Court-Ordered Indemnification. Notwithstanding any other provision of this Agreement, a court of appropriate jurisdiction, upon application of Indemnitee and such notice as the court shall require, may order indemnification of Indemnitee by the Trust in the following circumstances: (a) if such court determines that Indemnitee is entitled to reimbursement under the governing documents of the Trust, the court shall order indemnification, in which case Indemnitee shall be entitled to recover the Expenses of securing such reimbursement; or (b) such court determines that Indemnitee is fairly and reasonably entitled to indemnification in view of all the relevant circumstances, the court may order such indemnification as the court shall deem proper.
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Samples: Indemnification Agreement (Elfun Government Money Market Fund), Indemnification Agreement (Elfun Trusts), Indemnification Agreement (State Street Master Funds)
Court-Ordered Indemnification. Notwithstanding any other provision of this Agreement, a court of appropriate jurisdiction, upon application of Indemnitee and such notice as the court shall require, may order indemnification of Indemnitee by the Trust Company in the following circumstances:
(a) if such court determines that Indemnitee is entitled to reimbursement under the governing documents Section 13.1-700.1 of the TrustVSCA or any successor provision, the court shall order indemnification, in which case Indemnitee shall be entitled to recover the Expenses of securing such reimbursement; or
(b) such court determines that Indemnitee is fairly and reasonably entitled to indemnification in view of all the relevant circumstances, the court may order such indemnification as the court shall deem proper.
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Samples: Indemnification Agreement (State Street Variable Insurance Series Funds Inc), Indemnification Agreement (State Street Variable Insurance Series Funds Inc), Indemnification Agreement (State Street Variable Insurance Series Funds Inc)
Court-Ordered Indemnification. Notwithstanding any other provision of this Agreement, a court of appropriate jurisdiction, upon application of Indemnitee and such notice as the court shall require, may order indemnification of Indemnitee by the Trust in the following circumstances:
(a) if such court it determines that Indemnitee is entitled to reimbursement under the governing documents of the TrustVa. Code. Xxx § 13.1-698, et seq., the court shall order indemnification, in which case Indemnitee shall be entitled to recover the Expenses expenses of securing such reimbursement; or
(b) such court if it determines that Indemnitee is fairly and reasonably entitled to indemnification in view of all the relevant circumstances, the court may order such indemnification as the court shall deem proper.
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Court-Ordered Indemnification. Notwithstanding any other provision of this Agreement, a court of appropriate jurisdiction, upon application of Indemnitee and such notice as the court shall require, may order indemnification of Indemnitee by the Trust in the following circumstances:
(a) if such court determines that Indemnitee is entitled to reimbursement under the governing documents of the Trust, the court shall order indemnification, in which case Indemnitee shall be entitled to recover the Expenses of securing such reimbursement; or
(b) such court determines that Indemnitee is fairly and reasonably entitled to indemnification in view of all the relevant circumstances, the court may order such indemnification as the court shall deem proper.. Information Classification: Limited Access
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Samples: Indemnification Agreement (State Street Institutional Funds)
Court-Ordered Indemnification. Notwithstanding any other provision of this Agreement, a court of appropriate jurisdiction, upon application of Indemnitee and such notice as the court shall require, may order indemnification of Indemnitee by the Trust in the following circumstances:
: (a) if such court it determines that Indemnitee is entitled to reimbursement under the governing documents Section 145 of the TrustDGCL, the court shall order indemnification, in which case Indemnitee shall be entitled to recover the Expenses expenses of securing such reimbursement; or
, or (b) such court if it determines that Indemnitee is fairly and reasonably entitled to indemnification in view of all the relevant circumstances, whether or not Indemnitee has met the standards of conduct set forth in Section 145 of the DGCL, the court may order such indemnification as the court shall deem proper.
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