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

Maintenance of D&O Insurance. (a) So long as the Indemnitee shall continue to serve in any capacity described in Section 2 and thereafter so long as there is any reasonable possibility that the Indemnitee shall be subject to any proceeding by reason of the fact that the indemnitee served in any of such capacities, the Company will use reasonable efforts to purchase and maintain in effect for the benefit of the Indemnitee one or more valid, binding and enforceable policies of directors' and officers' liability insurance ("D&O Insurance") providing, in all respects, coverage and amounts as reasonably determined by the Board of Directors. (b) Notwithstanding Section 5(a), the Company shall not be required to maintain D&O Insurance if such is not reasonably available or if, in the reasonable business judgment of the Board of Directors of the Company as it may exist from time to time, either (i) the premium cost for such insurance is substantially disproportionate to the amount of insurance or (ii) the coverage is so limited by exclusions that there is insufficient benefit provided by such insurance.

Maintenance of D&O Insurance. (a) So long as the Indemnitee shall continue to serve in any capacity described in Section 2 and thereafter so long as there is any reasonable possibility that the Indemnitee shall be subject to any proceeding by reason of the fact that the indemnitee Indemnitee served in any of such capacities, the Company will use reasonable efforts to purchase and maintain in effect for the benefit of the Indemnitee one or more valid, binding and enforceable policies of directors' ’ and officers' ’ liability insurance ("“D&O Insurance"”) providing, in all respects, coverage and amounts as reasonably determined by the Board of Directors. (b) Notwithstanding Section 5(a), the Company shall not be required to maintain D&O Insurance if such is not reasonably available or if, in the reasonable business judgment of the Board of Directors of the Company as it may exist from time to time, either (i) the premium cost for such insurance is substantially disproportionate to the amount of insurance or (ii) the coverage is so limited by exclusions that there is insufficient benefit provided by such insurance.

Maintenance of D&O Insurance. (a) So long as the Indemnitee shall continue to serve in any capacity described in Section 2 and thereafter so long as there is any reasonable possibility that the Indemnitee shall be subject to any proceeding by reason of the fact that the indemnitee Indemnitee served in any of such capacities, the Company will use reasonable efforts to purchase and maintain in effect for the benefit of the Indemnitee one or more valid, binding and enforceable policies of directors' and officers' liability insurance ("D&O Insurance") providing, in all respects, coverage and amounts as reasonably determined by the Board of Directors. (b) Notwithstanding Section 5(a), the Company shall not be required to maintain D&O Insurance if such is not reasonably available or if, in the reasonable business judgment of the Board of Directors of the Company as it may exist from time to time, either (i) the premium cost for such insurance is substantially disproportionate to the amount of insurance or (ii) the coverage is so limited by exclusions that there is insufficient benefit provided by such insurance.

Maintenance of D&O Insurance. (a) So long as the Indemnitee shall continue to serve in any capacity described in Section 2 and thereafter so long as there is any reasonable possibility that the Indemnitee shall be subject to any proceeding by reason of the fact that the indemnitee Indemnitee served in any of such capacities, the Company will use reasonable efforts to purchase and maintain in effect for the benefit of the Indemnitee one or more valid, binding and enforceable policies of directors' * and officers' * liability insurance ("D&O Insurance") providing, in all respects, coverage and amounts as reasonably determined by the Board of Directors. (b) Notwithstanding Section 5(a), the Company shall not be required to maintain D&O Insurance if such is not reasonably available or if, in the reasonable business judgment of the Board of Directors of the Company as it may exist from time to time, either (i) the premium cost for such insurance is substantially disproportionate to the amount of insurance or (ii) the coverage is so limited by exclusions that there is insufficient benefit provided by such insurance.

Maintenance of D&O Insurance. (a1) So long as the Indemnitee shall continue to serve in any capacity described in Section 2 and thereafter so long as there is any reasonable possibility that the Indemnitee shall be subject to any proceeding by reason of the fact that the indemnitee Indemnitee served in any of such capacities, the Company will use reasonable efforts to purchase and maintain in effect for the benefit of the Indemnitee one or more valid, binding and enforceable policies of directors' and officers' liability insurance ("D&O Insurance") providing, in all respects, coverage and amounts as reasonably determined by the Board of Directors. (b2) Notwithstanding Section 5(a), the Company shall not be required to maintain D&O Insurance if such is not reasonably available or if, in the reasonable business judgment of the Board of Directors of the Company as it may exist from time to time, either (i) the premium cost for such insurance is substantially disproportionate to the amount of insurance or (ii) the coverage is so limited by exclusions that there is insufficient benefit provided by such insurance.

Maintenance of D&O Insurance. (a) So long as the Indemnitee shall continue to serve in any capacity described in Section 2 and thereafter so long as there is any reasonable possibility that the Indemnitee shall be subject to any proceeding by reason of the fact that the indemnitee served in any of such capacities, the Company will use reasonable efforts to purchase and maintain in effect for the benefit of the Indemnitee one or more valid, binding and enforceable policies of directors' and officers' liability insurance ("D&O Insurance") providing, in all respects, coverage and amounts as reasonably determined by the Board of Directors. (b) Notwithstanding Section 5(a), the Company shall not be required to maintain D&O Insurance if such is not reasonably available or if, in the reasonable business judgment of the Board of Directors of the Company as it may exist from time to time, either (i) the premium cost for such insurance is substantially disproportionate to the amount of insurance or (ii) the coverage is so limited by exclusions that there is insufficient benefit provided by such insuranceinsurance compared with the cost thereof.

Maintenance of D&O Insurance. (a) So long as the Indemnitee shall continue to serve in any capacity described in Section 2 and thereafter so long as there is any reasonable possibility that the Indemnitee shall be subject to any proceeding by reason of the fact that the indemnitee Indemnitee served in any of such capacities, the Company will use reasonable efforts to purchase and maintain in effect for the benefit of the Indemnitee one or more valid, binding and enforceable policies of directors' directors@ and officers' officers@ liability insurance ("D&O Insurance") providing, in all respects, coverage and amounts as reasonably determined by the Board of Directors. (b) Notwithstanding Section 5(a), the Company shall not be required to maintain D&O Insurance if such is not reasonably available or if, in the reasonable business judgment of the Board of Directors of the Company as it may exist from time to time, either (i) the premium cost for such insurance is substantially disproportionate to the amount of insurance or (ii) the coverage is so limited by exclusions that there is insufficient benefit provided by such insurance.

Maintenance of D&O Insurance. (a) So long as the Indemnitee shall continue to serve in any capacity described in Section 2 2, and thereafter so long as there is any reasonable possibility that the Indemnitee shall be subject to any proceeding by reason of the fact that the indemnitee Indemnitee served in any of such capacities, the Company will use reasonable efforts to purchase and maintain in effect for the benefit of the Indemnitee one or more valid, binding and enforceable policies of directors' ’ and officers' ’ liability insurance ("“D&O Insurance"”) providing, in all respects, coverage and amounts as reasonably determined by the Board of Directors. (b) Notwithstanding Section 5(a), the Company shall not be required to maintain D&O Insurance if such is not reasonably available or if, in the reasonable business judgment of the Board of Directors of the Company as it may exist from time to time, either (i) the premium cost for such insurance is substantially disproportionate to the amount of insurance or (ii) the coverage is so limited by exclusions that there is insufficient benefit provided by such insurance.