WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 1944 contracts
Sources: Indemnification Agreement (Innovative Digital Investors Acquisition Corp.), Indemnification Agreement (VYNE Therapeutics Inc.), Indemnification Agreement (Kailera Therapeutics, Inc.)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders shareholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 1505 contracts
Sources: Indemnification Agreement (RRE Ventures Acquisition Corp.), Indemnity Agreement (Energy Transition Special Opportunities), Indemnification Agreement (Churchill Capital Corp XII)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s Company and its stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 661 contracts
Sources: Indemnification and Advancement Agreement (Galaxy Gaming, Inc.), Indemnification Agreement (Oncolytics Biotech Inc), Indemnification and Advancement Agreement (Galaxy Gaming, Inc.)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;.
Appears in 262 contracts
Sources: Indemnification Agreement (Arxis, Inc.), Indemnification Agreement (ARKO Petroleum Corp.), Indemnification Agreement (Clear Street Group Inc.)
WHEREAS. the Board of Directors of the Company (the “Board”) has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s Company and its stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 215 contracts
Sources: Indemnification Agreement (VIDA Global Inc.), Indemnification Agreement (ProFrac Holding Corp.), Indemnification Agreement (Solaris Energy Infrastructure, Inc.)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s 's stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 154 contracts
Sources: Indemnification Agreement (Veradermics, Inc), Indemnification Agreement (Cue Biopharma, Inc.), Indemnification Agreement (Camp4 Therapeutics Corp)
WHEREAS. the Board of Directors of the Corporation (the “Board”) has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s Corporation and its stockholders and that the Company Corporation should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 103 contracts
Sources: Indemnification Agreement (Ramaco Resources, Inc.), Indemnification Agreement (Ramaco Resources, Inc.), Indemnification Agreement (Via Renewables, Inc.)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders Company and its shareholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 51 contracts
Sources: Indemnification Agreement (HeartSciences Inc.), Indemnification Agreement (Black Rock Coffee Bar, Inc.), Indemnification Agreement (GrabAGun Digital Holdings Inc.)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders shareholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;.
Appears in 49 contracts
Sources: Indemnification Agreement (YXT.COM GROUP HOLDING LTD), Indemnification Agreement (XCHG LTD), Indemnification Agreement (Amer Sports, Inc.)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders shareholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;; and
Appears in 36 contracts
Sources: Indemnification Agreement (Eucrates Biomedical Acquisition Corp.), Indemnification Agreement (Eucrates Biomedical Acquisition Corp.), Indemnification Agreement (Eucrates Biomedical Acquisition Corp.)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders Company and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 30 contracts
Sources: Indemnification Agreement (Viper Energy, Inc.), Indemnification Agreement (Viper Energy, Inc.), Indemnification Agreement (Kimco Realty OP, LLC)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s 's stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;; and
Appears in 29 contracts
Sources: Indemnification Agreement (Dgse Companies Inc), Indemnification Agreement (Camp Nine, Inc.), Indemnification Agreement (United Insurance Holdings Corp.)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders shareholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;future;
Appears in 27 contracts
Sources: Indemnity Agreement (AmperCap Acquisition Co), Indemnity Agreement (Cambridge Acquisition Corp.), Indemnity Agreement (Muzero Acquisition Corp)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s 's stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;.
Appears in 25 contracts
Sources: Indemnity Agreement (Tegal Corp /De/), Indemnity Agreement (Mattson Technology Inc), Indemnification Agreement (Hicks Acquisition CO I Inc.)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;; and
Appears in 23 contracts
Sources: Indemnification Agreement (zSpace, Inc.), Indemnification Agreement (zSpace, Inc.), Indemnification Agreement (Wheeler Real Estate Investment Trust, Inc.)
WHEREAS. the Board of Directors of the Company has determined that the increased difficulty in attracting inability to attract and retaining retain such persons is detrimental to the best interests of the Company’s 's stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;; and
Appears in 23 contracts
Sources: Indemnification Agreement (H/Cell Energy Corp), Indemnification & Liability (WPCS International Inc), Indemnification Agreement (Tonix Pharmaceuticals Holding Corp.)
WHEREAS. the Board has determined that the increased difficulty in attracting an inability to attract and retaining retain such persons is detrimental to the best interests of the Company’s stockholders Company and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 22 contracts
Sources: Deed of Indemnification (Weatherford International PLC), Deed of Indemnification (Weatherford International LTD), Indemnification Agreement (TCP International Holdings Ltd.)
WHEREAS. the Board of Directors of the Company (the “Board”) has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders Company and its shareholders, and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 18 contracts
Sources: Indemnification Agreement (Nesco Holdings, Inc.), Indemnification Agreement (Sunnova Energy International Inc.), Indemnification Agreement (Sunnova Energy International Inc.)
WHEREAS. the Board of Directors of the Company (the “Board”) has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 17 contracts
Sources: Indemnification Agreement (Akoustis Technologies, Inc.), Indemnification Agreement (Acacia Research Corp), Indemnification Agreement (Vince Holding Corp.)
WHEREAS. the Board of Directors has determined that the increased difficulty in attracting inability to attract and retaining retain such persons is detrimental to the best interests of the Company’s 's stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;; and
Appears in 17 contracts
Sources: Indemnification Agreement (Hewlett Packard Co), Indemnification Agreement (Altavista Co), Indemnification Agreement (Weatherford International Inc /New/)
WHEREAS. the Board board of directors of the Company (the “Board”) has determined that the increased difficulty in attracting inability to attract and retaining retain such persons is detrimental to the best interests of the Company’s stockholders shareholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 17 contracts
Sources: Indemnification Agreement (Healthy Choice Wellness Corp.), Indemnification Agreement (Vado Corp.), Indemnification Agreement (Vado Corp.)
WHEREAS. the Board of Directors of the Company has determined that the increased difficulty in attracting inability to attract and retaining retain such persons is detrimental to the best interests of the Company’s stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;; and
Appears in 16 contracts
Sources: Indemnification Agreement, Indemnification Agreement (Lydall Inc /De/), Indemnification Agreement
WHEREAS. the Board of Directors of the Company (the "Board") has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders 's shareholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;; and,
Appears in 15 contracts
Sources: Indemnification Agreement (Brown & Sharpe Manufacturing Co /De/), Indemnification Agreement (Brown & Sharpe Manufacturing Co /De/), Indemnification Agreement (Brown & Sharpe Manufacturing Co /De/)
WHEREAS. the Board of Directors of the Company (the "Board") has determined that the increased difficulty in attracting inability to attract and retaining retain such persons is detrimental to the best interests of the Company’s 's stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 14 contracts
Sources: Indemnification Agreement (Syntellect Inc), Indemnification Agreement (Syntellect Inc), Indemnification Agreement (Syntellect Inc)
WHEREAS. the Board of Directors of the Company (the "Board") has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s 's stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 13 contracts
Sources: Indemnification Agreement (Thermo Vision Corp), Indemnification Agreement (Viasys Healthcare Inc), Employment Agreement (Thermo Electron Corp)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons directors and officers is detrimental to the best interests of the Company’s Company and its stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 12 contracts
Sources: Indemnification Agreement (Birchtech Corp.), Indemnification Agreement (AEVEX Corp.), Indemnification Agreement (Yellowstone Midco Holdings II, LLC)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;future;
Appears in 12 contracts
Sources: Indemnification Agreement (Golden Matrix Group, Inc.), Indemnity Agreement (Unifund Financial Technologies, Inc.), Indemnification Agreement (Vertex Energy Inc.)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 12 contracts
Sources: Indemnity Agreement (Tengasco Inc), Indemnification Agreement (HighPeak Energy, Inc.), Indemnification Agreement (HighPeak Energy, Inc.)
WHEREAS. the Board of Directors of the Company (the “Board”) has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders investors and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;; and
Appears in 11 contracts
Sources: Separation Agreement (Medivation, Inc.), Transition and Separation Agreement (Medivation, Inc.), Indemnification Agreement (Medivation, Inc.)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders 's shareholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;.
Appears in 9 contracts
Sources: Indemnification Agreement (Athena Bitcoin Global), Indemnification Agreement (Athena Bitcoin Global), Indemnification Agreement (Athena Bitcoin Global)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s Company and its stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;.
Appears in 9 contracts
Sources: Indemnity Agreement (Blue Bird Corp), Indemnification Agreement (Blue Bird Corp), Indemnification Agreement (TS Innovation Acquisitions Corp.)
WHEREAS. the Board of Directors of the Company (the “Board”) has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;.
Appears in 9 contracts
Sources: Indemnification Agreement (Cloud Data Holdings Corp), Indemnification Agreement (World Road Inc.), Indemnification Agreement (Green Solar Energy LTD)
WHEREAS. the Board of Directors of the Company (the "Board") has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s 's stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;; and
Appears in 9 contracts
Sources: Indemnification Agreement (Verint Systems Inc), Indemnification Agreement (Loral Space & Communications Inc.), Indemnification Agreement (At Home Corp)
WHEREAS. the Board of Directors of the Company (the "Board") has determined that the increased difficulty in attracting inability to attract and retaining retain such persons is detrimental to the best interests of the Company’s 's stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;; and
Appears in 8 contracts
Sources: Indemnification Agreement (Pfizer Inc), Indemnification Agreement (Allied Waste Industries Inc), Indemnification Agreement (Pfizer Inc)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company and the Company’s stockholders shareholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 8 contracts
Sources: Indemnification Agreement (Hacker Interstellar Inc.), Indemnification Agreement (Clearthink 1 Acquisition Corp.), Indemnity Agreement (Clearthink 1 Acquisition Corp.)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s Corporation and its stockholders and that the Company Corporation should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 8 contracts
Sources: Director Indemnification Agreement (Cboe Global Markets, Inc.), Indemnification Agreement (Andeavor), Director Indemnification Agreement (CBOE Holdings, Inc.)
WHEREAS. the Board of Directors of the Company (the “Board”) has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders Company and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 7 contracts
Sources: Indemnification Agreement (Concrete Partners Holding, LLC), Indemnification Agreement (Hydrofarm Holdings Group, Inc.), Indemnification Agreement (CoreSite Realty Corp)
WHEREAS. the Board of Directors of the Company has determined that the increased difficulty difficulties in attracting and retaining such persons is are detrimental to the best interests of the Company’s stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;; and
Appears in 7 contracts
Sources: Indemnification Agreement (Global Technologies LTD), Indemnification Agreement (Eightco Holdings Inc.), Indemnification Agreement (Global Technologies LTD)
WHEREAS. the Board of Directors of the Company (the “Board”) has determined that the increased difficulty in attracting and retaining such persons individuals is detrimental to the best interests of the Company’s stockholders and that the Company should act to assure such persons individuals that there will be increased certainty of such protection in the future;
Appears in 6 contracts
Sources: Indemnification Agreement (PHH Corp), Indemnification Agreement (PHH Corp), Indemnification Agreement (PHH Corp)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons qualified individuals to serve as directors and officers is detrimental to the best interests of the Company’s stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 6 contracts
Sources: Indemnification Agreement (ProPetro Holding Corp.), Indemnification Agreement (ProPetro Holding Corp.), Indemnification Agreement (Federal Street Acquisition Corp.)
WHEREAS. the Board of Directors of the Company (the “Board”) has determined that the increased difficulty in attracting inability to attract and retaining retain such persons is detrimental to the best interests of the Company’s stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;; and
Appears in 6 contracts
Sources: Indemnification Agreement (Medistem Laboratories, Inc.), Indemnification Agreement (Medistem Laboratories, Inc.), Indemnification Agreement (Brownshire Holdings, Inc.)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s Company and its stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;.
Appears in 4 contracts
Sources: Indemnification Agreement (Better Home & Finance Holding Co), Employment Agreement (Aurora Acquisition Corp.), Indemnification Agreement (Aurora Acquisition Corp.)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons qualified individuals is detrimental to the best interests of the Company’s Company and its stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 4 contracts
Sources: Indemnification Agreement (Paratek Pharmaceuticals, Inc.), Indemnification Agreement (Tetralogic Pharmaceuticals Corp), Indemnification Agreement (Paratek Pharmaceuticals, Inc.)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders Company and its stockholders, and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 4 contracts
Sources: Indemnification Agreement (Sequoia Vaccines, Inc.), Indemnification Agreement (Forian Inc.), Indemnification Agreement (Immunome Inc.)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders investors and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 4 contracts
Sources: Indemnification Agreement (Isotis Inc), Indemnification Agreement (Peplin Inc), Indemnification Agreement (K12 Inc)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders and other stakeholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 4 contracts
Sources: Indemnification Agreement (Elastic N.V.), Indemnification Agreement (AVAST Software B.V.), Indemnification Agreement (Sensata Technologies Holding B.V.)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the CompanyCorporation’s stockholders shareholders and that the Company Corporation should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 4 contracts
Sources: Indemnification Agreement (Adven Inc.), Investment Agreement (KORE Group Holdings, Inc.), Indemnification Agreement (ARYA Sciences Acquisition Corp IV)
WHEREAS. the Board has determined that the increased difficulty in attracting an inability to attract and retaining retain such persons is detrimental to the best interests of the Company’s stockholders Company and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;,
Appears in 4 contracts
Sources: Indemnification Agreement (Auris Medical Holding Ltd.), Indemnification Agreement (Liberty Latin America Ltd.), Indemnification Agreement (Multi Packaging Solutions International LTD)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s 's stockholders and that the Company should act to assure such of those persons who in light of their position with the Company are at an increased risk, that there will be increased certainty of such protection in the future;
Appears in 3 contracts
Sources: Indemnification Agreement (CNS Response, Inc.), Indemnification Agreement (NeoStem, Inc.), Indemnification Agreement (NeoStem, Inc.)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders stakeholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 3 contracts
Sources: Indemnification Agreement (Global Crossing Airlines Group Inc.), Nomination Rights Agreement (Global Crossing Airlines Group Inc.), Securities Purchase Agreement (Global Crossing Airlines Group Inc.)
WHEREAS. the Board has Boards have determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the each Company’s stockholders and that the Company Companies should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 3 contracts
Sources: Indemnification Agreement (Lantheus Holdings, Inc.), Indemnification Agreement (Ollie's Bargain Outlet Holdings, Inc.), Indemnification Agreement (Ollie's Bargain Outlet Holdings, Inc.)
WHEREAS. the Board of Directors has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 3 contracts
Sources: Indemnification Agreement (Civitas Therapeutics, Inc.), Indemnification Agreement (Civitas Therapeutics, Inc.), Indemnification Agreement (Acco Brands Corp)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;;
Appears in 3 contracts
Sources: Indemnity Agreement (Baird Medical Investment Holdings LTD), Indemnity Agreement (Nu Ride Inc.), Indemnification & Liability (Future Health ESG Corp.)
WHEREAS. the Board of Directors of the Company (the “Board”) has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 3 contracts
Sources: Employment Agreement (Thermo Fisher Scientific Inc.), Indemnification Agreement (Orthovita Inc), Indemnification Agreement (Closure Medical Corp)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders shareholders of the Company and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 3 contracts
Sources: Indemnification Agreement (Baozun Inc.), Share Purchase Agreement (Visionchina Media Inc.), Share Purchase Agreement (Visionchina Media Inc.)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders Company and its stockholders, and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 2 contracts
Sources: Indemnification Agreement (System1, Inc.), Indemnification Agreement (System1, Inc.)
WHEREAS. the Board of Directors of the Company (the “Board”) has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders Company and its shareholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 2 contracts
Sources: Indemnification Agreement (Teekay Corp), Indemnification Agreement (Fortis Minerals, LLC)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 2 contracts
Sources: Indemnification Agreement (ION Acquisition Corp 2 Ltd.), Indemnification Agreement (ION Acquisition Corp 1 Ltd.)
WHEREAS. the Board of Directors of the Company (the “Board”) has determined that the increased any difficulty in attracting and retaining such persons qualified individuals due to a lack of adequate protection is detrimental to the best interests of the Company’s stockholders and that the Company should act to assure such persons individuals that there will be increased certainty of such protection in the future;
Appears in 2 contracts
Sources: Indemnification Agreement (Conexant Systems Inc), Indemnification Agreement (Corporate Executive Board Co)
WHEREAS. the Supervisory Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders and other stakeholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 2 contracts
Sources: Director Indemnification Agreement (Prosensa Holding N.V.), Director Indemnification Agreement (Prosensa Holding B.V.)
WHEREAS. the Board of each Company has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders of Parent and that the Company Companies should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 2 contracts
Sources: Indemnification Agreement (Horizon Lines, Inc.), Indemnification Agreement (Horizon Lines, Inc.)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders 's shareholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 2 contracts
Sources: Indemnification Agreement (Fortune Nickel & Gold Inc), Indemnification Agreement (Hunter Maritime Acquisition Corp.)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the CompanyCorporation’s stockholders and that the Company Corporation should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 2 contracts
Sources: Indemnity Agreement (Alpha Healthcare Acquisition Corp Iii), Indemnity Agreement (Amicus Therapeutics, Inc.)
WHEREAS. the Board of Directors has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders shareholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 2 contracts
Sources: Indemnification Agreement (Cellular Dynamics International, Inc.), Indemnification Agreement (Cellular Dynamics International, Inc.)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such qualified persons is detrimental to the best interests of the Company’s 's stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;; and
Appears in 2 contracts
Sources: Indemnification Agreement (First Aviation Services Inc), Director Indemnification Agreement (First Aviation Services Inc)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders and that the Company should act to assure such persons that there will be of increased certainty of such protection in the future;indemnification protections; and
Appears in 2 contracts
Sources: Indemnification Agreement (Ameriprise Financial Inc), Indemnification Agreement (Ameriprise Financial Inc)
WHEREAS. the Board has determined that the increased difficulty in attracting and and/or retaining such persons is detrimental to the best interests of the Company’s stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 2 contracts
Sources: Indemnification Agreement (Liposcience Inc), Indemnification Agreement (Liposcience Inc)
WHEREAS. the Board has determined that the increased difficulty in attracting an inability to attract and retaining retain such persons is detrimental to the best interests of the Company’s stockholders Group Companies and that the Company should act to assure such persons that there will be increased certainty of such reasonable protection in the future;
Appears in 2 contracts
Sources: Indemnification Agreement (Max Capital Group Ltd.), Indemnification Agreement (Max Capital Group Ltd.)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders 's stockholders, and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 2 contracts
Sources: Indemnification Agreement (AgileThought, Inc.), Indemnification & Liability (BTRS Holdings Inc.)
WHEREAS. the Board (as defined below) has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 2 contracts
Sources: Indemnification Agreement (International Money Express, Inc.), Indemnification Agreement (International Money Express, Inc.)
WHEREAS. the Board of Directors of the Company (the “Board”) has determined that the increased difficulty in attracting potential inability to attract and retaining retain such persons is detrimental to the best interests interest of the Company’s stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;; and
Appears in 2 contracts
Sources: Employment Agreement, Employment Agreement (Humana Inc)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company, its stockholders and those materially affected by the Company’s stockholders conduct and its public benefit and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 2 contracts
Sources: Indemnification Agreement (Warby Parker Inc.), Indemnification Agreement (Warby Parker Inc.)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;future; US-DOCS\127251117.4
Appears in 2 contracts
Sources: Indemnity Agreement (VMG Consumer Acquisition Corp.), Indemnification Agreement (VMG Consumer Acquisition Corp.)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the CompanyCorporation’s stockholders and that the Company Corporation should act to assure such persons that there will be increased certainty of such protection in the future;.
Appears in 2 contracts
Sources: Indemnity Agreement (Acxiom Corp), Indemnity Agreement (Acxiom Corp)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons directors is detrimental to the best interests of the Company’s stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 2 contracts
Sources: Indemnification Agreement (SPS Commerce Inc), Indemnification Agreement (SPS Commerce Inc)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders and that the Company should act to assure such persons that there thise will be increased certainty of such protection in the future;
Appears in 2 contracts
Sources: Officer Retainer Agreement (Kronos Advanced Technologies Inc), Officer Retainer Agreement (Kronos Advanced Technologies Inc)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders Company and its Shareholders (as defined in the Third ARLLCA) and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;.
Appears in 2 contracts
Sources: Indemnification Agreement (Phoenix Energy One, LLC), Indemnification Agreement (Phoenix Energy One, LLC)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons persons, including in respect of the U.S. Listing, is detrimental to the best interests of the Company’s stockholders Company and its shareholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 2 contracts
Sources: Indemnification Agreement (IDEX Biometrics ASA), Indemnification Agreement
WHEREAS. the Board of the Company has determined that the increased difficulty in attracting and retaining such qualified persons is detrimental to the best interests of the Company’s Company and its stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection the protections described above now and in the future;
Appears in 2 contracts
Sources: Indemnification Agreement (Fresh Tracks Therapeutics, Inc.), Indemnification Agreement (Brickell Biotech, Inc.)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders Company and its members and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 2 contracts
Sources: Indemnification Agreement (Tesoro Logistics Lp), Indemnification Agreement (QEP Midstream Partners, LP)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders shareholders and that the Company should act try to assure such persons that there will be increased certainty of such protection in the futureprovide enhanced protections to attract suitably-qualified individuals to fill director and officer roles;
Appears in 2 contracts
Sources: Indemnification Agreement (ALSP Orchid Acquisition Corp I), Indemnity Agreement (ALSP Orchid Acquisition Corp I)
WHEREAS. the Board of Directors of the Company (the “Board”) has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;; and
Appears in 2 contracts
Sources: Indemnification Agreement (Pantry Inc), Indemnification Agreement (Houston Exploration Co)
WHEREAS. the Board of Directors has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s Company and its stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 1 contract
Sources: Indemnification Agreement (Marker Therapeutics, Inc.)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;. NY:1810434.1
Appears in 1 contract
Sources: Indemnity Agreement (Global Eagle Entertainment Inc.)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s Company and its stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;; [●] Indemnification Agreement
Appears in 1 contract
Sources: Indemnification Agreement (Northern Star Acquisition Corp.)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;future;
Appears in 1 contract
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons directors and officers is detrimental to the best interests of the Company’s 's stockholders and that the Company should act to assure such persons that there will be increased certainty of protection of such protection persons against monetary liability for their actions as directors and officers in the future;
Appears in 1 contract
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders shareholders and other stakeholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 1 contract
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons persons, especially in the context of the eventual sale of the Company, is detrimental to the best interests of the Company’s stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;.
Appears in 1 contract
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company and its Subsidiaries and the Company’s stockholders stockholders, and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 1 contract
Sources: Indemnification Agreement (Advanced Energy Industries Inc)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;. Solazyme, Inc. 1 Indemnification Agreement
Appears in 1 contract
WHEREAS. the Board of Directors of the Corporation (the “Board”) has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the CompanyCorporation’s stockholders and that the Company Corporation should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 1 contract
Sources: Indemnification Agreement (Smile Brands Group Inc.)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders 's investors and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;; and
Appears in 1 contract
Sources: Indemnification Agreement (Skilled Healthcare Group, Inc.)
WHEREAS. the 1the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;.
Appears in 1 contract
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s Company and its stockholders and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;; US-DOCS\121117508.5 v.2
Appears in 1 contract
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons Persons is detrimental to the best interests of the Company’s Company and its stockholders and that the Company should act to assure such persons Persons that there will be increased certainty of such protection in the future;
Appears in 1 contract
Sources: Indemnification Agreement (Brilliant Earth Group, Inc.)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders and that the Company should act to assure such persons that there will be increased certainty of such reasonable protection in the future;.
Appears in 1 contract
Sources: Indemnification Agreement (Rf Monolithics Inc /De/)
WHEREAS. the Board (as hereinafter defined) has determined that the increased difficulty in attracting an inability to attract and retaining retain such persons is detrimental to the best interests of the Company’s stockholders Company and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 1 contract
Sources: Deed of Indemnification (Weatherford International LTD)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s Corporation's stockholders and that the Company Corporation should act to assure such persons that there will be increased certainty of such protection in the future;; and
Appears in 1 contract
Sources: Indemnification Agreement (American Management Systems Inc)
WHEREAS. the Board has determined that the increased difficulty in attracting and retaining such persons is detrimental to the best interests of the Company’s stockholders members and that the Company should act to assure such persons that there will be increased certainty of such protection in the future;
Appears in 1 contract
Sources: Indemnification Agreement (Century Therapeutics, Inc.)