Common use of Successful Defense Clause in Contracts

Successful Defense. To the extent the Indemnitee has been ------------------ successful on the merits or otherwise in defense of any proceeding (including, without limitation, an action by or in the right of the Company) to which the Indemnitee was a party by reason of the fact that he is or was an agent of the Company at any time, against all expenses of any type whatsoever actually and reasonably incurred by him in connection with the investigation, defense or appeal of such proceeding.

Appears in 2 contracts

Sources: Indemnity Agreement (Pcorder Com Inc), Indemnity Agreement (Zhone Technologies Inc)

Successful Defense. To the extent the Indemnitee has been ------------------ successful on the merits or otherwise in defense of any proceeding Proceeding (including, without limitation, an action by or in the right of the Company) to which the Indemnitee was a party by reason of the fact that he is or was an agent of the Company Agent at any time, or by reason of anything done or not done by him in such capacity, the Company shall indemnify the Indemnitee against any and all expenses Expenses and liabilities of any type whatsoever actually and reasonably incurred by him in connection with the investigation, defense or appeal of such proceedingProceeding.

Appears in 2 contracts

Sources: Indemnification Agreement (Dorchester Minerals, L.P.), Indemnification & Liability (Dorchester Minerals Lp)

Successful Defense. To the extent the Indemnitee has been ------------------ successful on the merits or otherwise in defense of any proceeding (including, without limitation, an action by or in the right of the Company) to which the Indemnitee was a party by reason of the fact that he or she is or was an agent of the Company at any time, the Company shall indemnify the Indemnitee against all expenses of any type whatsoever actually and reasonably incurred by him Indemnitee in connection with the investigation, defense or appeal of such proceeding.

Appears in 2 contracts

Sources: Indemnity Agreement (Regal Entertainment Group), Indemnity Agreement (Regal Entertainment Group)

Successful Defense. To the extent the Indemnitee has been ------------------ successful on the merits or otherwise in defense of any proceeding (including, without limitation, an action by or in the right of the Company) to which the Indemnitee was a party by reason of the fact that he is or was an agent a director of the Company at any time, against all expenses of any type whatsoever actually and reasonably incurred by him in connection with the investigation, defense or appeal of such proceeding.

Appears in 1 contract

Sources: Indemnity Agreement (High Speed Access Corp)

Successful Defense. To the extent the Indemnitee has been ------------------ successful on the merits or otherwise in defense of any proceeding Proceeding (including, without limitation, an action by or in the right of the CompanyCorporation) to which the Indemnitee was a party by reason of the fact that he is or was an agent of the Company Agent at any time, the Corporation shall indemnify Indemnitee against all expenses of any type whatsoever actually and reasonably incurred by him in connection with the investigation, defense or appeal of such proceedingExpenses.

Appears in 1 contract

Sources: Indemnification Agreement (Treaty Oak Bancorp Inc)

Successful Defense. To the extent that the Indemnitee has been ------------------ successful successful, on the merits or otherwise otherwise, in defense of any proceeding Proceeding (including, without limitation, an action by or in the right of the Company) to in which the Indemnitee was a party by reason of the fact that he the Indemnitee is or was an agent Agent of the Company at any time, the Company shall indemnify the Indemnitee against all expenses of any type whatsoever Expenses actually and reasonably incurred by him or on behalf of the Indemnitee in connection with the investigation, defense or appeal of such proceedingProceeding.

Appears in 1 contract

Sources: Indemnity Agreement (Laureate Education, Inc.)

Successful Defense. To the extent the Indemnitee has been ------------------ successful on the merits or otherwise in defense of any proceeding (including, without limitation, an action by or in the right of the Company) to which the Indemnitee was a party by reason of the fact that he or she is or was an agent of the Company at any time, against all expenses of any type whatsoever actually and reasonably incurred by him in connection with the investigation, defense or appeal of such proceeding.

Appears in 1 contract

Sources: Indemnity Agreement (Qualcomm Inc/De)

Successful Defense. To the extent the Indemnitee has been ------------------ successful on the merits or otherwise in defense of any proceeding (including, without limitation, an action by or in the right of the Company) to which the Indemnitee was a party by reason of the fact that he is or was an agent of the Company at any time, against all expenses of any type whatsoever actually and reasonably incurred by him in connection with the investigation, defense or appeal of such proceeding.

Appears in 1 contract

Sources: Indemnification Agreement (Prandium Inc)

Successful Defense. To the extent the Indemnitee has been ------------------ successful on the merits or otherwise in defense of any proceeding Proceeding (including, without limitation, an action by or in the right of the Company) to in which the Indemnitee was a party by reason of the fact that he the Indemnitee is or was an agent Agent of the Company at any time, the Company shall indemnify the Indemnitee against all expenses of any type whatsoever Expenses actually and reasonably incurred by him the Indemnitee in connection with the investigation, defense or appeal of such proceedingProceeding.

Appears in 1 contract

Sources: Indemnification Agreement (Rae Systems Inc)

Successful Defense. To the extent the Indemnitee has been ------------------ successful on the merits or otherwise in defense of any proceeding Proceeding (including, without limitation, an action by or in the right of the Company) to which the Indemnitee was a party by reason of the fact that he is or was an agent Agent of the Company at any time, against all expenses Expenses of any type whatsoever actually and reasonably incurred by him in connection with the investigation, defense or appeal of such proceedingProceeding.

Appears in 1 contract

Sources: Indemnity Agreement (Atwood Minerals & Mining CORP.)

Successful Defense. To the extent the Indemnitee has been successful ------------------ successful on the merits or otherwise in defense of any proceeding (including, without limitation, an action by or in the right of the Company) to which the Indemnitee was a party by reason of the fact that he is or was an agent Agent of the Company at any time, against all expenses of any type whatsoever actually and reasonably incurred by him in connection with the investigation, defense or appeal of such proceeding.

Appears in 1 contract

Sources: Indemnity Agreement (Extreme Networks Inc)

Successful Defense. To the extent the Indemnitee has been ------------------ successful on the merits or otherwise in defense of any proceeding (including, without limitation, an action by or in the right of the Company) to which the Indemnitee was a party by reason of the fact that he is related, directly or was indirectly to his role as an agent of the Company at any time, against all reasonable expenses of any type whatsoever actually and reasonably incurred by him in connection with the investigation, defense or appeal of such proceeding.

Appears in 1 contract

Sources: Indemnity Agreement (Mitokor)

Successful Defense. To the extent the Indemnitee has been ------------------ successful on the merits or otherwise in defense of any proceeding (including, without limitation, an action by or in the right of the Company) to which the Indemnitee was a party by reason of the fact that he he/she is or was an agent of the Company at any time, the Company shall indemnify the Indemnitee against all expenses of any type whatsoever actually and reasonably incurred by him him/her in connection with the investigation, defense or appeal of such proceeding.

Appears in 1 contract

Sources: Indemnity Agreement (Halozyme Therapeutics Inc)

Successful Defense. To the extent the Indemnitee has been ------------------ successful on the merits or otherwise in defense of any proceeding Proceeding (including, without limitation, an action by or in the right of the Company) to which the Indemnitee was a party by reason of the fact that he is or was an agent Agent of the Company at any time, against all expenses of any type whatsoever actually and reasonably incurred by him in connection with the investigation, defense or appeal of such proceedingProceeding.

Appears in 1 contract

Sources: Indemnity Agreement (Immersion Corp)

Successful Defense. To the extent the Indemnitee has been ------------------ successful on the merits or otherwise in defense of any proceeding (including, without limitation, an action by or in the right of the Company) to which the Indemnitee was a party by reason of the fact that he is or was an agent of the Company at any time, against all expenses of any type whatsoever actually and reasonably incurred by him in connection with the investigation, defense or appeal of such proceeding.

Appears in 1 contract

Sources: Indemnification Agreement (Altra Holdings, Inc.)

Successful Defense. To the extent the Indemnitee has been ------------------ successful successful, on the merits or otherwise otherwise, in defense of any proceeding Proceeding (including, without limitation, an action by or in the right of the Company) to in which the Indemnitee was a party by reason of the fact that he the Indemnitee is or was an agent Agent of the Company at any time, the Company shall indemnify the Indemnitee against all expenses of any type whatsoever Expenses actually and reasonably incurred by him or on behalf of the Indemnitee in connection with the investigation, defense or appeal of such proceedingProceeding.

Appears in 1 contract

Sources: Indemnification & Liability (Velti PLC)

Successful Defense. To the extent the Indemnitee has been ------------------ successful on the merits or otherwise in defense of any proceeding (including, without limitation, an action by or in the right of the Company) to which the Indemnitee was a party by reason of the fact that he or she is or was an agent of the Company at any time, against all expenses of any type whatsoever actually and reasonably incurred by him or her in connection with the investigation, defense or appeal of such proceeding.

Appears in 1 contract

Sources: Indemnity Agreement (Lifevantage Corp)

Successful Defense. To the extent the Indemnitee has been ------------------ successful on the merits or otherwise in defense of any proceeding (including, without limitation, an action by or in the right of the Company) to which the Indemnitee was a party by reason of the fact that he is or was an agent Agent of the Company at any time, against all expenses of any type whatsoever actually and reasonably incurred by him in connection with the investigation, defense or appeal of such proceeding.whatsoever

Appears in 1 contract

Sources: Indemnity Agreement (Jni Corp)

Successful Defense. To the extent the Indemnitee has been ------------------ successful on the merits or otherwise in defense of any proceeding Proceeding (including, without limitation, an action by or in the right of the Company) to which the Indemnitee was a party by reason of the fact that he is or was an agent Agent of the Company at any time, the Company shall indemnify the Indemnitee against all expenses of any type whatsoever actually and reasonably incurred by him the Indemnitee in connection with the investigation, defense or appeal of such proceedingProceeding.

Appears in 1 contract

Sources: Indemnification Agreement (Exe Technologies Inc)

Successful Defense. To the extent the Indemnitee has been ------------------ successful on the merits or otherwise in defense of any proceeding (including, without limitation, an action by or in the right of the Company) to which the Indemnitee was a party by reason of the fact that he is or was an agent of the Company at any time, against all expenses of any type whatsoever actually and reasonably incurred by him in connection with the investigation, defense or appeal of such proceedingproceedings.

Appears in 1 contract

Sources: Indemnity Agreement (Pacific Gateway Exchange Inc)