Common use of Termination of the Proceeding Clause in Contracts

Termination of the Proceeding. (a) The termination of any Proceeding which is covered by this Agreement by judgment, order or settlement, shall not of itself create a presumption for the purposes of this Agreement that the Indemnitee did not act in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the Indemnitor and, with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful.

Appears in 3 contracts

Samples: Securities Purchase Agreement (RAIT Financial Trust), Trustee Indemnification Agreement (RAIT Financial Trust), Indemnification Agreement (Resource Asset Investment Trust)

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Termination of the Proceeding. (a) The termination of any Proceeding Proceeding, which is covered by this Agreement Agreement, by judgment, order or settlement, shall not of itself create a presumption for the purposes of this Agreement that the Indemnitee did not act in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the Indemnitor Company and, with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful.

Appears in 1 contract

Samples: Indemnification Agreement (Kilroy Realty Corp)

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