Determination of Right to Indemnification. (a) To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4(a), 4(b) or 4(c) of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him or her in connection therewith.
Appears in 19 contracts
Samples: Indemnity Agreement (Blum Holdings, Inc.), Indemnity Agreement (Blum Holdings, Inc.), Indemnity Agreement (Blum Holdings, Inc.)
Determination of Right to Indemnification. (a) To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4(a3(a), 4(b3(b) or 4(c3(c) of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him or her in connection therewith.
Appears in 15 contracts
Samples: Change in Control Agreement (Symantec Corp), Change in Control Agreement (Symantec Corp), Change in Control Agreement (Symantec Corp)
Determination of Right to Indemnification. (a) To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding Proceeding referred to in Section 4(a), 4(b) or 4(c4(b) of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses Expenses actually and reasonably incurred by him or her in connection therewithwith the investigation, defense, or appeal of such Proceeding.
Appears in 8 contracts
Samples: Indemnity Agreement (Informix Corp), Indemnity Agreement (Informix Corp), Indemnity Agreement (Ascential Software Corp)
Determination of Right to Indemnification. (a) 8.1. To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4(a), 4(b) 4.1 or 4(c) 4.2 of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him or her in connection therewithwith the investigation, defense or appeal of such proceeding, or such claim, issue or matter, as the case may be, including without limitation Indemnitee’s attorneys’ fees.
Appears in 7 contracts
Samples: Employment Agreement (Teton Energy Corp), Employment Agreement (Nac Global Technologies, Inc.), Employment Agreement (Teton Energy Corp)
Determination of Right to Indemnification. (a) To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4(a), 4(b) or 4(c4(b) of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him or her in connection therewiththerewith to the extent permitted by law.
Appears in 3 contracts
Samples: Indemnity Agreement (ACA Capital Holdings Inc), Indemnity Agreement (ACA Capital Holdings Inc), Indemnity Agreement (ACA Capital Holdings Inc)
Determination of Right to Indemnification. (a) To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4(a), 4(b) or 4(c) of this Agreement 4 or in the defense of any claim, issue or matter described therein, the Indemnitee shall be entitled to indemnification from the Company and the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him or her in connection therewithwith the investigation, defense or appeal of such proceeding.
Appears in 3 contracts
Samples: Indemnity Agreement (Superior Energy Services Inc), Indemnity Agreement (Ascent Energy Inc), Indemnity Agreement (Grant Geophysical Inc)
Determination of Right to Indemnification. (a) 7.1. To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4(a), 4(b) 4.1 or 4(c) 4.2 of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him or her in connection therewithwith the investigation, defense or appeal of such proceeding, or such claim, issue or matter, as the case may be, including without limitation Indemnitee’s attorneys’ fees.
Appears in 2 contracts
Samples: Indemnity Agreement (Aftersoft Group), Indemnity Agreement (Aftersoft Group)
Determination of Right to Indemnification. (a) To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section Sections 4(a), 4(b) or 4(c4(b) of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him or her in connection therewithwith such proceeding.
Appears in 2 contracts
Samples: Indemnification Agreement (Forestar Group Inc.), Indemnification Agreement (Forestar Group Inc.)
Determination of Right to Indemnification. (a) To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding Proceeding referred to in Section 4(a), 4(b) or 4(c) of this Agreement 4 or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses Expenses actually and reasonably incurred by him or her in connection therewithwith the investigation, defense, or appeal of such Proceeding.
Appears in 2 contracts
Samples: Indemnity Agreement (Procyte Corp /Wa/), Indemnity Agreement (Procyte Corp /Wa/)
Determination of Right to Indemnification. (a) To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding Proceeding referred to in Section 4(a), 4(b) or 4(c) of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses Expenses actually and reasonably incurred by him or her in connection therewith.
Appears in 2 contracts
Samples: Indemnity Agreement (Chaparral Energy, Inc.), Indemnity Agreement (Chaparral Energy, Inc.)
Determination of Right to Indemnification. (a) To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section subsections 4(a), 4(b) or 4(c) of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him or her the Indemnitee in connection therewithwith the investigation, defense, or appeal of such proceeding.
Appears in 2 contracts
Samples: Indemnity Agreement (Imation Corp), Indemnity Agreement (Imation Corp)
Determination of Right to Indemnification. (a) 8.1 To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4(a), 4(b) 4.1 or 4(c) 4.2 of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him or her Indemnitee in connection therewithwith the investigation, defense or appeal of such proceeding, or such claim, issue or matter, as the case may be.
Appears in 1 contract
Determination of Right to Indemnification. (a) To Notwithstanding any other provision of this Agreement, to the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section Sections 4(a), 4(b) or 4(c4(b) of this Agreement or in the defense of any claim, issue or matter described therein, the Company Corporation shall indemnify the Indemnitee against expenses actually and reasonably incurred by him or her in connection therewithwith the investigation, defense, or appeal of such proceeding.
Appears in 1 contract
Samples: Indemnification Agreement (Superior Industries International Inc)
Determination of Right to Indemnification. (a) To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4(a), 4(b) 4.1 or 4(c) 4.2 of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him or her in connection therewithwith the investigation, defense or appeal of such proceeding, or such claim, issue or matter, as the case may be.
Appears in 1 contract
Determination of Right to Indemnification. (a) To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding Proceeding referred to in Section 4(a), 4(b3(a) or 4(cSection 3(b) of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses Liabilities and Expenses actually and reasonably incurred by him or her the Indemnitee in connection therewith.
Appears in 1 contract
Samples: Indemnification Agreement (Perfumania Holdings, Inc.)
Determination of Right to Indemnification. (a) To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4(a), 4(b) or 4(c4(b) of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him or her in connection therewithwith the investigation, defense or appeal of such proceeding.
Appears in 1 contract
Samples: Employment Agreement (Intuit Inc)
Determination of Right to Indemnification. (a) 8.1 To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4(a), 4(b) 4.1 or 4(c) 4.2 of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him or her [him][her] in connection therewithwith the investigation, defense or appeal of such proceeding, or such claim, issue or matter, as the case may be.
Appears in 1 contract
Samples: Indemnity Agreement (Sunshine Silver Mining & Refining Corp)
Determination of Right to Indemnification. (a) 7.1 To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4(a), 4(b) 3.1 or 4(c) 3.2 of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him or her in connection therewithwith the investigation, defense or appeal of such proceeding.
Appears in 1 contract
Samples: Indemnity Agreement (Vitalstate Inc)
Determination of Right to Indemnification. (a) To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section subsections 4(a), 4(b) ), or 4(c) of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him or her in connection therewithwith the investigation, defense, or appeal of such proceeding.
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Determination of Right to Indemnification. (a) a. To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding Proceeding referred to in Section 4(a), 4(b) or 4(c) of this Agreement or in the defense of any claim, issue or matter described thereinAgreement, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him or her in connection therewithIndemnitee’s Expenses.
Appears in 1 contract
Determination of Right to Indemnification. (a) 8.1 To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding Proceeding referred to in Section 4(a), 4(b) 4.1 or 4(c) 4.2 of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him or her in connection therewithwith the investigation, defense or appeal of such Proceeding, or such claim, issue or matter, as the case may be.
Appears in 1 contract
Determination of Right to Indemnification. (a) 7.1 To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4(a), 4(b) 3.1 or 4(c) 3.2 of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him or her in connection therewithwith the investigation, defense or appeal of such proceeding, or such claim, issue or matter, as the case may be.
Appears in 1 contract
Samples: Indemnity Agreement (Computer Programs & Systems Inc)
Determination of Right to Indemnification. (a) To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding Proceeding referred to in Section 4(aSections 3(a), 4(b) 3(b), or 4(c3(c) of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses Expenses actually and reasonably incurred by him or him/her in connection therewithwith the investigation, defense, or appeal of such Proceeding.
Appears in 1 contract
Determination of Right to Indemnification. (a) 7.1 To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4(a), 4(b) 3.1 or 4(c) 3.2 of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by him or her in connection therewith.with the investigation, defense or appeal of such proceeding,
Appears in 1 contract
Samples: Indemnity Agreement (Allied Healthcare International Inc)