Common use of Proceedings Other Than By or In the Right of the Company Clause in Contracts

Proceedings Other Than By or In the Right of the Company. Subject to the exceptions contained in Section 4(a) and in a manner consistent with applicable law, including the MGCL and the 1940 Act, to the maximum extent permitted by Maryland law in effect on the Effective Date and, to the extent contemplated by Section 18 of this Agreement, as amended from time to time, if Indemnitee was or is a party or is threatened to be made a party to any Proceeding (other than an action by or in the right of the Company) by reason of Indemnitee’s Corporate Status, the Company shall indemnify Indemnitee against all Expenses and Liabilities incurred or paid by Indemnitee in connection with such Proceeding (referred to herein as “Indemnifiable Expenses” and “Indemnifiable Liabilities,” respectively, and collectively as “Indemnifiable Amounts”). The rights of Indemnitee provided in this Section 3(a) shall include, without limitation, the rights set forth in the other sections of this Agreement, including any additional indemnification permitted by the Maryland General Corporation Law (the “MGCL”), including, without limitation, Section 2-418 of the MGCL.