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: Plan of Merger (Green Mountain Capital Inc.), Merger Agreement (Redquartz Atlanta LLC), Merger Agreement (Strategic Partners Consulting LLC)
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: Merger Agreement (Atng Inc), Merger Agreement (Med X Systems Inc)
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: Merger Agreement (Edge Petroleum Corp), Merger Agreement (Chaparral Energy, 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), Merger Agreement (Marmion Industries Corp)