Expenses of a Party Who Is Wholly or Partly Successful. Notwithstanding any other provision of this Agreement, Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by him in connection with any Proceeding to which Indemnitee is a party by reason of his Corporate Status and in which Indemnitee is successful, on the merits or otherwise. In the event that Indemnitee is not wholly successful, on the merits or otherwise, in a Proceeding but is successful, on the merits or otherwise, as to any Claim in such Proceeding, the Company shall indemnify Indemnitee against all Expenses actually and reasonably incurred by him or on his behalf relating to each Claim. For purposes of this Section 4.1 and without limitation, the termination of a Claim in a Proceeding by dismissal, with or without prejudice, shall be deemed to be a successful result as to such Claim.
Appears in 3 contracts
Samples: Indemnity Agreement (Kinetic Concepts Inc /Tx/), Indemnification Agreement (Carrizo Oil & Gas Inc), Indemnification Agreement (Carrizo Oil & Gas Inc)
Expenses of a Party Who Is Wholly or Partly Successful. Notwithstanding any other provision of this Agreement, Indemnitee shall be indemnified against all reasonable Expenses actually and reasonably incurred by him him/her in connection with any a Proceeding to in which Indemnitee is a party by reason of his his/her Corporate Status and in which Indemnitee is wholly successful, on the merits or otherwise, in the defense of such Proceeding. In the event that Indemnitee is not wholly successful, on the merits or otherwise, in a Proceeding but is successful, on the merits or otherwise, as to any Claim in such Proceeding, the Company Corporation shall indemnify Indemnitee against all reasonable Expenses actually and reasonably incurred by him him/her or on his his/her behalf relating to each such Claim. For purposes of this Section 4.1 3.1 and without limitation, the termination of a Claim in a Proceeding by dismissal, with or without prejudice, shall be deemed to be a successful result as to such Claim.
Appears in 2 contracts
Samples: Indemnification Agreement (Capital Southwest Corp), Indemnification Agreement (Amerisafe Inc)
Expenses of a Party Who Is Wholly or Partly Successful. Notwithstanding any other provision of this Agreement, Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by him in connection with any Proceeding to which Indemnitee is a party by reason of his Corporate Status and in which Indemnitee is successful, on the merits or otherwise. In the event that Indemnitee is not wholly successful, on the merits or otherwise, in a Proceeding but is successful, on the merits or otherwise, as to any Claim in such Proceeding, the Company Corporation shall indemnify Indemnitee against all Expenses actually and reasonably incurred by him or on his behalf relating to each Claim. For purposes of this Section 4.1 and without limitation, the termination of a Claim in a Proceeding by dismissal, with or without prejudice, shall be deemed to be a successful result as to such Claim.
Appears in 1 contract
Samples: Indemnification Agreement (Miller Mechanical Contractors Inc)
Expenses of a Party Who Is Wholly or Partly Successful. Notwithstanding any other provision of this Agreement, Indemnitee shall be indemnified against all reasonable Expenses actually and reasonably incurred by him him/her in connection with any Proceeding to which Indemnitee is a party by reason of his his/her Corporate Status and in which Indemnitee is wholly successful, on the merits or otherwise, in the defense of such Proceeding. In the event that Indemnitee is not wholly successful, on the merits or otherwise, in a Proceeding but is successful, on the merits or otherwise, as to any Claim in such Proceeding, the Company Corporation shall indemnify Indemnitee against all reasonable Expenses actually and reasonably incurred by him him/her or on his his/her behalf relating to each such Claim. For purposes of this Section 4.1 3.1 and without limitation, the termination of a Claim in a Proceeding by dismissal, with or without prejudice, shall be deemed to be a successful result as to such Claim.
Appears in 1 contract
Samples: Indemnification Agreement (Peerless Manufacturing Co)