Proceeding Definition Example with 367 Variations

This page contains an example definition of Proceeding, followed by definitions with minor variations. You can view the differences between the example and variations by selecting the "Show Differences" option.
Proceeding. Shall include any threatened, pending or completed action, suit, arbitration, alternate dispute resolution mechanism, investigation, inquiry, administrative hearing or any other actual, threatened or completed proceeding, whether brought in the right of the Company or otherwise and whether of a civil, criminal, administrative or investigative nature, in which Indemnitee was, is or will be involved as a party or otherwise by reason of the fact that Indemnitee is or was a director or officer of... the Company, by reason of any action taken by him or of any action on his part while acting as director or officer of the Company, or by reason of the fact that he is or was serving at the request of the Company as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, in each case whether or not serving in such capacity at the time any liability or expense is incurred for which indemnification, reimbursement, or advancement of expenses can be provided under this Agreement. View More Arrow

Variations

Proceeding. Shall include includes, without limitation, any threatened, pending or completed action, suit, arbitration, alternate dispute resolution mechanism, investigation, inquiry, administrative hearing suit or any other actual, threatened or completed proceeding, whether brought in the right of the Company Corporation or otherwise and whether of a civil, criminal, administrative administrative, legislative or investigative nature, formal or informal, internal or external, in which the Indemnitee was,... is may be or will be may have been involved as a party party, witness or otherwise otherwise, by reason of the fact that the Indemnitee is or was a director or and/or executive officer of the Company, by reason Corporation or any of any action taken by him its subsidiaries, or of any action on his part while acting as director or officer of the Company, or by reason of the fact that he is or was serving at the request of the Company Corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, in each case whether or not serving in such capacity at the time any liability or expense is incurred for which indemnification, reimbursement, exculpation, indemnification or advancement of expenses reimbursement can be provided under this Agreement. View More Arrow
Proceeding. Shall shall include any threatened, pending or completed action, suit, arbitration, alternate dispute resolution mechanism, investigation, inquiry, administrative hearing or any other actual, threatened or completed proceeding, whether brought in the right of the Company or otherwise and whether of a civil, civil (including intentional or unintentional tort claims), criminal, administrative or investigative nature, in which Indemnitee was, is or will be involved as a party or otherwise by... reason of the fact that Indemnitee is or was a director or officer of the Company, by reason of any action taken by him (or failure to act) by him or of any action (or failure to act) on his part while acting as a director or officer of the Company, or by reason of the fact that he is or was serving at the request of the Company as a director, officer, trustee, general partner, managing member, fiduciary, employee or agent of another corporation, partnership, joint venture, trust or any other enterprise, Enterprise, in each case whether or not serving in such capacity at the time any liability or expense is incurred for which indemnification, reimbursement, or advancement of expenses can be provided under this Agreement. View More Arrow
Proceeding. Shall include includes any threatened, pending or completed action, suit, arbitration, alternate dispute resolution mechanism, investigation, inquiry, administrative hearing or any other actual, threatened or completed proceeding, whether brought by or in the right of the Company or otherwise and whether of a civil, criminal, administrative or investigative nature, investigative, in which Indemnitee was, is or will be involved as a party or otherwise otherwise, by reason of the fact that... Indemnitee is or was a an officer or director or officer of the Company, by reason of any action taken by him or of any action inaction on his part while acting as an officer or director or officer of the Company, or by reason of the fact that he is or was serving at the request of the Company as a director, officer, employee employee, agent or agent fiduciary of another corporation, partnership, joint venture, trust or other enterprise, Enterprise; in each case whether or not he is acting or serving in any such capacity at the time any liability or expense is incurred for which indemnification, reimbursement, or advancement of expenses indemnification can be provided under this Agreement; including one pending on or before the date of this Agreement, but excluding one initiated by an Indemnitee pursuant to Section 7 of this Agreement to enforce his rights under this Agreement. View More Arrow
Proceeding. Shall include means any threatened, pending pending, or completed action, suit, arbitration, mediation, alternate dispute resolution mechanism, investigation, inquiry, administrative hearing hearing, or any other actual, threatened or completed proceeding, whether brought in the right of the Company or otherwise and whether of a civil, criminal, administrative administrative, or investigative nature, including any appeal therefrom, in which Indemnitee was, is or will be involved as a party party, a potential party, a non-party witness, or otherwise by reason of (i) the fact that Indemnitee is or was a director or officer of the Company, by reason of (ii) any action taken by him Indemnitee or of any action or inaction on his Indemnitee's part while acting as a director or officer of the Company, or by reason of (iii) the fact that he or she is or was serving at the request of the Company as a director, trustee, general partner, managing member, officer, employee employee, agent, or agent fiduciary of another corporation, partnership, joint venture, trust the Company or any other enterprise, Enterprise, in each case whether or not serving in such capacity at the time any liability or expense Expense is incurred for which indemnification, reimbursement, indemnification or advancement of expenses can be provided under this Agreement; except one initiated by an Indemnitee to enforce his or her rights under this Agreement. View More Arrow
Proceeding. Shall include includes any threatened, pending or completed action, suit, arbitration, alternate dispute resolution mechanism, investigation, inquiry, administrative hearing or any other actual, threatened or completed proceeding, whether brought by or in the right of the Company or otherwise and whether of a civil, criminal, administrative or investigative nature, investigative, in which Indemnitee was, is or will be involved as a party or otherwise otherwise, by reason of the fact that... Indemnitee is or was a an officer or director or officer of the Company, by reason of any action taken by him or of any action inaction on his part while acting as an officer or director or officer of the Company, or by reason of the fact that he is or was serving at the request of the Company as a director, officer, employee employee, agent or agent fiduciary of another corporation, partnership, joint venture, trust or other enterprise, Enterprise; in each case whether or not he is acting or serving in any such capacity at the time any liability or expense is incurred for which indemnification, reimbursement, or advancement of expenses indemnification can be provided under this Agreement; including one pending on or before the date of this Agreement, but excluding one initiated by an Indemnitee pursuant to Section 8 of this Agreement to enforce his rights under this Agreement. View More Arrow
Proceeding. Shall shall include any threatened, pending or completed action, suit, arbitration, alternate dispute resolution mechanism, investigation, formal or informal, inquiry, administrative hearing or any other actual, threatened or completed proceeding, whether brought in the right of the Company or otherwise and whether of a civil, criminal, administrative or investigative nature, 3 in which Indemnitee was, is or will be involved as a party party, witness or otherwise by reason of the fact that... Indemnitee is or was a director or officer of the Company, by reason of any action taken (or failure to act) by him or her or of any action (or failure to act) on his or her part while acting as a director or officer of the Company, or by reason of the fact that he or she is or was serving at the request of the Company as a director, officer, trustee, general partner, managing member, fiduciary, employee or agent of another corporation, partnership, joint venture, trust or any other enterprise, Enterprise, in each case whether or not serving in such capacity at the time any liability or expense Expense is incurred for which indemnification, reimbursement, reimbursement or advancement of expenses Expenses can be provided under this Agreement. View More Arrow
Proceeding. Shall include includes any threatened, pending or completed action, suit, arbitration, alternate dispute resolution mechanism, investigation, inquiry, administrative hearing or any other actual, threatened or completed proceeding, whether brought by or in the right of the Company or otherwise and whether of a civil, criminal, administrative or investigative nature, investigative, in which Indemnitee was, is or will be involved as a party or otherwise otherwise, by reason of the fact that... Indemnitee is or was a an officer or director or officer of the Company, by reason of any action taken by him or of any action inaction on his part while acting as an officer or director or officer of the Company, or by reason of the fact that he is or was serving at the request of the Company as a director, officer, employee employee, agent or agent fiduciary of another corporation, partnership, joint venture, trust or other enterprise, Enterprise; in each case whether or not he is acting or serving in any such capacity at the time any liability or expense is incurred for which indemnification, reimbursement, or advancement of expenses indemnification can be provided under this Agreement; including one pending on or before the date of this Agreement, but excluding one initiated by an Indemnitee pursuant to Section 5 of this Agreement to enforce his rights under this Agreement. View More Arrow
Proceeding. Shall include means any threatened, pending or completed action, suit, arbitration, alternate dispute resolution mechanism, investigation, inquiry, administrative hearing action or any other actual, threatened or completed proceeding, whether civil, criminal, administrative or investigative (including an action brought by or in the right of the Company or otherwise and whether of a civil, criminal, administrative or investigative nature, Company) in which Indemnitee was, is may be or will be may have been involved as a party or otherwise otherwise, by reason of the fact that Indemnitee is or was a director or officer of the Company, by reason of any action taken by him Indemnitee or of any action inaction on his part while acting as such director or officer of the Company, or by reason of the fact that he is or was serving at the request of the Company as a director, officer, employee or agent of another foreign or domestic corporation, partnership, joint venture, trust or other enterprise, in each case or was a director and/or officer of the foreign or domestic corporation which was a predecessor corporation to the Company or of another enterprise at the request of such predecessor corporation, whether or not he is serving in such capacity at the time any liability or expense Expense is incurred for which indemnification, reimbursement, indemnification or advancement of expenses reimbursement can be provided under this Agreement. View More Arrow
Proceeding. Shall include means any threatened, pending or completed action, suit, arbitration, alternate dispute resolution mechanism, investigation, inquiry, administrative hearing action or any other actual, threatened or completed proceeding, whether civil, criminal, administrative or investigative (including an action brought by or in the right of the Company or otherwise and whether of a civil, criminal, administrative or investigative nature, Bank) in which Indemnitee was, is may be or will be may... have been involved as a party or otherwise otherwise, by reason of the fact that Indemnitee is or was a director or officer of the Company, Bank, by reason of any action taken by him Indemnitee or of any action inaction on his part while acting as such director or officer of the Company, or by reason of the fact that he is or was serving at the request of the Company Bank as a director, officer, employee or agent of another foreign or domestic corporation, partnership, joint venture, trust or other enterprise, in each case or was a director and/or officer of the foreign or domestic corporation which was a predecessor corporation to the Bank or of another enterprise at the request of such predecessor corporation, whether or not he is serving in such capacity at the time any liability or expense Expense is incurred for which indemnification, reimbursement, indemnification or advancement of expenses reimbursement can be provided under this Agreement. View More Arrow
Proceeding. Shall include includes any threatened, pending or completed investigation, action, suit, arbitration, alternate dispute resolution mechanism, investigation, inquiry, administrative hearing or any other actual, threatened or completed proceeding, whether brought by or in the right of the Company or otherwise otherwise, against Indemnitee, for which indemnification is not prohibited under Sections 2(a)-(f) above and whether of a civil, criminal, administrative or investigative nature, including,... but not limited to, actions, suits or proceedings in which Indemnitee was, is may be or will be may have been involved as a party or otherwise otherwise, by reason of the fact that Indemnitee is or was a director director, officer, employee or officer of the Company, by reason of any action taken by him or of any action on his part while acting as director or officer agent of the Company, or by reason of the fact that he is or was serving serving, at the request of the Company Company, as a director, officer, employee or agent or fiduciary of any other entity, including, but not limited to, another corporation, partnership, joint venture, trust trust, employee benefit plan or other enterprise, or by reason of anything done or not done by Indemnitee in each case any such capacity, whether or not Indemnitee is serving in such capacity at the time any liability or expense is incurred for which indemnification, reimbursement, indemnification or advancement of expenses reimbursement can be provided under this Agreement. View More Arrow
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