Common use of No Determination Necessary when the Indemnitee was Successful Clause in Contracts

No Determination Necessary when the Indemnitee was Successful. To the extent the Indemnitee has been successful, on the merits or otherwise, in defense of any Proceeding referred to in Sections IV.B or IV.C above or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against Expenses actually and reasonably incurred by or for the Indemnitee in connection with the investigation, defense or appeal of such Proceeding.

Appears in 16 contracts

Samples: Indemnification Agreement (CNL Strategic Capital, LLC), Indemnification Agreement (CNL Healthcare Properties, Inc.), Indemnification Agreement (CNL Healthcare Properties II, Inc.)

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No Determination Necessary when the Indemnitee was Successful. To the extent the Indemnitee has been successful, on the merits or otherwise, in defense of any Proceeding referred to in Sections IV.B IV.B. or IV.C IV.C. above or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against Expenses actually and reasonably incurred by or for the Indemnitee in connection with the investigation, defense or appeal of such Proceeding.

Appears in 5 contracts

Samples: Indemnification Agreement (CNL Hospitality Properties II, Inc.), Indemnification Agreement (CNL Income Properties Inc), Indemnification Agreement (CNL Retirement Properties Inc)

No Determination Necessary when the Indemnitee was Successful. To the extent the Indemnitee has been successful, on the merits or otherwise, in defense of any Proceeding referred to in Sections IV.B 4.2 or IV.C 4.3 above or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against Expenses actually and reasonably incurred by or for the Indemnitee him in connection with the investigation, defense or appeal of such Proceeding.

Appears in 3 contracts

Samples: Indemnification Agreement (Income Property Trust of the Americas Inc.), Indemnification Agreement (Dividend Capital Total Realty Trust Inc.), Indemnification Agreement (Industrial Income Trust Inc.)

No Determination Necessary when the Indemnitee was Successful. To the extent the Indemnitee has been successful, on the merits or otherwise, in defense of any Proceeding referred to in Sections IV.B 4.2 or IV.C 4.3 above or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against Liabilities and Expenses actually and reasonably incurred by or for the Indemnitee him in connection with the investigation, defense or appeal of such Proceeding.

Appears in 3 contracts

Samples: Employment Agreement (Vitacost.com, Inc.), Employment Agreement (Vitacost.com, Inc.), Indemnification Agreement (Vitacost.com, Inc.)

No Determination Necessary when the Indemnitee was Successful. To the extent the Indemnitee has been successful, on the merits or otherwise, in defense of any Proceeding referred to in Sections IV.B IV.B. or IV.C IV.C. above or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against Expenses actually and reasonably incurred by or for the Indemnitee in connection with the investigation, defense or appeal of such Proceeding.

Appears in 2 contracts

Samples: Indemnification Agreement (Nexxus Lighting, Inc.), Indemnification Agreement (Nexxus Lighting, Inc.)

No Determination Necessary when the Indemnitee was Successful. To the extent the Indemnitee is or has been successful, successful on the merits or otherwise, otherwise in defense of any Proceeding referred to in Sections IV.B or IV.C above Proceeding, or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against Expenses actually and reasonably incurred by or for of the Indemnitee in connection with the investigationany such Proceeding or any claim, defense issue or appeal of such Proceedingmatter therein as provided in SECTION 4.4.

Appears in 2 contracts

Samples: Indemnification Agreement (Broadbandnow Inc), Indemnification Agreement (Royal Bodycare Inc/Nv)

No Determination Necessary when the Indemnitee was Successful. To the extent the Indemnitee has been successful, on the merits or otherwise, in defense of any Proceeding referred to in Sections IV.B or IV.C 4(b) and 4(c) above or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against Indemnifiable Expenses actually and reasonably incurred by or for the Indemnitee in connection with the investigation, defense or appeal of such Proceeding.

Appears in 1 contract

Samples: Indemnification Agreement (Boston Capital Real Estate Investment Trust Inc)

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No Determination Necessary when the Indemnitee was Successful. To the extent the Indemnitee has been successful, on the merits or otherwise, in defense of any Proceeding referred to in Sections IV.B IV.B. or IV.C IV.C. above or in the defense of any claim, issue or matter described therein, the Company shall indemnify the Indemnitee against Expenses actually and reasonably incurred by or for the Indemnitee him in connection with the investigation, defense or appeal of such Proceeding.

Appears in 1 contract

Samples: Indemnification Agreement (CNL Income Properties Inc)

No Determination Necessary when the Indemnitee was Successful. To the extent the Indemnitee has been successful, on the merits or otherwise, in defense of any Proceeding referred to in Sections IV.B or IV.C above or in the defense of any claim, issue or matter described thereinin such Proceeding, the Company shall indemnify the Indemnitee against all Expenses actually and reasonably incurred by or for the Indemnitee in connection with the investigation, defense or appeal of such Proceeding.

Appears in 1 contract

Samples: Indemnification Agreement (Crescent Operating Inc)

No Determination Necessary when the Indemnitee was Successful. To the extent the Indemnitee has been successful, on the merits or otherwise, in defense of any Proceeding referred to in Sections IV.B or IV.C above or in the defense of any claim, issue or matter described thereinin such Proceeding, the Company and the Partnership jointly and severally shall indemnify the Indemnitee against all Expenses actually and reasonably incurred by or for the Indemnitee in connection with the investigation, defense or appeal of such Proceeding.

Appears in 1 contract

Samples: Indemnification Agreement (Crescent Real Estate Equities LTD Partnership)

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