Common use of Indemnitee as Plaintiff Clause in Contracts

Indemnitee as Plaintiff. Except as provided in Section 11(b), Indemnitee shall not be entitled to payment of Indemnifiable Amounts or advancement of Indemnifiable Expenses with respect to any Proceeding brought by Indemnitee against the Company, any Entity which it controls, any director or officer thereof, or any third party, unless the Board of Directors has consented to the initiation of such Proceeding or the Company provides indemnification, in its sole discretion, pursuant to the powers vested in the Company under applicable law.

Indemnitee as Plaintiff. Except as provided in Section 11(b), Indemnitee shall not be entitled to payment of Indemnifiable Amounts or advancement of Indemnifiable Expenses with respect to any Proceeding brought by Indemnitee against the Company, any Entity which it controls, any director or officer thereof, or any third party, unless the Board of Directors of the Company has consented to the initiation of such Proceeding or the Company provides indemnification, in its sole discretion, pursuant to the powers vested in the Company under applicable law.

Indemnitee as Plaintiff. Except as provided in Section 11(b)the next sentence, Indemnitee Indemnitees shall not be entitled to payment of Indemnifiable Amounts or advancement of Indemnifiable Expenses with respect to any a Proceeding brought by any Indemnitee against the Company, any Entity which it controls, any director or officer thereof, or any third party, unless the Board of Directors of the Company has consented to the initiation of such Proceeding or the Company provides indemnification, Proceeding. This Section shall not apply to affirmative defenses asserted by Indemnitee in its sole discretion, pursuant to the powers vested in the Company under applicable lawan action brought against Indemnitee.

Indemnitee as Plaintiff. Except as provided in Section 11(b), Indemnitee shall not be entitled to payment of Indemnifiable Amounts or advancement of Indemnifiable Expenses with respect to any Proceeding brought by Indemnitee against the Company, any Entity which it controls, any director or officer thereof, or any third party, unless the Board of Directors of the Company has consented to the initiation of such Proceeding or the Company provides indemnification, in its sole discretion, pursuant to the powers vested in the Company under applicable lawCompany.

Indemnitee as Plaintiff. Except as provided in Section 11(b), Indemnitee shall not be entitled to payment of Indemnifiable Amounts or advancement of Indemnifiable Expenses with respect to any Proceeding brought by Indemnitee against the CompanyFund, any Entity which it controls, any director trustee or officer thereof, or any third party, unless the Board of Directors Trustees of the Fund has consented to the initiation of such Proceeding or the Company Fund provides indemnification, in its sole discretion, pursuant to the powers vested in the Company under applicable lawFund.

Indemnitee as Plaintiff. Except as provided in Section 11(b11(c), Indemnitee shall not be entitled to payment of Indemnifiable Amounts or advancement of Indemnifiable Expenses with respect to any Proceeding brought by Indemnitee against the Company, any Entity which it controls, any director or officer thereof, or any third party, unless the Board of Directors of the Company has consented to the initiation of such Proceeding or the Company provides indemnification, in its sole discretion, pursuant to the powers vested in the Company under applicable law. 1 To be included in agreements relating to interested directors.

Indemnitee as Plaintiff. Except as provided in Section 11(b)the next sentence, Indemnitee shall not be entitled to payment of Indemnifiable Amounts or advancement of Indemnifiable Expenses with respect to any a Proceeding brought by Indemnitee against the Company, any Entity which it controls, any director or officer thereof, or any third party, unless the Board of Directors of the Company has consented to the initiation of such Proceeding or the Company provides indemnification, Proceeding. This Section shall not apply to affirmative defenses asserted by Indemnitee in its sole discretion, pursuant to the powers vested in the Company under applicable lawan action brought against Indemnitee.

Indemnitee as Plaintiff. Except as provided in Section 11(b)14 and in the next sentence, Indemnitee shall not be entitled to payment of Indemnifiable Amounts or advancement of Indemnifiable Expenses with respect to any Proceeding brought by Indemnitee against the Company, any Entity which it controls, any director or officer thereof, or any third party, unless the Board of Directors of the Company has consented to the initiation of such Proceeding Proceeding. This Section 26 shall not apply to counterclaims or the Company provides indemnification, affirmative defenses asserted by Indemnitee in its sole discretion, pursuant to the powers vested in the Company under applicable lawan action brought against Indemnitee.

Indemnitee as Plaintiff. Except as provided in Section 11(b)10(c) of this Agreement and in the next sentence, Indemnitee shall not be entitled to payment of Indemnifiable Amounts or advancement of Indemnifiable Expenses with respect to any Proceeding brought by Indemnitee against the Company, any Entity which it controls, any director or officer thereof, or any third party, unless the Board of Directors Company has consented to the initiation of such Proceeding or the Company provides indemnification, in its sole discretion, pursuant to the powers vested in the Company under applicable lawProceeding.

Indemnitee as Plaintiff. Except as provided in Section 11(b)10 of this Agreement and in the next sentence, Indemnitee shall not be entitled to payment of Indemnifiable Amounts or advancement of Indemnifiable Expenses with respect to any Proceeding brought by Indemnitee against the Company, any Entity which it controls, any director or officer thereof, or any third party, unless the Board of Directors Company has consented to the initiation of such Proceeding or the Company provides indemnification, Proceeding. This Section shall not apply to affirmative defenses asserted by Indemnitee in its sole discretion, pursuant to the powers vested in the Company under applicable lawan action brought against Indemnitee.

Indemnitee as Plaintiff. Except as provided in Section 11(b)11 hereof and in the next sentence, Indemnitee shall not be entitled to payment of Indemnifiable Amounts Expenses or advancement of Indemnifiable Expenses with respect to any Proceeding brought by Indemnitee against the Company, any Entity which it controls, any director or officer thereof, or any third party, unless the Board of Directors Company has consented to the initiation of such Proceeding or the Company provides indemnification, Proceeding. This Section 20 shall not apply to affirmative defenses asserted by Indemnitee in its sole discretion, pursuant to the powers vested in the Company under applicable lawan action brought against Indemnitee.

Indemnitee as Plaintiff. Except as provided in Section 11(b), Indemnitee shall not be entitled to payment of Indemnifiable Amounts or advancement of Indemnifiable Expenses with respect to any Proceeding brought by Indemnitee against the Company, any Entity which it controls, any director trustee or officer thereof, or any third party, unless the Board of Directors Trustees of the Company has consented to the initiation of such Proceeding or the Company provides indemnification, in its sole discretion, pursuant to the powers vested in the Company under applicable lawCompany.

Indemnitee as Plaintiff. Except as provided in Section 11(b), Indemnitee shall not be entitled to payment of Indemnifiable Amounts or advancement of Indemnifiable Expenses with respect to any Proceeding brought by Indemnitee against the Company, any Entity which it controls, any director or officer thereof, or any third party, unless the Board board of Directors directors of the Company has consented to the initiation of such Proceeding or the Company provides indemnification, in its sole discretion, pursuant to the powers vested in the Company under applicable lawCompany.

Indemnitee as Plaintiff. Except as provided in Section 11(b), Indemnitee shall not be entitled to payment of Indemnifiable Amounts or advancement of Indemnifiable Expenses with respect to any Proceeding brought by Indemnitee against the CompanyFund, any Entity which it controls, any director or officer thereof, or any third party, unless the Board of Directors Trustees of the Fund has consented to the initiation of such Proceeding or the Company Fund provides indemnification, in its sole discretion, pursuant to the powers vested in the Company under applicable lawFund.