Common use of Indemnification Payments Clause in Contracts

Indemnification Payments. If at any time an indemnified party shall have requested an indemnifying party to reimburse the indemnified party for fees and expenses of counsel, such indemnifying party agrees that it shall be liable for any settlement of the nature contemplated by Section 5(a)(ii) effected without its written consent if (i) such settlement is entered into more than 45 days after receipt by such indemnifying party of the aforesaid request, (ii) such indemnifying party shall have received notice of the terms of such settlement at least 30 days prior to such settlement being entered into and (iii) such indemnifying party shall not have reimbursed such indemnified party in accordance with such request prior to the date of such settlement.

Appears in 21 contracts

Samples: Form of Registration Rights Agreement (DLC Realty Trust, Inc.), Form of Registration Rights Agreement (Schottenstein Realty Trust, Inc.), Registration Rights Agreement (Apollo Commercial Real Estate Finance, Inc.)

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Indemnification Payments. If at any time an indemnified party shall have requested an indemnifying party to reimburse the indemnified party for fees and expenses of counsel, such indemnifying party agrees that it shall be liable for any settlement of the nature contemplated by Section 5(a)(ii) effected without its written consent if (i) such settlement is entered into more than 45 forty-five (45) days after receipt by such indemnifying party of the aforesaid request, (ii) such indemnifying party shall have received notice of the terms of such settlement at least 30 thirty (30) days prior to such settlement being entered into and (iii) such indemnifying party shall not have reimbursed such indemnified party in accordance with such request prior to the date of such settlement.

Appears in 19 contracts

Samples: Registration Rights Agreement (NextDecade Corp.), Registration Rights Agreement (Halcyon Capital Management LP), Registration Rights Agreement (NextDecade Corp.)

Indemnification Payments. If at any time an indemnified party shall have requested an indemnifying party consent to reimburse any settlement of the indemnified party for fees and expenses of counselnature contemplated by Section 4.1(b), such indemnifying party agrees that it shall be liable for such settlement, including any settlement such related fees and expenses of the nature contemplated by Section 5(a)(ii) counsel, effected without its written consent if (i) such settlement is entered into more than 45 days after receipt by such indemnifying party of the aforesaid request, (ii) such indemnifying party shall have received notice of the terms of such settlement at least 30 days prior to such settlement being entered into into, and (iii) such indemnifying party shall not have reimbursed responded to such indemnified party in accordance with such request prior to the date of such settlement.

Appears in 10 contracts

Samples: Registration Rights Agreement (Safety, Income & Growth, Inc.), Registration Rights Agreement (Star Holdings), Registration Rights Agreement (Istar Inc.)

Indemnification Payments. If at any time an indemnified party shall have requested an indemnifying party consent to reimburse any settlement of the indemnified party for fees and expenses of counselnature contemplated by Sections 5(a)(ii) or 5(c), such indemnifying party agrees that it shall be liable for such settlement, including any settlement such related fees and expenses of the nature contemplated by Section 5(a)(ii) counsel, effected without its written consent if (i) such settlement is entered into more than 45 days after receipt by such indemnifying party of the aforesaid request, ; (ii) such indemnifying party shall have received notice of the terms of such settlement at least 30 days prior to such settlement being entered into into; and (iii) such indemnifying party shall not have reimbursed responded to such indemnified party in accordance with such request prior to the date of such settlement.

Appears in 4 contracts

Samples: Registration Rights Agreement (Empire State Realty Trust, Inc.), Registration Rights Agreement (Empire State Realty Trust, Inc.), Registration Rights Agreement (Empire State Realty Trust, Inc.)

Indemnification Payments. If at any time an indemnified party shall have requested an indemnifying party to reimburse the indemnified party for fees and expenses of counsel, such indemnifying party agrees that it shall be liable for any settlement of the nature contemplated by Section 5(a)(ii) effected without its written consent if (i) such settlement is entered into more than 45 forty−five (45) days after receipt by such indemnifying party of the aforesaid request, (ii) such indemnifying party shall have received notice of the terms of such settlement at least 30 thirty (30) days prior to such settlement being entered into and (iii) such indemnifying party shall not have reimbursed such indemnified party in accordance with such request prior to the date of such settlement.

Appears in 2 contracts

Samples: Registration Rights Agreement (Phibro Animal Health Corp), Registration Rights Agreement (Phibro Animal Health Corp)

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Indemnification Payments. If at any time an indemnified party shall have requested an indemnifying party consent to reimburse any settlement of the indemnified party for fees and expenses of counsel, nature contemplated by Section 4.1(b) such indemnifying party agrees that it shall be liable for such settlement, including any settlement such related fees and expenses of the nature contemplated by Section 5(a)(ii) counsel, effected without its written consent if (i) such settlement is entered into more than 45 days after receipt by such indemnifying party of the aforesaid request, (ii) such indemnifying party shall have received notice of the terms of such settlement at least 30 days prior to such settlement being entered into into, and (iii) such indemnifying party shall not have reimbursed such indemnified party in accordance with such request prior to the date of such settlement.

Appears in 1 contract

Samples: Registration Rights Agreement (Aspen REIT, Inc.)

Indemnification Payments. If at any time an indemnified party shall have requested an indemnifying party to reimburse the indemnified party for fees and expenses of counsel, such indemnifying party agrees that it shall be liable for any settlement of the nature contemplated by Section 5(a)(ii) effected without its written consent if (i) such settlement is entered into more than 45 days after receipt by such indemnifying party of the aforesaid request, (ii) such indemnifying party shall have received notice of the terms of such settlement at least 30 days prior to such settlement being entered into and (iii) such indemnifying party shall not have 14 reimbursed such indemnified party in accordance with such request prior to the date of such settlement.

Appears in 1 contract

Samples: Registration Rights Agreement (National Storage Affiliates Trust)

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