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 9 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.
Appears in 6 contracts
Samples: Operating and Joint Venture Agreement (Afg Investment Trust D), Operating and Joint Venture Agreement (Afg Investment Trust C), Operating and Joint Venture Agreement (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 (Afg Investment Trust B), Operating Agreement (Afg Investment Trust D), Operating Agreement (Afg Investment Trust C)
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 Iv), Limited Liability Company Agreement (Ridgewood Electric Power Trust Iii)
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)
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
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 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)
