Methods of Determination. Upon the Board Member’s request for indemnification or advancement of Expenses, a determination with respect to the Board Member’s entitlement thereto shall be made by the Board or Independent Counsel in accordance with applicable federal and Delaware law. The Board Member shall have the right, in his or her sole discretion, to have Independent Counsel make such a determination. The Board Member shall cooperate with the person or persons making such determination, including without limitation providing to such persons upon reasonable advance request any documentation or information that is not privileged or otherwise protected from disclosure and is reasonably available to the Board Member and reasonably necessary to such determination. Any Expenses incurred by the Board Member in so cooperating shall be borne by the Fund, irrespective of the determination as to the Board Member’s entitlement to indemnification or advancement of Expenses.
Appears in 67 contracts
Sources: Indemnification Agreement (Capital Group KKR Core Plus (Plus)), Indemnification Agreement (Capital Group KKR Multi-Sector (Plus)), Indemnification Agreement (Capital Group Growth ETF)
Methods of Determination. Upon the Board Member’s 's request for indemnification or advancement of Expenses, a determination with respect to the Board Member’s 's entitlement thereto shall be made by the Board or Independent Counsel in accordance with applicable federal and Delaware law. The Board Member shall have the right, in his or her sole discretion, to have Independent Counsel make such a determination. The Board Member shall cooperate with the person or persons making such determination, including without limitation providing to such persons upon reasonable advance request any documentation or information that is not privileged or otherwise protected from disclosure and is reasonably available to the Board Member and reasonably necessary to such determination. Any Expenses incurred by the Board Member in so cooperating shall be borne by the Fund, irrespective of the determination as to the Board Member’s 's entitlement to indemnification or advancement of Expenses.
Appears in 6 contracts
Sources: Indemnification Agreement (Cash Management Trust of America), Indemnification Agreement (Fundamental Investors Inc), Shareholder Services Agreement (Income Fund of America Inc)
Methods of Determination. Upon the Board Member’s request for indemnification or advancement of Expenses, a determination with respect to the Board Member’s entitlement thereto shall be made by the Board or Independent Counsel in accordance with applicable federal and Delaware law. The Board Member shall have the right, in his or her sole discretion, to have Independent Counsel make such a determination. The Board Member shall cooperate with the person or persons making such determination, including without limitation providing to such persons upon reasonable advance request any documentation or information that is not privileged or otherwise protected from disclosure and is reasonably available to the Board Member and reasonably necessary to such determination. Any Expenses incurred by the Board Member in so cooperating shall be borne by the Fund, irrespective of the determination as to the Board Member’s entitlement to indemnification or advancement of Expenses.
Appears in 3 contracts
Sources: Indemnification Agreement (Emerging Markets Growth Fund Inc), Administrative Services Agreement (Short-Term Bond Fund of America), Administrative Services Agreement (International Growth & Income Fund, Inc.)
Methods of Determination. Upon the Board Member’s request for indemnification or advancement of Expenses, a determination with respect to the Board Member’s entitlement thereto shall be made by the Board or Independent Counsel in accordance with applicable federal and Delaware law. The Board Member shall have the right, in his or her sole discretion, to have Independent Counsel make such a determination. The Board Member shall cooperate with the person or persons making such determination, including without limitation providing to such persons upon reasonable advance request any documentation or information that is not privileged or otherwise protected from disclosure and is reasonably available to the Board Member and reasonably necessary to such determination. Any Expenses incurred by the Board Member in so cooperating shall be borne by the FundSeries, irrespective of the determination as to the Board Member’s entitlement to indemnification or advancement of Expenses.
Appears in 1 contract
Sources: Administrative Services Agreement (American Funds Target Date Retirement Series)
Methods of Determination. Upon the Board Member’s 's request for indemnification or advancement of Expenses, a determination with respect to the Board Member’s 's entitlement thereto shall be made by the Board or Independent Counsel in accordance with applicable federal and Delaware law. The Board Member shall have the right, in his or her sole discretion, to have Independent Counsel make such a determination. The Board Member shall cooperate with the person or persons making such determination, including without limitation providing to such persons upon reasonable advance request any documentation or information that is not privileged or otherwise protected from disclosure and is reasonably available to the Board Member and reasonably necessary to such determination. Any Expenses incurred by the Board Member in so cooperating shall be borne by the FundTrust, irrespective of the determination as to the Board Member’s 's entitlement to indemnification or advancement of Expenses.
Appears in 1 contract
Sources: Business Management Agreement (American Funds Tax Exempt Series I)