Common use of D & O Insurance Clause in Contracts

D & O Insurance. If, at the time of receipt of a notice pursuant to Section 6(a) above, the Corporation has D&O Insurance in effect, the Corporation shall give prompt notice of the Proceeding or claim to its insurers in accordance with the procedures set forth in the applicable policies. The Corporation shall thereafter take all necessary or desirable action to cause such insurers to pay all amounts payable as a result of such Proceeding in accordance with the terms of such policies, and Indemnitee shall not take any action (by waiver, settlement or otherwise) which would adversely affect the ability of the Corporation to obtain payment from its insurers.

Appears in 2 contracts

Samples: Indemnification Agreement (Diversified Food Group Inc), Indemnification Agreement (Career Education Corp)

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D & O Insurance. If, at the time of receipt of a notice pursuant --------------- to Section 6(a) above, the Corporation has D&O Insurance in effect, the Corporation shall give prompt notice of the Proceeding or claim to its insurers in accordance with the procedures set forth in the applicable policies. The Corporation shall thereafter take all necessary or desirable action to cause such insurers to pay all amounts payable as a result of such Proceeding in accordance with the terms of such policies, and Indemnitee shall not take any action (by waiver, settlement or otherwise) which would adversely affect the ability of the Corporation to obtain payment from its insurers.

Appears in 2 contracts

Samples: Indemnification Agreement (Novamed Eyecare Inc), Indemnification Agreement (Divine Interventures Inc)

D & O Insurance. If, at the time of receipt of a notice pursuant to Section SECTION 6(a) above, the Corporation has D&O Insurance in effect, the Corporation shall give prompt notice of the Proceeding or claim to its insurers in accordance with the procedures set forth in the applicable policies. The Corporation shall thereafter take all necessary or desirable action to cause such insurers to pay all amounts payable as a result of such Proceeding in accordance with the terms of such policies, and Indemnitee shall not take any action (by waiver, settlement or otherwise) which would adversely affect the ability of the Corporation to obtain payment from its insurers.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Nanophase Technologies Corporation)

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D & O Insurance. If, at the time of receipt of a notice pursuant to Section 6(aSECTION 6(A) above, the Corporation has D&O Insurance in effect, the Corporation shall give prompt notice of the Proceeding or claim to its insurers in accordance with the procedures set forth in the applicable policies. The Corporation shall thereafter take all necessary or desirable action to cause such insurers to pay all amounts payable as a result of such Proceeding in accordance with the terms of such policies, and Indemnitee shall not take any action (by waiver, settlement or otherwise) which would adversely affect the ability of the Corporation to obtain payment from its insurers.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Natural Nutrition Group Inc)

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