Common use of Bad Faith or Frivolous Defenses Clause in Contracts

Bad Faith or Frivolous Defenses. For Expenses incurred by Indemnitee with respect to any action instituted by or in the name of the Company against Indemnitee, if and to the extent that a court of competent jurisdiction declares or otherwise determines in a final, unappealable judgment that each of the material defenses asserted by Xxxxxxxxxx was made in bad faith or was frivolous.

Bad Faith or Frivolous Defenses. For Expenses incurred by Indemnitee with respect to any action instituted by or in the name of the Company against Indemnitee, if and to the extent that a court of competent jurisdiction declares or otherwise determines in a final, unappealable judgment that each of the material defenses asserted by Xxxxxxxxxx Indemnitee was made in bad faith or was frivolous.

Bad Faith or Frivolous Defenses. For Expenses incurred by Indemnitee with respect to any action instituted by or in the name of the Company against Indemniteethe Indemnitee to enforce or interpret this Agreement, if and to the extent that a court of competent jurisdiction the Court declares or otherwise determines in a final, unappealable judgment that each of the material defenses asserted by Xxxxxxxxxx Indemnitee was made in bad faith or was frivolous.

Bad Faith or Frivolous Defenses. For Expenses incurred by Indemnitee with respect to any action instituted by or in the name of Xxx Hortons against the Company against IndemniteeIndemnitee to enforce or interpret this Agreement, if and to the extent that a court of competent jurisdiction the Court declares or otherwise determines in a final, unappealable judgment that each of the material defenses asserted by Xxxxxxxxxx Indemnitee was made in bad faith or was frivolous.

Bad Faith or Frivolous Defenses. For Expenses incurred by Indemnitee with respect to any action instituted by or in the name of the Company against Indemniteethe Indemnitee to enforce or interpret this Agreement, if and to the extent that a court of competent jurisdiction declares or otherwise determines in a final, unappealable judgment that each of the material defenses asserted by Xxxxxxxxxx Indemnitee was made in bad faith or was frivolous.