Common use of Liability Insurance and Funding Clause in Contracts

Liability Insurance and Funding. For the duration of Indemnitee's service as a Director and thereafter for so long as Indemnitee shall be subject to any pending or possible action, suit, proceeding or claim that gives rise to a right hereunder, the Company shall use commercially reasonable efforts (taking into account the scope and amount of coverage available relative to the cost thereof) to cause to be maintained in effect policies of directors' and officers' liability insurance providing coverage for Directors and officers of the Company either that (a) is at least substantially comparable in scope and amount to that provided by the Company's current policies of directors' and officers' liability insurance or (b) the premium cost of which is at least One Million Dollars ($1,000,000). The Company shall provide Indemnitee, if the Indemnitee so requests, with a copy of all directors' and officers' liability insurance applications, binders, policies, declarations, endorsements and other related materials. In all policies of directors' and officers' liability obtained by the Company, Indemnitee shall be named as an insured in such a manner as to provide Indemnitee the same rights and benefits, subject to the same limitations, as are accorded to the Company's Directors most favorably insured by such policy.

Appears in 6 contracts

Samples: Director Indemnification Agreement (Oglebay Norton Co /Ohio/), Director Indemnification Agreement (Oglebay Norton Co /Ohio/), Director Indemnification Agreement (Oglebay Norton Co /Ohio/)

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Liability Insurance and Funding. For the duration of Indemnitee's ’s service as a Director director and/or officer of the Company, and thereafter for so long as Indemnitee shall be subject to any pending or possible action, suit, proceeding or claim that gives rise to a right hereunderIndemnifiable Claim, the Company shall use commercially reasonable efforts (taking into account the scope and amount of coverage available relative to the cost thereof) to cause to be maintained in effect policies of directors' and officers' liability insurance providing coverage for Directors directors and officers of the Company either that (a) is at least substantially comparable compatible in scope and amount to that provided by the Company's ’s current policies of directors' and officers' liability insurance or (b) the premium cost of which is at least One Million Dollars ($1,000,000). The Company shall provide Indemnitee, if the Indemnitee so requests, with a copy of all directors' and officers' liability insurance applications, binders, policies, declarations, endorsements and other related materialsinsurance. In all policies of directors' and officers' liability insurance obtained by the Company, Indemnitee shall be named as an insured in such a manner as to provide Indemnitee the same rights and benefits, subject to the same limitations, as are accorded to the Company's Directors ’s directors and officers most favorably insured by such policy. Upon request, the Company will provide to Indemnitee copies of all directors’ and officers’ liability insurance applications, binders, policies, declarations, endorsements and other related materials.

Appears in 2 contracts

Samples: Indemnification Agreement (Shutterstock, Inc.), Indemnification Agreement (Shutterstock, Inc.)

Liability Insurance and Funding. For the duration of Indemnitee's service as a Director director and/or officer of the Company, and thereafter for so long as Indemnitee shall be subject to any pending or possible action, suit, proceeding or claim that gives rise to a right hereunderIndemnifiable Claim, the Company shall use commercially reasonable efforts (taking into account the scope and amount of coverage available relative to the cost thereof) to cause to be maintained in effect policies of directors' and officers' liability insurance providing coverage for Directors directors and officers of the Company either that (a) is at least substantially comparable compatible in scope and amount to that provided by the Company's current policies of directors' and officers' liability insurance or (b) the premium cost of which is at least One Million Dollars ($1,000,000). The Company shall provide Indemnitee, if the Indemnitee so requests, with a copy of all directors' and officers' liability insurance applications, binders, policies, declarations, endorsements and other related materialsinsurance. In all policies of directors' and officers' liability insurance obtained by the Company, Indemnitee shall be named covered as an insured in such a manner as to provide Indemnitee the same rights and benefits, subject to the same limitations, as are accorded to the Company's Directors directors and officers most favorably insured by such policy. Upon request, the Company will provide to Indemnitee copies of all directors' and officers' liability insurance applications, binders, policies, declarations, endorsements and other related materials.

Appears in 2 contracts

Samples: Indemnification Agreement (JMP Group LLC), Indemnification Agreement (Avaya Inc)

Liability Insurance and Funding. For the duration of Indemnitee's ’s service as a Director an officer of the Company or one of its wholly owned subsidiaries, and thereafter for so long as Indemnitee shall be subject to any pending or possible action, suit, proceeding or claim that gives rise to a right hereunder, the Company shall use commercially reasonable efforts (taking into account the scope and amount of coverage available relative to the cost thereof) to cause to be maintained in effect policies of directors' and officers' liability insurance providing coverage for Directors and officers of the Company either that (a) is at least substantially comparable in scope and amount to that provided by the Company's ’s current policies of directors' and officers' liability insurance or (b) the premium cost of which is at least One Million Dollars ($1,000,000)as much as that paid for the Company’s current policies of directors’ and liability insurance. The Company shall provide Indemnitee, if the Indemnitee so requests, with a copy of all directors' and officers' liability insurance applications, binders, policies, declarations, endorsements and other related materials. In all policies of directors' and officers' liability obtained by the Company, Indemnitee shall be named as an insured in such a manner as to provide Indemnitee the same rights and benefits, subject to the same limitations, as are accorded to the Company's ’s Directors most favorably insured by such policy.

Appears in 1 contract

Samples: Indemnification Agreement (Brush Engineered Materials Inc)

Liability Insurance and Funding. For the duration of Indemnitee's ’s service as a Director director and/or officer of the Company, and thereafter for so long as Indemnitee shall be subject to any pending or possible action, suit, proceeding or claim that gives rise to a right hereunderIndemnifiable Claim, the Company shall use commercially reasonable efforts (taking into account the scope and amount of coverage available relative to the cost thereof) to cause to be maintained in effect policies of directors' and officers' liability insurance providing coverage for Directors directors and officers of the Company either that (a) is at least substantially comparable compatible in scope and amount to that provided by the Company's ’s current policies of directors' and officers' liability insurance or (b) the premium cost of which is at least One Million Dollars ($1,000,000). The Company shall provide Indemnitee, if the Indemnitee so requests, with a copy of all directors' and officers' liability insurance applications, binders, policies, declarations, endorsements and other related materialsinsurance. In all policies of directors' and officers' liability insurance obtained by the Company, Indemnitee shall be named covered as an insured in such a manner as to provide Indemnitee the same rights and benefits, subject to the same limitations, as are accorded to the Company's Directors ’s directors and officers most favorably insured by such policy. Upon request, the Company will provide to Indemnitee copies of all directors’ and officers’ liability insurance applications, binders, policies, declarations, endorsements and other related materials.

Appears in 1 contract

Samples: Indemnification Agreement (Ooma Inc)

Liability Insurance and Funding. For the duration of Indemnitee's ’s service as a Director director and thereafter for six (6) years following the termination of Indemnitee’s service as a director (but in any event for so long as Indemnitee shall be subject to any pending or possible action, suit, proceeding or claim that gives rise to a right hereunder), the Company shall use commercially reasonable efforts (taking into account the scope and amount of coverage available relative to the cost thereof) to cause to be maintained in effect policies of directors' and officers' liability insurance providing coverage for Directors directors and officers of the Company either that (a) is at least substantially comparable in scope and amount to that provided by the Company's ’s current policies of directors' and officers' liability insurance or (b) the annual premium cost of which is at least One Million Dollars ($1,000,000)650,000. The Company shall provide Indemnitee, if the Indemnitee so requests, with a copy of all directors' and officers' liability insurance applications, binders, policies, declarations, endorsements and other related materials. In all All policies of directors' and officers' liability insurance obtained by the Company, shall name Indemnitee shall be named as an insured in such a manner as to and shall provide Indemnitee the same rights and benefits, subject to the same limitations, as are accorded to the Company's Directors ’s directors most favorably insured by such policy.

Appears in 1 contract

Samples: Indemnification Agreement (Jo-Ann Stores Inc)

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Liability Insurance and Funding. For the duration of Indemnitee's service as a Director director and/or officer of the Company, and thereafter for so long as Indemnitee shall be subject to any pending or possible action, suit, proceeding or claim that gives rise to a right hereunderIndemnifiable Claim, the Company shall use commercially reasonable efforts (taking into account the scope and amount of coverage available relative to the cost thereof) to cause to be maintained in effect policies of directors' and officers' liability insurance providing coverage for Directors directors and officers of the Company either that (a) is at least substantially comparable compatible in scope and amount to that provided by the Company's current policies of directors' and officers' liability insurance or (b) the premium cost of which is at least One Million Dollars ($1,000,000). The Company shall provide Indemnitee, if the Indemnitee so requests, with a copy of all directors' and officers' liability insurance applications, binders, policies, declarations, endorsements and other related materialsinsurance. In all policies of directors' and officers' liability insurance obtained by the Company, Indemnitee shall be named as an insured in such a manner as to provide Indemnitee the same rights and benefits, subject to the same limitations, as are accorded to the Company's Directors directors and officers most favorably insured by such policy. Upon request, the Company will provide to Indemnitee copies of all directors' and officers' liability insurance applications, binders, policies, declarations, endorsements and other related materials.

Appears in 1 contract

Samples: Indemnification Agreement (Silicon Graphics International Corp)

Liability Insurance and Funding. For the duration of Indemnitee's ’s service as a Director and thereafter for so long as Indemnitee shall be subject to any pending or possible action, suit, proceeding or claim that gives rise to a right hereunder, the Company shall use commercially reasonable efforts (taking into account the scope and amount of coverage available relative to the cost thereof) to cause to be maintained in effect policies of directors' and officers' liability insurance providing coverage for Directors and officers of the Company either that (a) is at least substantially comparable in scope and amount to that provided by the Company's ’s current policies of directors' and officers' liability insurance or (b) the premium cost of which is at least One Million Dollars ($1,000,000)as much as that paid for the Company’s current policies of directors’ and liability insurance. The Company shall provide Indemnitee, if the Indemnitee so requests, with a copy of all directors' and officers' liability insurance applications, binders, policies, declarations, endorsements and other related materials. In all policies of directors' and officers' liability obtained by the Company, Indemnitee shall be named as an insured in such a manner as to provide Indemnitee the same rights and benefits, subject to the same limitations, as are accorded to the Company's ’s Directors most favorably insured by such policy.

Appears in 1 contract

Samples: Indemnification Agreement (Brush Engineered Materials Inc)

Liability Insurance and Funding. For the duration of Indemnitee's service as a Director or an officer and thereafter for so long as Indemnitee shall be subject to any pending or possible action, suit, proceeding or claim that gives rise to a right hereunder, the Company shall use commercially reasonable efforts (taking into account the scope and amount of coverage available relative to the cost thereof) to cause to be maintained in effect policies of directors' and officers' liability insurance providing coverage for Directors and officers of the Company either that (a) is at least substantially comparable in scope and amount to that provided by the Company's current policies of directors' and officers' liability insurance or (b) the premium cost of which is at least One Million Dollars ($1,000,000). The Company shall provide Indemnitee, if the Indemnitee so requests, with a copy of all directors' and officers' liability insurance applications, binders, policies, declarations, endorsements and other related materials. In all policies of directors' and officers' liability obtained by the Company, Indemnitee shall be named as an insured in such a manner as to provide Indemnitee the same rights and benefits, subject to the same limitations, as are accorded to the Company's Directors most favorably insured by such policy.

Appears in 1 contract

Samples: Director and Officer Indemnification Agreement (Oglebay Norton Co /Ohio/)

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