Common use of Successful Defense Clause in Contracts

Successful Defense. 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) 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 of any type whatsoever reasonably incurred by the Indemnitee in connection with the investigation, defense or appeal of such proceeding.

Appears in 2 contracts

Samples: Investment and Transaction Agreement (Id Systems Inc), Indemnification Agreement (PowerFleet, Inc.)

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Successful Defense. To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding Proceeding (including, without limitation, an action by or in the right of the Company) to which the Indemnitee was a party by reason of the fact that the Indemnitee he is or was an agent of the Company Agent at any time, or by reason of anything done or not done by him in such capacity, the Company shall indemnify the Indemnitee against any and all expenses Expenses and liabilities of any type whatsoever reasonably incurred by the Indemnitee him in connection with the investigation, defense or appeal of such proceedingProceeding.

Appears in 2 contracts

Samples: Indemnification Agreement (Dorchester Minerals, L.P.), Indemnification & Liability (Dorchester Minerals Lp)

Successful Defense. 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) to which the Indemnitee was a party by reason of the fact that the Indemnitee he is or was an agent of the Company at any time, the Company shall indemnify the Indemnitee against all expenses of any type whatsoever actually and reasonably incurred by the Indemnitee him in connection with the investigation, defense or appeal of such proceeding.

Appears in 2 contracts

Samples: Indemnity Agreement (Zhone Technologies Inc), Indemnity Agreement (Pcorder Com Inc)

Successful Defense. 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) to which the Indemnitee was a party by reason of the fact that the Indemnitee he or she is or was an agent of the Company at any time, the Company shall indemnify the Indemnitee against all expenses of any type whatsoever actually and reasonably incurred by the Indemnitee in connection with the investigation, defense or appeal of such proceeding.

Appears in 2 contracts

Samples: Indemnity Agreement (Regal Entertainment Group), Indemnity Agreement (Regal Entertainment Group)

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

Appears in 1 contract

Samples: Indemnification Agreement (Treaty Oak Bancorp Inc)

Successful Defense. To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding Proceeding (including, without limitation, an action by or in the right of the Company) to which the Indemnitee was a party by reason of the fact that the 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 the Indemnitee him in connection with the investigation, defense or appeal of such proceedingProceeding.

Appears in 1 contract

Samples: Indemnity Agreement (Atwood Minerals & Mining CORP.)

Successful Defense. 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) to which the Indemnitee was a party by reason of the fact that the Indemnitee he or she is or was an agent of the Company at any time, the Company shall indemnify the Indemnitee against all expenses of any type whatsoever actually and reasonably incurred by the Indemnitee him in connection with the investigation, defense or appeal of such proceeding.

Appears in 1 contract

Samples: Indemnity Agreement (Qualcomm Inc/De)

Successful Defense. 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) to which the Indemnitee was a party by reason of the fact that the Indemnitee he is or was an agent of the Company at any time, the Company shall indemnify the Indemnitee against all expenses of any type whatsoever reasonably incurred by the Indemnitee him in connection with the investigation, defense or appeal of such proceeding.

Appears in 1 contract

Samples: Indemnification Agreement (Altra Holdings, Inc.)

Successful Defense. 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) to which the Indemnitee was a party by reason of the fact that the Indemnitee is related, directly or was indirectly to his role as an agent of the Company at any time, the Company shall indemnify the Indemnitee against all reasonable expenses of any type whatsoever reasonably actually incurred by the Indemnitee him in connection with the investigation, defense or appeal of such proceeding.

Appears in 1 contract

Samples: Indemnity Agreement (Mitokor)

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

Appears in 1 contract

Samples: Indemnity Agreement (Immersion Corp)

Successful Defense. 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) to which the Indemnitee was a party by reason of the fact that the Indemnitee he is or was an agent Agent of the Company at any time, the Company shall indemnify the Indemnitee against all expenses of any type whatsoever reasonably incurred by the Indemnitee in connection with the investigation, defense or appeal of such proceeding.whatsoever

Appears in 1 contract

Samples: Indemnity Agreement (Jni Corp)

Successful Defense. To the extent that 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) to in 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 of any type whatsoever Expenses actually and reasonably incurred by or on behalf of the Indemnitee in connection with the investigation, defense or appeal of such proceedingProceeding.

Appears in 1 contract

Samples: Indemnity Agreement (Laureate Education, Inc.)

Successful Defense. 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) to which the Indemnitee was a party by reason of the fact that the Indemnitee he/she is or was an agent of the Company at any time, the Company shall indemnify the Indemnitee against all expenses of any type whatsoever actually and reasonably incurred by the Indemnitee him/her in connection with the investigation, defense or appeal of such proceeding.

Appears in 1 contract

Samples: Indemnity Agreement (Halozyme Therapeutics Inc)

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

Appears in 1 contract

Samples: Indemnification Agreement (Exe Technologies Inc)

Successful Defense. 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) to which the Indemnitee was a party by reason of the fact that the Indemnitee he is or was an agent of the Company at any time, the Company shall indemnify the Indemnitee against all expenses of any type whatsoever actually and reasonably incurred by the Indemnitee him in connection with the investigation, defense or appeal of such proceedingproceedings.

Appears in 1 contract

Samples: Indemnity Agreement (Pacific Gateway Exchange Inc)

Successful Defense. 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) to which the Indemnitee was a party by reason of the fact that the Indemnitee he is or was an agent Agent of the Company at any time, the Company shall indemnify the Indemnitee against all expenses of any type whatsoever actually and reasonably incurred by the Indemnitee him in connection with the investigation, defense or appeal of such proceeding.

Appears in 1 contract

Samples: Indemnity Agreement (Extreme Networks Inc)

Successful Defense. 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) to which the Indemnitee was a party by reason of the fact that the Indemnitee he is or was an agent a director of the Company at any time, the Company shall indemnify the Indemnitee against all expenses of any type whatsoever actually and reasonably incurred by the Indemnitee him in connection with the investigation, defense or appeal of such proceeding.

Appears in 1 contract

Samples: Indemnity Agreement (High Speed Access Corp)

Successful Defense. To the extent the Indemnitee has been successful on the merits or otherwise in defense of any proceeding Proceeding (including, without limitation, an action by or in the right of the Company) to in 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 of any type whatsoever Expenses actually and reasonably incurred by the Indemnitee in connection with the investigation, defense or appeal of such proceedingProceeding.

Appears in 1 contract

Samples: Indemnification Agreement (Rae Systems Inc)

Successful Defense. 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) to which the Indemnitee was a party by reason of the fact that the Indemnitee is or he was an agent of the Company at any time, the Company shall indemnify the Indemnitee against all expenses of any type whatsoever actually and reasonably incurred by the Indemnitee him in connection with the investigation, defense or appeal of such proceeding.

Appears in 1 contract

Samples: Indemnification Agreement (Prandium Inc)

Successful Defense. 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) to in 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 of any type whatsoever Expenses actually and reasonably incurred by or on behalf of the Indemnitee in connection with the investigation, defense or appeal of such proceedingProceeding.

Appears in 1 contract

Samples: Indemnification & Liability (Velti PLC)

Successful Defense. 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) to which the Indemnitee was a party by reason of the fact that the Indemnitee he or she is or was an agent of the Company at any time, the Company shall indemnify the Indemnitee against all expenses of any type whatsoever actually and reasonably incurred by the Indemnitee him or her in connection with the investigation, defense or appeal of such proceeding.

Appears in 1 contract

Samples: Indemnity Agreement (Lifevantage Corp)

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