Common use of Successful Defense Clause in Contracts

Successful Defense. To the extent that a Manager or Officer has been successful on the merits or otherwise (including the dismissal of an action without prejudice or the settlement of a proceeding without admission of liability) in defense of any proceeding (defined in Section 16.A) or, in defense of any claim, issue or matter therein, the Manager or Officer shall be indemnified against expenses (including attorneys’ fees) actually and reasonably incurred by such Manager or Officer in connection therewith.

Successful Defense. To the extent that a Manager person who is or Officer was a director, officer, employee or agent of the Company has been successful on the merits or otherwise (including the dismissal of an action without prejudice or the settlement of a proceeding without admission of liability) in defense of any action, suit or proceeding (defined referred to in Section 16.A) or13.1 or Section 13.2 herein, or in defense of any claim, issue or matter therein, the Manager or Officer such person shall be indemnified against expenses (including attorneys’ fees) actually and reasonably incurred by such Manager him or Officer her in connection therewith.

Successful Defense. To the extent that a Manager or Officer has been successful on the merits or otherwise (including in the dismissal of an action without prejudice or the settlement of a proceeding without admission of liability) in defense of any action, suit or proceeding referred to in subsections (defined a) or (b) of this Section 2, or in Section 16.A) or, in the defense of any claim, issue or matter therein, the Manager or Company shall indemnify Officer shall be indemnified against any and all expenses (including attorneys’ fees) actually and reasonably incurred by such Manager Officer or Officer on Officer’s behalf in connection therewith. Dismissal of any action with prejudice, or a settlement not involving any payment or assumption of liability, shall be deemed a successful defense.