Indemnifiable Matter. Any event, occurrence, status, or condition that takes place either prior to or after the execution of this Agreement, including any inquiry, examination, audit, investigation, review or inspection, or any threatened, pending, or completed action, suit, proceeding, or alternative dispute resolution activity, whether brought by or in the right of the Corporation or otherwise and whether of a civil, criminal, administrative, or
... investigative nature, in which Indemnitee was, is, or believes might be involved as a party, witness, or otherwise, related to or arising out of, in whole or in part, (i) any act, failure to act, statement, omission, transaction, fact, circumstance, or event related to or connected with Indemnitee's association with, on behalf of, or by the Corporation, including association in connection with Indemnitee's being an investor or having a financial interest, directly or indirectly, in the Corporation, (ii) the fact that Indemnitee is or was a director of the Corporation, (iii) Indemnitee's actual or alleged participation in the management or direction of the Corporation as a director or in any other capacity, (iv) Indemnitee's actual or alleged performance of services for, or acting in any capacity with respect to the Corporation, including the provision of services, advice, or other assistance of any kind to the Corporation whether or not construed to be legal assistance or advice, (v) any matter covered or encompassed by the Goldstein Firm Indemnification, and (vi) Indemnitee being a person described in Section 15 of the Securities Act of 1933 or Section 20 of the Securities Exchange Act of 1934, even though Indemnitee may have 2 ceased to be associated with the Corporation in any capacity, save and except only any matters for which indemnification is actually provided under the Director Indemnification or under the Articles, the Corporation's bylaws, any policy or policies of directors' and officers' liability insurance, any other agreement, any vote of stockholders or disinterested directors, and any applicable and controlling law, statute, rule, decision, or finding, at common law or otherwise, under any theory or form, at law or in equity.
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Indemnifiable Matter. Any event, occurrence, status, or condition that takes place either prior to or after the execution of this Agreement, including any threatened, pending, or completed action, suit, proceeding or alternative dispute resolution activity, whether brought by or in the right of the Corporation or otherwise and whether of a civil, criminal, administrative, or investigative nature, in which Indemnitee was, is, or believes might be involved as a party, witness, or otherwise (except any of
... the foregoing initiated by Indemnitee pursuant to section 17(a) to enforce Indemnitee's rights under this Agreement), by reason of the fact, in whole or in part, that Indemnitee is or was actually or allegedly a director, officer, agent, or advisor of the Corporation; by reason of any action actually or allegedly taken by him or of any inaction or omission on his part while acting as a director, officer, agent, or advisor of the Corporation; by reason of the registration, offer, sale, purchase, or ownership of any securities of the Corporation; by reason of any duty owed to, respecting, or in connection with the Corporation; or by reason of the fact, in whole or in part, that he is or was actually or allegedly serving at the request of the Corporation as a director, officer, employee, agent, or advisor of another corporation, partnership, joint venture, trust, limited liability company, or other entity or enterprise, in each case whether or not he is acting or serving in any such capacity at the time any loss, liability, or expense is incurred for which indemnification or reimbursement can be provided under this Agreement and even though Indemnitee may have ceased to serve in such capacity.
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