Common use of Success on Merits Clause in Contracts

Success on Merits. To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4.1 or 4.2 of this Agreement or in the defense of any claim, issue, or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by the Indemnitee in connection with the investigation, defense, or appeal of such proceeding, or such claim, issue, or matter, as the case may be.

Appears in 47 contracts

Samples: Agreement and Plan of Merger (Synergy CHC Corp.), Agreement and Plan of Merger (Synergy CHC Corp.), Indemnification Agreement (CaliberCos Inc.)

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Success on Merits. To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4.1 or 4.2 of this Agreement or in the defense of any claim, issue, or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by the Indemnitee in connection with the investigation, defense, or appeal of such proceeding, or such claim, issue, or matter, as the case may be. PEREGRINE, INC., XXXX CORPORATION SHARE EXCHANGE & MERGER AGREEMENT

Appears in 1 contract

Samples: Share Exchange Agreement (Peregrine Industries Inc)

Success on Merits. To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4.1 2.1 or 4.2 2.2 of this Agreement or in the defense of any claim, issue, or matter described therein, the Company shall indemnify the Indemnitee against expenses actually and reasonably incurred by the Indemnitee in connection with the investigation, defense, or appeal of such proceeding, or such claim, issue, or matter, as the case may be.

Appears in 1 contract

Samples: Indemnification Agreement (Oryon Holdings, Inc.)

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Success on Merits. To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding referred to in Section 4.1 or 4.2 of this Agreement or in the defense of any claim, issue, or matter proceeding described therein, the Company shall indemnify the Indemnitee against liability and against expenses actually and reasonably incurred by the Indemnitee in connection with the investigation, defense, or appeal of such proceeding, or such claim, issue, or matterproceeding, as the case may be.

Appears in 1 contract

Samples: Indemnity Agreement (Inter Tel Inc)

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