Exception to Right of Indemnification or Advancement of Expenses. Except as provided in Section 6(a) of this Agreement, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding brought by Indemnitee (other than a Proceeding by Indemnitee to enforce her rights under this Agreement), or any claim therein, unless the bringing of such Proceeding or making of such claim shall have been approved by the Board.
Appears in 2 contracts
Samples: Indemnification Agreement (EyePoint Pharmaceuticals, Inc.), Indemnification Agreement (pSivida Corp.)
Exception to Right of Indemnification or Advancement of Expenses. Except as provided in Section 6(a) of this Agreement, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding brought by Indemnitee (other than a Proceeding by Indemnitee to enforce her his rights under this Agreement), or any claim therein, unless the bringing of such Proceeding or making of such claim shall have been approved by the BoardBoard of Directors or is otherwise required under Section 145 of the Delaware General Corporation Law, regardless of whether such Indemnitee ultimately is determined to be entitled to such indemnification, advance expense payment or insurance recovery, as the case may be.
Appears in 2 contracts
Samples: Indemnification Agreement (Concert Pharmaceuticals, Inc.), Indemnification Agreement (Sirtris Pharmaceuticals, Inc.)
Exception to Right of Indemnification or Advancement of Expenses. Except as provided in Section 6(a) of this Agreement, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding brought by Indemnitee (other than a Proceeding by Indemnitee to enforce her his rights under this Agreement), or any claim thereintherein prior to a Change in Control, unless the bringing of such Proceeding or making of such claim shall have been approved by the Board.
Appears in 2 contracts
Samples: Indemnification Agreement (Avatex Corp), Indemnification Agreement (Avatex Corp)
Exception to Right of Indemnification or Advancement of Expenses. Except as provided in Section 6(a7(a) of this Agreement, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding brought by Indemnitee (other than a Proceeding by Indemnitee to enforce her his rights under this Agreement), or any claim therein, unless the bringing of such Proceeding or making of such claim shall have been approved by the BoardBoard of Directors.
Appears in 1 contract
Samples: Indemnification Agreement (Salient Surgical Technologies, Inc.)
Exception to Right of Indemnification or Advancement of Expenses. Except as provided in Section 6(a) of this Agreement, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding brought by Indemnitee (other than a Proceeding proceeding by Indemnitee to enforce her his rights under this Agreement), or any claim thereintherein prior to a Change in Control, unless the bringing of such Proceeding or making of such claim shall have been approved by the BoardBoard of Directors. 15.
Appears in 1 contract
Samples: Exhibit D Indemnification Agreement (Geoworks /Ca/)
Exception to Right of Indemnification or Advancement of Expenses. Except as provided in Section 6(a) of this Agreement, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding brought by Indemnitee (other than a Proceeding by Indemnitee to enforce her [his][her] rights under this Agreement), or any claim therein, unless the bringing of such Proceeding or making of such claim shall have been approved by the Board.
Appears in 1 contract
Samples: Agreement (pSivida Corp.)