Exception to Right of Indemnification or Advancement of Expenses. Notwithstanding any other provision of this Agreement, but subject to Section 10, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding brought by Indemnitee, or any claim therein, unless the bringing of such Proceeding or making of such claim shall have been approved by the Board of Directors.
Appears in 9 contracts
Samples: Indemnification Agreement (Apollo Gold Corp), Indemnification Agreement (Intertan Inc), Indemnification Agreement (Intertan Inc)
Exception to Right of Indemnification or Advancement of Expenses. Notwithstanding any other provision of this Agreement, but subject to Section 10, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding brought by IndemniteeProceeding, or any claim claim, issue or matter therein, unless brought or made by him against the bringing Corporation, except as may be provided in Section 9(e) of such Proceeding or making of such claim shall have been approved by the Board of Directorsthis Agreement.
Appears in 7 contracts
Samples: Indemnification Agreement (Rohn Industries Inc), Exhibit 2 Indemnification Agreement (Pacific Scientific Co), Indemnification Agreement (Rohn Industries Inc)
Exception to Right of Indemnification or Advancement of Expenses. Notwithstanding any other provision of this Agreement, but subject to Section 10, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding brought by Indemnitee, or any claim therein, unless the bringing of such Proceeding or making of such claim shall have been approved by the Board of DirectorsBoard.
Appears in 6 contracts
Samples: Indemnification Agreement (Sterling Check Corp.), Indemnification Agreement (International Money Express, Inc.), Indemnification Agreement (International Money Express, Inc.)
Exception to Right of Indemnification or Advancement of Expenses. Notwithstanding any other provision of this Agreement, but subject to Section 10, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding brought by Indemnitee, or any claim therein, unless the bringing of such Proceeding or making of such claim shall have been approved by the Board of DirectorsBoard.
Appears in 5 contracts
Samples: Agreement (Argentex Mining Corp), Agreement (Argentex Mining Corp), Indemnification Agreement (Argentex Mining Corp)
Exception to Right of Indemnification or Advancement of Expenses. Notwithstanding any other provision of this Agreement, but subject to Section 1010(d) hereof, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding brought by Indemnitee, or any claim therein, unless the bringing of such Proceeding or making of such claim shall have been approved by the Board of Directors.
Appears in 5 contracts
Samples: Form of Indemnification Agreement for Directors and Officers (Hormel Foods Corp /De/), Agreement (Pantry Inc), Indemnification Agreement (Td Ameritrade Holding Corp)
Exception to Right of Indemnification or Advancement of Expenses. Notwithstanding any other provision Except as provided in Section 6(a) of this Agreement, but subject to Section 10, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding brought by IndemniteeIndemnitee (other than a Proceeding by Indemnitee to enforce 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 of Directors.
Appears in 5 contracts
Samples: Indemnification Agreement (Grand Union Co /De/), 1 Agreement (Grand Union Co /De/), Indemnification Agreement (Grand Union Co /De/)
Exception to Right of Indemnification or Advancement of Expenses. Notwithstanding any other provision of this Agreement, but subject to Section 10, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding brought by Indemnitee, or any claim therein, unless the bringing of such Proceeding or making of such claim shall have been approved by the Board of DirectorsBoard.
Appears in 4 contracts
Samples: Consulting Agreement (Argentex Mining Corp), Independent Contractor Agreement (Argentex Mining Corp), Indemnification Agreement (Bombay Company Inc)
Exception to Right of Indemnification or Advancement of Expenses. Notwithstanding any other provision of this Agreement, but subject to except as otherwise provided in Section 10, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding brought by IndemniteeProceeding, or any claim therein, unless brought or made by him or her against the bringing Company without the prior written consent of such Proceeding or making of such claim shall have been approved by the Board of DirectorsCompany.
Appears in 4 contracts
Samples: ’s Wholesale (BJ's Wholesale Club Holdings, Inc.), ’s Wholesale (BJ's Wholesale Club Holdings, Inc.), ’s Wholesale (BJ's Wholesale Club Holdings, Inc.)
Exception to Right of Indemnification or Advancement of Expenses. Notwithstanding any other provision of this Agreement, but subject to Section 10, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding brought by IndemniteeProceeding, or any claim therein, unless brought or made by him or her against the bringing Corporation, except as otherwise provided for in Section 11 of such Proceeding or making of such claim shall have been approved by the Board of Directorsthis Agreement.
Appears in 3 contracts
Samples: Indemnification Agreement (Great Basin Scientific, Inc.), Indemnification Agreement (Helios & Matheson Analytics Inc.), Indemnification Agreement (Helios & Matheson Analytics Inc.)
Exception to Right of Indemnification or Advancement of Expenses. Notwithstanding any other provision of this Agreement, but subject to Section 10, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding brought by Indemnitee, or any claim therein, unless the bringing of such Proceeding or making of such claim shall have been approved by the Board of Directors.
Appears in 3 contracts
Samples: Indemnification Agreement (Educate Inc), Indemnification Agreement (Realty Income Corp), Indemnification Agreement (Realty Income Corp)
Exception to Right of Indemnification or Advancement of Expenses. Notwithstanding any other provision of this Agreement, but subject to Section 10, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding brought by Indemnitee, or any claim therein, unless the bringing of such Proceeding or making of such claim shall have been approved by the Board of DirectorsDirectors of the Company and/or the Subsidiaries against whom such claim shall have been brought or made.
Appears in 3 contracts
Samples: Indemnification Agreement (Apollo Gold Corp), Indemnification Agreement (Apollo Gold Corp), Indemnification Agreement (Apollo Gold Corp)
Exception to Right of Indemnification or Advancement of Expenses. Notwithstanding any other provision of this Agreement, but subject to Section 10hereof, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding brought by Indemnitee, Indemnitee 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 of DirectorsBoard.
Appears in 2 contracts
Samples: Indemnification Agreement (Synergy Resources Corp), Form of Indemnification Agreement (Synthesis Energy Systems Inc)
Exception to Right of Indemnification or Advancement of Expenses. Notwithstanding any other provision of this Agreement, but subject to Section 10, Indemnitee shall not be entitled to indemnification or advancement advance of Expenses under this Agreement with respect to any Proceeding brought by Indemnitee, or any claim therein, unless the bringing of such Proceeding or making of such claim shall have been approved by the Board of Directors.
Appears in 2 contracts
Samples: Indemnification Agreement (Burnham Pacific Properties Inc), Indemnification Agreement (Burnham Pacific Properties Inc)
Exception to Right of Indemnification or Advancement of Expenses. Notwithstanding any other provision of this Agreement, but subject to Section 10, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding brought by IndemniteeProceeding, or any claim claim, issue or matter therein, unless brought or made by Indemnitee against the bringing Corporation, except as may be provided in Section 9(e) of such Proceeding or making of such claim shall have been approved by the Board of Directorsthis Agreement.
Appears in 2 contracts
Samples: Indemnification Agreement (Maxworldwide Inc), Form of Indemnification Agreement (Peerless Systems Corp)
Exception to Right of Indemnification or Advancement of Expenses. Notwithstanding any other provision of this Agreement, but subject to Section 1010(d) hereof, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding brought by Indemnitee, or 9 10 any claim therein, unless the bringing of such Proceeding or making of such claim shall have been approved by the Board of Directors.
Appears in 1 contract
Samples: Form of Indemnification Agreement (American Management Systems Inc)
Exception to Right of Indemnification or Advancement of Expenses. Notwithstanding any other provision of this Agreement, but subject to Section 10, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding brought by IndemniteeProceeding, or any claim thereinclaim, unless issue or matter therein brought or made by Indemnitee against the bringing Corporation, except as may be provided in Section 9(e) of such Proceeding or making of such claim shall have been approved by the Board of Directorsthis Agreement.
Appears in 1 contract
Exception to Right of Indemnification or Advancement of Expenses. Notwithstanding any other provision of this Agreement, but subject to Section 1010(d) hereof, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding brought by Indemnitee, or any claim therein, unless the bringing of such Proceeding or making of such claim shall have been approved by the Board of DirectorsBoard.
Appears in 1 contract
Samples: Indemnification Agreement (Interpacket Networks Inc)
Exception to Right of Indemnification or Advancement of Expenses. Notwithstanding any other provision of this Agreement, but subject to Section 10, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding brought by IndemniteeProceeding, or any claim claim, issue or matter therein, unless brought or made by him against the bringing of such Fund, except as provided in Section 10(e) and except in connection with an affirmative defense and/or a mandatory cross-claim made in an action or Proceeding brought against him or making of such claim shall have been approved by the Board of Directorsher.
Appears in 1 contract
Samples: Indemnification Agreement (Investors Research Fund Inc)
Exception to Right of Indemnification or Advancement of Expenses. Notwithstanding any other provision of this Agreement, but subject to Section 1011(d), Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding brought by Indemnitee, or any claim therein, unless the bringing of such Proceeding or making of such claim shall have been approved by the Board of DirectorsBoard.
Appears in 1 contract
Samples: Form of Indemnification Agreement (Renaissance Cosmetics Inc /De/)
Exception to Right of Indemnification or Advancement of Expenses. Notwithstanding any other provision of this Agreement, but subject to Section 10, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding brought by IndemniteeProceeding, or any claim claim, issue or matter therein, unless brought or made by him or her against the bringing Corporation, except as otherwise provided for in Section 11 of such Proceeding or making of such claim shall have been approved by the Board of Directorsthis Agreement.
Appears in 1 contract
Samples: Indemnification Agreement (Helios & Matheson Analytics Inc.)
Exception to Right of Indemnification or Advancement of Expenses. Notwithstanding any other provision provi sion of this Agreement, but subject to Section 10, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding brought by IndemniteeProceeding, or any claim claim, issue or matter therein, unless brought or made by Indemnitee against the bringing Corporation, except as may be provided in Section 9(e) of such Proceeding or making of such claim shall have been approved by the Board of Directorsthis Agreement.
Appears in 1 contract
Samples: Indemnification Agreement (L90 Inc)
Exception to Right of Indemnification or Advancement of Expenses. Notwithstanding any other provision of this Agreement, but subject to Section 10, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding brought by IndemniteeProceeding, or any claim claim, issue, or matter therein, unless brought or made by him against the bringing Corporation, except as may be provided in Section 9(e) of such Proceeding or making of such claim shall have been approved by the Board of Directorsthis Agreement.
Appears in 1 contract
Samples: Indemnification Agreement (Ophthalmic Imaging Systems Inc)
Exception to Right of Indemnification or Advancement of Expenses. Notwithstanding any other provision of this Agreement, but subject to Section 10, Indemnitee shall not be entitled to indemnification or advancement of Expenses under this Agreement with respect to any Proceeding brought by Indemnitee, or any claim thereintherein prior to a Change of Control, unless the bringing of such Proceeding or making of such claim shall have been approved by the Board of DirectorsBoard.
Appears in 1 contract
Exception to Right of Indemnification or Advancement of Expenses. Notwithstanding any other provision of this Agreement, but subject to Section 10, Indemnitee shall not be entitled to indemnification or advancement advance of Expenses under this Agreement with respect to any Proceeding brought by Indemnitee, or any claim thereinIndemnitee (other than a proceeding under Section 10(a) of the Agreement), unless the bringing of such Proceeding or making of such claim shall have been approved by the Board of Directors.
Appears in 1 contract
Exception to Right of Indemnification or Advancement of Expenses. (a) Notwithstanding any other provision of this Agreement, but subject to Section 10, Indemnitee shall not be entitled to indemnification or advancement advance of Expenses under this Agreement with respect to any Proceeding proceeding brought by Indemnitee, or any claim therein, unless the bringing of such Proceeding proceeding or making of such claim (i) is pursuant to Section 10 hereof or (ii) shall have been approved by a vote of the Board of DirectorsTrustees as required by the Company's Bylaws.
Appears in 1 contract
Samples: Form of Indemnification Agreement (Lindner Investments)
