Indemnity If Successful. To the extent that a director, officer, employee or agent of the Corporation has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in Section 1 or 2 of this Article, or in defense of any claim, issue or matter therein, he or she shall be indemnified against expenses (including attorneys' fees) actually and reasonably incurred by him or her in connection therewith.
Appears in 2 contracts
Samples: Combination Agreement (Burlington Northern Santa Fe Corp), Rights Agreement (Burlington Northern Santa Fe Corp)
Indemnity If Successful. To the extent that a directorpresent or former manager, officer, employee or agent of the Corporation Company has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in Section 1 2.11(a) or 2 of this Article(b), or in defense of any claim, issue or matter therein, he or she shall be indemnified against expenses (including attorneys' β fees) actually and reasonably incurred by him or her in connection therewith.
Appears in 1 contract
Samples: Operating Agreement (IOC-Black Hawk Distribution Company, LLC)
Indemnity If Successful. To the extent that a directorpresent or former manager, officer, employee or agent of the Corporation Company has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in Section 1 2.11(a) or 2 of this Article(b), or in defense of any claim, issue or matter therein, he or she shall be indemnified against expenses (including attorneys' β fees) actually and reasonably incurred by him or her in connection therewith.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Rainbow Casino-Vicksburg Partnership, L.P.)