Common use of COURT ACTION Clause in Contracts

COURT ACTION. Notwithstanding any contrary determination in the specific case under Section 10.03 of this Article, and notwithstanding the absence of any determination thereunder, any manager, officer, employee or agent may apply to any court of competent jurisdiction in the State of Delaware for indemnification to the extent otherwise permissible under Sections 10.01 and 10.02 of this Article. The basis of such indemnification by a court shall be a determination by such court that indemnification of the manager, officer, employee or agent is proper in the circumstances because he has met the applicable standards of conduct set forth in Section 10.01 and 10.02 of this Article, as the case may be. Notice of any application for indemnification pursuant to this Section 10.05 shall be given to the Company promptly upon the filing of such application.

COURT ACTION. Notwithstanding any contrary determination in the specific case under Section 10.03 10.3 of this Article, and notwithstanding the absence of any determination thereunder, any manager, officer, employee or agent may apply to any court of competent jurisdiction in the State of Delaware for indemnification to the extent otherwise permissible under Sections 10.01 10.1 and 10.02 10.2 of this Article. The basis of such indemnification by a court shall be a determination by such court that indemnification of the manager, officer, employee or agent is proper in the circumstances because he has met the applicable standards of conduct set forth in Section 10.01 10.1 and 10.02 10.2 of this Article, as the case may be. Notice of any application for indemnification pursuant to this Section 10.05 10.5 shall be given to the Company promptly upon the filing of such application.