Common use of Indemnification for Expenses of Successful Party Clause in Contracts

Indemnification for Expenses of Successful Party. Notwithstanding any other provision of this Agreement to the contrary, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding referred to in Sections 2 and/or 3 of this Agreement, or in defense of any claim, issue or matter therein, including dismissal with or without prejudice, Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by Indemnitee (or on his behalf) in connection therewith. If Indemnitee is not wholly successful in any Proceeding referred to in Sections 2 and/or 3 of this Agreement, but is successful on the merits or otherwise (including dismissal with or without prejudice) as to one or more, but less than all claims, issues or matters therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by Indemnitee (or on his behalf) in connection with each successfully resolved claim, issue or matter. For purposes of this Section 5, and without limitation, the termination of any claim, issue or matter in any Proceeding referred to in Sections 2 and/or 3 of this Agreement by dismissal, with or without prejudice, shall be deemed to be a successful result as to such claim, issue or matter.

Appears in 6 contracts

Samples: Indemnity Agreement (ZaZa Energy Corp), Indemnity Agreement (Toreador Resources Corp), Indemnity Agreement (Toreador Resources Corp)

AutoNDA by SimpleDocs

Indemnification for Expenses of Successful Party. Notwithstanding any other provision of this Agreement to the contrary, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding referred to in Sections 2 3 and/or 3 4 of this Agreement, or in defense of any claim, issue or matter therein, including dismissal with or without prejudice, Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by Indemnitee (or on his behalf) in connection therewith. If Indemnitee is not wholly successful in any Proceeding referred to in Sections 2 3 and/or 3 4 of this Agreement, but is successful on the merits or otherwise (including dismissal with or without prejudice) as to one or more, but less than all claims, issues or matters therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by Indemnitee (or on his behalf) in connection with each successfully resolved claim, issue or matter. For purposes of this Section 56, and without limitation, the termination of any claim, issue or matter in any Proceeding referred to in Sections 2 3 and/or 3 4 of this Agreement by dismissal, with or without prejudice, shall be deemed to be a successful result as to such claim, issue or matter.

Appears in 6 contracts

Samples: Indemnity Agreement (Bonanza Creek Energy, Inc.), Form of Indemnity Agreement (Bonanza Creek Energy, Inc.), Indemnity Agreement (Stroud Energy Inc)

Indemnification for Expenses of Successful Party. Notwithstanding any other provision of this Agreement to the contrary, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding referred to in Sections 2 3 and/or 3 4 of this Agreement, or in defense of any claim, issue issue, or matter therein, including dismissal with or without prejudice, Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by Indemnitee (or on his behalf) in connection therewith. If Indemnitee is not wholly successful in any Proceeding referred to in Sections 2 3 and/or 3 4 of this Agreement, but is successful on the merits or otherwise (including dismissal with or without prejudice) as to one or more, but less than all claims, issues issues, or matters therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by Indemnitee (or on his behalf) in connection with each successfully resolved claim, issue or matter. For purposes of this Section 56, and without limitation, the termination of any claim, issue issue, or matter in any Proceeding referred to in Sections 2 3 and/or 3 4 of this Agreement by dismissal, with or without prejudice, shall be deemed to be a successful result as to such claim, issue issue, or matter.

Appears in 4 contracts

Samples: Indemnity Agreement (OHA Investment Corp), Indemnity Agreement (NGP Capital Resources CO), Indemnity Agreement (NGP Capital Resources CO)

Indemnification for Expenses of Successful Party. Notwithstanding any other provision of this Agreement to the contrary, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding referred to in Sections 2 3 and/or 3 4 of this Agreement, or in defense of any claim, issue or matter therein, including dismissal with or without prejudice, Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by Indemnitee (or on his behalf) in connection therewith. If Indemnitee is not wholly successful in any Proceeding referred to in Sections 2 3 and/or 3 4 of this Agreement, but is successful on the merits or otherwise (including dismissal with or without prejudice) as to one or more, but less than all claims, issues or matters therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by Indemnitee (or on his behalf) in connection with each successfully resolved claim, issue or matter. For purposes of this Section 56, and without limitation, the termination of any claim, issue or matter in any Proceeding referred to in Sections 2 3 and/or 3 4 of this Agreement by dismissal, with or without prejudice, shall be deemed to be a successful result as to such claim, issue or matter.

Appears in 2 contracts

Samples: Indemnity Agreement (Crosstex Energy Inc), Indemnity Agreement (Bionova Holding Corp)

Indemnification for Expenses of Successful Party. Notwithstanding any other provision of this Agreement to the contrary, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding referred to in Sections 2 3 and/or 3 4 of this Agreement, or in defense of any claim, issue or matter therein, including dismissal with or without prejudice, Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by Indemnitee (or on his her behalf) in connection therewith. If Indemnitee is not wholly successful in any Proceeding referred to in Sections 2 3 and/or 3 4 of this Agreement, but is successful on the merits or otherwise (including dismissal with or without prejudice) as to one or more, but less than all claims, issues or matters therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by Indemnitee (or on his her behalf) in connection with each successfully resolved claim, issue or matter. For purposes of this Section 56, and without limitation, the termination of any claim, issue or matter in any Proceeding referred to in Sections 2 3 and/or 3 4 of this Agreement by dismissal, with or without prejudice, shall be deemed to be a successful result as to such claim, issue or matter.

Appears in 1 contract

Samples: Indemnity Agreement (Civitas Resources, Inc.)

AutoNDA by SimpleDocs

Indemnification for Expenses of Successful Party. Notwithstanding any other provision of this Agreement to the contrary, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding referred to in Sections 2 3 and/or 3 4 of this Agreement, or in defense of any claim, issue or matter therein, including dismissal with or without prejudice, Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by by, or in the case of retainers, to be incurred by, Indemnitee (or on his behalf) in connection therewith. If Indemnitee is not wholly successful in any Proceeding referred to in Sections 2 3 and/or 3 4 of this Agreement, but is successful on the merits or otherwise (including dismissal with or without prejudice) as to one or more, but less than all claims, issues or matters therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by by, or in the case of retainers, to be incurred by, Indemnitee (or on his behalf) in connection with each successfully resolved claim, issue or mattermatter to the fullest extent permitted by law. For purposes of this Section 56, and without limitation, the termination of any claim, issue or matter in any Proceeding referred to in Sections 2 3 and/or 3 4 of this Agreement (i) by dismissaldismissal summary judgment, judgment on the pleading or final judgment, with or without prejudice, or (ii) by agreement without payment or assumption or admission of liability by Indemnitee, shall be deemed to be a successful determination or result as to such claim, issue or matter.

Appears in 1 contract

Samples: Amended and Restated Indemnity Agreement (Approach Resources Inc)

Indemnification for Expenses of Successful Party. Notwithstanding any other provision of this Agreement to the contrary, to the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding referred to in Sections 2 3 and/or 3 4 of this Agreement, or in defense of any claim, issue or matter therein, including dismissal with or without prejudice, Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by Indemnitee (or on his or her behalf) in connection therewith. If Indemnitee is not wholly successful in any Proceeding referred to in Sections 2 3 and/or 3 4 of this Agreement, but is successful on the merits or otherwise (including dismissal with or without prejudice) as to one or more, but less than all claims, issues or matters therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Expenses actually and reasonably incurred by Indemnitee (or on his or her behalf) in connection with each successfully resolved claim, issue or matter. For purposes of this Section 56, and without limitation, the termination of any claim, issue or matter in any Proceeding referred to in Sections 2 3 and/or 3 4 of this Agreement by dismissal, with or without prejudice, shall be deemed to be a successful result as to such claim, issue or matter.

Appears in 1 contract

Samples: Indemnity Agreement (Prairie Operating Co.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!