Common use of Claims Initiated by the Indemnitee Clause in Contracts

Claims Initiated by the Indemnitee. To indemnify or advance Expenses to the Indemnitee with respect to proceedings or claims initiated or brought voluntarily by the Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement; or

Appears in 7 contracts

Samples: Indemnity Agreement (Kendle International Inc), Indemnity Agreement (Kendle International Inc), Indemnity Agreement (Kendle International Inc)

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Claims Initiated by the Indemnitee. To indemnify or advance Expenses expenses to the Indemnitee with respect to proceedings or claims initiated or brought voluntarily by the Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement; orAgreement or any other law, statute or rule, but such indemnification or advancement of expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suit.

Appears in 4 contracts

Samples: Indemnification Agreement (China Time Share Media Co. LTD), Indemnification Agreement (SMART Modular Technologies (DE), Inc.), Indemnification Agreement (SMART Modular Technologies (WWH), Inc.)

Claims Initiated by the Indemnitee. To indemnify or to advance Expenses to the Indemnitee with respect to proceedings Proceedings or claims initiated or brought voluntarily by the Indemnitee and not by way of defense, except with respect to proceedings Proceedings brought to establish or enforce a right to indemnification or advancement of Expenses under this Agreement; orprovided, however, that indemnification or advancement of Expenses for such Proceedings may be made with the approval of the Board;

Appears in 2 contracts

Samples: Indemnification Agreement (Pep Boys Manny Moe & Jack), Indemnification Agreement (Pep Boys Manny Moe & Jack)

Claims Initiated by the Indemnitee. To indemnify or advance Expenses expenses to the Indemnitee with respect to proceedings an action, suit or claims proceeding (or part thereof) initiated or brought voluntarily by the Indemnitee and not by way of defenseIndemnitee, except with respect to proceedings an action, suit or proceeding brought to establish or enforce a right to indemnification under (which shall be governed by the provisions of Section 8(b) of this Agreement; or), unless such action, suit or proceeding (or part thereof) was authorized or consented to by the Board of Directors.

Appears in 1 contract

Samples: Indemnification Agreement (Destination Maternity Corp)

Claims Initiated by the Indemnitee. To indemnify or advance Expenses expenses to the Indemnitee with respect to proceedings or claims initiated or brought voluntarily by the Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement; orAgreement or any other statute or law, but such indemnification or advancement of expenses may be provided by the Company in specific cases if the Board of Directors has approved the initiation or bringing of such suit.

Appears in 1 contract

Samples: Indemnification Agreement (Nptest Holding Corp)

Claims Initiated by the Indemnitee. To indemnify or advance Expenses expenses to the Indemnitee with respect to proceedings or claims any Action initiated or brought voluntarily by the Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement; orunless said Action was authorized by the Board of Directors of the Company.

Appears in 1 contract

Samples: Indemnification Agreement (Biodel Inc)

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Claims Initiated by the Indemnitee. To to indemnify in respect of Penalties or Expenses or advance Expenses to the Indemnitee with respect to proceedings or claims initiated or brought voluntarily by the Indemnitee and not by way of defensedefence, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement, the BCBCA, the Articles or any other statute or law; or

Appears in 1 contract

Samples: Form of Indemnification Agreement (Medallion Resources LTD)

Claims Initiated by the Indemnitee. To indemnify or advance Expenses expenses to the Indemnitee with respect to proceedings or claims initiated or brought voluntarily by the Indemnitee and not by way of defense, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement; orAgreement or any other statute or law or otherwise as required under Section 78.7501 of the NRS, but such indemnification or advancement of expenses may be provided by the Company in specific cases if the Board finds it to be appropriate;

Appears in 1 contract

Samples: Indemnification Agreement (Universal Gold Mining Corp.)

Claims Initiated by the Indemnitee. To to indemnify or advance Expenses to the Indemnitee with respect to proceedings or claims initiated or brought voluntarily by the Indemnitee and not by way of defensedefence, except with respect to proceedings brought to establish or enforce a right to indemnification under this Agreement, the Act or any other statute or law; or

Appears in 1 contract

Samples: Indemnification Agreement (Thompson Creek Metals CO Inc.)

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