Common use of Determination of Right to Indemnification Clause in Contracts

Determination of Right to Indemnification. If the payment of indemnification hereunder requires the approval of a court, the Indemnitor and/or the applicable Eligible Entity will use reasonable commercial efforts to obtain such approval, and to provide the Officer with notice of any application for such approval. If the Indemnitor and/or the applicable Eligible Entity fail to take steps to obtain such approval, the Officer may apply for such approval. Any legal costs incurred by the Officer in connection with any court proceedings seeking such approval shall also be subject to indemnification pursuant to Section 4 hereof. 14460.66030.DS1.10450400.1

Determination of Right to Indemnification. If the payment of indemnification hereunder requires the approval of a court, the Indemnitor and/or the applicable Eligible Entity will use reasonable commercial efforts to obtain such approval, and to provide the Officer Director with notice of any application for such approval. If the Indemnitor and/or the applicable Eligible Entity fail to take steps to obtain such approval, the Officer Director may apply for such approval. Any legal costs incurred by the Officer Director in connection with any court proceedings seeking such approval shall also be subject to indemnification pursuant to Section 4 hereof. 14460.66030.DS1.10450400.114460.66030.DS1.10389791.2

Determination of Right to Indemnification. If the payment of indemnification hereunder requires the approval of a court, the Indemnitor and/or the applicable Eligible Entity will use reasonable commercial efforts to obtain such approval, and to provide the Officer Director with notice of any application for such approval. If the Indemnitor and/or the applicable Eligible Entity fail to take steps to obtain such approval, the Officer Director may apply for such approval. Any legal costs incurred by the Officer Director in connection with any court proceedings seeking such approval shall also be subject to indemnification pursuant to Section 4 hereof. 14460.66030.DS1.10450400.1