Common use of Failure to Indemnify Clause in Contracts

Failure to Indemnify. If a claim for payment of any Liability, Expense or Advance under this Agreement, or pursuant to any other agreement, any resolution of the Corporation’s Board of Directors, any resolution by the Corporation’s shareholders, any provision of the Corporation’s Restated Articles of Incorporation or Restated Bylaws, or any statute or rule of law providing for indemnification, now or hereafter in effect, is not paid in full within thirty days, in the case of Liabilities and Expenses, or within five days, in the case of Advances, after a written request for payment thereof has been received by the Corporation, the Director may bring an action against the Corporation to recover the unpaid amount of such claim, together with Interest thereon.

Appears in 5 contracts

Samples: Indemnification Agreement (Us Xpress Enterprises Inc), Indemnification Agreement (New Mountain Lake Acquisition CO), Indemnification Agreement (New Mountain Lake Acquisition CO)

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