Exculpation Provisions definition

Exculpation Provisions is defined in Section 309(b).
Sample 1

Examples of Exculpation Provisions in a sentence

  • The Disclosure Statement Provides Sufficient Notice of Injunction, Release, and Exculpation Provisions in the Plan.

  • The Exculpation Provisions of this Lease may not be interpreted or construed as an attempt by County to be relieved of liability arising out of a non-delegable duty on the part of County.

  • The purpose of the Notice of Balance Due (NPA final bill) is to inform the entity that the assessment is final and due and payable within 15 days from the notice date.A missing year NPA may, under certain circumstances, be issued when an entity fails to file a tax return.

  • The provisions of this Section 13.2 shall survive the expiration or earlier termination of this Lease until all claims within the scope of the Exculpation Provisions are fully, finally, and absolutely barred by the applicable statutes of limitations.

  • In particular, KT has established a comprehensive re- sponse system covering the terminal, network, and even servers through the first IT / Network Integrated Cyber Security Center in South Korea and is responding to diverse security threats 24 hours a day, 365 days a year.

  • Some analytical data of the studied soil are given in Table 1.TABLE 1.

  • Law Section Legal Opinions Comm., Statement on Legal Opin- ions Regarding Indemnification and Exculpation Provisions Under Texas Law, 41 TEX.

  • Importantly, there are no objections to confirmation regarding the Exculpation Provisions.

  • Thus, the Exculpation Provisions are narrowly tailored to meet the needs of the Estates: it is limited to those parties who served a valuable and necessary role in the chapter 11 cases, does not release prepetition Claims, and excludes acts of actual fraud, willful misconduct, and gross negligence.

  • The Exculpation Provisions DJS next argues that the bankruptcy court erred because the Plan contains overly broad exculpation provisions.9 The exculpation provisions relevant to this appeal are set forth in articles 6.9 and 6.11 of the Trust Agreement.10Article 6.9 releases the Estate Representative from personal liability and provides that he will be indemnified for claims of fraud, breach of fiduciary duty, gross negligence or willful misconduct.11 ER 79.

Related to Exculpation Provisions

  • Indemnification Provisions means each of the Debtors’ indemnification provisions currently in place whether in the Debtors’ bylaws, certificates of incorporation, other formation documents, board resolutions, or contracts for the current and former directors, officers, managers, employees, attorneys, other professionals, and agents of the Debtors and such current and former directors’, officers’, and managers’ respective Affiliates.

  • Exculpation means the exculpation provision set forth in Article X.E hereof.

  • Subordination Provisions has the meaning specified in Section 8.01(l).

  • Indemnification Agreements has the meaning set forth in Section 2.5.

  • Limitation of Liability Insert the following Section 15, after Section 14:

  • Arrangement Provisions means Part 9, Division 5 of the BCBCA;

  • Indemnification Obligations means each of the Debtors’ indemnification obligations in place as of the Effective Date, whether in the bylaws, certificates of incorporation or formation, limited liability company agreements, other organizational or formation documents, board resolutions, management or indemnification agreements, or employment or other contracts, for their current and former directors, officers, managers, employees, attorneys, accountants, investment bankers, and other professionals and agents of the Debtors, as applicable.

  • statutory provision means a provision of an Act or of an instrument made under an Act.

  • Indemnification Agreement shall have the meaning set forth in Article XVII.

  • REIT Provisions of the Code means Sections 856 through 860 of the Code and any successor or other provisions of the Code relating to real estate investment trusts (including provisions as to the attribution of ownership of beneficial interests therein) and the regulations promulgated thereunder.

  • Indemnity, Subrogation and Contribution Agreement means the Indemnity, Subrogation and Contribution Agreement among Xxxxx 0, the Borrower, the Subsidiary Loan Parties and the Collateral Agent, substantially in the form of Exhibit C-3.

  • Indemnification Obligation means any existing or future obligation of any Debtor to indemnify current and former directors, officers, members, managers, agents or employees of any of the Debtors who served in such capacity, with respect to or based upon such service or any act or omission taken or not taken in any of such capacities, or for or on behalf of any Debtor, whether pursuant to agreement, the Debtors’ respective memoranda, articles or certificates of incorporation or formation, corporate charters, bylaws, operating agreements, limited liability company agreements, or similar corporate or organizational documents or other applicable contract or law in effect as of the Effective Date, excluding any obligation to indemnify any of the foregoing parties with respect to any act or omission for or on behalf of the Debtors arising out of any act or omission determined by a Final Order to constitute actual fraud, willful misconduct, or gross negligence.

  • former provisions means the provisions of the Petroleum Act 1936 which, by force of section 134 of the Petroleum Act are deemed to subsist and enure in their application to or in relation to the Xxxxxx Island Lease;

  • Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.

  • Confidentiality Agreements has the meaning set forth in Section 5(d).

  • Standard Provisions mean these Standard Provisions that form a part of the Certificate of Designations relating to the Designated Preferred Stock.

  • Communications Provisions means the Communications Provisions in [Part 10, Chapter 4] of the General Regulations.

  • Indemnification Cap has the meaning set forth in Section 9.4(a).

  • Indemnification Event means any event, action, proceeding or claim for which a Person is entitled to indemnification under this Agreement.

  • General Provisions means those portions of the Subscription Agreement headed “General Provisions” and contained on pages 7 to 12;

  • Indemnification Claim Notice has the meaning set forth in Section 11.3.

  • Indemnification Claim has the meaning set forth in Section 12.3.

  • Indemnity Agreement means that certain Indemnity Agreement dated as of the Closing Date by Borrower and Indemnitor in favor of Lender.

  • Surviving Provisions has the meaning specified in Section 10.02.

  • Blanket Issuer Letter of Representations means the Blanket Issuer Letter of Representations between the City, the Registrar and DTC.

  • Indemnification Period means the period of time during which Indemnitee shall continue to serve as a director or as an officer of the Corporation, and thereafter so long as Indemnitee shall be subject to any possible Proceeding arising out of acts or omissions of Indemnitee as a director or as an officer of the Corporation.