Insurance and Subrogation. The Company shall not be liable under the Articles of Incorporation or this Article VI to make any payment of amounts otherwise indemnifiable hereunder if, but only to the extent that, the Indemnitee has otherwise actually received such payment under any insurance policy, contract, agreement or otherwise. In the event of any payment hereunder, the Company shall be subrogated to the extent of such payment to all the rights of recovery of the Indemnitee, who shall execute all papers required and take all action reasonably requested by the Company to secure such rights, including execution of such documents as are necessary to enable the Company to bring suit to enforce such rights.
Appears in 10 contracts
Samples: Administrative Services Agreement (Redquartz Atlanta LLC), Administrative Services Agreement (Egpi Firecreek, Inc.), Plan of Merger (Green Mountain Capital Inc.)
Insurance and Subrogation. The Company Corporation shall not be liable under the Articles of Incorporation or this Article VI to make any payment of amounts otherwise indemnifiable hereunder if, but only to the extent that, the Indemnitee has otherwise actually received such payment under any insurance policy, contract, agreement or otherwise. In the event of any payment hereunder, the Company Corporation shall be subrogated to the extent of such payment to all the rights of recovery of the Indemnitee, who shall execute all papers required and take all action reasonably requested by the Company Corporation to secure such rights, including execution of such documents as are necessary to enable the Company Corporation to bring suit to enforce such rights.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Quest Resource Corp), Agreement and Plan of Merger (Pride International Inc)
Insurance and Subrogation. The Company shall not be liable under -------------------------- the Articles of Incorporation or this Article VI to make any payment of amounts otherwise indemnifiable hereunder if, but only to the extent that, the Indemnitee has otherwise actually received such payment under any insurance policy, contract, agreement or otherwise. In the event of any payment hereunder, the Company shall be subrogated to the extent of such payment to all the rights of recovery of the Indemnitee, who shall execute all papers required and take all action reasonably requested by the Company to secure such rights, including execution of such documents as are necessary to enable the Company to bring suit to enforce such rights.
Appears in 2 contracts
Samples: Escrow Agreement (Med X Systems Inc), Plan and Agreement of Merger (Atng Inc)
Insurance and Subrogation. The Company shall not be liable under ------------------------- the Articles of Incorporation or this Article VI to make any payment of amounts otherwise indemnifiable hereunder if, but only to the extent that, the Indemnitee has otherwise actually received such payment under any insurance policy, contract, agreement or otherwise. In the event of any payment hereunder, the Company shall be subrogated to the extent of such payment to all the rights of recovery of the Indemnitee, who shall execute all papers required and take all action reasonably requested by the Company to secure such rights, including execution of such documents as are necessary to enable the Company to bring suit to enforce such rights.
Appears in 2 contracts
Samples: Plan of Merger (International Development Corp), Plan and Agreement of Merger (Marmion Industries Corp)
Insurance and Subrogation. The Company shall not be liable under the Articles of Incorporation or this Article VI 14 to make any payment of amounts otherwise indemnifiable hereunder if, but only to the extent that, the an Indemnitee has otherwise actually received such payment under any insurance policy, contract, agreement or otherwise. In the event of any payment hereunder, the Company shall be subrogated to the extent of such payment to all the rights of recovery of the Indemnitee, who shall execute all papers required and take all action reasonably requested by the Company to secure such rights, including execution of such documents as are necessary to enable the Company to bring suit to enforce such rights.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Chaparral Energy, Inc.), Agreement and Plan of Merger (Edge Petroleum Corp)