Common use of Maintenance of D&O Insurance Clause in Contracts

Maintenance of D&O Insurance. a. The Company hereby represents and warrants that Exhibit A contains a complete and accurate description of the policies of directors' and officers' liability insurance purchased by the Company and that such policies are in full force and effect. b. The Company hereby covenants and agrees that, so long as Executive shall continue to serve as an officer of the Company and thereafter so long as Executive shall be subject to any possible claim or threatened, pending or completed action, suit or proceeding, whether civil, criminal or investigative, by reason of the fact that Executive was an officer of the Company, the Company, subject to Section 2(d), shall maintain in full force and effect D&O Insurance. c. In all policies of D&O Insurance, Executive shall be named as an insured in such a manner as to provide Executive the same rights and benefits, subject to the same limitations, as are accorded to the Company's directors or officers most favorably insured by such policy. d. The Company shall have no obligation to maintain D&O Insurance if the Company determines in good faith that such insurance is not reasonably available, the premium costs for such insurance is disproportionate to the amount of coverage provided, or the coverage provided by such insurance is limited by exclusions so as to provide an insufficient benefit.

Maintenance of D&O Insurance. a. The Company hereby represents and warrants that Exhibit A contains a complete and accurate description of the policies of directors' and officers' liability insurance purchased by the Company and that such policies are in full force and effect. b. The Company hereby covenants and agrees that, so long as Executive Director shall continue to serve as an officer a director of the Company and thereafter so long as Executive Director shall be subject to any possible claim or threatened, pending or completed action, suit or proceeding, whether civil, criminal or investigative, by reason of the fact that Executive Director was an officer a director of the Company, the Company, subject to Section 2(d), shall maintain in full force and effect D&O Insurance. c. In all policies of D&O Insurance, Executive Director shall be named as an insured in such a manner as to provide Executive Director the same rights and benefits, subject to the same limitations, as are accorded to the Company's directors or officers most favorably insured by such policy. d. The Company shall have no obligation to maintain D&O Insurance if the Company determines in good faith that such insurance is not reasonably available, the premium costs for such insurance is disproportionate to the amount of coverage provided, or the coverage provided by such insurance is limited by exclusions so as to provide an insufficient benefit.

Maintenance of D&O Insurance. a. The Company hereby represents and warrants that Exhibit A contains a complete and accurate description of the policies of directorsDirectors' and officers' liability insurance purchased by the Company and that such policies are in full force and effect. b. The Company hereby covenants and agrees that, so long as Executive Director shall continue to serve as an officer a Director of the Company and thereafter so long as Executive Director shall be subject to any possible claim or threatened, pending or completed action, suit or proceeding, whether civil, criminal or investigative, by reason of the fact that Executive Director was an officer a Director of the Company, the Company, subject to Section 2(d), shall maintain in full force and effect D&O Insurance. c. In all policies of D&O Insurance, Executive Director shall be named as an insured in such a manner as to provide Executive Director the same rights and benefits, subject to the same limitations, as are accorded to the Company's directors Directors or officers most favorably insured by such policy. d. The Company shall have no obligation to maintain D&O Insurance if the Company determines in good faith that such insurance is not reasonably available, the premium costs for such insurance is disproportionate to the amount of coverage provided, or the coverage provided by such insurance is limited by exclusions so as to provide an insufficient benefit.

Maintenance of D&O Insurance. a. (a) The Company hereby represents and warrants that Exhibit A contains a complete and accurate description of the policies of directors' ’ and officers' ’ liability insurance purchased by the Company and that such policies are in full force and effect. b. (b) The Company hereby covenants and agrees that, so long as Executive Officer shall continue to serve as an officer of the Company and thereafter so long as Executive Officer shall be subject to any possible claim or threatened, pending or completed action, suit or proceeding, whether civil, criminal or investigative, by reason of the fact that Executive Officer was an officer of the Company, the Company, subject to Section 2(d), shall maintain in full force and effect D&O Insurance. c. (c) In all policies of D&O Insurance, Executive Officer shall be named as an insured in such a manner as to provide Executive Officer the same rights and benefits, subject to the same limitations, as are accorded to the Company's ’s directors or officers most favorably insured by such policy. d. (d) The Company shall have no obligation to maintain D&O Insurance if the Company determines in good faith that such insurance is not reasonably available, the premium costs for such insurance is disproportionate to the amount of coverage provided, or the coverage provided by such insurance is limited by exclusions so as to provide an insufficient benefit.

Maintenance of D&O Insurance. a. (a) The Company hereby represents and warrants that Exhibit A contains a complete and accurate description of the policies of directors' and officers' liability insurance purchased by the Company and that such policies are in full force and effect. b. (b) The Company hereby covenants and agrees that, so long as Executive Director shall continue to serve as an officer a director of the Company and thereafter so long as Executive Director shall be subject to any possible claim or threatened, pending or completed action, suit or proceeding, whether civil, criminal or investigative, by reason of the fact that Executive Director was an officer a director of the Company, the Company, subject to Section 2(d), shall maintain in full force and effect D&O Insurance. c. (c) In all policies of D&O Insurance, Executive Director shall be named as an insured in such a manner as to provide Executive Director the same rights and benefits, subject to the same limitations, as are accorded to the Company's directors or officers most favorably insured by such policy. d. (d) The Company shall have no obligation to maintain D&O Insurance if the Company determines in good faith that such insurance is not reasonably available, the premium costs for such insurance is disproportionate to the amount of coverage provided, or the coverage provided by such insurance is limited by exclusions so as to provide an insufficient benefit.

Maintenance of D&O Insurance. a. (a) The Company hereby represents and warrants that Exhibit A contains a complete and accurate description of the policies of directors' ’ and officers' ’ liability insurance purchased by the Company and that such policies are in full force and effect. b. (b) The Company hereby covenants and agrees that, so long as Executive Director shall continue to serve as an officer a director of the Company and thereafter so long as Executive Director shall be subject to any possible claim or threatened, pending or completed action, suit or proceeding, whether civil, criminal or investigative, by reason of the fact that Executive Director was an officer a director of the Company, the Company, subject to Section 2(d), shall maintain in full force and effect D&O Insurance. c. (c) In all policies of D&O Insurance, Executive Director shall be named as an insured in such a manner as to provide Executive Director the same rights and benefits, subject to the same limitations, as are accorded to the Company's ’s directors or officers most favorably insured by such policy. d. (d) The Company shall have no obligation to maintain D&O Insurance if the Company determines in good faith that such insurance is not reasonably available, the premium costs for such insurance is disproportionate to the amount of coverage provided, or the coverage provided by such insurance is limited by exclusions so as to provide an insufficient benefit.