Mandatory Indemnification; Indemnification as a Witness. (i) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim in accordance with Section 3 to the fullest extent allowable by law, and no Standard of Conduct Determination (as defined in Section 9(b)) shall be required. (ii) To the extent that Indemnitee’s involvement in an Indemnifiable Claim is to prepare to serve and serve as a witness, and not as a party, the Indemnitee shall be indemnified against all Indemnifiable Losses incurred in connection therewith to the fullest extent allowable by law, and no Standard of Conduct Determination (as defined in Section 9(b)) shall be required.
Appears in 4 contracts
Samples: Director and Officer Indemnification Agreement (Crestwood Midstream Partners LP), Director and Officer Indemnification Agreement (Crestwood Equity Partners LP), Director and Officer Indemnification Agreement (Crestwood Equity Partners LP)
Mandatory Indemnification; Indemnification as a Witness. (i) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Claim relating to an Indemnifiable Claim Event or any portion thereof or in defense of any issue or matter therein, including without limitation dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from to such Indemnifiable Claim in accordance with Section 3 to the fullest extent allowable by law2, and no Standard of Conduct Determination (as defined in Section 9(b)) shall be required.
(ii) To the extent that Indemnitee’s involvement in a Claim relating to an Indemnifiable Claim Event is to prepare to serve and serve as a witness, and not as a party, the Indemnitee shall be indemnified against all Indemnifiable Losses incurred in connection therewith to the fullest extent allowable by law, law and no Standard of Conduct Determination (as defined in Section 9(b)) shall be required.
Appears in 3 contracts
Samples: Indemnification Agreement (EVO Transportation & Energy Services, Inc.), Indemnification Agreement (EVO Transportation & Energy Services, Inc.), Indemnification Agreement (Heritage Global Inc.)
Mandatory Indemnification; Indemnification as a Witness. (i) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Claim relating to an Indemnifiable Claim Event or any portion thereof or in defense of any issue or matter therein, including without limitation dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses Expenses relating to, arising out of or resulting from such Indemnifiable to the Claim in accordance with Section 3 to the fullest extent allowable by law3, and no Standard of Conduct Determination (as defined in Section 9(b)) shall be required. For purposes of this Section 9(a)(i), the term “successful on the merits or otherwise” shall mean the resolution of a Claim in any manner other than by adverse judgment against Indemnitee (including, without limitation, settlement of the Claim with or without payment of money or other consideration).
(ii) To the extent that Indemnitee’s involvement in a Claim relating to an Indemnifiable Claim Event is to prepare to serve and serve as a witness, and not as a party, the Indemnitee shall be indemnified against all Indemnifiable Losses incurred in connection therewith to the fullest extent allowable by law, law and no Standard of Conduct Determination (as defined in Section 9(b)) shall be required.
Appears in 2 contracts
Samples: Indemnification Agreement (Kulicke & Soffa Industries Inc), Indemnification Agreement (Kulicke & Soffa Industries Inc)
Mandatory Indemnification; Indemnification as a Witness. (i) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Claim relating to an Indemnifiable Claim Event or any portion thereof or in defense of any issue or matter therein, including including, without limitation, a dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from to such Indemnifiable Claim in accordance with Section 3 to the fullest extent allowable by law, law and no Standard of Conduct Determination (as defined in Section 9(b)) shall be required.
(ii) To the extent that Indemnitee’s involvement in a Claim relating to an Indemnifiable Claim Event is to prepare to serve and serve as a witness, and not as a party, the Indemnitee shall be indemnified against all Indemnifiable Losses incurred in connection therewith to the fullest extent allowable by law, law and no Standard of Conduct Determination (as defined in Section 9(b)) shall be required.
Appears in 1 contract
Mandatory Indemnification; Indemnification as a Witness. (i) To the extent that the Indemnitee shall have been successful on the merits or otherwise in defense of any Claim relating to an Indemnifiable Claim Event or any portion thereof or in defense of any issue or matter therein, including without limitation dismissal without prejudice, the Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from to such Indemnifiable Claim in accordance with Section 3 hereof to the fullest extent allowable by law, and no Standard of Conduct Determination (as defined in Section 9(b)) shall be required.
(ii) To the extent that the Indemnitee’s involvement in a Claim relating to an Indemnifiable Claim Event is to prepare to serve and serve as a witness, and not as a party, the Indemnitee shall be indemnified against all Indemnifiable Losses incurred in connection therewith to the fullest extent allowable by law, law and no Standard of Conduct Determination (as defined in Section 9(b)) shall be required.
Appears in 1 contract
Samples: Indemnification Agreement (Twin Hospitality Group Inc.)
Mandatory Indemnification; Indemnification as a Witness. (i) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Claim relating to an Indemnifiable Claim Event or any portion thereof or in defense of any issue or matter therein, including without limitation dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from to such Indemnifiable Claim in accordance with Section 3 to the fullest extent allowable by law, and no Standard of Conduct Determination (as defined in Section 9(b)) shall be required.
(ii) To the extent that Indemnitee’s involvement in a Claim relating to an Indemnifiable Claim Event is to prepare to serve and serve as a witness or potential witness, and not as a party, the Company will indemnify Indemnitee shall be indemnified against all Indemnifiable Losses Expenses actually and reasonably incurred by Indemnitee or on Indemnitee’s behalf in connection therewith to the fullest extent allowable by law, and no Standard of Conduct Determination (as defined in Section 9(b)) shall be required.
Appears in 1 contract
Mandatory Indemnification; Indemnification as a Witness. (i) To the extent that Indemnitee shall have been successful on an Indemnifiable Claim or any portion thereof, including the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, will have been resolved successfully on the merits or otherwise in favor of Indemnitee, including through a dismissal without prejudice, Indemnitee shall will be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim in accordance with Section 3 to the fullest extent allowable by law, 2 and no Standard of Conduct Determination (as defined in Section 9(b)) shall be required. In the event that a matter as to which there has been a dismissal without prejudice is later revived in the same or similar form, that matter will be treated as a new Claim for all purposes of this Agreement.
(ii) To the extent that Indemnitee’s involvement in a Claim relating to an Indemnifiable Claim is to prepare to serve and serve as a witness, and not as a party, the Indemnitee shall be indemnified against all Indemnifiable Losses incurred in connection therewith to the fullest extent allowable by law, law and no Standard of Conduct Determination (as defined in Section 9(b)) shall be required.
Appears in 1 contract
Mandatory Indemnification; Indemnification as a Witness. (i) To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Claim relating to an Indemnifiable Claim Event or any portion thereof or in defense of any issue or matter therein, including without limitation dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from to such Indemnifiable Claim in accordance with Section 3 to the fullest extent allowable by law, law and no Standard of Conduct Determination (as defined in Section 9(b)) shall be required.
(ii) To the extent that Indemnitee’s involvement in a Claim relating to an Indemnifiable Claim Event is to prepare to serve and serve as a witness, and not as a party, the Indemnitee shall be indemnified against all Indemnifiable Losses incurred in connection therewith to the fullest extent allowable by law, law and no Standard of Conduct Determination (as defined in Section 9(b)) shall be required.
Appears in 1 contract
Samples: Indemnification Agreement (Cornerstone Therapeutics Inc)