Common use of Production of Witnesses and Records in Connection with an Action Clause in Contracts

Production of Witnesses and Records in Connection with an Action. (a) Notwithstanding anything to the contrary in Section 4.1, from and after the Effective Time, except in the case of an adversarial Action by one party against another party, each party shall use its reasonable efforts to make available to each other party, upon written request, the former, current and future directors, officers, employees and other Representatives of the members of its respective Group as witnesses, and any books, records or other Information within its control or which it otherwise has the ability to make available, to the extent that any such Person (giving consideration to business demands of such directors, officers, employees and other Representatives) or books, records or other Information may reasonably be required in connection with any Action in which the requesting party may from time to time be involved, regardless of whether such Action is a matter with respect to which indemnification may be sought under this Agreement. Subject to Section 6.12, the requesting party shall bear all out-of-pocket costs and expenses in connection therewith.

Production of Witnesses and Records in Connection with an Action. (a) Notwithstanding anything to the contrary in Section 4.1, from and after the Effective Distribution Time, except in the case of an adversarial Action by one party Party against another partyParty, each party Party shall use its reasonable efforts to make available to each other partyParty, upon written request, the former, current and future directors, officers, employees and other Representatives of the members of its respective Group as witnesses, and any books, records or other Information within its control or which it otherwise has the ability to make available, to the extent that any such Person (giving consideration to business demands of such directors, officers, employees and other Representatives) or books, records or other Information may reasonably be required in connection with any Action in which the requesting party Party may from time to time be involved, regardless of whether such Action is a matter with respect to which indemnification may be sought under this Agreement. Subject to Section 6.12, the The requesting party Party shall bear all out-of-pocket costs and expenses in connection therewith.