Common use of Agents, Proceedings and Expenses Clause in Contracts

Agents, Proceedings and Expenses. For the purpose of this Article 13, "agent" means any person who is or was a trustee or officer of this Trust and any person who, while a trustee or officer of this Trust, is or was serving at the request of this Trust as a trustee, director, officer, partner, employee, or agent of another foreign or domestic corporation, partnership, joint venture, trust or other enterprise; "Trust" includes any domestic or foreign predecessor entity of this Trust in a merger, consolidation, or other transaction in which the predecessor's existence ceased upon consummation of the transaction; "proceeding" means any threatened, pending or completed action, claim, suit or proceeding, whether civil, criminal, administrative, or investigative (including appeals); and "expenses" includes without limitation attorney's fees, costs, judgments, amounts paid in settlement, fines, penalties and any expenses of establishing a right to indemnification under this Article.

Agents, Proceedings and Expenses. For the purpose of this Article 13, "“agent" ” means any person who is or was a trustee or officer of this Trust and any person who, while a trustee or officer of this Trust, is or was serving at the request of this Trust as a trustee, director, officer, partner, employee, or agent of another foreign or domestic corporation, partnership, joint venture, trust or other enterprise; "“Trust" ” includes any domestic or foreign predecessor entity of this Trust in a merger, consolidation, or other transaction in which the predecessor's ’s existence ceased upon consummation of the transaction; "“proceeding" ” means any threatened, pending or completed action, claim, suit or proceeding, whether civil, criminal, administrative, or investigative (including appeals); and "“expenses" ” includes without limitation attorney's ’s fees, costs, judgments, amounts paid in settlement, fines, penalties and any expenses of establishing a right to indemnification under this Article.