Final Adverse Determination

Example Definitions of "Final Adverse Determination"
Final Adverse Determination. Shall mean that a determination that Indemnitee is not entitled to indemnification shall have been made pursuant to Section 5 hereof and either (1) a final adjudication in the Court of Chancery of the State of Delaware or decision of an arbitrator pursuant to Section 8(a) hereof shall have denied Indemnitee's right to indemnification hereunder, or (2) Indemnitee shall have failed to file a complaint in a Delaware court or seek an arbitrator's award pursuant to Section 8(a) for a period of one... hundred twenty (120) days after the determination made pursuant to Section 5 hereof. View More Arrow
Found in ATHEROS COMMUNICATIONS INC contract
View All 14 Variations
Final Adverse Determination. Shall mean that a determination that Indemnitee is not entitled to indemnification shall have been made pursuant to Section 5 hereof and either (1) a final adjudication in the Court of Chancery courts of the State of Delaware from which there is no further right of appeal or decision of an arbitrator pursuant to Section 8(a) hereof shall have denied Indemnitee's right to indemnification hereunder, or (2) Indemnitee shall have failed to file a complaint in a Delaware court or seek an... arbitrator's award pursuant to Section 8(a) for a period of one hundred twenty (120) days after the determination made pursuant to Section 5 hereof. View More Arrow
Found in CAFEPRESS INC. contract
Final Adverse Determination. Shall mean that a determination that Indemnitee is not entitled to indemnification shall have been made pursuant to Section 5 hereof and either (1) a final adjudication in the Court of Chancery of the State of Delaware from which there is no further right of appeal or decision of an arbitrator pursuant to Section 8(a) hereof shall have denied Indemnitee's right to indemnification hereunder, or (2) Indemnitee shall have failed to file a complaint in a Delaware court or seek an arbitrator's award... pursuant to Section 8(a) for a period of one hundred twenty (120) days after the determination made pursuant to Section 5 hereof. View More Arrow
Found in MERU NETWORKS INC contract
Final Adverse Determination. Shall mean that a determination that Indemnitee is not entitled to indemnification shall have been made pursuant to Section 5 hereof and either (1) a final adjudication in the Court of Chancery courts of the State of Delaware from which there is no further right of appeal or decision of an arbitrator pursuant to Section 8(a) hereof shall have denied Indemnitee's right to indemnification hereunder, or (2) Indemnitee shall have failed to file a complaint in a Delaware court or seek an... arbitrator's award pursuant to Section 8(a) for a period of one hundred twenty (120) days after the determination made pursuant to Section 5 hereof. View More Arrow
Found in ENVIVIO INC contract
View Variations (14) Arrow
Final Adverse Determination. Shall mean that a determination that Indemnitee is not entitled to indemnification shall have been made pursuant to Section 6 hereof and either (i) a final adjudication in a court of competent jurisdiction pursuant to Section 8(a) hereof shall have denied Indemnitee's right to indemnification hereunder, or (ii) Indemnitee shall have failed to file a complaint in a court of competent jurisdiction pursuant to Section 8(a) for a period of one hundred twenty (120) days after the determination made... pursuant to Section 6 hereof. View More Arrow
Found in CESCA THERAPEUTICS INC. contract
Final Adverse Determination. Shall mean that a determination that Indemnitee is not entitled to indemnification shall have been made pursuant to Section 6 5 hereof and either (i) (1) a final adjudication in a court the courts of competent jurisdiction the State of Delaware from which there is no further right of appeal or decision of an arbitrator pursuant to Section 8(a) hereof shall have denied Indemnitee's right to indemnification hereunder, or (ii) (2) Indemnitee shall have failed to file a complaint in a Delaware... court of competent jurisdiction or seek an arbitrator's award pursuant to Section 8(a) for a period of one hundred twenty (120) days after the determination made pursuant to Section 6 5 hereof. View More Arrow
Found in SITIME Corp contract
Final Adverse Determination. Shall mean that a A determination that Indemnitee is not entitled to indemnification shall have been made pursuant to Section 6 7 hereof and either (i) a final adjudication in a court of competent jurisdiction pursuant to Section 8(a) 9.1 hereof shall have denied Indemnitee's right to indemnification hereunder, or (ii) Indemnitee shall have failed to file a complaint in a court of competent jurisdiction pursuant to Section 8(a) 9.1 for a period of one hundred twenty (120) days after the... determination made pursuant to Section 6 hereof. 7 hereof View More Arrow
Found in Flux Power Holdings, Inc. contract
Final Adverse Determination. Shall mean that a determination that Indemnitee is not entitled to indemnification shall have been made pursuant to Section 6 7 hereof and either (i) a final adjudication in a court of competent jurisdiction pursuant to Section 8(a) 9.1 hereof shall have denied Indemnitee's right to indemnification hereunder, or (ii) Indemnitee shall have failed to file a complaint in a court of competent jurisdiction pursuant to Section 8(a) 9.1 for a period of one hundred twenty (120) days after the... determination made pursuant to Section 6 7 hereof. 5 17.4 View More Arrow
Found in Marwynn Holdings, Inc. contract
View Variations (3) Arrow
Final Adverse Determination. Shall mean that a determination that Director is not entitled to indemnification shall have been made pursuant to Section 5 hereof and either (i) a final adjudication in a Delaware court or decision of an arbitrator pursuant to Section 13(a) hereof shall have denied Director's right to indemnification hereunder, or (ii) Director shall have failed to file a complaint in a Delaware court or seek an arbitrator's award pursuant to Section 13(a) for a period of one hundred twenty (120) days after... the determination made pursuant to Section 5 hereof. View More Arrow
Found in ENDOCARE INC contract
Final Adverse Determination. Shall mean that a determination that Director is not entitled to indemnification shall have been made pursuant to Section 5 hereof and either (i) a final adjudication in a Delaware Maryland court or decision of an arbitrator pursuant to Section 13(a) hereof shall have denied Director's right to indemnification hereunder, or (ii) Director shall have failed to file a complaint in a Delaware Maryland court or seek an and arbitrator's award pursuant to Section 13(a) for a period of one hundred... twenty (120) days after the determination made pursuant to Section 5 hereof. View More Arrow
Found in WHITE HOUSE INC contract
View Variation Arrow
Final Adverse Determination. Shall mean that a determination that Officer is not entitled to indemnification shall have been made pursuant to Section 5 hereof and either (i) a final adjudication in a Delaware court or decision of an arbitrator pursuant to Section 13(a) hereof shall have denied Officer's right to indemnification hereunder, or (ii) Officer shall have failed to file a complaint in a Delaware court or seek an arbitrator's award pursuant to Section 13(a) for a period of one hundred twenty (120) days after the... determination made pursuant to Section 5 hereof. View More Arrow
Found in ENDOCARE INC contract
Final Adverse Determination. Shall mean that a determination that Officer is not entitled to indemnification shall have been made pursuant to Section 5 hereof and either (i) a final adjudication in a Delaware Maryland court or decision of an arbitrator pursuant to Section 13(a) hereof shall have denied Officer's right to indemnification hereunder, or (ii) Officer shall have failed to file a complaint in a Delaware Maryland court or seek an arbitrator's award pursuant to Section 13(a) for a period of one hundred twenty... (120) days after the determination made pursuant to Section 5 hereof. View More Arrow
Found in WHITE HOUSE INC contract
View Variation Arrow
Final Adverse Determination. Shall mean that a determination that an Indemnified Party is not entitled to indemnification shall have been made pursuant to Section 8 hereof and either (i) a final adjudication in a Delaware court pursuant to Section 11(a) above shall have denied the Indemnified Party's right to indemnification hereunder, or (ii) the Indemnified Party shall have failed to file a complaint in a Delaware court pursuant to Section 11(a) above for a period of one hundred twenty (120) days after the determination... made pursuant to Section 8 above. View More Arrow
Found in XCEL PHARMACEUTICALS INC contract
Final Adverse Determination. A determination that Indemnitee is not entitled to indemnification pursuant to Section 5 of this Agreement and either (i) a final, nonappealable adjudication in an Iowa court or decision of an arbitrator pursuant to Section 8(a) of this Agreement shall have denied the right of Indemnitee to indemnification under this Agreement or (ii) Indemnitee shall have failed to file a complaint in an Iowa court or seek an arbitration award pursuant to Section 8(a) hereof within 120 days after the... determination made pursuant to Section 5 hereof. View More Arrow
Found in HNI Corporation contract
All Definitions