First Data 2007 Annual Report Download - page 225

serving at the request of the Corporation (for purposes of this definition only, an "Enterprise"): records or books of account of the Corporation or
Enterprise, information supplied by an officer of the Corporation or Enterprise in the course of their duties, advice of legal counsel for the
Corporation or Enterprise, or information or records given or reports made to the Corporation or Enterprise by an independent certified public
accountant, appraiser or other expert selected with reasonable care by the Corporation or Enterprise.
"Corporation" shall include, in addition to the resulting corporation, any constituent corporation (including any constituent of a constituent)
absorbed in a consolidation or merger which, if its separate existence had continued, would have had power and authority to indemnify its
directors, officers, or employees so that any person who is or was a director, officer, or employee of such constituent corporation, or is or was a
director, officer, or employee of such constituent corporation serving at the request of such constituent corporation as a director, officer,
employee or agent of another corporation, partnership, joint venture, trust, employee benefit plan or other enterprise, shall stand in the same
position under the provision of this Article V with respect to the resulting or surviving corporation as they would have with respect to such
constituent corporation if its separate existence had continued.
"Fines" shall include any excise taxes assessed on a person with respect to any employee benefit plan.
"Not opposed to the best interest of the corporation" shall include actions taken in service to an employee benefit plan that the person reasonably
believed to be in the interest of the participants and beneficiaries of an employee benefit plan.
6