Indemnification for Additional Expenses. The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall advance such Expenses to Indemnitee subject to and in accordance with Section 3(b), which are incurred by Indemnitee in connection with any action brought by Indemnitee for (a) indemnification or an Expense Advance by the Company under this Agreement or any Charter or Bylaw provision now or hereafter in effect and/or (b) recovery under any directors’ and officers’ liability insurance policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, Expense Advance, or insurance recovery, as the case may be.
Appears in 2 contracts
Sources: Indemnification Agreement (Ii-Vi Inc), Indemnification Agreement (Ii-Vi Inc)
Indemnification for Additional Expenses. The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall advance such Expenses to Indemnitee subject to and in accordance with Section 3(b), which expenses (including attorneys' fees) that are incurred by Indemnitee in connection with any claim asserted against or action brought by Indemnitee for (ai) indemnification of Expenses or an Expense Advance Judgments or advance payment of Expenses by the Company under this Agreement or under any Charter other agreement, the Company's Certificate of Incorporation, statute or Bylaw provision rule of law now or hereafter in effect and/or relating to Claims for Indemnifiable Events and (bii) recovery under any directors’ ' and officers’ ' liability insurance policy or policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, Expense Advance, advance expense payment or insurance recovery, as the case may be.
Appears in 2 contracts
Sources: Indemnification Agreement (Gardner Denver Inc), Indemnification Agreement (Om Group Inc)
Indemnification for Additional Expenses. The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall advance such Expenses to Indemnitee subject to and in accordance with Section 3(b2(b), which are incurred by Indemnitee in connection with any action brought by Indemnitee for (ai) indemnification or an Expense Advance by the Company under this Agreement or any Charter Company By-Law or Bylaw Certificate of Incorporation provision now or hereafter in effect and/or (bii) recovery under any directors’ and officers’ liability insurance policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, Expense Advance, Advance or insurance recovery, as the case may be.
Appears in 2 contracts
Sources: Indemnification Agreement (Navistar International Corp), Indemnification Agreement (Navistar International Corp)
Indemnification for Additional Expenses. The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall advance such Expenses to Indemnitee subject to and in accordance with Section 3(b2(b), which are incurred by Indemnitee in connection with any claim assessed against or action brought by Indemnitee for (ai) indemnification or an Expense Advance by the Company under this Agreement or any Charter Company By-law or Bylaw provision of the Company’s Certificate of Incorporation now or hereafter in effect and/or (bii) recovery under any directors’ and officers’ liability insurance policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, Expense Advance, Advance or insurance recovery, as the case may be.
Appears in 2 contracts
Sources: Indemnification Agreement (Forestar Real Estate Group Inc.), Indemnification Agreement (Guaranty Financial Group Inc.)
Indemnification for Additional Expenses. The Company shall indemnify Indemnitee against any and all Expenses expenses (including attorneys’ fees) and, if requested by Indemnitee, shall advance such Expenses expenses to Indemnitee subject to and in accordance with Section 3(b)Indemnitee, which are incurred by Indemnitee in connection with any action brought by Indemnitee for (ai) indemnification or an Expense Advance advance payment of Expenses by the Company under this Agreement or any Charter other agreement or Bylaw provision the Bylaws, now or hereafter later in effect relating to Claims for Indemnifiable Events and/or (bii) recovery under any directors’ directors and officers’ officers liability insurance policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, Expense Advanceadvance expense payment, or insurance recovery, as the case may be.
Appears in 2 contracts
Sources: Indemnification Agreement (DiaMedica Therapeutics Inc.), Indemnification Agreement (DiaMedica Therapeutics Inc.)
Indemnification for Additional Expenses. The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall advance such Expenses to Indemnitee subject to and in accordance with Section 3(b), expenses (including attorney's fees) which are incurred by Indemnitee in connection with any claim asserted against or action brought by Indemnitee for (ai) indemnification of Expenses or an Expense Advance Judgments or advance payment of Expenses by the Company under this Agreement or under any Charter other agreement, the Company's Regulations, statute or Bylaw provision rule of law now or hereafter in effect relating to claims for Indemnifiable Events and/or (bii) recovery under any directors’ ' and officers’ ' liability insurance policy or policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, Expense Advance, advance expense payment or insurance recovery, as the case may be.
Appears in 2 contracts
Sources: Indemnification Agreement (Amcast Industrial Corp), Indemnification Agreement (Robbins & Myers Inc)
Indemnification for Additional Expenses. The Company shall indemnify Indemnitee against any and all Expenses expenses (including attorneys’ fees) and, if requested by Indemnitee, shall advance such Expenses expenses to Indemnitee subject to and in accordance with Section 3(b)Indemnitee, which are incurred by Indemnitee in connection with any action brought by Indemnitee for (ai) indemnification or an Expense Advance advance payment of Expenses by the Company under this Agreement or any Charter other agreement or Bylaw provision the Articles, now or hereafter later in effect relating to Claims for Indemnifiable Events and/or (bii) recovery under any directors’ directors and officers’ officers liability insurance policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, Expense Advanceadvance expense payment, or insurance recovery, as the case may be.
Appears in 2 contracts
Sources: Indemnification Agreement (DiaMedica Therapeutics Inc.), Indemnification Agreement (DiaMedica Therapeutics Inc.)
Indemnification for Additional Expenses. The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall advance such Expenses to Indemnitee Indemnitee, subject to and in accordance with Section 3(b2(b), which as are incurred by Indemnitee in connection with any action brought by Indemnitee for (ai) indemnification or an Expense Advance by the Company under this Agreement or any Charter Company By-law or Bylaw charter provision now or hereafter in effect and/or (bii) recovery under any directors’ and officers’ liability insurance policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, Expense Advance, or insurance recovery, as the case may be.
Appears in 1 contract
Indemnification for Additional Expenses. The Company shall indemnify indemnify, or cause the indemnification of, the Indemnitee against any and all Indemnifiable Expenses and, if requested by the Indemnitee, shall advance such Indemnifiable Expenses to the Indemnitee subject to and in accordance with Section 3(bSections 2(b) and (d), which are incurred by the Indemnitee in connection with any action brought by the Indemnitee for (ai) indemnification or an Expense Advance by the Company under this Agreement or any Charter or Bylaw provision now or hereafter in effect and/or (bii) recovery under any directors’ and officers’ liability insurance policies maintained by the Company, regardless of whether the Indemnitee ultimately is determined to be entitled to such indemnification, Expense Advance, Advance or insurance recovery, as the case may be.
Appears in 1 contract
Sources: Indemnification Agreement (Abm Industries Inc /De/)
Indemnification for Additional Expenses. The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall advance such Expenses to Indemnitee subject to and in accordance with Section 3(b2(b), which are incurred by Indemnitee in connection with any action brought by Indemnitee for (ai) indemnification or an Expense Advance by the Company under this Agreement or any Charter Certificate of Incorporation or Bylaw provision now or hereafter in effect and/or (bii) recovery under any directors’ and officers’ liability insurance policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, Expense Advance, Advance or insurance recovery, as the case may be.
Appears in 1 contract
Sources: Indemnification Agreement (Advance America, Cash Advance Centers, Inc.)
Indemnification for Additional Expenses. The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall advance such Expenses to Indemnitee subject to and in accordance with Section 3(b), which expenses (including attorneys' fees) that are incurred by Indemnitee in connection with any claim asserted against or action brought by Indemnitee for (ai) indemnification of Expenses or an Expense Advance Judgments or advance payment of Expenses by the Company under this Agreement or under any Charter other agreement, the Company's articles, statute or Bylaw provision rule of law now or hereafter in effect and/or relating to Claims for Indemnifiable Events and (bii) recovery under any directors’ ' and officers’ ' liability insurance policy or policies maintained by the Company, regardless of whether 4 Indemnitee ultimately is determined to be entitled to such indemnification, Expense Advance, advance expense payment or insurance recovery, as the case may be.
Appears in 1 contract
Indemnification for Additional Expenses. The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall advance such Expenses to Indemnitee subject to and in accordance with Section 3(b), which are incurred by Indemnitee in connection with any action brought by Indemnitee for (a) indemnification or an Expense Advance by the Company under this Agreement or any Charter Certificate of Incorporation or Bylaw provision now or hereafter in effect and/or (b) recovery under any directors’ and officers’ liability insurance policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, Expense Advance, Advance or insurance recovery, as the case may be.
Appears in 1 contract
Sources: Indemnification Agreement (Bz Intermediate Holdings LLC)
Indemnification for Additional Expenses. The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall advance such Expenses to Indemnitee subject to and in accordance with Section 3(b2(b), which are incurred by Indemnitee in connection with any action brought by Indemnitee for (ai) indemnification or an Expense Advance by the Company under this Agreement or any Charter provision of the Company’s Certificate of Incorporation or Bylaw provision Bylaws now or hereafter in effect and/or (bii) recovery under any directors’ and officers’ liability insurance policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, Expense Advance, Advance or insurance recovery, as the case may be.
Appears in 1 contract
Indemnification for Additional Expenses. The Company shall indemnify indemnify, or cause the indemnification of, the Indemnitee against any and all Indemnifiable Expenses and, if requested by the Indemnitee, shall advance such Indemnifiable Expenses to the Indemnitee subject to and in accordance with Section 3(bSections 2(b) and (e), which are actually and reasonably incurred by the Indemnitee in connection with any action Claim brought by the Indemnitee for (ai) indemnification or an Expense Advance by the Company under this Agreement or any Charter or Bylaw provision now or hereafter in effect and/or (bii) recovery under any directors’ and officers’ liability insurance policies maintained by the Company, regardless of whether the Indemnitee ultimately is determined to be entitled to such indemnification, Expense Advance, Advance or insurance recovery, as the case may be.
Appears in 1 contract
Sources: Indemnification Agreement (Abm Industries Inc /De/)
Indemnification for Additional Expenses. The Company shall also indemnify Indemnitee the Indenmitee against any and all Expenses and, if requested by Indemniteeshall pay, shall advance such Expenses pursuant to the request of the Indemnitee subject to and made in accordance with Section clause 3(b), which are incurred by Indemnitee any Expenses in connection with any action brought Claim by Indemnitee for (a) indemnification or an Expense Advance payment of Expenses by the Company under any provision of this Agreement Agreement, or under any Charter other agreement or Bylaw provision of the Constituent Documents now or hereafter in effect relating to Indemnifiable Claims, and/or (b) recovery under any directors’ and officers’ liability insurance policies maintained by the Company, regardless in each case of whether Indemnitee ultimately is determined to be entitled to such indemnification, Expense Advance, payment or insurance recovery, as the case may be.
Appears in 1 contract
Sources: Share Subscription Agreement (Le Gaga Holdings LTD)
Indemnification for Additional Expenses. The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall advance such Expenses to Indemnitee subject to and in accordance with Section 3(b2(b), which are incurred by Indemnitee in connection with any action brought by Indemnitee for (ai) indemnification or an Expense Advance by the Company under this Agreement or any Charter Company Bylaw or Bylaw certificate of incorporation provision now or hereafter in effect and/or (bii) recovery under any directors’ and officers’ liability insurance policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, Expense Advance, Advance or insurance recovery, as the case may be.
Appears in 1 contract
Indemnification for Additional Expenses. The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall advance such Expenses to Indemnitee subject to and in accordance with Section 3(b2(b), which are incurred by Indemnitee in connection with any action brought by Indemnitee for (ai) indemnification or an Expense Advance by the Company under this Agreement or any Charter provision of the Company’s Certificate of Incorporation or Bylaw provision Amended Bylaws now or hereafter in effect and/or (bii) recovery under any directors’ and officers’ liability insurance policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, Expense Advance, Advance or insurance recovery, as the case may be.
Appears in 1 contract
Indemnification for Additional Expenses. The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall advance such Expenses to Indemnitee Indemnitee, subject to and in accordance with Section 3(b2(b), which as are incurred by Indemnitee in connection with any action brought by Indemnitee for (ai) indemnification or an Expense Advance by the Company under this Agreement or any Charter Company By-law or Bylaw charter provision now or hereafter in effect and/or (bii) recovery under any directors’ ' and officers’ ' liability insurance policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, Expense Advance, or insurance recovery, as the case may be.
Appears in 1 contract
Indemnification for Additional Expenses. The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall advance such Expenses to Indemnitee subject to and in accordance with Section 3(b), which expenses (including attorney fees) that are incurred by Indemnitee in connection with any claim asserted against or action brought by Indemnitee for (ai) indemnification of Expenses or an Expense Advance Judgments or advance payment of Expenses by the Company under this Agreement or under any Charter other agreement, the Company’s articles, statute or Bylaw provision rule of law now or hereafter in effect relating to Claims for Indemnifiable Events and/or (bii) recovery under any directors’ and officers’ liability insurance policy or policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, Expense Advance, advance expense payment or insurance recovery, as the case may be.
Appears in 1 contract
Indemnification for Additional Expenses. The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall advance such Expenses to Indemnitee subject to and in accordance with Section 3(b), expenses (including attorneys' fees) which are incurred by Indemnitee in connection with any claim asserted against or action brought by Indemnitee for (ai) indemnification of Expenses or an Expense Advance Judgments or advance payment of Expenses by the Company under this Agreement or under any Charter other agreement, the Company's Regulations, statute or Bylaw provision rule of law now or hereafter in effect relating to claims for Indemnifiable Events and/or (bii) recovery under any directors’ directors and officers’ officers liability insurance policy or policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, Expense Advance, advance expense payment or insurance recovery, as the case may be.
Appears in 1 contract
Indemnification for Additional Expenses. The Company shall indemnify indemnify, or cause the indemnification of, the Indemnitee against any and all Indemnifiable Expenses and, if requested by the Indemnitee, shall advance such Indemnifiable Expenses to the Indemnitee subject to and in accordance with Section 3(bSections 2(b) and (d), which are incurred by the Indemnitee in connection with any action brought by the Indemnitee for (ai) indemnification or an Expense Advance by the Company under this Agreement or any Charter or Bylaw provision now or hereafter in effect and/or (bii) recovery under any directors’ ' and officers’ ' liability insurance policies maintained by the Company, regardless of whether the Indemnitee ultimately is determined to be entitled to such indemnification, Expense Advance, Advance or insurance recovery, as the case may be.
Appears in 1 contract
Indemnification for Additional Expenses. The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall advance such Expenses to Indemnitee subject to and in accordance with Section 3(b2(b), which are incurred by Indemnitee in connection with any action brought by Indemnitee for (ai) indemnification or an Expense Advance by the Company under this Agreement or any Charter Company By-law or Bylaw charter provision now or hereafter in effect and/or (bii) recovery under any directors’ ' and officers’ ' liability insurance policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, Expense Advance, Advance or insurance recovery, as the case may be.
Appears in 1 contract
Sources: Director Indemnification Agreement (Builders FirstSource, Inc.)
Indemnification for Additional Expenses. The Company shall indemnify Indemnitee against any and all Expenses expenses (including attorneys' fees) and, if requested by Indemnitee, shall (within two business days of such request) advance such Expenses expenses to Indemnitee subject to and in accordance with Section 3(b)Indemnitee, which are incurred by Indemnitee Indenmitee in connection with any action brought by Indemnitee for (ai) indemnification or an Expense Advance advance payment of Expenses by the Company under this Agreement or any Charter or Bylaw provision now or hereafter in effect relating to Claims for Indemnifiable Events and/or (bii) recovery under any directors’ ' and officers’ ' liability insurance policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, Expense Advance, advance expense payment or insurance recovery, as the case may be.
Appears in 1 contract
Indemnification for Additional Expenses. The Company shall also indemnify the Indemnitee against any and all Expenses and, if requested by Indemniteeshall pay, shall advance such Expenses pursuant to the request of the Indemnitee subject to and made in accordance with Section clause 3(b), which are incurred by Indemnitee any Expenses in connection with any action brought Claim by Indemnitee for (a) indemnification or an Expense Advance by payment of Expenses the Company under any provision of this Agreement Agreement, or under any Charter other agreement or Bylaw provision of the Constituent Documents now or hereafter in effect and/or relating to Indemnifiable Claims, and or (b) recovery under any directors’ and officers’ liability insurance policies maintained by the Company, regardless in each case of whether Indemnitee ultimately is determined to be entitled to such indemnification, Expense Advance, payment or insurance recovery, as the case may be.
Appears in 1 contract
Indemnification for Additional Expenses. The Company shall indemnify Indemnitee against any and all Expenses andExpenses, and (if requested by Indemnitee, ) shall advance such Expenses to Indemnitee subject to and in accordance with Section 3(b2(b), which are incurred by Indemnitee in connection with any action brought by Indemnitee for (ai) indemnification or an Expense Advance by the Company under this Agreement or any Charter other agreement or Bylaw provision the By-Laws now or hereafter in effect relating to Claims for Indemnifiable Events, and/or (bii) recovery under any directors’ ' and officers’ ' liability insurance policy or policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, Expense Advance, Advance or insurance recovery, as the case may be.
Appears in 1 contract
Indemnification for Additional Expenses. The Company shall indemnify Indemnitee against any and all Expenses andExpenses, and (if requested by Indemnitee, ) shall advance such Expenses to Indemnitee subject to and in accordance with Section 3(b2(b), which are incurred by Indemnitee in connection with any action brought by Indemnitee for (ai) indemnification or an Expense Advance by the Company under this Agreement or any Charter other agreement or Bylaw provision the Bylaws now or hereafter in effect relating to Claims for Indemnifiable Events, and/or (bii) recovery under any directors’ and officers’ liability insurance policy or policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, Expense Advance, Advance or insurance recovery, as the case may be.
Appears in 1 contract
Sources: Indemnification Agreement (Computer Vision Systems Laboratories Corp.)
Indemnification for Additional Expenses. The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall advance such Expenses to Indemnitee subject to and in accordance with Section 3(b2(b), which are incurred by Indemnitee in connection with any action brought by Indemnitee for (ai) indemnification or an Expense Advance by the Company under this Agreement or any Charter Certificate of Incorporation or Bylaw By-law provision now or hereafter in effect and/or (bii) recovery under any directors’ ' and officers’ ' liability insurance policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, Expense Advance, Advance or insurance recovery, as the case may be.
Appears in 1 contract
Sources: Indemnification Agreement (CF Industries Holdings, Inc.)
Indemnification for Additional Expenses. The Company shall also indemnify the Indemnitee against any and all Expenses and, if requested by Indemniteeshall pay, shall advance such Expenses pursuant to the request of the Indemnitee subject to and made in accordance with Section clause 3(b), which are incurred by Indemnitee any Expenses in connection with any action brought Claim by Indemnitee for (a) indemnification or an Expense Advance payment of Expenses by the Company under any provision of this Agreement Agreement, or under any Charter other agreement or Bylaw provision of the Constituent Documents now or hereafter in effect relating to Indemnifiable Claims, and/or (b) recovery under any directors’ and officers’ liability insurance policies maintained by the Company, regardless in each case of whether Indemnitee ultimately is determined to be entitled to such indemnification, Expense Advance, payment or insurance recovery, as the case may be.
Appears in 1 contract
Sources: Series a Preferred Share Purchase Agreement (Le Gaga Holdings LTD)
Indemnification for Additional Expenses. The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall advance such Expenses to Indemnitee subject to and in accordance with Section 3(b2(b), which are incurred by Indemnitee in connection with any action brought by Indemnitee for (ai) indemnification or an Expense Advance by the Company under this Agreement or any Charter other agreement or Bylaw provision Company By-law now or hereafter in effect relating to Claims for Indemnifiable Events and/or (bii) recovery under any directors’ ' and officers’ ' liability insurance policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, Expense Advance, Advance or insurance recovery, as the case may be.
Appears in 1 contract
Indemnification for Additional Expenses. The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall advance such Expenses to Indemnitee subject to and in accordance with Section 3(b), which expenses (including attorneys' fees) that are incurred by Indemnitee in connection with any claim asserted or action brought by Indemnitee for (ai) indemnification or an Expense Advance advance payment of Expenses by the Company under this Agreement or any Charter other agreement, provision of the Articles or Bylaw provision Bylaws of the Company now or hereafter in effect and/or relating to Claims for Indemnifiable Events or (bii) recovery under any directors’ ' and officers’ ' liability insurance policies maintained by the Company, regardless of whether but only if Indemnitee ultimately is determined to be entitled to such indemnification, Expense Advance, advance expenses payment or insurance recovery, as the case may be.
Appears in 1 contract
Indemnification for Additional Expenses. The Company shall indemnify Indemnitee against any and all Expenses and, if requested by Indemnitee, shall advance provide such Expenses Expense Advances to Indemnitee subject to and in accordance with Section 3(b2(b), which are incurred by Indemnitee in connection with any action brought by Indemnitee for (ai) indemnification or an payment of Expense Advance Advances by the Company under this Agreement Agreement, the Bylaws or any the Charter or Bylaw provision now or hereafter in effect and/or (bii) recovery under any directors’ and officers’ liability insurance policies maintained by the Company, regardless of whether Indemnitee ultimately is determined to be entitled to such indemnification, Expense Advance, Advance or insurance recovery, as the case may be.
Appears in 1 contract
Indemnification for Additional Expenses. The Company shall indemnify the Indemnitee against any and all Expenses and, if requested by the Indemnitee, shall advance such Expenses to the Indemnitee subject to and in accordance with Section 3(b2(d), which are incurred by the Indemnitee in connection with any action brought by the Indemnitee for (ai) indemnification or an Expense Advance by the Company under this Agreement or any Charter or Bylaw provision Company Bye-law now or hereafter in effect and/or (bii) recovery under any directors’ and Peak International Limited Indemnification Agreement officers’ liability insurance policies maintained by the Company, regardless of whether the Indemnitee ultimately is determined to be entitled to such indemnification, Expense Advance, Advance or insurance recovery, as the case may be.
Appears in 1 contract