Common use of Determination of Right to Indemnification Clause in Contracts

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, without limitation, dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim in accordance with Section 2 and no Standard of Conduct Determination (as defined in Section 7(b)) shall be required.

Appears in 71 contracts

Samples: Employment Agreement (LifeMD, Inc.), Director and Officer Indemnification Agreement (LifeMD, Inc.), Director Agreement (LifeMD, Inc.)

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Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, including without limitation, limitation dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim in accordance with Section 2 and no Standard of Conduct Determination (as defined in Section 7(b)) shall be required.

Appears in 55 contracts

Samples: Indemnification Agreement (Kb Home), Indemnification Agreement (Bristow Group Inc.), Indemnification Agreement (Harte Hanks Inc)

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, without limitation, including dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim in accordance with Section 2 and no Standard of Conduct Determination (as defined in Section 7(b8(b)) shall be requiredrequired with respect to such Indemnifiable Claim.

Appears in 33 contracts

Samples: Director and Officer Indemnification Agreement (Silverbow Resources, Inc.), Indemnification Agreement (HF Sinclair Corp), Indemnification Agreement

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, without limitation, including dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim in accordance with Section 2 and no Standard of Conduct Determination (as defined in Section 7(b)paragraph (b) below) shall be required.

Appears in 14 contracts

Samples: Indemnification Agreement (Dell Technologies Inc.), Indemnification Agreement (Dell Technologies Inc.), Md Stockholders Agreement (Dell Technologies Inc)

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, including without limitation, limitation dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from to such Indemnifiable Claim in accordance with Section 2 and no Standard of Conduct Determination (as defined in Section 7(b)) shall be required.

Appears in 14 contracts

Samples: Indemnification Agreement (Krystal Biotech, Inc.), Director Indemnification Agreement (Elevate Credit, Inc.), Form of Indemnification Agreement (Blackline, Inc.)

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, without limitation, including dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim in accordance with Section 2 and no Standard of Conduct Determination (as defined in Section 7(b)) shall be required.

Appears in 12 contracts

Samples: Director Indemnification Agreement (Lincoln Electric Holdings Inc), Director and Officer Indemnification Agreement (Crestwood Midstream Partners LP), Officer Indemnification Agreement (Alon Brands, Inc.)

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, without limitation, including dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim in accordance with Section 2 1.02 and no Standard of Conduct Determination (as defined in Section 7(b1.07(b)) shall be required.

Appears in 5 contracts

Samples: Officer Indemnification Agreement (Haynes International Inc), Form of Director Indemnification Agreement (Haynes International Inc), Form of Indemnification Agreement (Haynes International Inc)

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, including without limitation, limitation dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from to such Indemnifiable Claim or any portion thereof in accordance with Section 2 and no Standard of Conduct Determination (as defined in Section 7(b)) shall be required.

Appears in 5 contracts

Samples: Director Indemnification Agreement (KAYAK SOFTWARE Corp), Director Indemnification Agreement (KAYAK SOFTWARE Corp), Director Indemnification Agreement (KAYAK SOFTWARE Corp)

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, including without limitation, limitation dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim in accordance with Section 2 and no Standard of Conduct Indemnification Eligibility Requirement Determination (as defined in Section 7(b)) shall be required.

Appears in 5 contracts

Samples: Indemnification Agreement (United Natural Foods Inc), Indemnification Agreement (United Natural Foods Inc), Indemnification Agreement (United Natural Foods Inc)

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, including without limitation, limitation dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim in accordance with Section 2 and no Standard of Conduct Determination (as defined in Section 7(b)) shall be required.

Appears in 4 contracts

Samples: Director and Officer Indemnification Agreement (Condor Hospitality Trust, Inc.), Director and Officer Indemnification Agreement (Rewards Network Inc), Indemnification Agreement (Zoran Corp \De\)

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, without limitation, including dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim in accordance with Section 2 and no Standard of Conduct Determination (as defined in Section 7(b8(c)) shall be required.

Appears in 4 contracts

Samples: Director and Officer Indemnification Agreement (Microvast Holdings, Inc.), Director and Officer Indemnification Agreement (Great Elm Group, Inc.), Director and Officer Indemnification Agreement (GWG Holdings, Inc.)

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, including without limitation, limitation dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim in accordance with Section 2 and no Standard of Conduct Determination (as defined in Section 7(b8(b)) shall be required.

Appears in 3 contracts

Samples: Officer Indemnification Agreement, Director and Officer Indemnification Agreement (CSW Industrials, Inc.), Director and Officer Indemnification Agreement (Chuy's Holdings, Inc.)

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, without limitation, including dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim in accordance with Section 2 3 and no Standard of Conduct Determination (as defined in Section 7(b9(c)) shall be requiredrequired with respect to such Indemnifiable Claim.

Appears in 2 contracts

Samples: Director and Officer Indemnification Agreement (Nii Holdings Inc), Director and Officer Indemnification Agreement (Nii Holdings Inc)

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been is successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, without limitation, including dismissal without prejudice, Indemnitee shall will be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim in accordance with Section 2 and no Standard of Conduct Determination (as defined in Section 7(b)) shall will be required.

Appears in 2 contracts

Samples: Director and Officer Indemnification Agreement (Transpro Inc), Indemnification Agreement (Thinkengine Networks, Inc.)

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof Claim, or in defense of any issue or matter therein, including, without limitation, dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim or issue or matter in accordance with Section 2 and no Standard of Conduct Determination (as defined in Section 7(b)) shall be required.

Appears in 2 contracts

Samples: Indemnification Agreement (Asbury Automotive Group Inc), Indemnification Agreement (Asbury Automotive Group Inc)

Determination of Right to Indemnification. (a) a. To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof thereof, or in defense of any issue or matter thereinProceeding, including, without limitation, dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of of, or resulting from such Indemnifiable Claim in accordance with Section 2 3, or of any Proceeding in accordance with Section 4, and no Standard of Conduct Determination (as defined in Section 7(b)) shall be required.

Appears in 2 contracts

Samples: Form of Director Indemnification Agreement (AAC Holdings, Inc.), Form of Director Indemnification Agreement (AAC Holdings, Inc.)

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, without limitation, including dismissal with or without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim in accordance with Section 2 and no Standard of Conduct Determination (as defined in Section 7(b8(b)) shall be requiredrequired with respect to such Indemnifiable Claim.

Appears in 2 contracts

Samples: Indemnification Agreement (Axiall Corp/De/), Indemnification Agreement (Axiall Corp/De/)

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, without limitation, dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim in accordance with Section 2 2, and no Standard of Conduct Determination (as defined in Section 7(b)) shall be required.

Appears in 2 contracts

Samples: Director and Officer Indemnification Agreement (Medassets Inc), Director and Officer Indemnification Agreement (Knoll Inc)

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have has been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, without limitation, including dismissal without prejudice, Indemnitee shall will be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim in accordance with Section 2 and no Standard of Conduct Determination (as defined in Section 7(b8(b)) shall will be requiredrequired with respect to such Indemnifiable Claim.

Appears in 2 contracts

Samples: Indemnification Agreement (Montauk Renewables, Inc.), Indemnification Agreement (Abm Industries Inc /De/)

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, including without limitation, limitation dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim or portion thereof in accordance with Section 2 and no Standard of Conduct Determination (as defined in Section 7(b8(b)) shall be requiredrequired with respect thereto.

Appears in 2 contracts

Samples: Director Indemnification Agreement (KMG Chemicals Inc), Director Indemnification Agreement (Exco Resources Inc)

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Indemnifable Claim or any portion thereof or in defense of any issue or matter therein, including, without limitation, dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Indemnifable Losses relating to, arising out of or resulting from such Indemnifiable Claim in accordance with Section 2 and no Standard of Conduct Determination (as defined in Section 7(b)) shall be required.

Appears in 1 contract

Samples: Indemnification Agreement (Traffic.com, Inc.)

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, including without limitation, limitation dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim in accordance with Section 2 and no Standard of Conduct Determination (as defined in Section 7(b)) shall be required.

Appears in 1 contract

Samples: Indemnification Agreement (International Coal Group, Inc.)

Determination of Right to Indemnification. (a) To the extent that the Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, without limitation, including dismissal without prejudice, the Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim in accordance with Section 2 and no Standard of Conduct Determination (as defined in Section 7(b8(b)) shall be requiredrequired with respect to such Indemnifiable Claim.

Appears in 1 contract

Samples: Indemnification Agreement (Diamond S Shipping Inc.)

Determination of Right to Indemnification. (a) To the extent that If Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or Claim, including dismissal without prejudice (and with respect to any portion thereof of any Indemnifiable Claim or in defense of any issue or matter therein, including, without limitation, dismissal without prejudiceto the extent of such success), Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim in accordance with Section 2 and no Standard of Conduct Determination (as defined in Section 7(b)) shall be required.

Appears in 1 contract

Samples: Indemnification Agreement (Sprint Nextel Corp)

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been successful in connection with any application for relief under the Act or on the merits or otherwise in defense defence of any Indemnifiable Claim or any portion thereof or in defense defence of any issue or matter therein, including, including without limitation, limitation dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim in accordance with Section 2 and no Applicable Standard of Conduct Determination (as defined in Section 7(b)) shall be required.

Appears in 1 contract

Samples: Director Indemnification Agreement (Stats Chippac Ltd.)

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been is successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, without limitation, including dismissal without prejudice, Indemnitee shall will be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim in accordance with Section 2 and no Standard of Conduct Determination (as defined in Section 7(b8(b)) shall will be requiredrequired with respect to such Indemnifiable Claim.

Appears in 1 contract

Samples: Director and Officer Indemnification Agreement (Diamond S Shipping Group, Inc.)

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Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, including without limitation, limitation dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim in accordance with Section 2 3 and no Standard of Conduct Determination (as defined in Section 7(b8(b)) shall be required.

Appears in 1 contract

Samples: Director and Officer Indemnification Agreement (Dana Holding Corp)

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, including without limitation, limitation dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim in accordance with Section 2 and no Standard of Conduct Determination (as defined in Section 7(b8(b)) shall be required.

Appears in 1 contract

Samples: Indemnification Agreement (Turning Point Brands, Inc.)

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, without limitation, including dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim in accordance with Section 2 ‎2 and no Standard of Conduct Determination (as defined in Section 7(b‎8(b)) shall be requiredrequired with respect to such Indemnifiable Claim.

Appears in 1 contract

Samples: Director and Officer Indemnification Agreement (FTS International, Inc.)

Determination of Right to Indemnification. (a) To a)To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, including without limitation, limitation dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim in accordance with Section 2 and no Standard of Conduct Determination (as defined in Section 7(b)) shall be required.

Appears in 1 contract

Samples: Director Indemnification Agreement (Lca Vision Inc)

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, without limitation, dismissal with or without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim or portion thereof or issue or matter therein in accordance with Section 2 and no Standard of Conduct Determination (as defined in Section 7(b)) shall be required.with

Appears in 1 contract

Samples: Indemnification Agreement (Laidlaw International Inc)

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, including without limitation, limitation dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from to such Indemnifiable indemnifiable Claim in accordance with Section 2 and no Standard of Conduct Determination (as defined in Section 7(b)) shall be required.

Appears in 1 contract

Samples: Shareholders’ Agreement (Le Gaga Holdings LTD)

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, without limitation, including through a dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim in accordance with Section 2 and no Standard of Conduct Determination (as defined in Section 7(b8(b)) shall be requiredrequired with respect to such Indemnifiable Claim.

Appears in 1 contract

Samples: Director and Officer Indemnification Agreement (Cleveland-Cliffs Inc.)

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, without limitation, including dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim in accordance with Section 2 and no Standard of Conduct Determination (as defined in Section 7(b)) shall be required.

Appears in 1 contract

Samples: Indemnification Agreement (Myr Group Inc.)

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, without limitation, including dismissal without prejudice, Indemnitee shall be indemnified indemnified, to the extent permitted by applicable law, against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim in accordance with Section 2 and no Standard of Conduct Determination (as defined in Section 7(b)) shall be required.

Appears in 1 contract

Samples: Indemnification Agreement (Ctpartners Executive Search LLC)

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, including without limitation, limitation dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from to such Indemnifiable Claim in accordance with Section 2 and no Standard of Conduct Determination (as defined in shall be required under Section 7(b)) shall be required.

Appears in 1 contract

Samples: Form of Indemnification Agreement (ECPM Holdings, LLC)

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, including without limitation, limitation dismissal with or without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from to such Indemnifiable Claim in accordance with Section 2 and no Standard of Conduct Determination (as defined in Section 7(b)) shall be required.

Appears in 1 contract

Samples: Indemnification Agreement (Radian Group Inc)

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, including without limitation, limitation dismissal with or without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim in accordance with Section 2 and no Standard of Conduct Determination (as defined in Section 7(b)) shall be required.

Appears in 1 contract

Samples: Director/Officer Indemnification Agreement (Georgia Gulf Corp /De/)

Determination of Right to Indemnification. (a) To a)To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, including without limitation, limitation dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from to such Indemnifiable Claim in accordance with Section 2 and no Standard of Conduct Determination (as defined in Section 7(b)) shall be required.

Appears in 1 contract

Samples: Indemnification Agreement (Tabula Rasa HealthCare, Inc.)

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, including without limitation, limitation dismissal with or without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from to such Indemnifiable Claim in accordance with Section 2 and no Standard of Conduct Determination (as defined in Section 7(b)) shall be required.

Appears in 1 contract

Samples: Indemnification Agreement (Airbnb, Inc.)

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, without limitation, including dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim in accordance with Section 2 and no Standard of Conduct Determination (as defined in Section 7(b)) shall be required.

Appears in 1 contract

Samples: Indemnification Agreement (Baseline Oil & Gas Corp.)

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, without limitation, including dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of of, or resulting from from, such Indemnifiable Claim in accordance with Section 2 2.1 and no Standard of Conduct Determination (as defined in Section 7(b4.2(b)) shall be required.

Appears in 1 contract

Samples: Indemnification Agreement (PMFG, Inc.)

Determination of Right to Indemnification. (a) To the extent that Indemnitee shall have has been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter thereinthereof, including, without limitation, the dismissal of an action without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses Expenses relating to, arising out of or resulting from such Indemnifiable Claim in accordance with Section 2 1 and no Standard of Conduct Determination (as defined in Section 7(b)4(b) below) shall be required.

Appears in 1 contract

Samples: Indemnification And (Genvec Inc)

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