Common use of Proceedings Other Than By or In the Right of the Company Clause in Contracts

Proceedings Other Than By or In the Right of the Company. Subject to the exceptions contained in Section 4(a) below, if Indemnitee was or is a party or is threatened to be made a party to any Proceeding (other than an action by or in the right of the Company) by reason of Indemnitee’s Corporate Status, Indemnitee shall be indemnified by the Company against all Expenses and Liabilities incurred or paid by Indemnitee in connection with such Proceeding (referred to herein as “Indemnifiable Expenses” and “Indemnifiable Liabilities,” respectively, and collectively as “Indemnifiable Amounts”).

Appears in 43 contracts

Samples: Indemnification Agreement (NeuroMetrix, Inc.), Indemnification Agreement (Plug Power Inc), Indemnification Agreement (Watts Water Technologies Inc)

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Proceedings Other Than By or In the Right of the Company. Subject to the exceptions contained in Section 4(a) below, if Indemnitee was or is a party or is threatened to be made a party to any Proceeding (other than an action by or in the right of the Company) by reason of Indemnitee’s 's Corporate Status, Indemnitee shall be indemnified by the Company against all Expenses and Liabilities incurred or paid by Indemnitee in connection with such Proceeding (referred to herein as "Indemnifiable Expenses" and "Indemnifiable Liabilities," respectively, and collectively as "Indemnifiable Amounts").

Appears in 8 contracts

Samples: Indemnification Agreement (Westway Group, Inc.), Indemnification Agreement (Watts Water Technologies Inc), Indemnification Agreement (Helicos Biosciences Corp)

Proceedings Other Than By or In the Right of the Company. Subject to the exceptions contained in Section 4(a) below, if Indemnitee was or is a party or is threatened to be made a party to any Proceeding (other than an action by or in the right of the Company) by reason of Indemnitee’s Corporate Status, Indemnitee shall be indemnified by the Company against all Expenses and Liabilities incurred or paid by Indemnitee in connection with such Proceeding (referred to herein as “Indemnifiable Expenses” and “Indemnifiable Liabilities,” respectively, and collectively as “Indemnifiable Amounts”).. ​

Appears in 5 contracts

Samples: Indemnification Agreement (Watts Water Technologies Inc), Indemnification Agreement (Watts Water Technologies Inc), Indemnification Agreement (Watts Water Technologies Inc)

Proceedings Other Than By or In the Right of the Company. Subject to the exceptions contained in Section 4(a) below, if Indemnitee was or is a party or is threatened to be made a party to any Proceeding (other than an action by or in the right of the Company) by reason of Indemnitee’s Corporate Status, Indemnitee shall be indemnified by the Company against all Expenses and Liabilities incurred or paid by Indemnitee in connection with such Proceeding (referred to herein as “Indemnifiable Expenses” and “Indemnifiable Liabilities,” respectively, and collectively as “Indemnifiable Amounts”)) in connection therewith.

Appears in 4 contracts

Samples: Indemnification Agreement (Pacira BioSciences, Inc.), Indemnification Agreement (Pacira Pharmaceuticals, Inc.), Indemnification Agreement (Ikaria, Inc.)

Proceedings Other Than By or In the Right of the Company. Subject to the exceptions contained in Section 4(a) below, if Indemnitee was or is a party or is threatened to be made a party to any Proceeding (other than an action by or in the right of the Company) by reason of Indemnitee’s Corporate StatusStatus or in any way relating to a Prior Event, Indemnitee shall be indemnified by the Company against all Expenses and Liabilities incurred or paid by Indemnitee in connection with such Proceeding (referred to herein as “Indemnifiable Expenses” and “Indemnifiable Liabilities,” respectively, and collectively as “Indemnifiable Amounts”).

Appears in 3 contracts

Samples: Indemnification Agreement (Voxware Inc), Indemnification Agreement (Voxware Inc), Indemnification Agreement (IBuyDigital.com, Inc.)

Proceedings Other Than By or In the Right of the Company. Subject to the exceptions contained in Section 4(a) below, if Indemnitee was or is a party or is threatened to be made a party to any Proceeding (other than an action by or in the right of the Company) by reason of Indemnitee’s Corporate Status, Indemnitee shall be indemnified by the Company against all Expenses and Liabilities actually and reasonably incurred or paid by Indemnitee in connection with such Proceeding (referred to herein as “Indemnifiable Expenses” and “Indemnifiable Liabilities,” respectively, and collectively as “Indemnifiable Amounts”).

Appears in 3 contracts

Samples: Indemnification Agreement (NeuroMetrix, Inc.), Indemnification Agreement (NeuroMetrix, Inc.), Indemnification Agreement (NeuroMetrix, Inc.)

Proceedings Other Than By or In the Right of the Company. Subject to the exceptions contained in Section 4(a) below, if Indemnitee was or is a party or is threatened to be made a party to any Proceeding (other than an action by or in the right of the Company) by reason of such Indemnitee’s Corporate Status, the Indemnitee shall be indemnified by the Company against all Expenses and Liabilities incurred or paid by the Indemnitee in connection with such Proceeding (referred to herein as “Indemnifiable Expenses” and “Indemnifiable Liabilities,” respectively, and collectively as “Indemnifiable Amounts”).

Appears in 1 contract

Samples: Indemnification Agreement (Trustwave Holdings, Inc.)

Proceedings Other Than By or In the Right of the Company. Subject to the exceptions contained in Section 4(a3(a) below, if Indemnitee was or is a party or is threatened to be made a party to any Proceeding (other than an action a Proceeding by or in the right of the Company) by reason of Indemnitee’s Corporate Status, Indemnitee shall be indemnified by the Company against all Expenses and Liabilities incurred or paid by Indemnitee in connection with such Proceeding (referred to herein as “Indemnifiable Expenses” and “Indemnifiable Liabilities,” respectively, and collectively as “Indemnifiable Amounts”).

Appears in 1 contract

Samples: Indemnification Agreement (Mid-America Apartments, L.P.)

Proceedings Other Than By or In the Right of the Company. Subject to the exceptions contained in Section 4(a3(a) below, if Indemnitee was or is a party or is threatened to be made a party to any Proceeding (other than an action a Proceeding by or in the right of the Company) by reason of Indemnitee’s 's Corporate StatusStatus and arising out of Indemnitee's actions or failures to act in his or her capacity as a service provider of the Company, Indemnitee shall be indemnified by the Company against all Expenses and Liabilities incurred or paid by Indemnitee in connection with such Proceeding (referred to herein as "Indemnifiable Expenses" and "Indemnifiable Liabilities," respectively, and collectively as "Indemnifiable Amounts").

Appears in 1 contract

Samples: Betts Corporation Indemnification Agreement (Thomas & Betts Corp)

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Proceedings Other Than By or In the Right of the Company. Subject to the exceptions contained in Section 4(a) 4 below, if Indemnitee was or is a party or is threatened to be made a party to any Proceeding (other than an action by or in the right of the Company) by reason of Indemnitee’s Corporate Status, Indemnitee shall be indemnified by the Company against all Expenses and Liabilities incurred or paid by Indemnitee in connection with such Proceeding (referred to herein as “Indemnifiable Expenses” and “Indemnifiable Liabilities,” respectively, and collectively as “Indemnifiable Amounts”).

Appears in 1 contract

Samples: Indemnification Agreement (Bravo Brio Restaurant Group, Inc.)

Proceedings Other Than By or In the Right of the Company. Subject to the exceptions contained in Section 4(a) below, if Indemnitee was or is a party or is threatened to be made a party to any Proceeding (other than an action by or in the right of the Company) by reason of Indemnitee’s 's Corporate Status, Indemnitee shall be indemnified by the Company against all Expenses and Liabilities incurred or paid by Indemnitee in connection with such Proceeding (referred to herein as “Indemnifiable Expenses” "INDEMNIFIABLE EXPENSES" and “Indemnifiable Liabilities"INDEMNIFIABLE LIABILITIES," respectively, and collectively as “Indemnifiable Amounts”"INDEMNIFIABLE AMOUNTS").

Appears in 1 contract

Samples: Director Indemnification Agreement (PrimeWood, Inc.)

Proceedings Other Than By or In the Right of the Company. Subject to the provisions of Section 7 and the exceptions contained in Section 4(a) below), if Indemnitee was or is a party or is threatened to be made a party to any Proceeding (other than an action by or in the right of the Company) by reason of Indemnitee’s Corporate Status, Indemnitee shall be indemnified by the Company against all Expenses and Liabilities actually and reasonably incurred or paid by Indemnitee or on his behalf in connection with such Proceeding (referred to herein as “Indemnifiable Expenses” and “Indemnifiable Liabilities,” respectively, and collectively as “Indemnifiable Amounts”).

Appears in 1 contract

Samples: Director Indemnification Agreement (BJ Services, Inc.)

Proceedings Other Than By or In the Right of the Company. Subject to the exceptions contained in Section 4(a5(a) below, if Indemnitee was or is a party or is threatened to be made a party to to, or is otherwise involved in, as a witness or otherwise, any Proceeding (other than an action by or in the right of the Company) by reason of Indemnitee’s 's Corporate Status, Indemnitee shall be indemnified by the Company against all Expenses and Liabilities incurred incurred, suffered or paid by Indemnitee in connection with such Proceeding (referred to herein as "Indemnifiable Expenses" and "Indemnifiable Liabilities,” ", respectively, and collectively as "Indemnifiable Amounts").

Appears in 1 contract

Samples: Indemnification Agreement (GrowGeneration Corp.)

Proceedings Other Than By or In the Right of the Company. Subject -------------------------------------------------------- to the exceptions contained in Section 4(a) below, if Indemnitee was or is a party or is threatened to be made a party to any Proceeding (other than an action by or in the right of the Company) by reason of Indemnitee’s 's Corporate Status, Indemnitee shall be indemnified by the Company against all Expenses and Liabilities incurred or paid by Indemnitee in connection with such Proceeding (referred to herein as "Indemnifiable Expenses" and "Indemnifiable Liabilities," respectively, and collectively as "Indemnifiable Amounts").

Appears in 1 contract

Samples: Indemnification Agreement (Digitas Inc)

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