agreement (Brownshire Holdings, Inc.), Indemnification Agreement (Medistem Laboratories, Inc.), Indemnification Agreement (Medistem Laboratories, Inc.)
Validity of Agreement. The Company shall be precluded from asserting in any Proceeding, including, without limitation, an action under Section 12 (a11(a) abovehereof, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court that the Company is bound by all the provisions of this Agreement.
Appears in 11 contracts
Samples: Director and Officer Indemnification Agreement (Sprouts Farmers Markets, LLC), Indemnification Agreement (Napco Security Technologies, Inc), Indemnification Agreement (Sangamo Biosciences Inc)
Validity of Agreement. The Company shall be precluded from asserting in any Proceeding, including, without limitation, an action under Section 12 Clause 14 (a) above, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court that the Company is bound by all the provisions of this Agreement.
Appears in 9 contracts
Samples: Employment Agreement (Virax Biolabs Group LTD), Employment Agreement (Virax Biolabs Group LTD), Employment Agreement (E I L Holdings LTD)
Validity of Agreement. The Company Companies shall be precluded from asserting in any Proceeding, including, without limitation, an action under Section 12 (a10(a) above, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court that the Company is Companies are bound by all the provisions of this Agreement.
Appears in 8 contracts
Samples: Indemnification Agreement (Ansys Inc), Indemnification Agreement (Ansys Inc), Ansys Director Indemnification Agreement (Ansys Inc)
Validity of Agreement. The Company shall be precluded from asserting in any Proceeding, including, without limitation, an action under Section 12 (a) above, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court that the Company is bound by all the provisions of this Agreement.
Appears in 5 contracts
Samples: Independent Director Agreement (American Oriental Bioengineering Inc), Independent Director Agreement (American Oriental Bioengineering Inc), Independent Director Agreement (American Oriental Bioengineering Inc)
Validity of Agreement. The Company shall be precluded from asserting in any Proceeding, including, without limitation, an action under Section 12 (aClause 13(a) above, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court that the Company is bound by all the provisions of this Agreement.
Appears in 4 contracts
Samples: Employment Agreement (Phoenix Plus Corp.), Employment Agreement (Agape ATP Corp), Employment Agreement (Agape ATP Corp)
Validity of Agreement. The Company shall be precluded from asserting in any Proceeding, including, without limitation, an action under Section 12 11 (a) above, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court that the Company is bound by all the provisions of this Agreement.
Appears in 3 contracts
Samples: Director Agreement (Keyuan Petrochemicals, Inc.), Director Agreement (Keyuan Petrochemicals, Inc.), Director Agreement (Keyuan Petrochemicals, Inc.)
Validity of Agreement. The Company shall be precluded from asserting in any Proceeding, including, without limitation, an action under Section 12 (aClause 14(a) above, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court that the Company is bound by all the provisions of this Agreement.
Appears in 2 contracts
Samples: Employment Agreement (Agape ATP Corp), Employment Agreement (Agape ATP Corp)
Validity of Agreement. The Company shall be precluded from asserting in any Proceeding, including, without limitation, an action under Section 12 (a) abovethis Section, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court that the Company is bound by all the provisions of this Agreement.
Appears in 1 contract
Samples: Form of Indemnification Agreement (optionsXpress Holdings, Inc.)
Validity of Agreement. The Company shall be precluded from asserting in any Proceeding, including, without limitation, an action under Section 12 (a9(a) above, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court that the Company is bound by all the provisions of this Agreement.is
Appears in 1 contract
Samples: Director Indemnification Agreement (Synchronicity Inc)
Validity of Agreement. The Company shall be precluded from asserting in any Proceeding, including, including without limitation, an action under Section 12 (a10((a)) above, that the provisions of this Agreement are not valid, binding and enforceable or that there is insufficient consideration for this Agreement and shall stipulate in court that the Company is bound by all the provisions of this Agreement.
Appears in 1 contract
