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, or (b) otherwise ordered by the court in which the suit was brought.
Appears in 11 contracts
Samples: Director Indemnification Agreement (Oglebay Norton Co /Ohio/), Director Indemnification Agreement (Oglebay Norton Co /Ohio/), Officer Indemnification Agreement (Oglebay Norton Co /Ohio/)
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, or (b) otherwise ordered by the court in which the suit was brought.or
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, 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, or (b) otherwise ordered authorized by the court in which the suit was brought.another
Appears in 1 contract
Samples: 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, suit or proceeding was initiated by the Indemnitee to enforce any rights to indemnification arising hereunder and such person shall have been formally adjudged hereunder, (ii) authorized by another agreement to be entitled to indemnity by reason hereofwhich the Company is a party whether heretofore or hereafter entered, or (biii) otherwise ordered by the court in which the suit was brought.
Appears in 1 contract
