Common use of Successful Defense Clause in Contracts

Successful Defense. Notwithstanding any contrary provisions of this ------------------- Article, if a Manager has been wholly successful on the merits in the defense of any proceeding in which it was involved by reason of its position as Manager or as a result of serving in such capacity (including termination of investigative or other proceedings without a finding of fault on the part of the Manager), the Manager shall be indemnified by the Company against all expenses incurred by the Manager in connection therewith.

Appears in 6 contracts

Samples: Operating and Joint Venture Agreement (Semele Group Inc), Operating and Joint Venture Agreement (Afg Investment Trust C), Operating and Joint Venture Agreement (Afg Investment Trust C)

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Successful Defense. Notwithstanding any contrary provisions of ------------------- this ------------------- Article, if a Manager has been wholly successful on the merits in the defense of any proceeding in which it was involved by reason of its position as Manager or as a result of serving in such capacity (including termination of investigative or other proceedings without a finding of fault on the part of the Manager), the Manager shall be indemnified by the Company against all expenses incurred by the Manager in connection therewith.

Appears in 3 contracts

Samples: Operating Agreement (Afg Investment Trust B), Efg Kirkwood (Afg Investment Trust D), Efg Kirkwood (Afg Investment Trust C)

Successful Defense. Notwithstanding any contrary provisions of this ------------------- Article, if a Manager has been wholly successful on the merits in the defense of any proceeding in which it was involved by reason of its position as Manager or as a result of serving in such capacity (including termination of investigative or other proceedings without a finding of fault on the part of the Manager), the Manager shall be indemnified by the Company against all expenses incurred by the Manager in connection therewith.

Appears in 3 contracts

Samples: Operating Agreement, Operating Agreement (Keyspan Corp), Operating Agreement (Keyspan Corp)

Successful Defense. Notwithstanding any contrary provisions of this ------------------- Article, if a Manager has been wholly successful on the merits in the defense of any proceeding in which it was involved by reason of its position as Manager or as a result of serving in such capacity (including termination of investigative or other proceedings without a finding of fault on the part of the Manager), the Manager shall be indemnified by the Company against all expenses incurred by the Manager in connection therewith. 4.5.

Appears in 3 contracts

Samples: Limited Liability Company Operating Agreement (Keyspan Corp), Operating Agreement (Keyspan Corp), Operating Agreement (Keyspan Corp)

Successful Defense. Notwithstanding any contrary provisions of this ------------------- Article, if a Manager has been wholly successful on the merits in the defense of any proceeding in which it was involved by reason of its position as Manager or as a result of serving in such capacity (including termination of investigative or other proceedings without a finding of fault on the part of the Manager), the Manager shall be indemnified by the Company against all expenses incurred by the Manager in connection therewith. 11.5.

Appears in 2 contracts

Samples: Operating Agreement (Keyspan Corp), Limited Liability Company Operating Agreement (Keyspan Corp)

Successful Defense. Notwithstanding any contrary provisions of this ------------------- ArticleSection 5.10, if a the Manager has been wholly successful on the merits in the defense of any proceeding in which it was involved by reason of its position as Manager or as a result of serving in such capacity (including termination of investigative or other proceedings proceeding without a finding of fault on the part of the Manager), the Manager shall be indemnified by the Company against all reasonable expenses incurred by the Manager in connection therewith.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Ridgewood Electric Power Trust Iii), Limited Liability Company Agreement (Ridgewood Electric Power Trust Iv)

Successful Defense. Notwithstanding any contrary provisions of this ------------------- ArticleArticle IV, if a the Manager has been wholly successful on the merits in the defense of any proceeding in which it was involved by reason of its position as the Manager or as a result of serving in such capacity (including termination of investigative or other proceedings proceeding without a finding of fault on the part of the Manager), the Manager shall be indemnified by the Company LLC against all expenses incurred by the Manager in connection therewith.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Ridgewood Power Growth Fund /Nj)

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Successful Defense. Notwithstanding any contrary provisions of this ------------------- Article, if a Manager has been wholly successful on the merits in the defense of any proceeding in which it was involved by reason of its position as Manager or as a result of serving in such capacity (including termination of investigative or other proceedings without a finding of fault on the part of the Manager), the Manager shall be indemnified by the Company against all expenses incurred by the Manager in connection therewith.. 11.5

Appears in 1 contract

Samples: Limited Liability Company Operating Agreement (Keyspan Corp)

Successful Defense. Notwithstanding any contrary provisions of this ------------------- Article, if a Manager has been wholly successful on the merits in the defense of any proceeding in which it was involved by reason of its position as Manager or as a result of serving in such capacity (including termination of investigative or other proceedings without a finding of fault on the part of the Manager), the Manager shall be indemnified by the Company LLC against all expenses incurred by the Manager in connection therewith.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Boston Properties Inc)

Successful Defense. Notwithstanding any contrary provisions of this ------------------- Article, if a Manager has been wholly successful on the merits in the defense of any proceeding in which it he was involved by reason of its his position as Manager or as a result of serving in such capacity (including termination of investigative or other proceedings without a finding of fault on the part of the Manager), the Manager shall be indemnified by the Company against all expenses incurred by the Manager in connection therewith.

Appears in 1 contract

Samples: Exchange Agreement (Banyan Strategic Land Fund Ii)

Successful Defense. Notwithstanding any contrary provisions of this ------------------- Article, if a Manager has been wholly successful on the merits in the defense of any proceeding in which it was involved by reason of its position as Manager or as a result of serving in such capacity (including termination of investigative or other proceedings proceeding without a finding of fault on the part of the Manager), the Manager shall be indemnified by the Company against all expenses incurred by the Manager in connection therewith.

Appears in 1 contract

Samples: Operating Agreement (Ridgewood Electric Power Trust Iv)

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