Insurance Proceeds. To the extent payment is actually made to the Indemnitee under a valid and collectible insurance policy in respect of Indemnifiable Amounts in connection with such specific claim, issue or matter, Indemnitee shall not be entitled to payment of Indemnifiable Amounts hereunder except in respect of any excess beyond the amount of payment under such insurance.
Appears in 68 contracts
Samples: Indemnification Agreement (NeuroMetrix, Inc.), Indemnification Agreement (Phenomix CORP), Betts Corporation Indemnification Agreement (Thomas & Betts Corp)
Insurance Proceeds. To the extent payment is actually made to the Indemnitee under a valid and collectible insurance policy maintained at the expense of the Company in respect of Indemnifiable Amounts in connection with such specific claim, issue or matter, Indemnitee shall not be entitled to payment of Indemnifiable Amounts hereunder except in respect of any excess of such Indemnifiable Amounts beyond the amount of payment under such insurance.
Appears in 19 contracts
Samples: Indemnification Agreement (ADial Pharmaceuticals, L.L.C.), Employment Agreement (ADial Pharmaceuticals, L.L.C.), Indemnification Agreement (Egalet Corp)
Insurance Proceeds. To the extent payment is actually made to the Indemnitee under a valid and collectible insurance policy maintained at the expense of the Company in respect of Indemnifiable Amounts in connection with such specific claim, issue or matter, Indemnitee shall not be entitled to payment of Indemnifiable Amounts hereunder except in respect of any excess of such Indemnifiable Amounts beyond the amount of payment under such insurance.
Appears in 15 contracts
Samples: Indemnification Agreement (Muzinich Corporate Lending Income Fund, Inc.), Indemnification Agreement (North Haven Private Income Fund LLC), Indemnification Agreement (Commonwealth Credit Partners BDC I, Inc.)
Insurance Proceeds. To the extent payment is actually made to the Indemnitee under a valid and collectible insurance policy in respect of Indemnifiable Amounts Expenses in connection with such specific claim, issue or matter, Indemnitee shall not be entitled to payment of Indemnifiable Amounts Expenses hereunder except in respect of any excess Indemnifiable Expenses beyond the amount of payment under such insurance.
Appears in 4 contracts
Samples: Indemnification Agreement (Trustwave Holdings, Inc.), Indemnification Agreement (Trustwave Holdings, Inc.), Indemnification Agreement (Trustwave Holdings, Inc.)
Insurance Proceeds. To the extent payment is actually made to the Indemnitee under a valid and collectible insurance policy in respect of Indemnifiable Amounts Expenses in connection with such specific claim, issue or matter, Indemnitee shall not be entitled to payment of Indemnifiable Amounts Expenses hereunder except in respect of any excess beyond the amount of payment under such insurance.
Appears in 3 contracts
Samples: Indemnification Agreement (IBuyDigital.com, Inc.), Indemnification Agreement (Watts Industries Inc), Director Indemnification Agreement (PrimeWood, Inc.)
Insurance Proceeds. To the extent payment is actually made to the Indemnitee under a valid and collectible insurance policy in respect of Indemnifiable Amounts in connection with such specific claim, issue or matter, Indemnitee shall not be entitled to payment of Indemnifiable Amounts hereunder except in respect of any excess beyond the amount of payment under such insurance.
Appears in 2 contracts
Samples: Indemnification Agreement (Susa Partnership Lp), Officer Indemnification Agreement (Susa Partnership Lp)
Insurance Proceeds. To the extent payment is actually made to the Indemnitee under a valid and collectible insurance policy maintained at the expense of the Fund in respect of Indemnifiable Amounts in connection with such specific claim, issue or matter, Indemnitee shall not be entitled to payment of Indemnifiable Amounts hereunder except in respect of any excess of such Indemnifiable Amounts beyond the amount of payment under such insurance.
Appears in 2 contracts
Samples: Indemnification Agreement (Investcorp US Institutional Private Credit Fund), Indemnification Agreement (Comvest Credit Partners BDC Fund, L.P.)
Insurance Proceeds. To the extent payment is actually made to the Indemnitee under a valid and collectible insurance policy in respect of Indemnifiable Amounts Expenses in connection with such specific claim, issue or matter, Indemnitee shall not be entitled to payment of Indemnifiable Amounts Expenses hereunder except in respect of any excess beyond the amount of payment under such insurance and the amount of any deductible from such insurance...
Appears in 1 contract
Samples: Director and Officer Indemnification Agreement (Itex Corporation)
Insurance Proceeds. To the extent payment is actually made to the Indemnitee under a valid and collectible insurance policy in respect of Indemnifiable Amounts in connection with such specific claim, issue or matter, Indemnitee shall not be entitled to payment of Indemnifiable Amounts hereunder except in respect of any excess of such Indemnifiable Amounts beyond the amount of payment under such insurance.
Appears in 1 contract
Insurance Proceeds. To the extent payment is actually made to the Indemnitee under a valid and collectible insurance policy in respect of Indemnifiable Amounts in connection with such specific claim, issue or matter, Indemnitee shall not be entitled to payment of Indemnifiable lndemnifiable Amounts hereunder except as provided in Section 24 and except in respect of any excess of Indemnifiable Amounts beyond the amount of payment under such insurance; provided that the Company shall pay or reimburse all Expenses actually and reasonably incurred by Indemnitee in connection with securing such payment.
Appears in 1 contract
Insurance Proceeds. To the extent payment is actually made to the Indemnitee under a valid and collectible insurance policy in respect of Indemnifiable Amounts Indemnifable Expenses in connection with such specific claim, issue or matter, Indemnitee shall not be entitled to payment of Indemnifiable Amounts Expenses hereunder except in respect of any excess beyond the amount of payment under such insurance.
Appears in 1 contract
Samples: Securities Purchase Agreement (Ign Entertainment Inc)
Insurance Proceeds. To the extent payment is actually made to the ------------------ Indemnitee under a valid and collectible insurance policy in respect of Indemnifiable Amounts Expenses in connection with such specific claim, issue or matter, Indemnitee shall not be entitled to payment of Indemnifiable Amounts Expenses hereunder except in respect of any excess beyond the amount of payment under such insurance.
Appears in 1 contract
Samples: Director Indemnification Agreement (C Quential Inc)
Insurance Proceeds. To the extent payment is actually made to the Indemnitee under a valid and collectible insurance policy of the Company in respect of Indemnifiable Amounts in connection with such specific claim, issue or matter, Indemnitee shall not be entitled to payment of Indemnifiable Amounts hereunder except in respect of any excess beyond the amount of payment under such insurance. Notwithstanding the foregoing, Indemnitee shall not be obligated to seek recovery under any insurance policies of the Company.
Appears in 1 contract
Samples: Director Indemnification Agreement (BJ Services, Inc.)
Insurance Proceeds. To the extent payment is actually made to the Indemnitee under a valid and collectible insurance policy in with respect of to Indemnifiable Amounts Expenses in connection with such specific claim, issue or matter, Indemnitee shall not be entitled to payment of Indemnifiable Amounts Expenses hereunder except in with respect of to any excess beyond the amount of payment under such insuranceinsurance and the amount of any deductible from such insurance not otherwise paid by the Company.
Appears in 1 contract
Samples: Director and Officer Indemnification Agreement (Itex Corp)
Insurance Proceeds. To the extent payment is actually made to the Indemnitee under a valid and collectible insurance policy (excluding any policy obtained by Indemnitee for his or her own behalf) in respect of Indemnifiable Amounts in connection with such specific claim, issue or matter, Indemnitee shall not be entitled to payment of Indemnifiable Amounts hereunder except in respect of any excess beyond the amount of payment under such insurance.
Appears in 1 contract
Samples: Indemnification Agreement (Boston Properties LTD Partnership)