Common use of Indemnification for Expenses Incurred in Enforcing Rights Clause in Contracts

Indemnification for Expenses Incurred in Enforcing Rights. The Company shall indemnify Indemnitee against any and all Expenses that are incurred by Indemnitee and, if requested by the Company, approved by Independent Counsel (following such Independent Counsel’s determination that Indemnitee was entitled to such Expenses under this Agreement) in connection with any action brought by Indemnitee for (i) indemnification or advance payment of Expenses by the Company under this Agreement or any other agreement or under applicable law or the Company’s Certificate of Incorporation or Bylaws now or hereafter in effect relating to indemnification for Indemnifiable Events, and/or (ii) recovery under directors’ and officers’ liability insurance policies maintained by the Company, but in the case of 5(i) and (ii), only in the event that Indemnitee ultimately is determined to be entitled to such indemnification or insurance recovery, as the case may be, under this Agreement or any other agreement or under applicable law or the Company’s Certificate of Incorporation or Bylaws now or hereafter in effect. In addition, the Company shall, if so requested by Indemnitee, advance the foregoing Expenses to Indemnitee, subject to and in accordance with Section 2(c).

Indemnification for Expenses Incurred in Enforcing Rights. The Company In addition to Indemnitee’s rights under Section 4(b)(iv), Sucampo shall indemnify Indemnitee against any and all Expenses that are incurred by Indemnitee and, if requested by the Company, approved by Independent Counsel (following such Independent Counsel’s determination that Indemnitee was entitled to such Expenses under this Agreement) in connection with any action Proceeding brought by Indemnitee forIndemnitee: (ia) for indemnification or advance payment of Expenses by the Company under this Agreement any agreement to which Sucampo or any of its Affiliates is a party (other agreement than this Agreement) or under applicable law law, Mallinckrodt plc’s Articles of Association, or the Company’s Certificate of Incorporation or Bylaws Sucampo Organizational Documents, in each case now or hereafter in effect effect, relating to indemnification or advance payment of Expenses for Indemnifiable Events, and/or (iib) for recovery under directors’ and officers’ liability insurance policies maintained by the CompanyMallinckrodt plc, but but, in the case of 5(i) and (ii)either case, only in the event that Indemnitee ultimately is determined to be entitled to such indemnification or expense advance or insurance recovery, as the case may be, under this Agreement or any other agreement or under applicable law or the Company’s Certificate of Incorporation or Bylaws now or hereafter in effect. In addition, the Company Sucampo shall, if so requested by Indemnitee, advance the foregoing Expenses and any Expenses incurred in any Proceeding brought pursuant to Section 4 to Indemnitee, subject to and in accordance with Section 2(c).

Indemnification for Expenses Incurred in Enforcing Rights. The Company In addition to Indemnitee’s rights under Section 4(b)(iv), Tyco Management shall indemnify Indemnitee against any and all Expenses that are incurred by Indemnitee and, if requested by the Company, approved by Independent Counsel (following such Independent Counsel’s determination that Indemnitee was entitled to such Expenses under this Agreement) in connection with any action brought by Indemnitee forIndemnitee: (ia) for indemnification or advance payment of Expenses by the Company under this Agreement any agreement to which Tyco Management or any of its Affiliates is a party (other agreement than this Agreement) or under applicable law law, Xxxxxxx Controls’ Articles of Association, constitution or the Company’s Certificate of Incorporation or Bylaws Tyco Management Organizational Documents now or hereafter in effect relating to indemnification or advance payment of Expenses for Indemnifiable EventsEvents (it being specified, for the avoidance of doubt, that this clause (a) shall not be deemed to provide Indemnitee with a right to the indemnification or advance payment of Expenses being sought in such action), and/or (iib) for recovery under directors’ and officers’ liability insurance policies maintained by the CompanyXxxxxxx Controls, but but, in the case of 5(i) and (ii)either case, only in the event that Indemnitee ultimately is determined to be entitled to such indemnification or expense advance or insurance recovery, as the case may be, under this Agreement or any other agreement or under applicable law or the Company’s Certificate of Incorporation or Bylaws now or hereafter in effect. In addition, the Company Tyco Management shall, if so requested by Indemnitee, advance the foregoing Expenses and any Expenses incurred in any action brought pursuant to Section 4 to Indemnitee, subject to and in accordance with Section 2(c).

Indemnification for Expenses Incurred in Enforcing Rights. The Company In addition to Indemnitee’s rights under Section 4(b)(iv), Xxxxxxx Controls shall indemnify Indemnitee to the fullest extent permitted by law against any and all Expenses that are incurred by Indemnitee and, if requested by the Company, approved by Independent Counsel (following such Independent Counsel’s determination that Indemnitee was entitled to such Expenses under this Agreement) in connection with any action brought by Indemnitee forIndemnitee: (ia) for indemnification or advance payment of Expenses by the Company under this Agreement any agreement to which Xxxxxxx Controls or any of its Affiliates is a party (other agreement than this Agreement) or under applicable law law, Xxxxxxx Controls’ Articles of Association, constitution or the Company’s Certificate of Incorporation or Bylaws Tyco Management Organizational Documents now or hereafter in effect relating to indemnification or advance payment of Expenses for Indemnifiable EventsEvents (it being specified, for the avoidance of doubt, that this clause (a) shall not be deemed to provide Indemnitee with a right to the indemnification or advance payment of Expenses being sought in such action), and/or (iib) for recovery under directors’ and officers’ liability insurance policies maintained by the CompanyXxxxxxx Controls, but but, in the case of 5(i) and (ii)either case, only in the event that Indemnitee ultimately is determined to be entitled to such indemnification or expense advance or insurance recovery, as the case may be, under this Agreement or any other agreement or under applicable law or the Company’s Certificate of Incorporation or Bylaws now or hereafter in effect. In addition, the Company shall, if so requested by Indemnitee, advance the foregoing Expenses to Indemnitee, subject to and in accordance with Section 2(c).

Indemnification for Expenses Incurred in Enforcing Rights. The Company In addition to Indemnitee’s rights under Section 4(b)(iv), Mallinckrodt plc shall indemnify Indemnitee against any and all Expenses that are incurred by Indemnitee and, if requested by the Company, approved by Independent Counsel (following such Independent Counsel’s determination that Indemnitee was entitled to such Expenses under this Agreement) in connection with any action brought by Indemnitee forIndemnitee: (ia) for indemnification or advance payment of Expenses by the Company under this Agreement any agreement to which Mallinckrodt plc or any of its Affiliates is a party (other agreement than this Agreement) or under applicable law law, Mallinckrodt plc’s Articles of Association or the Company’s Certificate of Incorporation or Bylaws Brand Pharma Organizational Documents now or hereafter in effect relating to indemnification or advance payment of Expenses for Indemnifiable EventsEvents (it being specified, for the avoidance of doubt, that this clause (a) shall not be deemed to provide Indemnitee with a right to the indemnification or advance payment of Expenses being sought in such action), and/or (iib) for recovery under directors’ and officers’ liability insurance policies maintained by the CompanyMallinckrodt plc, but but, in the case of 5(i) and (ii)either case, only in the event that Indemnitee ultimately is determined to be entitled to such indemnification or expense advance or insurance recovery, as the case may be, under this Agreement or any other agreement or under applicable law or the Company’s Certificate of Incorporation or Bylaws now or hereafter in effect. In addition, the Company shall, if so requested by Indemnitee, advance the foregoing Expenses to Indemnitee, subject to and in accordance with Section 2(c).

Indemnification for Expenses Incurred in Enforcing Rights. The Company In addition to Indemnitee’s rights under Section 4(b)(iv), Brand Pharma shall indemnify Indemnitee against any and all Expenses that are incurred by Indemnitee and, if requested by the Company, approved by Independent Counsel (following such Independent Counsel’s determination that Indemnitee was entitled to such Expenses under this Agreement) in connection with any action brought by Indemnitee forIndemnitee: (ia) for indemnification or advance payment of Expenses by the Company under this Agreement any agreement to which Brand Pharma or any of its Affiliates is a party (other agreement than this Agreement) or under applicable law law, Mallinckrodt plc’s Articles of Association or the Company’s Certificate of Incorporation or Bylaws Brand Pharma Organizational Documents now or hereafter in effect relating to indemnification or advance payment of Expenses for Indemnifiable EventsEvents (it being specified, for the avoidance of doubt, that this clause (a) shall not be deemed to provide Indemnitee with a right to the indemnification or advance payment of Expenses being sought in such action), and/or (iib) for recovery under directors’ and officers’ liability insurance policies maintained by the CompanyMallinckrodt plc, but but, in the case of 5(i) and (ii)either case, only in the event that Indemnitee ultimately is determined to be entitled to such indemnification or expense advance or insurance recovery, as the case may be, under this Agreement or any other agreement or under applicable law or the Company’s Certificate of Incorporation or Bylaws now or hereafter in effect. In addition, the Company Brand Pharma shall, if so requested by Indemnitee, advance the foregoing Expenses and any Expenses incurred in any action brought pursuant to Section 4 to Indemnitee, subject to and in accordance with Section 2(c).

Indemnification for Expenses Incurred in Enforcing Rights. The Company In addition to Indemnitee’s rights under Section 4(b)(iv), Tyco Management shall indemnify Indemnitee against any and all Expenses that are incurred by Indemnitee and, if requested by the Company, approved by Independent Counsel (following such Independent Counsel’s determination that Indemnitee was entitled to such Expenses under this Agreement) in connection with any action brought by Indemnitee forIndemnitee: (ia) for indemnification or advance payment of Expenses by the Company under this Agreement any agreement to which Tyco Management or any of its Affiliates is a party (other agreement than this Agreement) or under applicable law law, Tyco International plc’s Articles of Association, constitution or the Company’s Certificate of Incorporation or Bylaws Tyco Management Organizational Documents now or hereafter in effect relating to indemnification or advance payment of Expenses for Indemnifiable EventsEvents (it being specified, for the avoidance of doubt, that this clause (a) shall not be deemed to provide Indemnitee with a right to the indemnification or advance payment of Expenses being sought in such action), and/or (iib) for recovery under directors’ and officers’ liability insurance policies maintained by the CompanyTyco International plc, but but, in the case of 5(i) and (ii)either case, only in the event that Indemnitee ultimately is determined to be entitled to such indemnification or expense advance or insurance recovery, as the case may be, under this Agreement or any other agreement or under applicable law or the Company’s Certificate of Incorporation or Bylaws now or hereafter in effect. In addition, the Company Tyco Management shall, if so requested by Indemnitee, advance the foregoing Expenses and any Expenses incurred in any action brought pursuant to Section 4 to Indemnitee, subject to and in accordance with Section 2(c).

Indemnification for Expenses Incurred in Enforcing Rights. The Company In addition to Indemnitee’s rights under Section 4(b)(iv), Covidien plc shall indemnify Indemnitee against any and all Expenses that are incurred by Indemnitee and, if requested by the Company, approved by Independent Counsel (following such Independent Counsel’s determination that Indemnitee was entitled to such Expenses under this Agreement) in connection with any action brought by Indemnitee forIndemnitee: (ia) for indemnification or advance payment of Expenses by the Company under this Agreement any agreement to which Covidien plc or any of its Affiliates is a party (other agreement than this Agreement) or under applicable law law, Covidien plc’s Articles of Association or the Company’s Certificate of Incorporation or Bylaws Covidien Ltd. Organizational Documents now or hereafter in effect relating to indemnification or advance payment of Expenses for Indemnifiable EventsEvents (it being specified, for the avoidance of doubt, that this clause (a) shall not be deemed to provide Indemnitee with a right to the indemnification or advance payment of Expenses being sought in such action), and/or (iib) for recovery under directors’ and officers’ liability insurance policies maintained by the CompanyCovidien plc, but but, in the case of 5(i) and (ii)either case, only in the event that Indemnitee ultimately is determined to be entitled to such indemnification or expense advance or insurance recovery, as the case may be, under this Agreement or any other agreement or under applicable law or the Company’s Certificate of Incorporation or Bylaws now or hereafter in effect. In addition, the Company shall, if so requested by Indemnitee, advance the foregoing Expenses to Indemnitee, subject to and in accordance with Section 2(c).

Indemnification for Expenses Incurred in Enforcing Rights. The Company In addition to Indemnitee’s rights under Section 4(b)(iv), Tyco International plc shall indemnify Indemnitee to the fullest extent permitted by law against any and all Expenses that are incurred by Indemnitee and, if requested by the Company, approved by Independent Counsel (following such Independent Counsel’s determination that Indemnitee was entitled to such Expenses under this Agreement) in connection with any action brought by Indemnitee forIndemnitee: (ia) for indemnification or advance payment of Expenses by the Company under this Agreement any agreement to which Tyco International plc or any of its Affiliates is a party (other agreement than this Agreement) or under applicable law law, Tyco International plc’s Articles of Association, constitution or the Company’s Certificate of Incorporation or Bylaws Tyco Management Organizational Documents now or hereafter in effect relating to indemnification or advance payment of Expenses for Indemnifiable EventsEvents (it being specified, for the avoidance of doubt, that this clause (a) shall not be deemed to provide Indemnitee with a right to the indemnification or advance payment of Expenses being sought in such action), and/or (iib) for recovery under directors’ and officers’ liability insurance policies maintained by the CompanyTyco International plc, but but, in the case of 5(i) and (ii)either case, only in the event that Indemnitee ultimately is determined to be entitled to such indemnification or expense advance or insurance recovery, as the case may be, under this Agreement or any other agreement or under applicable law or the Company’s Certificate of Incorporation or Bylaws now or hereafter in effect. In addition, the Company shall, if so requested by Indemnitee, advance the foregoing Expenses to Indemnitee, subject to and in accordance with Section 2(c).

Indemnification for Expenses Incurred in Enforcing Rights. The Company In addition to Indemnitee’s rights under Section 4(b)(iv), Covidien Ltd. shall indemnify Indemnitee against any and all Expenses that are incurred by Indemnitee and, if requested by the Company, approved by Independent Counsel (following such Independent Counsel’s determination that Indemnitee was entitled to such Expenses under this Agreement) in connection with any action brought by Indemnitee forIndemnitee: (ia) for indemnification or advance payment of Expenses by the Company under this Agreement any agreement to which Covidien Ltd. or any of its Affiliates is a party (other agreement than this Agreement) or under applicable law law, Covidien plc’s Articles of Association or the Company’s Certificate of Incorporation or Bylaws Covidien Ltd. Organizational Documents now or hereafter in effect relating to indemnification or advance payment of Expenses for Indemnifiable EventsEvents (it being specified, for the avoidance of doubt, that this clause (a) shall not be deemed to provide Indemnitee with a right to the indemnification or advance payment of Expenses being sought in such action), and/or (iib) for recovery under directors’ and officers’ liability insurance policies maintained by the CompanyCovidien plc, but but, in the case of 5(i) and (ii)either case, only in the event that Indemnitee ultimately is determined to be entitled to such indemnification or expense advance or insurance recovery, as the case may be, under this Agreement or any other agreement or under applicable law or the Company’s Certificate of Incorporation or Bylaws now or hereafter in effect. In addition, the Company Covidien Ltd. shall, if so requested by Indemnitee, advance the foregoing Expenses and any Expenses incurred in any action brought pursuant to Section 4 to Indemnitee, subject to and in accordance with Section 2(c).

Indemnification for Expenses Incurred in Enforcing Rights. The Company In addition to Indemnitee’s rights under Section 4(b)(iv), Mallinckrodt plc shall indemnify Indemnitee against any and all Expenses that are incurred by Indemnitee and, if requested by the Company, approved by Independent Counsel (following such Independent Counsel’s determination that Indemnitee was entitled to such Expenses under this Agreement) in connection with any action Proceeding brought by Indemnitee forIndemnitee: (ia) for indemnification or advance payment of Expenses by the Company under this Agreement any agreement to which Mallinckrodt plc or any of its Affiliates is a party (other agreement than this Agreement) or under applicable law or the Companylaw, Mallinckrodt plc’s Certificate Articles of Incorporation or Bylaws Association, in each case now or hereafter in effect effect, relating to indemnification or advance payment of Expenses for Indemnifiable Events, and/or (iib) for recovery under directors’ and officers’ liability insurance policies maintained by the CompanyMallinckrodt plc, but but, in the case of 5(i) and (ii)either case, only in the event that Indemnitee ultimately is determined to be entitled to such indemnification or expense advance or insurance recovery, as the case may be, under this Agreement or any other agreement or under applicable law or the Company’s Certificate of Incorporation or Bylaws now or hereafter in effect. In addition, the Company Mallinckrodt plc shall, if so requested by Indemnitee, advance the foregoing Expenses and any Expenses incurred in any Proceeding brought pursuant to Section 4 to Indemnitee, subject to and in accordance with Section 2(c).

Indemnification for Expenses Incurred in Enforcing Rights. The In addition to Indemnitee’s rights under Section 4(b)(iv), the Company shall indemnify Indemnitee against any and all Expenses that are incurred by Indemnitee and, if requested by the Company, approved by Independent Counsel (following such Independent Counsel’s determination that Indemnitee was entitled to such Expenses under this Agreement) in connection with any action brought by Indemnitee forIndemnitee: (ia) for indemnification or advance payment of Expenses by under any agreement to which the Company under this Agreement or any of its Affiliates is a party (other agreement than this Agreement) or under applicable law or the Company’s Certificate Company Bye-Laws or the Covidien plc Articles of Incorporation or Bylaws Association now or hereafter in effect relating to indemnification or advance payment of Expenses for Indemnifiable EventsEvents (it being specified, for the avoidance of doubt, that this clause (a) shall not be deemed to provide Indemnitee with a right to the indemnification or advance payment of Expenses being sought in such action), and/or (iib) for recovery under directors’ and officers’ liability insurance policies maintained by the CompanyCovidien plc, but but, in the case of 5(i) and (ii)either case, only in the event that Indemnitee ultimately is determined to be entitled to such indemnification or expense advance or insurance recovery, as the case may be, under this Agreement or any other agreement or under applicable law or the Company’s Certificate of Incorporation or Bylaws now or hereafter in effect. In addition, the Company shall, if so requested by Indemnitee, advance the foregoing Expenses and any Expenses incurred in any action brought pursuant to Section 4 to Indemnitee, subject to and in accordance with Section 2(c).

Indemnification for Expenses Incurred in Enforcing Rights. The Company In addition to Indemnitee’s rights under Section 4(b)(iv), Mallinckrodt plc shall indemnify Indemnitee against any and all Expenses that are incurred by Indemnitee and, if requested by the Company, approved by Independent Counsel (following such Independent Counsel’s determination that Indemnitee was entitled to such Expenses under this Agreement) in connection with any action Proceeding brought by Indemnitee forIndemnitee: (ia) for indemnification or advance payment of Expenses by the Company under this Agreement any agreement to which Mallinckrodt plc or any of its Affiliates is a party (other agreement than this Agreement) or under applicable law or the CompanyMallinckrodt plc’s Certificate Articles of Incorporation or Bylaws Association, in each case now or hereafter in effect effect, relating to indemnification or advance payment of Expenses for Indemnifiable Events, and/or (iib) for recovery under directors’ and officers’ liability insurance policies maintained by the CompanyMallinckrodt plc, but but, in the case of 5(i) and (ii)either case, only in the event that Indemnitee ultimately is determined to be entitled to such indemnification or expense advance or insurance recovery, as the case may be, under this Agreement or any other agreement or under applicable law or the Company’s Certificate of Incorporation or Bylaws now or hereafter in effect. In addition, the Company Mallinckrodt plc shall, if so requested by Indemnitee, advance the foregoing Expenses and any Expenses incurred in any Proceeding brought pursuant to Section 4 to Indemnitee, subject to and in accordance with Section 2(c).