EFTA Document EFTA01366417

precedent, submit to the court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in the Securities Act and will be governed byby the final adjudication of such issue. In accordance with Section 102(bX7) of the DGCL, our amended and restated certificate of incorporation. will provide that no director shall be personally liable to us or any of our stockholders for monetary damages resulting from breaches of their fiduciary duty as