Contractual Obligation. The obligations of the Company to indemnify an Indemnified Party under this ARTICLE IX, including the duty to advance expenses, shall be considered a contract between the Company and such Person, and no modification or repeal of any provision of this ARTICLE IX shall affect, to the detriment of such Person, such obligations of the Company in connection with a claim based on any act or failure to act occurring before such modification or repeal.
Appears in 4 contracts
Samples: Limited Liability Company Operating Agreement (Sierra Income Corp), Limited Liability Company Operating Agreement (Medley Capital Corp), Limited Liability Company Operating Agreement (Capital Southwest Corp)
Contractual Obligation. The obligations of the Company to indemnify an Indemnified Party under this ARTICLE IXXI, including the duty to advance expenses, shall be considered a contract between the Company and such Person, and no modification or repeal of any provision of this ARTICLE IX XI shall affect, to the detriment of such Person, such obligations of the Company in connection with a claim based on any act or failure to act occurring before such modification or repeal.
Appears in 2 contracts
Samples: Limited Liability Company Operating Agreement (EP Income Co LLC), Limited Liability Company Operating Agreement (Bluerock Institutional High Income Credit Fund)
Contractual Obligation. The obligations of the Company to indemnify a Director or an Officer/Employee Indemnified Party under this ARTICLE IXArticle XI, including the duty to advance expenses, shall be considered a contract between the Company and such Person, and no modification or repeal of any provision of this ARTICLE IX Article XI shall affect, to the detriment of such Person, such obligations of the Company in connection with a claim based on any act or failure to act occurring before such modification or repeal.
Appears in 2 contracts
Samples: Limited Liability Company Operating Agreement (NexPoint Capital, LLC), Limited Liability Company Operating Agreement (Eagle Point Credit Co LLC)
Contractual Obligation. The obligations of the Company to indemnify an Indemnified Party under this ARTICLE IXVIII, including the duty to advance expenses, shall be considered a contract between the Company and such Person, and no modification or repeal of any provision of this ARTICLE IX VIII shall affect, to the detriment of such Person, such obligations of the Company in connection with a claim based on any act or failure to act occurring before such modification or repeal.
Appears in 1 contract
Samples: Limited Liability Company Agreement (KCAP Financial, Inc.)
