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 Board (pursuant to the procedure set forth in Sections 4(1) and (2) hereof) with the approval of the Indemnitee, which approval shall not be unreasonably withheld. The fees and expenses incurred by counsel in making any Determination (including Determinations pursuant to Section 5.6 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: Form of Indemnification Agreement (Empire Financial Holding Co)

AutoNDA by SimpleDocs

Selection of Independent Legal Counsel. If the Determination required under Section 4 4.1 or 5.7 or the evaluation of reasonableness of expenses under Section 5.3 is to be made by independent legal counsel, such counsel shall be selected by the Board (pursuant to the procedure set forth in Sections 4(1) and (2) hereof) Indemnitee with the approval of the IndemniteeBoard, which approval shall not be unreasonably withheld. The fees and expenses incurred by counsel in making any Determination (including Determinations pursuant to Section 5.6 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: Separation Agreement (Railamerica Inc /De)

Selection of Independent Legal Counsel. If the Determination required under Section 4 6 is to be made by independent legal counsel, such counsel shall be selected by the Board (pursuant to the procedure set forth in Sections 4(1) and (2) hereof) Indemnitee with the approval of the IndemniteeBoard, which approval shall not be unreasonably withheld. The fees and expenses incurred by counsel in making any Determination (including Determinations pursuant to Section 5.6 6(e) 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 1 contract

Samples: Indemnification Agreement (Casco International Inc)

AutoNDA by SimpleDocs

Selection of Independent Legal Counsel. If the Determination required under Section 4 or 5 is to be made by or based upon the written opinion of independent legal counsel, such counsel shall be selected by the Board (pursuant to the procedure set forth in Sections 4(1) and (2) hereof) Indemnitee with the approval of the IndemniteeBoard, which approval shall not be unreasonably withheld. The fees and expenses incurred by counsel in making any Determination (including Determinations pursuant to Section Sections 5.6 and 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 Financial Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.