Common use of Right of Indemnitee to Indemnification Upon Application; Procedure Upon Application Clause in Contracts

Right of Indemnitee to Indemnification Upon Application; Procedure Upon Application. (a) Any indemnification under Paragraphs 3 and 4 or advance under Paragraph 6 shall be paid by the Corporation no later than 45 days after receipt of the written request of Indemnitee, unless a determination is made within said 45-day period by (i) the Board of Directors by a majority vote of a quorum consisting of directors who were not parties to the Proceeding in respect of which indemnification is being sought, or (2) independent legal counsel in a written opinion (which counsel shall be appointed by a quorum of the Board of Directors), or (3) the stockholders of the Corporation, that Indemnitee has not met the relevant standards for indemnification set forth in Paragraphs 3 and 4.

Right of Indemnitee to Indemnification Upon Application; Procedure Upon Application. (a) Any indemnification under Paragraphs 3 and 4 or advance under Paragraph Paragraphs 3, 4, 6 and/or 7 hereof shall be paid by the Corporation made no later than 45 forty-five (45) days after receipt of the written request of Indemnitee, unless a determination is made within said 45-day period by (ia) the Board of Directors of the Company by a majority vote of a quorum thereof consisting of directors who were not parties to the Proceeding in respect of which indemnification is being soughtsuch Proceedings, or (2b) independent legal counsel Independent Counsel in a written opinion (which counsel shall be appointed by if such a quorum of the Board of Directorsis not obtainable), or (3) that the stockholders of the Corporation, that Indemnitee has not met the relevant standards for indemnification set forth in Paragraphs 3 and 4.

Right of Indemnitee to Indemnification Upon Application; Procedure Upon Application. (a) Any indemnification under Paragraphs 3 and 4 or advance under Paragraph 6 this Agreement, other than pursuant to Section 5, shall be paid by the Corporation made no later than 45 days after receipt by the Corporation of the written request of Indemnitee, accompanied by substantiating documentation, unless a determination is made within said 45-day period by (i1) the Board of Directors by a majority vote of a quorum consisting of directors who are not or were not parties to the Proceeding in respect of which indemnification is being soughtsuch Proceeding, or (2) independent legal counsel in a written opinion (which counsel shall be appointed by if such a quorum of the Board of Directorsis not obtainable), or (3) the stockholders of the Corporation, that Indemnitee has not met the relevant standards for indemnification set forth in Paragraphs 3 and 4Section 3.

Right of Indemnitee to Indemnification Upon Application; Procedure Upon Application. (a) Any indemnification under Paragraphs 3 and 4 or advance under Paragraph 6 shall be paid by the Corporation Company no later than 45 days after receipt of the written request of Indemnitee, unless a determination is made within said 45-day period by (i) the Board of Directors by a majority vote of a quorum consisting of directors who were not parties to the Proceeding in respect of which indemnification is being sought, or (2) independent legal counsel in a written opinion (which counsel shall be appointed by a quorum of the Board of Directors), or (3) the stockholders of the CorporationCompany, that Indemnitee has not met the relevant standards for indemnification set forth in Paragraphs 3 and 4.