As a leading live chat and help desk software solution for business, LiveChat transforms teams into customer service rockstars with its simple and easy-to-use applications. You can log into your LiveChat account both on your desktop and your mobile device at the same time. These services allow users to choose their service provider without losing the ability to talk to users of other providers following the same standard. You can manage many customers at the same time. We can also take our capabilities and put them inside their current CRM systems and ride or messaging and voice platforms inside those. And then Tenfold gives us integrations into traditional legacy systems. Factset: FactSet Research Systems Inc.2019. The surveillance at issue in this case-constant monitoring of the location of a vehicle for four weeks-would have required a large team of agents, multiple vehicles, and perhaps aerial assistance.10 Only an investigation of unusual importance could have justified such an expenditure of law enforcement resources.
In the event that a claim for indemnification against such liabilities (other than the payment by the registrant of expenses incurred or paid by a director, officer or controlling person of the registrant in the successful defense of any action, suit or proceeding) is asserted by such director, officer or controlling person in connection with the securities being registered, the registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a 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 by the final adjudication of such issue. Section 7.7(a) of our Second Amended and Restated Limited Liability Company Agreement (the LLC Agreement ) provides that to the fullest extent permitted by law as it currently exists and to such greater extent as applicable law hereafter may permit, but subject to the limitations expressly provided in the LLC Agreement, we shall indemnify any person who was or is a party or is threatened to be made a party to, or otherwise requires representation of counsel in connection with, any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (including an action by or in the right of the Company) by reason of the fact that such person (i) is or was our director or officer, or, while serving as our director or officer, is or was serving as a tax matters partner, or, (ii) is or was our member, partner, manager, director, officer, fiduciary or trustee or that of any of our subsidiaries or, (iii) at our request, served as a director, manager, officer, tax matters partner, fiduciary or trustee of any other person (each an Indemnitee ) or by reason of any action alleged to have been taken or omitted in such capacity, against losses, expenses (including attorneys fees), judgments, fines, damages, penalties, interest, liabilities and amounts paid in settlement actually and reasonably incurred by the person in connection with such action, suit or proceeding, provided that the Indemnitee shall not be indemnified and held harmless if there has been a final and non-appealable judgment entered by a court of competent jurisdiction determining that, in respect of the matter for which the Indemnitee is seeking indemnification pursuant to Section 7.7(a) of the LLC Agreement, the Indemnitee acted in bad faith or engaged in fraud, willful misconduct or, in the case of a criminal matter, acted with knowledge that the Indemnitee s conduct was unlawful.
Reference is made to Item 9 for the Company s undertakings with respect to indemnification for liabilities arising under the Securities Act. 4 Section 7.8 of the LLC Agreement provides that no Indemnitee shall be liable for monetary damages to us or our members or any other persons who have acquired any class or series of equity interests in us for losses sustained or liabilities incurred as a result of any act or omission of an Indemnitee unless there has been a final and non-appealable judgment entered by a court of competent jurisdiction determining that, in respect of the matter in question, the Indemnitee acted in bad faith or engaged in fraud, willful misconduct or, in the case of a criminal matter, acted with knowledge that the Indemnitee s conduct was criminal. In addition, the LLC Agreement provides that we may purchase and maintain insurance, on behalf of our directors and officers, and such other persons as the board of directors shall determine, against any liability that may be asserted against or expense that may be incurred by such person in connection with our activities or such person s activities on our behalf, regardless of whether we would have the power to indemnify such person against such liability under the provisions of the LLC Agreement.
PART II INFORMATION REQUIRED IN THE REGISTRATION STATEMENT The following documents filed by the registrant with the Securities and Exchange Commission (the Commission ) are incorporated by reference in this registration statement: The Company s Annual Report on Form 10-K for the year ended December 31, 2007, filed on March 31, 2008; The Company amended Annual Report on Form 10-K/A for the year ended December 31, 2007, filed on May 12, 2008 The Company s Quarterly Report on Form 10-Q for the three months ended March 31, 2008, filed on May 15, 2008; The current reports on Form 8-K as filed by the Company with the Commission on February 4, 2008, March 3, 2008, April 2, 2008, May 12, 2008; and July 21, 2008 The current reports on Form 8-K/A as filed by the Company with the Commission on February 13, 2008 and April 14, 2008; and The description of the Company s common units contained in the Company s Registration Statement on Form 8-A (File No ) as filed by the Company with the Commission on October 19, 2007, and any amendment or report filed for the purpose of updating that description.