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.

Appears in 5 contracts

Samples: Indemnification Agreement (LGAM Private Credit LLC), Indemnification Agreement (North Haven Private Income Fund a LLC), Indemnification Agreement (North Haven Private Income Fund LLC)

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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.

Appears in 3 contracts

Samples: Indemnification Agreement (Kayne DL 2021, Inc.), Indemnification Agreement (Kayne Anderson BDC, LLC), Indemnification Agreement (Morgan Stanley Direct Lending Fund LLC)

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.

Appears in 3 contracts

Samples: Indemnification Agreement (Commonwealth Credit Partners BDC I, Inc.), Indemnification Agreement (Stone Point Capital Credit LLC), Indemnification Agreement (Muzinich BDC, Inc.)

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.

Appears in 2 contracts

Samples: Indemnification Agreement (Corporate Capital Trust, Inc.), Indemnification Agreement (Corporate Capital Trust, Inc.)

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.

Appears in 2 contracts

Samples: Indemnification Agreement (Stone Point Credit Income Fund), Indemnification Agreement (Investcorp US Institutional Private Credit Fund)

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.

Appears in 1 contract

Samples: Indemnification Agreement (Comvest Credit Partners BDC Fund, L.P.)

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.

Appears in 1 contract

Samples: Indemnification Agreement (Private Business Inc)

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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.

Appears in 1 contract

Samples: Indemnification Agreement (Bsi2000 Inc)

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.

Appears in 1 contract

Samples: Indemnification Agreement (Stellus Private Credit BDC)

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.

Appears in 1 contract

Samples: Indemnification Agreement (Muzinich Corporate Lending Income Fund, Inc.)

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