Derivative Action definition

Derivative Action means any Action brought by or in the right of the Corporation and/or an Affiliate.
Derivative Action means any Action brought by or in the right of the Company and/or an Affiliate.
Derivative Action means an Eligible Proceeding by or on behalf of the Company or any Associated Corporation brought against the Indemnified Party.

Examples of Derivative Action in a sentence

  • Notwithstanding Paragraph 4(a), the court in which such Derivative Action was brought may determine upon application of Indemnitee that, in view of all circumstances of the case, indemnity for amounts paid in settlement is proper and may order indemnity for the amounts so paid in settlement and for the Expenses actually and reasonably paid in connection with such application, to the extent the court deems proper.

  • If Indemnitee was, is, or becomes a party to or a witness or other participant in, or is threatened to be made a party to or witness or other participant in an Indemnifiable Derivative Action, the Company shall, subject to the provisions of this Agreement, indemnify Indemnitee to the fullest extent permitted by law against any and all Expenses, but not judgments, fines, or, except as set forth below, amounts paid in settlement of such Derivative Action.

  • Indemnitee shall promptly notify the Company of any Indemnifiable Action or Indemnifiable Derivative Action promptly after receipt by Indemnitee of notice of the commencement of such Indemnifiable Action or Indemnifiable Derivative Action.

  • Indemnitee represents to the Company that, to Indemnitee's actual knowledge, (i) there is no Indemnifiable Action or Indemnifiable Derivative Action involving Indemnitee as of the date of this Agreement and (ii) no facts exist that may form the basis for any such Action involving Indemnitee.

  • After notice from the Company to Indemnitee of its election to so assume the defense thereof, the Company will not be liable to Indemnitee for any legal or other expenses subsequently incurred by Indemnitee in connection with the defense thereof other than reasonable costs of investigation or participation in such Action or Derivative Action (including travel expenses) or as otherwise provided below.


More Definitions of Derivative Action

Derivative Action means an action on behalf of an entity to enforce a claim that the entity could assert;
Derivative Action means any civil proceeding against a Manager for a Wrongful Act of such Manager made on behalf of, or in the name or the right of, an Insured Entity by any security holders of such Insured Entity, in their capacity as such, if such proceeding is made without the assistance, participation or solicitation of any Manager.
Derivative Action means any derivative action brought by a Company stockholder.
Derivative Action means the consolidated derivative action captioned In re Clear Channel Outdoor Holdings, Inc. Derivative Litigation, C.A. No. 7315-CS, in the Delaware Court of Chancery.
Derivative Action means any threatened, pending or completed action or suit by the Corporation to produce a judgment in favor of its shareholders, or any threatened, pending or completed action or suit in the right of the Corporation by its shareholders to procure a judgment in favor of the Corporation.
Derivative Action means any action or suit by or in the right of the Corporation to procure a judgment in its favor;
Derivative Action means a Proceeding brought by or in the right of the Company to procure a judgment in favor of the Company.