ThirdParty Claim

ThirdParty Claim. Means any claim, suit, arbitration, inquiry, proceeding or investigation by or before any court, governmental or other regulatory or administrative agency or commission or any arbitration tribunal asserted by a Person other than Barnes & Noble or any Barnes & Noble Affiliate or GameStop or any GameStop Affiliate which gives rise to a right of indemnification hereunder.

ThirdParty Claim. Means any claim, suit, arbitration, inquiry, proceeding or investigation by or before any court, governmental or other regulatory or administrative agency or commission or any arbitration tribunal asserted by a Person other than ICN or any ICN Affiliate or Ribapharm or any Ribapharm Affiliate which gives rise to a right of indemnification hereunder.

ThirdParty Claim. Means any (i) claim brought by a Person other than an Indemnitee or the Company or any of its Subsidiaries and (ii) derivative claim brought in the name of the Company or any of its Subsidiaries that is initiated by any Person other than an Indemnitee. 11

ThirdParty Claim. Means any (i) claim brought by a Person other than a SunGard Corporation, a Manager or any indemnified Person related to a Manager and (ii) any derivative claim brought in the name of a SunGard Corporation that is initiated by a Person other than a Manager or any indemnified Person related to a Manager.