Settlement without Consent. No indemnifying party shall, without the written consent of the indemnified party, effect the settlement or compromise of, or consent to the entry of any judgment with respect to, any pending or threatened action or claim in respect of which indemnification or contribution may be sought hereunder (whether or not the indemnified party is an actual or potential party to such action or claim) unless such settlement, compromise or judgment (i) includes an unconditional release of the indemnified party from all liability arising out of such action or claim and (ii) does not include a statement as to or an admission of fault, culpability or a failure to act, by or on behalf of any indemnified party.
Appears in 4 contracts
Samples: Underwriting Agreement (Triangle Capital CORP), Underwriting Agreement (Triangle Capital CORP), Underwriting Agreement (Triangle Capital CORP)
Settlement without Consent. No An indemnifying party shallwill not, without the prior written consent of the indemnified partyparties, effect the settlement settle or compromise of, or consent to the entry of any judgment with respect to, to any pending or threatened action claim, action, suit or claim proceeding in respect of which indemnification or contribution may be sought hereunder (whether or not the indemnified party is an parties are actual or potential party parties to such action claim or claimaction) unless such settlement, compromise or judgment consent (i) includes an unconditional release of the each indemnified party from all liability arising out of such action claim, action, suit or claim proceeding and (ii) does not include a any statement as to to, or an any admission of of, fault, culpability or a failure to act, act by or on behalf of any indemnified party.
Appears in 3 contracts
Samples: Registration Rights Agreement (Metropolitan Edison Co), Registration Rights Agreement (Ohio Edison Co), Registration Rights Agreement (Cleveland Electric Illuminating Co)