Limitation on Indemnity. Notwithstanding anything contained herein to the contrary, the Company shall not be required hereby to indemnify the Indemnitee with respect to any action, suit, or proceeding that was initiated by the Indemnitee unless (a) such action, suit, or proceeding was initiated by the Indemnitee to enforce any rights to indemnification arising hereunder and such person shall have been formally adjudged to be entitled to indemnity by reason hereof, (b) authorized by another agreement to which the Company is a party whether heretofore or hereafter entered, or (c) otherwise ordered by the court in which the suit was brought.
Appears in 12 contracts
Samples: Employment Agreement (Diebold Inc), Director Indemnification Agreement (Gencorp Inc), Director and Officer Indemnification Agreement (Omnova Solutions Inc)
Limitation on Indemnity. Notwithstanding anything contained herein to the contrary, the Company shall not be required hereby to indemnify the Indemnitee with respect to any action, suit, or proceeding that was initiated by the Indemnitee unless (ai) such action, suit, or proceeding was initiated by the Indemnitee to enforce any rights to indemnification arising hereunder and such person shall have been formally adjudged to be entitled to indemnity by reason hereof, (bii) authorized by another agreement to which the Company is a party whether heretofore or hereafter entered, or (ciii) otherwise ordered by the court in which the suit was brought.
Appears in 8 contracts
Samples: Trust Agreement (Cliffs Natural Resources Inc.), Indemnification Agreement (Cliffs Natural Resources Inc.), Trust Agreement (Cleveland Cliffs Inc)
Limitation on Indemnity. Notwithstanding anything contained herein to the contrary, the Company shall not be required hereby to indemnify the Indemnitee with respect to any action, suit, suit or proceeding that was initiated by the Indemnitee unless (ai) such action, suit, suit or proceeding was initiated by the Indemnitee to enforce any rights to indemnification arising hereunder and such person shall have been formally adjudged to be entitled to indemnity by reason hereof, (bii) authorized by another agreement to which the Company is a party whether heretofore or hereafter entered, entered or (ciii) otherwise ordered by the court in which the suit was brought.
Appears in 4 contracts
Samples: Indemnification Agreement (Gorman Rupp Co), Indemnification Agreement (Gorman Rupp Co), Indemnification Agreement (Gorman Rupp Co)
Limitation on Indemnity. Notwithstanding anything contained herein to the contrary, the Company shall not be required hereby to indemnify the Indemnitee with respect to any action, suit, or proceeding that was initiated by the Indemnitee unless (ai) such action, suit, suit or proceeding was initiated by the Indemnitee to enforce any rights to indemnification arising hereunder and such person shall have been formally adjudged to be entitled to indemnity by reason hereof, (bii) authorized by another agreement to which the Company is a party whether heretofore or hereafter entered, or (ciii) otherwise ordered by the court in which the suit was brought.
Appears in 3 contracts
Samples: Indemnification Agreement (Brush Engineered Materials Inc), Indemnification Agreement (Brush Engineered Materials Inc), Indemnification Agreement (Brush Wellman Inc)
Limitation on Indemnity. Notwithstanding anything contained herein to the contrary, the Company shall not be required hereby to indemnify the Indemnitee with respect to any action, suit, or proceeding that was initiated by the Indemnitee unless (a( i ) such action, suit, or proceeding was initiated by the Indemnitee to enforce any rights to indemnification arising hereunder and such person shall have been formally adjudged to be entitled to indemnity by reason hereof, ; (bii) authorized by another agreement to which the Company is a party whether heretofore or hereafter entered, or (ciii) otherwise ordered by the court in which the suit was brought.
Appears in 2 contracts
Samples: Indemnification Agreement (Caliber System Inc), Indemnification Agreement (Caliber System Inc)
Limitation on Indemnity. Notwithstanding anything contained herein to the contrary, the Company shall not be required hereby to indemnify the Indemnitee with respect to any action, suit, or proceeding that was initiated by the Indemnitee unless (ai) such action, . suit, or proceeding was initiated by the Indemnitee to enforce any rights to indemnification arising hereunder and such person shall have been formally adjudged to be entitled to indemnity by reason hereof, (bii) authorized by another agreement to which the Company is a party whether heretofore or hereafter entered, or (ciii) otherwise ordered by the court in which the suit was brought.
Appears in 2 contracts
Samples: Trust Agreement (Cleveland Cliffs Inc), Trust Agreement (Cleveland Cliffs Inc)
Limitation on Indemnity. Notwithstanding anything contained herein to the contrary, the Company shall not be required hereby to indemnify the Indemnitee with respect to any action, suit, proceeding or proceeding claim that was initiated by the Indemnitee unless (ai) such action, suit, proceeding or proceeding claim was initiated by the Indemnitee to enforce any rights to indemnification arising hereunder and such person shall have been formally adjudged to be entitled to indemnity by reason hereof, (bii) authorized by another agreement to which the Company is a party whether heretofore or hereafter entered, or (ciii) otherwise ordered by the court in which the suit was brought.
Appears in 1 contract
Samples: Director and Officer Indemnification Agreement (Sparton Corp)
Limitation on Indemnity. Notwithstanding anything contained herein to the contrary, the Company shall not be required hereby to indemnify the Indemnitee indemnitee with respect to any action, suit, or proceeding that was initiated by the Indemnitee unless (ai) such action, suit, or proceeding was initiated by the Indemnitee to enforce any rights to indemnification arising hereunder and such person shall have been formally adjudged to be entitled to indemnity by reason hereof, (bii) authorized by another agreement to which the Company is a party whether heretofore or hereafter entered, or (ciii) otherwise ordered by the court in which the suit was brought.
Appears in 1 contract
