Common use of Success on the Merits or Otherwise Clause in Contracts

Success on the Merits or Otherwise. To the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding referred to in Section 3(a) above or in the defense of any claim, issue or matter described therein, the Company shall indemnify Indemnitee against Expenses actually and reasonably incurred in connection therewith.

Appears in 80 contracts

Samples: Indemnity Agreement (Compass, Inc.), Indemnity Agreement (Spyre Therapeutics, Inc.), Indemnity Agreement (Aeglea BioTherapeutics, Inc.)

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Success on the Merits or Otherwise. To the extent that Indemnitee has been successful on the merits or otherwise in the defense of any Proceeding referred to in Section 3(a) above or in the defense of any claim, issue or matter described therein, the Company shall indemnify Indemnitee against Expenses actually and reasonably incurred in connection therewith.

Appears in 12 contracts

Samples: Form of Indemnity Agreement (BioAge Labs, Inc.), Indemnity Agreement (Starfighters Space, Inc.), Indemnity Agreement (Starfighters Space, Inc.)

Success on the Merits or Otherwise. To the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding referred to in Section 3(a) above or in the defense of any claim, issue or matter described therein, the Company shall indemnify Indemnitee against Expenses and Other Liabilities actually and reasonably incurred in connection therewith.

Appears in 9 contracts

Samples: Indemnification Agreement (Intapp, Inc.), Employment Agreement (Qualtrics International Inc.), Employment Agreement (Qualtrics International Inc.)

Success on the Merits or Otherwise. To the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding referred to in Section 3(a) above or in the defense of any claim, issue or matter described therein, the Company shall indemnify Indemnitee against Expenses actually and reasonably incurred in connection therewith.

Appears in 9 contracts

Samples: Onto Innovation (Onto Innovation Inc.), Indemnity Agreement (Energous Corp), Indemnity Agreement (Onto Innovation Inc.)

Success on the Merits or Otherwise. To the extent that Indemnitee has been successful on the merits or otherwise otherwise, including, without limitation, the dismissal of an action without prejudice, in defense of any Proceeding referred to in Section 3(a) above or in the defense of any claim, issue or matter described therein, the Company shall indemnify Indemnitee against Expenses actually and reasonably incurred in connection therewith.

Appears in 3 contracts

Samples: Indemnity Agreement (Borqs Technologies, Inc.), Indemnity Agreement (Marin Software Inc), Indemnity Agreement (Proofpoint Inc)

Success on the Merits or Otherwise. To the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding proceeding referred to in Section 3(a) above or in the defense of any claim, issue or matter described therein, the Company shall indemnify Indemnitee against Expenses expenses actually and reasonably incurred in connection therewith.

Appears in 2 contracts

Samples: Indemnity Agreement (Adamis Pharmaceuticals Corp), Indemnity Agreement (Adamis Pharmaceuticals Corp)

Success on the Merits or Otherwise. To the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding referred to in Section 3(a) 3 above or in the defense of any claim, issue or matter described therein, the Company shall indemnify Indemnitee against Expenses and Other Liabilities actually and reasonably incurred in connection therewith.

Appears in 2 contracts

Samples: Indemnification Agreement (Ardagh Metal Packaging S.A.), Indemnification Agreement (Ardagh Finance Holdings S.A.)

Success on the Merits or Otherwise. To the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding referred to in Section 3(a) above or in the defense of any claim, issue or matter described therein, the Company shall indemnify Indemnitee against Expenses actually and reasonably incurred in connection therewiththerewith to the fullest extent provided by law.

Appears in 1 contract

Samples: Indemnity Agreement (Accel Entertainment, Inc.)

Success on the Merits or Otherwise. To the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding referred relating in whole or in part to in Section 3(a) above an Indemnifiable Event or in the defense of any claim, issue or matter described therein, the Company shall indemnify Indemnitee against Expenses actually and reasonably incurred in connection therewith.

Appears in 1 contract

Samples: Indemnity Agreement (Aeluma, Inc.)

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Success on the Merits or Otherwise. To the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding referred to in Section 3(a) 3 above or in the defense of any claim, issue or matter described therein, the Company shall indemnify Indemnitee against Expenses and Other Liabilities actually and reasonably incurred in connection therewith.. ‑6‑

Appears in 1 contract

Samples: Indemnity Agreement (Affinion Group Holdings, Inc.)

Success on the Merits or Otherwise. To the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding referred to in Section 3(a) above or in the defense of any claim, issue or matter described therein, the Company shall indemnify Indemnitee against Expenses actually and reasonably incurred in connection therewith. For purposes of this section and without limitation, the termination of any claim, issue or matter in such a Proceeding by dismissal, with or without prejudice, shall be deemed to be a successful result as to such claim, issue or matter.

Appears in 1 contract

Samples: Indemnity Agreement (Andalay Solar, Inc.)

Success on the Merits or Otherwise. To the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding referred to in Section 3(a) above 4.1 of this Agreement or in the defense of any claim, issue or matter described therein, the Company shall indemnify Indemnitee against Expenses actually and reasonably incurred by him in connection therewithwith the investigation, defense or appeal of such proceeding, or such claim, issue or matter, as the case may be.

Appears in 1 contract

Samples: Indemnity Agreement (Interwoven Inc)

Success on the Merits or Otherwise. To the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding referred to in Section 3(a) 3 above or in the defense of any claim, issue or matter described therein, the Company shall indemnify Indemnitee against Expenses actually and reasonably incurred in connection therewith.

Appears in 1 contract

Samples: Indemnity Agreement (Laffin Acquisition Corp.)

Success on the Merits or Otherwise. To the extent that Indemnitee has been successful on the merits or otherwise in defense of any Proceeding referred to in Section 3(a) above or in the defense of any claim, issue or matter described therein, the Company shall indemnify Indemnitee against Expenses actually [and reasonably reasonably] incurred in connection therewith.

Appears in 1 contract

Samples: Indemnity Agreement (Vocera Communications, Inc.)

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