Common use of Successful Defense Clause in Contracts

Successful Defense. Notwithstanding any other provisions of this Agreement, to the extent Indemnitee has been successful, on the merits or otherwise, in defense of any Proceeding (including, without limitation, an action by or in the right of the Company) in which Indemnitee was a party by reason of the fact that Indemnitee is or was an Agent of the Company at any time, the Company shall indemnify Indemnitee against all Expenses actually and reasonably incurred by or on behalf of Indemnitee in connection with the investigation, defense or appeal of such Proceeding.

Appears in 45 contracts

Samples: Indemnification Agreement (Akoya Biosciences, Inc.), Indemnification Agreement (Bone Biologics Corp), Indemnification Agreement (Freightos LTD)

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Successful Defense. Notwithstanding any other provisions of this Agreement, to To the extent the Indemnitee has been successful, successful on the merits or otherwise, otherwise in defense of any Proceeding proceeding (including, without limitation, an action by or in the right of the Company) in to which the Indemnitee was a party by reason of the fact that Indemnitee he is or was an Agent of the Company at any time, the Company shall indemnify Indemnitee against all Expenses expenses of any type whatsoever actually and reasonably incurred by or on behalf of Indemnitee him in connection with the investigation, defense or appeal of such Proceedingproceeding.

Appears in 39 contracts

Samples: Separation Agreement (Immersion Corp), Indemnity Agreement (Edgewater Technology Inc/De/), Indemnity Agreement (Intellisync Corp)

Successful Defense. Notwithstanding any other provisions of this Agreement, to the extent the Indemnitee has been successful, on the merits or otherwise, in defense of any Proceeding (including, without limitation, an action by or in the right of the Company) in which the Indemnitee was a party by reason of the fact that the Indemnitee is or was an Agent of the Company at any time, the Company shall indemnify the Indemnitee against all Expenses actually and reasonably incurred by or on behalf of the Indemnitee in connection with the investigation, defense or appeal of such Proceeding.

Appears in 34 contracts

Samples: Indemnity Agreement (Adomani, Inc.), Indemnification Agreement (Daegis Inc.), Indemnification Agreement (Sabre Corp)

Successful Defense. Notwithstanding any other provisions of this Agreement, to To the extent the Indemnitee has been successful, successful on the merits or otherwise, otherwise in defense of any Proceeding proceeding (including, without limitation, an action by or in the right of the Company) in to which the Indemnitee was a party by reason of the fact that Indemnitee he is or was an Agent agent of the Company at any time, the Company shall indemnify Indemnitee against all Expenses expenses of any type whatsoever actually and reasonably incurred by or on behalf of Indemnitee him in connection with the investigation, defense or appeal of such Proceedingproceeding.

Appears in 33 contracts

Samples: Indemnification Agreement (Insilicon Corp), Employment Agreement (Sciclone Pharmaceuticals Inc), Indemnification Agreement (Staktek Holdings Inc)

Successful Defense. Notwithstanding any other provisions of this Agreement, to To the extent the Indemnitee has been successful, ------------------ successful on the merits or otherwise, otherwise in defense of any Proceeding proceeding (including, without limitation, an action by or in the right of the Company) in to which the Indemnitee was a party by reason of the fact that Indemnitee he is or was an Agent of the Company at any time, the Company shall indemnify Indemnitee against all Expenses expenses of any type whatsoever actually and reasonably incurred by or on behalf of Indemnitee him in connection with the investigation, defense or appeal of such Proceedingproceeding.

Appears in 13 contracts

Samples: Indemnity Agreement (Enact Health Management Systems), Indemnity Agreement (Firstamerica Automotive Inc /De/), Indemnity Agreement (Valicert Inc)

Successful Defense. Notwithstanding any other provisions of this Agreement, to To the extent the Indemnitee has been successful, successful on the merits or otherwise, otherwise in defense of any Proceeding proceeding (including, without limitation, an action by or in the right of the Company) in to which the Indemnitee was a party by reason of the fact that Indemnitee he is or was an Agent agent of the Company at any time, the Company shall indemnify the Indemnitee against all Expenses expenses of any type whatsoever actually and reasonably incurred by or on behalf of Indemnitee him in connection with the investigation, defense or appeal of such Proceedingproceeding.

Appears in 12 contracts

Samples: Separation Agreement (Ocz Technology Group Inc), Indemnity Agreement (Nano Vibronix, Inc.), Indemnity Agreement (Facet Biotech Corp)

Successful Defense. Notwithstanding any other provisions of this Agreement, to To the extent the Indemnitee has been successful, successful on the merits or otherwise, otherwise in defense of any Proceeding proceeding (including, without limitation, an action by or in the right of the Company) in to which the Indemnitee was a party by reason of the fact that the Indemnitee is or was an Agent agent of the Company at any time, the Company shall indemnify the Indemnitee against all Expenses expenses of any type whatsoever actually and reasonably incurred by or on behalf of the Indemnitee in connection with the investigation, defense or appeal of such Proceedingproceeding.

Appears in 7 contracts

Samples: Indemnity Agreement (Applied Digital Corp.), Indemnity Agreement, Indemnity Agreement (DT Credit Company, LLC)

Successful Defense. Notwithstanding any other provisions of this Agreement, to To the extent Indemnitee has been successful, successful on the merits or otherwise, otherwise in defense of any Proceeding proceeding (including, without limitation, an action by or in the right of the Company) in to which Indemnitee was a party by reason of the fact that Indemnitee is or was or had agreed to become an Agent agent of the Company at any time, the Company shall indemnify Indemnitee against all Expenses expenses of any type whatsoever actually and reasonably incurred by or on behalf of Indemnitee in connection with the investigation, defense or appeal of such Proceedingproceeding.

Appears in 4 contracts

Samples: Indemnity Agreement (Bristow Group Inc), Indemnification Agreement (Rush Enterprises Inc \Tx\), Indemnity Agreement (Bristow Group Inc)

Successful Defense. Notwithstanding any other provisions of this Agreement, to if the extent Indemnitee has been successful, on the merits or otherwise, in defense of any Proceeding (including, without limitation, an action by or in the right of the Company) in to which the Indemnitee was a party by reason of the fact that the Indemnitee is or was an Agent of the Company at any time, the Company shall indemnify the Indemnitee against all Expenses actually and reasonably incurred by or on behalf of the Indemnitee in connection with the investigation, defense or appeal of such Proceeding.

Appears in 3 contracts

Samples: Limited Partnership Agreement (Premier, Inc.), Limited Partnership Agreement (Premier, Inc.), Indemnification Agreement (Premier, Inc.)

Successful Defense. Notwithstanding any other provisions of this Agreement, to the extent that the Indemnitee has been successful, on the merits or otherwise, in defense of any Proceeding (including, without limitation, an action by or in the right of the CompanyCorporation) in which the Indemnitee was a party by reason of the fact that the Indemnitee is or was an Agent of the Company Corporation at any time, the Company Corporation shall indemnify the Indemnitee against all Expenses actually and reasonably incurred by or on behalf of the Indemnitee in connection with the investigation, defense or appeal of such Proceeding.

Appears in 3 contracts

Samples: Indemnification Agreement (Pico Holdings Inc /New), Indemnification Agreement (UCP, Inc.), Indemnity Agreement (Pico Holdings Inc /New)

Successful Defense. Notwithstanding any other provisions of this Agreement, to the extent the Indemnitee has been successful, on the merits or otherwise, in defense of any Proceeding (including, without limitation, an action by or in the right of the Company) in which the Indemnitee was a party by reason of the fact that the Indemnitee is or was an Agent of the Company at any time, the Company shall indemnify the Indemnitee against all Expenses actually and reasonably incurred by or on behalf of the Indemnitee in connection with the investigation, defense defense, settlement or appeal of such Proceeding.

Appears in 2 contracts

Samples: Indemnification Agreement (Sabre Corp), Indemnification Agreement (Sabre Corp)

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Successful Defense. Notwithstanding any other provisions of this Agreement, to the extent Indemnitee the Indemnitees has been successful, on the merits or otherwise, in defense of any Proceeding (including, without limitation, an action by or in the right of the Company) in which Indemnitee the Indemnitees was a party by reason of the fact that Indemnitee the Indemnitees is or was an Agent of the Company at any time, the Company shall indemnify Indemnitee the Indemnitees against all Expenses actually and reasonably incurred by or on behalf of Indemnitee the Indemnitees in connection with the investigation, defense or appeal of such Proceeding.

Appears in 2 contracts

Samples: Consulting Services Agreement (Motorsport Games Inc.), Indemnification Agreement (iBio, Inc.)

Successful Defense. Notwithstanding any other provisions of this Agreement, to the extent that the Indemnitee has been successful, on the merits or otherwise, in defense of any Proceeding (including, without limitation, an action by or in the right of the Company) in which the Indemnitee was a party by reason of the fact that the Indemnitee is or was an Agent of the Company at any time, the Company shall indemnify the Indemnitee against all Expenses actually and reasonably incurred by or on behalf of the Indemnitee in connection with the investigation, defense or appeal of such Proceeding.

Appears in 2 contracts

Samples: Indemnification Agreement (Marchex Inc), Indemnification Agreement (Marchex Inc)

Successful Defense. Notwithstanding any other provisions of this Agreement, to the extent that the Indemnitee has been successful, on the merits or otherwise, in defense of any Proceeding (including, without limitation, an action by or in the right of the Company) in to which the Indemnitee was a party by reason of the fact that the Indemnitee is or was an Agent of the Company at any time, the Company shall indemnify the Indemnitee against all Expenses actually and reasonably incurred by or on behalf of the Indemnitee in connection with the investigation, defense or appeal of such Proceeding.

Appears in 2 contracts

Samples: Limited Partnership Agreement (Premier, Inc.), Limited Partnership Agreement (Premier, Inc.)

Successful Defense. Notwithstanding any other provisions of this AgreementThe Company shall indemnify Indemnitee, to the extent Indemnitee has been successful, successful on the merits or otherwise, otherwise in the defense of any a Proceeding, for all Expenses incurred in a Proceeding (including, without limitation, an action by or in the right to which Indemnitee is a party because of the Company) in which Indemnitee was a party by reason of the fact that Indemnitee is or was an Agent of the Company at any time, the Company shall indemnify Indemnitee against all Expenses actually and reasonably incurred by or on behalf of Indemnitee in connection with the investigation, defense or appeal of such ProceedingIndemnitee’s Corporate Status.

Appears in 1 contract

Samples: Indemnification Agreement (Actuant Corp)

Successful Defense. Notwithstanding any other provisions of this Agreement, to the extent the Indemnitee has been successful, on the merits or otherwise, successful in defense of any Proceeding (including, without limitation, an action by or in the right of the Company) in which the Indemnitee was a party by reason of the fact that the Indemnitee is or was an Agent of the Company at any time, the Company shall indemnify the Indemnitee against all Expenses actually and reasonably incurred by or on behalf of the Indemnitee in connection with for the investigation, defense or appeal of such Proceeding.

Appears in 1 contract

Samples: Indemnity Agreement (Jack in the Box Inc /New/)

Successful Defense. Notwithstanding any other provisions of this AgreementThe Company shall indemnify Indemnitee, to the extent Indemnitee has been successful, successful on the merits or otherwise, otherwise in the defense of any a Proceeding, for all Expenses incurred in a Proceeding (including, without limitation, an action by or in the right to which Indemnitee is a party because of the Company) in which Indemnitee was a party by reason of the fact that Indemnitee is or was an Agent of the Company at any time, the Company shall indemnify Indemnitee against all Expenses actually and reasonably incurred by or on behalf of Indemnitee in connection with the investigation, defense or appeal of such ProceedingIndemnitee's Corporate Status.

Appears in 1 contract

Samples: Indemnification Agreement (Actuant Corp)

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