Success on the Merits. To the extent that any person described in Section 1 or 2 of this Article V has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in said Sections, or in defense of any claim, issue or matter therein, he shall be indemnified against expenses (including attorneys' fees) actually and reasonably incurred by him in connection therewith.
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Samples: Agreement and Plan of Merger (Hadco Acquisition Corp Ii), Agreement and Plan of Merger (Continental Circuits Corp), Agreement and Plan of Merger (Hadco Acquisition Corp Ii)
Success on the Merits. To the extent that any person described in Section 1 or Section 2 of this Article V has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in said Sections, or in defense of any claim, issue or matter therein, he or she shall be indemnified against expenses (including attorneys' ’ fees) actually and reasonably incurred by him or her in connection therewith.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (SomaLogic, Inc.), Agreement and Plan of Merger (Applied Genetic Technologies Corp)
Success on the Merits. To the extent that any person described in Section 1 or 2 of this Article V IX has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in said Sections, or in defense of any claim, issue or matter therein, he shall be indemnified against expenses (including attorneys' ’ fees) actually and reasonably incurred by him in connection therewith.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Datawatch Corp), Agreement and Plan of Merger (Altair Engineering Inc.)
Success on the Merits. To the extent that any person described in Section 1 or 2 of this Article V has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in said Sections, or in defense of any claim, issue or matter therein, he shall be indemnified against expenses (including attorneys' ’ fees) actually and reasonably incurred by him in connection therewith.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Iec Electronics Corp), Loan Modification Agreement (Imprivata Inc)
Success on the Merits. To the extent that any person described in Section 1 Sections 14.1 or 2 of this Article V 14.2 has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in said Sections, or in defense of any claim, issue or matter therein, he shall be indemnified against expenses (including attorneys' fees) actually and reasonably incurred by him in connection therewith.
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Success on the Merits. To the extent that any person described Person referred to in Section 1 14.1(b) or 2 of this Article V Section 14.1(c) has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in said Sectionssuch subsections, or in defense of any claim, issue or matter therein, he shall be indemnified against expenses (including attorneys' ’ fees) actually and reasonably incurred by him in connection therewith.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Verisign Inc/Ca)
Success on the Merits. To the extent that any person described in Section 1 or Section 2 of this Article V has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in said Sections, or in defense of any claim, issue or matter therein, he or she shall be indemnified against expenses (including attorneys' fees) actually and reasonably incurred by him or her in connection therewith.
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Success on the Merits. To the extent that any person described in Section 1 6.1 or 2 Section 6.2 of this Article V has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in said Sections, or in defense of any claim, issue or matter therein, he or she shall be indemnified against expenses (including attorneys' ’ fees) actually and reasonably incurred by him or her in connection therewith.
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Success on the Merits. To the extent that any person Person described in Section 1 Sections 10.1 or 2 of this Article V 10.2 has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in said SectionsSubsections, or in defense of any claim, issue or matter therein, he such Person shall be indemnified against expenses (including attorneys' fees) actually and reasonably incurred by him such Person in connection therewith.
Appears in 1 contract
Samples: Operating Agreement (Xethanol Corp)
Success on the Merits. To the extent that any person described in Section 1 Sections 6.1 or 2 6.2 of this Article V 6 has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in said Sections, or in defense of any claim, issue or matter therein, he such person shall be indemnified against expenses (including attorneys' ’ fees) actually and reasonably incurred by him such person in connection therewith.
Appears in 1 contract
