Common use of WHEREAS Clause in Contracts

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;

Appears in 1831 contracts

Sources: Indemnity Agreement (JATT II Acquisition Corp.), Indemnification Agreement (Innovative Digital Investors Acquisition Corp.), Indemnity Agreement (Greenland Energy Co)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations companies as directors, officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationscompanies;

Appears in 346 contracts

Sources: Indemnification Agreement (RRE Ventures Acquisition Corp.), Indemnity Agreement (Energy Transition Special Opportunities), Indemnification Agreement (Blue Water Acquisition Corp. IV)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers directors or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe corporation;

Appears in 330 contracts

Sources: Indemnification Agreement (VYNE Therapeutics Inc.), Indemnification Agreement (Kailera Therapeutics, Inc.), Indemnification Agreement (Key Mining Corp.)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers or in other capacities unless they are provided with adequate protection through insurance or and adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe corporation;

Appears in 247 contracts

Sources: Indemnification Agreement (ProFrac Holding Corp.), Indemnification Agreement (Solaris Energy Infrastructure, Inc.), Indemnification Agreement (Permian Resources Corp)

WHEREAS. highly Highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;

Appears in 238 contracts

Sources: Indemnification Agreement (Mountain Crest Acquisition 6 Corp.), Indemnification Agreement (XFLH Capital Corp), Indemnification Agreement (BHAV Acquisition Corp)

WHEREAS. highly Highly competent persons have become more reluctant to serve publicly-held corporations companies as directors, officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationscompanies;

Appears in 217 contracts

Sources: Indemnification Agreement (Kensington Capital Acquisition Corp. VI), Indemnification Agreement (Kensington Capital Acquisition Corp. VI), Indemnification Agreement (Invest Green Acquisition Corp)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, directors or officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe corporation;

Appears in 153 contracts

Sources: Indemnification Agreement (Birchtech Corp.), Indemnification Agreement (AEVEX Corp.), Indemnification Agreement (Yellowstone Midco Holdings II, LLC)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe corporation;

Appears in 151 contracts

Sources: Indemnification Agreement (Akoustis Technologies, Inc.), Indemnification Agreement (Inhibrx Biosciences, Inc.), Indemnification Agreement (Talos Energy Inc.)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe corporation;

Appears in 148 contracts

Sources: Indemnification Agreement (Eagle Nuclear Energy Corp.), Indemnification Agreement (Hacker Interstellar Inc.), Indemnification Agreement (Eagle Energy Metals Corp.)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers directors or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;the corporation.

Appears in 81 contracts

Sources: Indemnity Agreement (Six Flags Entertainment Corporation/New), Indemnity Agreement (GEE Group Inc.), Indemnification Agreement (Pzena Investment Management, Inc.)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers directors or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe corporation;

Appears in 63 contracts

Sources: Indemnification Agreement (Sitio Royalties Corp.), Indemnification Agreement (MN8 Energy, Inc.), Indemnification Agreement (MN8 Energy, Inc.)

WHEREAS. highly competent persons have become more reluctant to serve publicly-publicly held corporations as directors, officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;.

Appears in 61 contracts

Sources: Indemnity Agreement (Quetta Acquisition Corp), Indemnification Agreement (Quetta Acquisition Corp), Indemnification Agreement (Oak Woods Acquisition Corp)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers directors or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;.

Appears in 60 contracts

Sources: Indemnification Agreement (Nubia Brand International Corp.), Indemnification Agreement (Ault Disruptive Technologies Corp), Indemnification Agreement (Arisz Acquisition Corp.)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, directors and officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe corporation;

Appears in 56 contracts

Sources: Indemnification Agreement (Exyn Technologies, Inc.), Indemnification Agreement (Globalstar, Inc.), Indemnification Agreement (Eikon Therapeutics, Inc.)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held companies and corporations as directors, officers directors or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe company;

Appears in 55 contracts

Sources: Indemnification Agreement (Global Technology Acquisition Corp. I), Indemnification Agreement (Prospect Energy Holdings Corp.), Indemnity Agreement (Zura Bio LTD)

WHEREAS. highly competent persons have become more reluctant to serve publicly-publicly held corporations as directors, officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;

Appears in 52 contracts

Sources: Indemnity Agreement (QuasarEdge Acquisition Corp), Indemnification Agreement (GalaxyEdge Acquisition Corp), Indemnity Agreement (GalaxyEdge Acquisition Corp)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, directors or officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe corporation;

Appears in 48 contracts

Sources: Indemnification Agreement (Ev Transportation Services, Inc.), Indemnification Agreement (Verve Therapeutics, Inc.), Indemnification Agreement (Werewolf Therapeutics, Inc.)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, directors or officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;

Appears in 42 contracts

Sources: Indemnification Agreement (Churchill Capital Corp XII), Indemnification Agreement (KPET Ultra Paceline Corp), Indemnification Agreement (CH4 Natural Solutions Corp)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, directors or officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;.

Appears in 41 contracts

Sources: Indemnification Agreement (ARKO Petroleum Corp.), Indemnification Agreement (Kimbell Tiger Acquisition Corp), Indemnification Agreement (Kimbell Tiger Acquisition Corp)

WHEREAS. highly competent persons have become are becoming more reluctant to serve publicly-held corporations as directors, officers directors or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;the corporation; and

Appears in 35 contracts

Sources: Indemnification Agreement, Indemnification Agreement (Lydall Inc /De/), Indemnification Agreement

WHEREAS. highly competent persons have become more reluctant to serve publicly-held publicly‑held corporations as directors, officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;

Appears in 33 contracts

Sources: Indemnification Agreement (East Resources Acquisition Co), Indemnification Agreement (East Resources Acquisition Co), Indemnification & Liability (East Resources Acquisition Co)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, directors or executive officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;the corporation.

Appears in 33 contracts

Sources: Indemnification Agreement (Cloud Data Holdings Corp), Indemnification Agreement (Klook Technology LTD), Indemnification Agreement (Slide Insurance Holdings, Inc.)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers and/or directors or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;; and

Appears in 29 contracts

Sources: Indemnification Agreement (Eucrates Biomedical Acquisition Corp.), Indemnification Agreement (Eucrates Biomedical Acquisition Corp.), Indemnification Agreement (Eucrates Biomedical Acquisition Corp.)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as [directors, officers ] [officers] or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe corporation;

Appears in 27 contracts

Sources: Series a Preferred Stock Purchase Agreement (Promicell, Inc.), Indemnification Agreement (Coursera, Inc.), Indemnification Agreement (Novan, Inc.)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;corporations;

Appears in 27 contracts

Sources: Indemnification Agreement (Black Spade Acquisition III Co), Indemnification Agreement (Black Spade Acquisition III Co), Indemnification Agreement (Black Spade Acquisition III Co)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, directors and/or officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe corporation;

Appears in 25 contracts

Sources: Indemnification Agreement (APEX Tech Acquisition Inc.), Indemnification Agreement (Xanadu Quantum Technologies Inc.), Indemnification Agreement (APEX Tech Acquisition Inc.)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held companies or corporations as directors, officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such companies or corporations;

Appears in 24 contracts

Sources: Indemnification & Liability (LDH Growth Corp I), Indemnification Agreement (LDH Growth Corp I), Indemnification Agreement (LDH Growth Corp I)

WHEREAS. highly competent persons have become more reluctant to serve publicly-publicly held corporations as directors, directors or officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe corporation;

Appears in 23 contracts

Sources: Indemnification Agreement (Tharimmune, Inc.), Indemnification Agreement (JFB Construction Holdings), Indemnification Agreement (Allegiant Travel CO)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers officers, or in other capacities unless they are provided with adequate protection through insurance or and adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe corporation;

Appears in 22 contracts

Sources: Indemnification Agreement (Dougherty's Pharmacy, Inc.), Indemnification Agreement (Rice Energy Inc.), Indemnification Agreement (Teladoc, Inc.)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as [directors, officers ] [officers] or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe corporation;

Appears in 22 contracts

Sources: Indemnification Agreement (Idera Pharmaceuticals, Inc.), Indemnification Agreement (Spring Bank Pharmaceuticals, Inc.), Indemnification Agreement (Iberdrola USA, Inc.)

WHEREAS. highly competent and experienced persons have become more are becoming increasingly reluctant to serve publicly-held corporations as directors, officers officers, or in other capacities unless they are provided with adequate protection through liability insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe corporation;

Appears in 20 contracts

Sources: Indemnification Agreement (Healthy Choice Wellness Corp.), Indemnification Agreement (Vado Corp.), Indemnification Agreement (Vado Corp.)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;the corporation.

Appears in 20 contracts

Sources: Indemnity Agreement (Blue Bird Corp), Indemnification Agreement (Blue Bird Corp), Indemnity Agreement (Blue Bird Corp)

WHEREAS. highly competent persons have become more reluctant to serve publicly-publicly held corporations as directors, directors or officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;

Appears in 19 contracts

Sources: Indemnification Agreement (Enviva Inc.), Indemnification Agreement (RF Acquisition Corp.), Indemnification Agreement (REV Renewables, Inc.)

WHEREAS. highly competent persons have become more reluctant to serve publicly-publicly held corporations as directors, officers directors or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;the corporation.

Appears in 19 contracts

Sources: Annual Report, Indemnity Agreement (Carriage Services Inc), Indemnity Agreement (Electronics for Imaging Inc)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as managers, directors, officers or in other capacities unless they are provided with adequate protection through insurance or and adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe business enterprise;

Appears in 18 contracts

Sources: Indemnification Agreement (Nesco Holdings, Inc.), Indemnification Agreement (Sunnova Energy International Inc.), Indemnification Agreement (Sunnova Energy International Inc.)

WHEREAS. highly competent persons have become more reluctant to serve publicly-publicly held corporations as directors, officers directors or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe corporation;

Appears in 17 contracts

Sources: Indemnification Agreement (Synacor, Inc.), Indemnification Agreement (FusionStorm Global, Inc.), Indemnification Agreement (Kior Inc)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations companies as directors, officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationscompanies;

Appears in 17 contracts

Sources: Indemnity Agreement (American Exceptionalism Acquisition Corp. A), Indemnification Agreement (American Exceptionalism Acquisition Corp. A), Indemnification Agreement (Social Capital Suvretta Holdings Corp. I)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe corporation;

Appears in 17 contracts

Sources: Indemnification Agreement, Indemnification Agreement (CrowdStrike Holdings, Inc.), Indemnification Agreement (CrowdStrike Holdings, Inc.)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, directors or officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe corporation;

Appears in 17 contracts

Sources: Indemnification Agreement (Oramed Pharmaceuticals Inc.), Indemnification Agreement (Oramed Pharmaceuticals Inc.), Indemnification Agreement (Oramed Pharmaceuticals Inc.)

WHEREAS. highly competent persons have become are becoming more reluctant to serve publicly-held corporations as directors, officers directors or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;the corporation; and,

Appears in 16 contracts

Sources: Indemnification Agreement (BNS Co), Indemnification Agreement (Brown & Sharpe Manufacturing Co /De/), Indemnification Agreement (Brown & Sharpe Manufacturing Co /De/)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, executive officers or in other capacities unless they are provided provided, with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to to, and activities on behalf of such corporationsof, the corporation;

Appears in 16 contracts

Sources: Indemnification Agreement (Petroquest Energy Inc), Indemnification Agreement (Petroquest Energy Inc), Indemnification Agreement (Petroquest Energy Inc)

WHEREAS. highly competent persons have become are becoming more reluctant to serve publicly-publicly held corporations as directors, officers or in other capacities directors unless they are provided with adequate protection through insurance or adequate and indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;the corporation; and

Appears in 16 contracts

Sources: Indemnification Agreement (C&d Technologies Inc), Indemnification Agreement (C&d Technologies Inc), Indemnification Agreement (C&d Technologies Inc)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, directors and officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe corporation;

Appears in 16 contracts

Sources: Indemnification Agreement (Linkhome Holdings Inc.), Indemnification Agreement (Inno Holdings Inc.), Indemnification Agreement (CBTX, Inc.)

WHEREAS. highly skilled and competent persons have become are becoming more reluctant to serve publicly-held corporations public companies as directors, directors or officers or in other capacities unless they are provided with adequate protection through insurance or adequate and indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationscompanies;

Appears in 15 contracts

Sources: Indemnification Agreement (TCP International Holdings Ltd.), Indemnification Agreement (TCP International Holdings Ltd.), Non Executive Director Service Agreement (Greenwich Kahala Aviation Ltd.)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers or in other capacities directors unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe corporation;

Appears in 14 contracts

Sources: Indemnification Agreement, Indemnification Agreement (Hhgregg, Inc.), Indemnification Agreement (Stocosil Inc.)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;.

Appears in 14 contracts

Sources: Indemnification Agreement (SC Health Corp), Indemnification Agreement (SC Health Corp), Indemnification Agreement (SC Health Corp)

WHEREAS. highly competent persons have become more are reluctant to serve publicly-held corporations a corporation as directors, officers a director or in other capacities another capacity unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;

Appears in 13 contracts

Sources: Indemnification Agreement (Sucampo Pharmaceuticals, Inc.), Indemnification Agreement (Sucampo Pharmaceuticals, Inc.), Indemnification Agreement (Sucampo Pharmaceuticals, Inc.)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers directors or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;; and

Appears in 13 contracts

Sources: Indemnification Agreement (Neurotrope, Inc.), Indemnity Agreement (COMMITTED CAPITAL ACQUISITION Corp II), Indemnity Agreement (COMMITTED CAPITAL ACQUISITION Corp II)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers directors or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;the corporation.

Appears in 12 contracts

Sources: Indemnification Agreement (EquipmentShare.com Inc), Indemnification Agreement (Amer Sports, Inc.), Indemnification Agreement

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations companies as directors, officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;companies;

Appears in 11 contracts

Sources: Indemnity Agreement (AmperCap Acquisition Co), Indemnity Agreement (Cambridge Acquisition Corp.), Indemnity Agreement (Muzero Acquisition Corp)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers directors or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;the Company; and

Appears in 11 contracts

Sources: Indemnity Agreement (Ixl Enterprises Inc), Employment Agreement (Scient Inc), Indemnification Agreement (Scient Inc)

WHEREAS. highly competent persons have become are becoming more reluctant to serve publicly-held corporations as directors, directors or executive officers or in other capacities unless they are provided with adequate reasonable protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such the corporations;.

Appears in 11 contracts

Sources: Executive Employment Agreement (Essendant Inc), Executive Employment Agreement (Essendant Inc), Executive Employment Agreement (Essendant Inc)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe corporation;

Appears in 11 contracts

Sources: Indemnification Agreement (MainStreet Bancshares, Inc.), Indemnification Agreement (FGI Industries Ltd.), Indemnification Agreement (Eco Science Solutions, Inc.)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held service corporations as directors, directors or officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe corporation;

Appears in 10 contracts

Sources: Deed of Indemnity (Edwards Group LTD), Deed of Indemnity (Edwards Group LTD), Deed of Indemnity (Edwards Group LTD)

WHEREAS. highly competent persons have become are becoming more reluctant to serve publicly-held corporations as directors, officers or in other capacities and directors unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;

Appears in 10 contracts

Sources: Indemnification Agreement (Syntellect Inc), Indemnification Agreement (Syntellect Inc), Indemnification Agreement (Syntellect Inc)

WHEREAS. highly competent persons have become are becoming more reluctant to serve publicly-held corporations as directors, officers directors or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to to, and activities on behalf of such corporationsof, the corporation;

Appears in 10 contracts

Sources: Employment Agreement (Thermo Fisher Scientific Inc.), Indemnification Agreement (Closure Medical Corp), Indemnification Agreement (Thermo Vision Corp)

WHEREAS. highly competent persons have become are becoming more reluctant to serve publicly-held corporations as directors, officers executive officers, or in other capacities unless they are provided with adequate protection through insurance or adequate and indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;the corporation; and

Appears in 10 contracts

Sources: Indemnification Agreement (Motors & Gears Inc), Indemnification Agreement (Motors & Gears Inc), Indemnification Agreement (Motors & Gears Inc)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers directors or in other capacities unless they are provided with adequate protection through insurance or and adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe corporation;

Appears in 10 contracts

Sources: Indemnification Agreement (Sterling Check Corp.), Indemnification Agreement (International Money Express, Inc.), Indemnification Agreement (International Money Express, Inc.)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers directors or in other capacities unless they are provided with adequate protection through insurance or and/or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;the corporation.

Appears in 10 contracts

Sources: Indemnification Agreement (Marketaxess Holdings Inc), Indemnification Agreement (Maidenform Brands, Inc.), Indemnification Agreement (Ann Inc.)

WHEREAS. highly competent persons have become more reluctant to serve publicly-publicly held corporations as directors, officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe corporation;

Appears in 9 contracts

Sources: Indemnification Agreement (Pricesmart Inc), Indemnification Agreement (Tetraphase Pharmaceuticals Inc), Indemnification Agreement (Cotherix Inc)

WHEREAS. highly competent persons have become are becoming more reluctant to serve publicly-held corporations as directors, directors or officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to to, and activities on behalf of of, such corporations;; and

Appears in 8 contracts

Sources: Indemnification Agreement (Rohn Industries Inc), Indemnification Agreement (Ophthalmic Imaging Systems Inc), Indemnification Agreement (Rohn Industries Inc)

WHEREAS. highly competent persons have become are becoming more reluctant to serve publicly-held corporations as directors, directors or as officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to to, and activities on behalf of of, such corporations;; and

Appears in 8 contracts

Sources: Indemnification Agreement (Griffon Corp), Indemnification Agreement (Nu Horizons Electronics Corp), Indemnification Agreement (Eacceleration Corp)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers directors or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;the corporation; and

Appears in 7 contracts

Sources: Indemnification Agreement (Camp Nine, Inc.), Indemnification Agreement (Agile Therapeutics Inc), Indemnification Agreement (Celator Pharmaceuticals Inc)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe corporation;

Appears in 7 contracts

Sources: Indemnification Agreement (NCL CORP Ltd.), Indemnification Agreement (Norwegian Cruise Line Holdings Ltd.), Indemnification Agreement (CAESARS ENTERTAINMENT Corp)

WHEREAS. highly competent persons have become more reluctant to serve publicly-publicly held corporations as directors, directors or executive officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;the corporation.

Appears in 7 contracts

Sources: Indemnification Agreement (Galaxy Digital Holdings Ltd.), Indemnification Agreement (Claire's Holdings LLC), Indemnification Agreement (Weber Inc.)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, directors or officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;the corporation.

Appears in 7 contracts

Sources: Indemnification Agreement (Acutus Medical, Inc.), Indemnification Agreement (AssetMark Financial Holdings, Inc.), Indemnification Agreement (AssetMark Financial Holdings, Inc.)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directorsofficers, officers directors or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe corporation;

Appears in 7 contracts

Sources: Indemnification Agreement (Creative Realities, Inc.), Indemnification Agreement (Legend Biotech Corp), Indemnification Agreement (Urovant Sciences Ltd.)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers and/or directors or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;

Appears in 7 contracts

Sources: Indemnification Agreement (Kismet Acquisition Two Corp.), Indemnity Agreement (Kismet Acquisition Three Corp.), Indemnity Agreement (Kismet Acquisition Three Corp.)

WHEREAS. highly competent persons have become are becoming more reluctant to serve publicly-held corporations as directors, directors or officers or in other capacities unless they are provided with adequate protection through insurance or adequate and indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;the Company; and

Appears in 7 contracts

Sources: Indemnification Agreement (Workflow Management Inc), Indemnification Agreement (Workflow Management Inc), Indemnification Agreement (Workflow Management Inc)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, directors or officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;the corporation.

Appears in 7 contracts

Sources: Indemnification Agreement (Arxis, Inc.), Indemnification Agreement (Snail, Inc.), Indemnification Agreement (Mirion Technologies, Inc.)

WHEREAS. highly competent persons have become more may be reluctant to serve publicly-held corporations as directors, officers or in officers, employees, fiduciaries and other capacities agents (“Representatives”) of corporations unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;; and

Appears in 7 contracts

Sources: Indemnification Agreement (zSpace, Inc.), Indemnification Agreement (zSpace, Inc.), Indemnification Agreement (Global Technologies LTD)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers or in other capacities Directors unless they are provided with adequate protection through insurance or adequate and/or indemnification against inordinate the risks of claims and actions being asserted against them arising out of their service to and activities on behalf of such corporations;; and

Appears in 7 contracts

Sources: Director’s Indemnification Agreement (SLM Corp), Director’s Indemnification Agreement (Craftmade International Inc), Director’s Indemnification Agreement (SLM Corp)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers or in other capacities unless they are provided with adequate protection through insurance or and adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe corporation;

Appears in 7 contracts

Sources: Indemnification Agreement (Environmental Impact Acquisition Corp), Indemnification Agreement (Evoke Pharma Inc), Indemnification Agreement (Puma Biotechnology, Inc.)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers directors or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;the corporation; and

Appears in 6 contracts

Sources: Indemnification Agreement (Hormel Foods Corp /De/), Indemnification Agreement (Daou Systems Inc), Indemnification Agreement (California Jockey Club)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers officers, or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe corporation;

Appears in 6 contracts

Sources: Indemnification Agreement (Advanced Energy Industries Inc), Indemnification Agreement, Indemnification Agreement (Beam Therapeutics Inc.)

WHEREAS. highly competent persons have become are becoming more reluctant to serve publicly-held corporations as directors, officers or in other capacities unless they are provided with adequate protection through insurance or adequate and indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;the Company; and

Appears in 6 contracts

Sources: Indemnification & Liability (Aavid Thermal Technologies Inc), Indemnification & Liability (Aavid Thermal Technologies Inc), Indemnification Agreement (Zygo Corp)

WHEREAS. highly competent persons recently have become more reluctant to serve publicly-held corporations as directors, officers officers, or in other capacities capacities, unless they are provided with adequate better protection through insurance or adequate indemnification against inordinate risks from the risk of claims and actions against them arising out of their service to and activities on behalf of such corporations;corporation; and

Appears in 6 contracts

Sources: Indemnification Agreement (Ladenburg Thalmann Financial Services Inc), Indemnification Agreement (Individual Investor Group Inc), Indemnification Agreement (Parkervision Inc)

WHEREAS. highly competent persons have become more reluctant to serve as directors of publicly-held corporations as directors, officers or in other capacities unless they are provided with adequate protection through insurance or adequate and indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;the corporation.

Appears in 6 contracts

Sources: Indemnification Agreement (E Trade Financial Corp), Director Indemnification Agreement (First Data Corp), Director Indemnification Agreement (First Data Corp)

WHEREAS. highly competent persons have become more reluctant to serve publicly-publicly- held corporations companies as directors, officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationscompanies;

Appears in 6 contracts

Sources: Indemnity Agreement (LIV Capital Acquisition Corp. II), Indemnification Agreement (LIV Capital Acquisition Corp. II), Indemnity Agreement (LIV Capital Acquisition Corp. II)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;

Appears in 6 contracts

Sources: Indemnification Agreement (Glori Energy Inc.), Indemnification Agreement (Glori Energy Inc.), Indemnification Agreement (Glori Energy Inc.)

WHEREAS. highly competent persons have become more reluctant to serve publicly-publicly held corporations as directors, officers or in other capacities unless they are provided with adequate protection through insurance or and/or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe corporation;

Appears in 6 contracts

Sources: Indemnification Agreement (Motorsport Games Inc.), Indemnification Agreement (Motorsport Games Inc.), Indemnification Agreement (Motorsport Games Inc.)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers officers, or in other capacities capacities, unless they are provided with adequate better protection through insurance or adequate indemnification against inordinate risks from the risk of claims and actions against them arising out of their service to and activities on behalf of such corporations;; and

Appears in 6 contracts

Sources: Indemnification Agreement (Asta Funding Inc), Indemnification Agreement (Iat Multimedia Inc), Indemnification Agreement (Ivivi Technologies, Inc.)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers or in other capacities unless they are provided with adequate protection through insurance or and adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe corporation;

Appears in 6 contracts

Sources: Employment Agreement (Nbty Inc), Employment Agreement (Nbty Inc), Employment Agreement (NBTY Florida, Inc.)

WHEREAS. highly competent persons have become more may be reluctant to serve publicly-held corporations as directors, officers or in officers, employees, fiduciaries and other capacities agents (“Representatives”) of corporations unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;

Appears in 6 contracts

Sources: Indemnification Agreement (Intelligent Protection Management Corp.), Indemnification Agreement (Welsbach Technology Metals Acquisition Corp.), Indemnification Agreement (ELAH Holdings, Inc.)

WHEREAS. highly competent persons have become are becoming more reluctant to serve publicly-held corporations as directors, officers directors or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;the corporation, and

Appears in 6 contracts

Sources: Indemnification Agreement (Union Street Acquisition Corp.), Indemnification Agreement (Boulder Specialty Brands, Inc.), Indemnification Agreement (Sound Surgical Technologies Inc.)

WHEREAS. highly skilled and competent persons have become are becoming more reluctant to serve publicly-held public corporations as directors, directors or officers or in other capacities unless they are provided with adequate protection through insurance or adequate and indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;the corporation; and

Appears in 5 contracts

Sources: Indemnification Agreement (Weatherford International LTD), Indemnification Agreement (Weatherford International LTD), Indemnification Agreement (Weatherford International Inc /New/)

WHEREAS. highly competent persons have become more may be reluctant to serve publicly-held corporations as directors, officers directors or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;; and

Appears in 5 contracts

Sources: Indemnification Agreement (Comdata Network, Inc. Of California), Indemnification Agreement (Ceridian Corp), Indemnification Agreement (Ceridian Corp /De/)

WHEREAS. highly competent and experienced persons have become more may be reluctant to serve publicly-held corporations as directors, officers officers, or in other capacities unless they are provided with adequate protection through liability insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe corporation;

Appears in 5 contracts

Sources: Employment Agreement (Aspen Group, Inc.), Employment Agreement (Aspen Group, Inc.), Employment Agreement (Aspen Group, Inc.)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, directors or officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to to, and activities on behalf of such corporations;of, the corporation; and

Appears in 5 contracts

Sources: Independent Contractor Agreement (Argentex Mining Corp), Independent Contractor Agreement (Argentex Mining Corp), Indemnification Agreement (Argentex Mining Corp)

WHEREAS. highly competent persons have become more reluctant to serve publicly-publicly held corporations as directors, officers officers, or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe corporation;

Appears in 5 contracts

Sources: Indemnification Agreement (Advanced Energy Industries Inc), Indemnification Agreement (TTM Technologies Inc), Indemnification Agreement (TTM Technologies Inc)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, directors and officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification or both against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe corporation;

Appears in 5 contracts

Sources: Indemnification Agreement (Imricor Medical Systems, Inc.), Indemnification Agreement (Xtant Medical Holdings, Inc.), Indemnification Agreement (Xtant Medical Holdings, Inc.)

WHEREAS. recently, highly competent persons have become more reluctant to serve both privately and publicly-held corporations as directors, officers officers, or in other capacities capacities, unless they are provided with adequate better protection through insurance or adequate indemnification against inordinate risks from the risk of claims and actions against them arising out of their service to and activities on behalf of such corporations;; and

Appears in 5 contracts

Sources: Indemnification Agreement (Allied Nevada Gold Corp), Indemnification Agreement (Indevus Pharmaceuticals Inc), Indemnification Agreement (Interneuron Pharmaceuticals Inc)

WHEREAS. highly competent persons have become are becoming more reluctant to serve publicly-held corporations as directors, officers or in other capacities and directors unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;; and

Appears in 5 contracts

Sources: Indemnification Agreement (Medistem Laboratories, Inc.), Indemnification Agreement (Medistem Laboratories, Inc.), Indemnification Agreement (Brownshire Holdings, Inc.)

WHEREAS. highly competent persons have become are becoming more reluctant to serve publicly-held corporations as directors, officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;the corporation; and

Appears in 5 contracts

Sources: Employment Agreement, Indemnification Agreement (Colgate Palmolive Co), Indemnification Agreement (Colgate Palmolive Co)

WHEREAS. highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers or in other capacities unless they such persons are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe corporation;

Appears in 5 contracts

Sources: Indemnification Agreement (Texas Capital Bancshares Inc/Tx), Indemnification Agreement (Texas Capital Bancshares Inc/Tx), Indemnification Agreement (Texas Capital Bancshares Inc/Tx)

WHEREAS. highly competent persons have become are becoming more reluctant to serve publicly-held corporations as directors, directors or officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to to, and activities on behalf of of, such corporations;

Appears in 5 contracts

Sources: Indemnification Agreement (Semtech Corp), Indemnification Agreement (Semtech Corp), Indemnification Agreement (Semtech Corp)

WHEREAS. highly Highly competent persons have become more reluctant to serve publicly-held corporations as directors, officers officers, advisors or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;

Appears in 5 contracts

Sources: Indemnification Agreement (White Pearl Acquisition Corp.), Indemnification Agreement (White Pearl Acquisition Corp.), Indemnification Agreement (White Pearl Acquisition Corp.)

WHEREAS. highly competent capable persons have become more reluctant to serve publicly-held corporations as directors, officers or in other capacities unless they are provided with adequate protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporationsthe Company;

Appears in 4 contracts

Sources: Indemnification Agreement (Endo, Inc.), Indemnification Agreement (Endo, Inc.), Indemnification Agreement (Endo International PLC)

WHEREAS. highly competent persons have become are becoming more reluctant to serve publicly-publicly held corporations as directors, executive officers or in other capacities unless they are provided with adequate reasonable protection through insurance or adequate indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such the corporations;.

Appears in 4 contracts

Sources: Indemnification Agreement (Clientlogic Corp), Indemnification Agreement (Clientlogic Corp), Indemnification Agreement (Clientlogic Corp)

WHEREAS. highly skilled and competent persons have become are becoming more reluctant to serve publicly-held public corporations as directors, directors or officers or in other capacities unless they are provided with adequate protection through insurance or adequate and indemnification against inordinate risks of claims and actions against them arising out of their service to and activities on behalf of such corporations;a corporation; and

Appears in 4 contracts

Sources: Indemnification Agreement (Archrock, Inc.), Indemnification Agreement (Exterran Corp), Indemnification Agreement (Exterran Corp)