Proceeding Definition Example with 367 Variations

Proceeding. Shall shall include any threatened, pending or completed inquiry, hearing, investigation, action, suit, arbitration, alternate arbitration or other alternative dispute resolution mechanism, investigation, inquiry, administrative hearing mechanism or any other actual, threatened proceeding, formal or completed proceeding, informal, whether brought in the right name of the Company or otherwise and whether of a civil, criminal, criminal or administrative or investigative nature, in which... Indemnitee was, is or will be involved as a party or otherwise by reason of the fact that the Indemnitee is or was a director or and/or officer of the Company, by reason of any action taken by him a key executive or of any action on his part while acting as director or officer employee of the Company, Company or by reason of a consultant to the fact that he Company or is or was serving at the request of the Company as a director, officer, employee employee, consultant or agent of another corporation, partnership, joint venture, trust or other enterprise, in each case whether or not he/she is serving in such capacity at the time any liability or expense is incurred for which indemnification, reimbursement, indemnification or advancement of expenses can reimbursement is to be provided under this Agreement. View More

Proceeding. Shall The term "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 Company, the Partnership 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 (or failure to act) by him or of her or 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, partner, manager, managing member, general partner, fiduciary, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, any Enterprise, in each case whether or not serving in such capacity at the time any liability or expense is incurred for which indemnification, reimbursement, reimbursement or advancement of expenses can be provided under this Agreement, except one initiated by Indemnitee to enforce his or her rights under this Agreement. The term Proceeding shall not 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 by Indemnitee against the Company or the Partnership, including, without limitation, proceedings initiated by Indemnitee or involving a counterclaim by Indemnitee. View More

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 his 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

Proceeding. Shall include any threatened, pending or completed action, suit, arbitration, mediation, 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 administrative, or investigative or related nature, in which Indemnitee was, is is, will or will might 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 (or failure to act) taken 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

Proceeding. Shall include (g) "Proceeding" shall mean 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 administrative, regulatory or investigative nature, and whether formal or informal, 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 Company 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, manager, officer, employee employee, agent or trustee of any Enterprise or by reason of any action taken by Indemnitee or of any action taken on his or her part while acting as a director or officer of the Company or while serving at the request of the Company as a director, manager, officer, employee, agent or trustee of another corporation, partnership, joint venture, trust or other enterprise, any Enterprise, in each case whether or not serving in such capacity at the time any liability or expense is incurred for which indemnification, reimbursement, reimbursement or advancement of expenses can be provided under this Agreement; provided, however, that the term "Proceeding" shall not include any action, suit or arbitration, or part thereof, initiated by Indemnitee to enforce Indemnitee's rights under this Agreement. View More

Proceeding. Shall include includes any threatened, pending or completed action, suit, arbitration, alternate dispute resolution mechanism, investigation, inquiry, administrative judicial, administrative, or legislative 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 director or officer of the Company, his Corporate Status, by reason of any action taken by him or of any action inaction 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 his Corporate Status; 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

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, 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 (or failure to act) taken 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

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. Agreement View More

Proceeding. Shall The term "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, limited liability company, 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 Expenses can be provided under this Agreement. Agreement; provided that the term Proceeding shall not include any such actions initiated by Indemnitee to enforce his rights under this Agreement; and provided further that, the term Proceeding shall not 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 by Indemnitee against the Company, including, but not limited to, proceedings initiated by Indemnitee or involving a counterclaim by Indemnitee. View More

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 was or 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 Indemnitee's part while acting serving as a director or officer of the Company, Company or by reason of the fact that he Indemnitee is or was serving at the request of the Company as a an officer, director, officer, employee employee, consultant, fiduciary or agent of another corporation, partnership, joint venture, trust trust, employee benefit plan or other enterprise, in each case whether or not Indemnitee 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, and excluding one initiated by Indemnitee pursuant to Section 7 of this Agreement to enforce Indemnitee's rights under this Agreement. View More