AMENDMENT TO INDEMNITY AGREEMENT
Exhibit 10.4
AMENDMENT TO
INDEMNITY AGREEMENT
INDEMNITY AGREEMENT
This Amendment to Indemnity Agreement, effective as of , 20___, is made and entered
into between First Horizon National Corporation, a Tennessee corporation (“Corporation”), and
, a director or officer of Corporation or one of its subsidiaries (“Indemnitee”).
WHEREAS, Corporation and Indemnitee previously entered into an Indemnity Agreement dated
(the “Agreement”) and now desire to amend that Agreement in accordance with the
terms hereof;
NOW, THEREFORE, in consideration of the factors stated above, the promises contained herein,
and Indemnitee’s continuing to serve Corporation directly or, at its request, indirectly through a
subsidiary, and intending to be legally bound hereby, the parties agree as follows:
The definition of “Claim” in Section 1 of the Agreement hereby is amended by adding a new
sentence at the end thereof as follows:
Moreover, Claim shall include, but is not limited to, any threatened, pending or
contemplated action, suit or proceeding, or any inquiry or investigation, in any way
arising out of or alleging any act, error or omission by the Indemnitee as a
controlling person of, or as part of a controlling group with respect to, the
Corporation or any of its subsidiaries, under any statute, regulation, doctrine,
theory, or principle in which liability may be conferred upon a controlling person
or group, a person or group exercising control, or any similar status, provided,
however, that such control or controlling status derives from or relates to the fact
that Indemnitee is or was a director or officer of Corporation or any of its
subsidiaries, or is or was serving at the request of Corporation or any of its
subsidiaries as a director, officer, employee, trustee, agent or fiduciary of
another corporation, partnership, joint venture, employee benefit plan, political
action committee, trust or other enterprise, or by reason of anything done or not
done by Indemnitee in any such capacity.
IN WITNESS WHEREOF, Corporation has caused this Agreement to be executed by its duly
authorized officers and Indemnitee has duly executed this Agreement, each as of the day first above
written.
ATTEST: | FIRST HORIZON NATIONAL CORPORATION | |||||||
By: | ||||||||
Name: [authorized officer] | ||||||||
Corporate Secretary
|
Title: | |||||||
(Indemnitee) |