Common use of PROCEEDINGS AGAINST COMPANY Clause in Contracts

PROCEEDINGS AGAINST COMPANY. Except as otherwise provided in this Agreement, the Executive Director shall not be entitled to payment of Indemnifiable Amounts or advancement of Indemnifiable Expenses with respect to any Proceeding brought by the Executive Director against the Company, any entity which it controls, any director or officer thereof, or any third party, unless the Company has consented to the initiation of such Proceeding. This clause shall not apply to counterclaims or affirmative defenses asserted by the Executive Director in an action brought against the Executive Director.

PROCEEDINGS AGAINST COMPANY. Except as otherwise provided in this Agreement, the Executive Director shall not be entitled to payment of Indemnifiable Amounts or advancement of Indemnifiable Expenses with respect to any Proceeding brought by the Executive Director against the Company, any entity Entity which it controls, any director or officer thereof, or any third party, unless the Company has consented to the initiation of such Proceeding. , This clause section shall not apply to counterclaims or affirmative defenses asserted by the Executive Director in an action brought against the Executive Director.

PROCEEDINGS AGAINST COMPANY. Except as otherwise provided in this Agreement, the Executive Director shall not be entitled to payment of Indemnifiable Amounts or advancement of Indemnifiable Expenses with respect to any Proceeding brought by the Executive Director against the Company, any entity Entity which it the Company controls, any director or officer thereof, or any third party, unless the Company has consented to the initiation of such Proceeding. This clause section shall not apply to counterclaims or affirmative defenses asserted by the Executive Director in an action brought against the Executive Director.