Common use of Selection of Independent Legal Counsel Clause in Contracts

Selection of Independent Legal Counsel. If the Determination required under Section 4 is to be made by independent legal counsel, such counsel shall be selected by the Indemnitee with the approval of the Board, which approval shall not be unreasonably withheld. The fees and expenses incurred by counsel in making any Determination (including Determinations pursuant to Section 5.8 hereof) shall be borne solely by the Company regardless of the results of any Determination and, if requested by counsel, the Company shall give such counsel an appropriate written agreement with respect to the payment of their fees and expenses and such other matters as may be reasonably requested by counsel.

Appears in 17 contracts

Samples: Indemnification Agreement (Forefront Holdings, Inc.), Indemnification Agreement (Terremark Worldwide Inc), Indemnification Agreement (Sportsline Usa Inc)

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Selection of Independent Legal Counsel. If the Determination required under Section SECTION 4 is to be made by independent legal counsel, such counsel shall be selected by the Indemnitee Director with the approval of the Board, which approval shall not be unreasonably withheld. The fees and expenses incurred by counsel in making any Determination (including Determinations pursuant to Section SUBSECTION 5.8 hereof) shall be borne solely by the Company regardless of the results of any Determination and, if requested by counsel, the Company shall give such counsel an appropriate written agreement with respect to the payment of their fees and expenses and such other matters as may be reasonably requested by counsel.

Appears in 9 contracts

Samples: Preferred Stock Purchase Agreement (Texoil Inc /Nv/), Indemnification Agreement (Texoil Inc /Nv/), Indemnification Agreement (Texoil Inc /Nv/)

Selection of Independent Legal Counsel. If the Determination required under Section 4 is to be made by independent legal counsel, such counsel shall be selected by the Indemnitee with the approval of the Board, which approval shall not be unreasonably withheld, shall select such counsel. The fees and expenses incurred by counsel in making any Determination (including Determinations pursuant to Section 5.8 hereof) shall be borne solely by the Company regardless of the results of any Determination and, if requested by counsel, the Company shall give such counsel an appropriate written agreement with respect to the payment of their fees and expenses and such other matters as may be reasonably requested by counsel.

Appears in 6 contracts

Samples: Indemnification Agreement (Radiation Therapy Services Holdings, Inc.), Indemnification Agreement (Radiation Therapy Services Inc), Indemnification Agreement (Health & Nutrition Systems International Inc)

Selection of Independent Legal Counsel. If the Determination required under Section 4 is to be made by independent legal counsel, such counsel shall be selected by the Indemnitee Director with the approval of the Board, which approval shall not be unreasonably withheld. The fees and expenses incurred by counsel in making any Determination (including Determinations pursuant to Section 5.8 hereof) shall be borne solely by the Company regardless of the results of any Determination and, if requested by counsel, the Company shall give such counsel an appropriate written agreement with respect to the payment of their its fees and expenses and such other matters as may be reasonably requested by counsel.

Appears in 4 contracts

Samples: Indemnification Agreement (Video Jukebox Network Inc), Indemnification Agreement (Video Jukebox Network Inc), Indemnification Agreement (Video Jukebox Network Inc)

Selection of Independent Legal Counsel. If the Determination required under Section 4 5 is to be made by independent legal counsel, such counsel shall be selected by the Indemnitee with the approval of the Board, which approval shall not be unreasonably withheld. The fees and expenses incurred by counsel in making any Determination (including Determinations pursuant to Section 5.8 6.8 hereof) shall be borne solely by the Company regardless of the results of any Determination and, if requested by counsel, the Company shall give such counsel an appropriate written agreement with respect to the payment of their fees and expenses and such other matters as may be reasonably requested by counsel.

Appears in 4 contracts

Samples: Indemnification Agreement (21st Century Holding Co), Indemnification Agreement (21st Century Holding Co), Indemnification Agreement (21st Century Holding Co)

Selection of Independent Legal Counsel. If the Determination required under Section 4 5 or 6 is to be made by independent legal counsel, such counsel shall be selected by the Indemnitee with Board described in Section 5(1) hereof or the approval committee of the Board, which approval shall not be unreasonably withheldBoard described in Section 5(2) hereof. The fees and expenses incurred by counsel in making any Determination (including Determinations pursuant to Section 5.8 6.7 hereof) shall be borne solely by the Company regardless of the results of any Determination and, if requested by counsel, the Company shall give such counsel an appropriate written agreement with respect to the payment of their fees and expenses and such other matters as may be reasonably requested by counsel.

Appears in 3 contracts

Samples: Indemnification Agreement (Premier Exhibitions, Inc.), Indemnification Agreement (Premier Exhibitions, Inc.), Indemnification Agreement (Premier Exhibitions, Inc.)

Selection of Independent Legal Counsel. If the Determination required under Section 4 5 is to be made by independent legal counsel, such counsel shall be selected by the Indemnitee Executive with the approval of the BoardBoard of Directors, which approval shall not be unreasonably withheld. The fees and expenses incurred by counsel in making any Determination (including Determinations pursuant to Section 5.8 Subsection 6.8 hereof) shall be borne solely by the Company regardless of the results of any Determination and, if requested by counsel, the Company shall give such counsel an appropriate written agreement with respect to the payment of their fees and expenses and such other matters as may be reasonably requested by counsel.

Appears in 3 contracts

Samples: Indemnification Agreement (Asd Group Inc), Form of Indemnification Agreement (Cybear Inc), Indemnification Agreement (Onlinetradinginc Com Corp)

Selection of Independent Legal Counsel. If the Determination required under Section 4 5 is to be made by independent legal counsel, such counsel shall be selected by the Indemnitee with the approval of the Board, which approval shall not be unreasonably withheld. The fees and expenses incurred by counsel in making any Determination (including Determinations pursuant to Section 5.8 6.7 hereof) shall be borne solely by the Company Corporation regardless of the results of any Determination and, if requested by counsel, the Company Corporation shall give such counsel an appropriate written agreement with respect to the payment of their fees and expenses and such other matters as may be reasonably requested by counsel.

Appears in 2 contracts

Samples: Indemnification Agreement (Sagemark Companies LTD), Indemnification Agreement (Sagemark Companies LTD)

Selection of Independent Legal Counsel. If the Determination required under Section 4 is to be made by independent legal counsel, such counsel shall be selected by the 6 Indemnitee with the approval of the Board, which approval shall not be unreasonably withheld. The fees and expenses incurred by counsel in making any Determination (including Determinations pursuant to Section 5.8 hereof) shall be borne solely by the Company regardless of the results of any Determination and, if requested by counsel, the Company shall give such counsel an appropriate written agreement with respect to the payment of their fees and expenses and such other matters as may be reasonably requested by counsel.

Appears in 2 contracts

Samples: Indemnification Agreement (Miami Cruiseline Services Holdings I B V), Indemnification Agreement (Miami Cruiseline Services Holdings I B V)

Selection of Independent Legal Counsel. If the Determination required under Section 4 or Section 5 is to be made by independent legal counsel, such counsel shall be selected by the Indemnitee with Board described in 4.1(1) hereof or the approval committee of the Board, which approval shall not be unreasonably withheldBoard described in 4.1(2) hereof. The fees and expenses incurred by counsel in making any Determination (including Determinations pursuant to Section 5.8 5.7 hereof) shall be borne solely by the Company regardless of the results of any Determination and, if requested by counsel, the Company shall give such counsel an appropriate written agreement with respect to the payment of their fees and expenses and such other matters as may be reasonably requested by counsel.

Appears in 1 contract

Samples: Indemnification Agreement (Castle Brands Inc)

Selection of Independent Legal Counsel. If the Determination required under Section 4 is to be made by independent legal counsel, such counsel shall be selected by the Indemnitee with the approval of the Board, which approval shall not be unreasonably withheld. The fees and expenses incurred by counsel in making any Determination (including Determinations pursuant to Section 5.8 hereof) shall be borne solely by the Company regardless of the results of any Determination and, if requested by counsel, the Company shall give such counsel an appropriate written agreement with respect to the payment of their fees and expenses and such other matters as may be reasonably requested by counsel.. 5.7

Appears in 1 contract

Samples: Form of Indemnification Agreement (Capital Bancorp/Fl)

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Selection of Independent Legal Counsel. If the Determination required under Section 4 2 is to be made by independent legal counsel, such counsel shall be selected by the Indemnitee with the approval of the Board, which approval shall not be unreasonably withheld. The fees and expenses incurred by counsel in making any Determination (including Determinations pursuant to Section 5.8 3.8 hereof) shall be borne solely by the Company regardless of the results of any Determination and, if requested by counsel, the Company shall give such counsel an appropriate written agreement with respect to the payment of their fees and expenses and such other matters as may be reasonably requested by counsel.

Appears in 1 contract

Samples: Indemnification Agreement (Equity One Inc)

Selection of Independent Legal Counsel. If the Determination required under Section 4 is to be made by independent legal counsel, such counsel shall be selected by the Indemnitee with the approval of the Board, which approval shall not be unreasonably withheld. The fees and expenses incurred by counsel in making any Determination (including Determinations pursuant to Section 5.8 hereof) shall be borne solely by the Company Coachmen regardless of the results of any Determination and, if requested by counsel, the Company Coachmen shall give such counsel an appropriate written agreement with respect to the payment of their fees and expenses and such other matters as may be reasonably requested by counsel.

Appears in 1 contract

Samples: Director Indemnification Agreement (Coachmen Industries Inc)

Selection of Independent Legal Counsel. If the Determination required under Section 4 is to be made by independent legal counsel, such counsel shall be selected by the Indemnitee Company with the approval of the BoardIndemnitee, which approval shall not be unreasonably withheld. The fees and expenses incurred by counsel in making any Determination (including Determinations pursuant to Section 5.8 5.7 hereof) shall be borne solely by the Company regardless of the results of any Determination and, if requested by counsel, the Company shall give such counsel an appropriate written agreement with respect to the payment of their fees and expenses and such other matters as may be reasonably requested by counsel.

Appears in 1 contract

Samples: Indemnification Agreement (Republic Banking Corp of Florida)

Selection of Independent Legal Counsel. If the Determination required under Section 4 or 5 is to be made by independent legal counsel, such counsel shall be selected by the Indemnitee with Board described in Section 4(1) hereof or the approval committee of the Board, which approval shall not be unreasonably withheldBoard described in Section 4(2) hereof. The fees and expenses incurred by counsel in making any Determination (including Determinations pursuant to Section 5.8 5.7 hereof) shall be borne solely by the Company regardless of the results of any Determination and, if requested by counsel, the Company shall give such counsel an appropriate written agreement with respect to the payment of their fees and expenses and such other matters as may be reasonably requested by counsel.

Appears in 1 contract

Samples: Indemnification Agreement (Pediatrix Medical Group Inc)

Selection of Independent Legal Counsel. If the Determination required under Section 4 4.1 is to be made by independent legal counsel, such counsel shall be selected by the Indemnitee with the approval of the Board, which approval shall not be unreasonably withheld. The fees and expenses incurred by counsel in making any Determination (including Determinations pursuant to Section 5.8 hereof) shall be borne solely by the Company regardless of the results of any Determination and, if requested by counsel, the Company shall give such counsel an appropriate written agreement with respect to the payment of their fees and expenses and such other matters as may be reasonably requested by counsel.

Appears in 1 contract

Samples: Indemnification Agreement (Hops Grill & Bar Inc)

Selection of Independent Legal Counsel. If the Determination required under Section 4 or 5 is to be made by independent legal counsel, such counsel shall be selected by the Indemnitee with the approval of the Board, which approval shall not be unreasonably withheld. The fees and expenses incurred by counsel in making any Determination (including Determinations pursuant to Section 5.8 5.7 hereof) shall be borne solely by the Company regardless of the results of any Determination and, if requested by counsel, the Company shall give such counsel an appropriate written agreement with respect to the payment of their fees and expenses and such other matters as may be reasonably requested by counsel.

Appears in 1 contract

Samples: Indemnification Agreement (Mego Mortgage Corp)

Selection of Independent Legal Counsel. If the Determination required under Section 4 5 is to be made by independent legal counsel, such counsel shall be selected by the Indemnitee with the approval of the Board, which approval shall not be unreasonably withheld. The fees and expenses incurred by counsel in making any Determination (including Determinations pursuant to Section 5.8 6.8 hereof) shall be borne solely by the Company Corporation regardless of the results of any Determination and, if requested by counsel, the Company Corporation shall give such counsel an appropriate written agreement with respect to the payment of their fees and expenses and such other matters as may be reasonably requested by counsel.

Appears in 1 contract

Samples: Indemnification Agreement (Netspeak Corp)

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