Indemnity in Proceedings by or in the Right of the Company Clause Example from Business Contracts

This example Indemnity in Proceedings by or in the Right of the Company clause appears in 22 contracts from 15 companies

Indemnity in Proceedings by or in the Right of the Company. Notwithstanding any other provisions of this Agreement except for Section 27, to the fullest extent permitted by applicable law, the Company shall indemnify, hold harmless and exonerate Indemnitee in accordance with the provisions of this Section 4 if Indemnitee was, is, or is threatened to be made, a party to or a participant (as a witness, deponent or otherwise) in any Proceeding by or in the right of the Company to procure a judgment in its favor. Pursuant to this Section 4, Indemnitee shall ...be indemnified against all Expenses actually and reasonably incurred by him or her or on his or her behalf in connection with such Proceeding or any claim, issue or matter therein, if Indemnitee acted in good faith and in a manner he or she reasonably believed to be in or not opposed to the best interests of the Company. No indemnification, hold harmless or exoneration for Expenses shall be made under this Section 4 in respect of any claim, issue or matter as to which Indemnitee shall have been finally adjudged by a court to be liable to the Company, unless and only to the extent that any court in which the Proceeding was brought or the Delaware Court shall determine upon application that, despite the adjudication of liability but in view of all of the circumstances of the case, Indemnitee is fairly and reasonably entitled to indemnification, to be held harmless or to exoneration. 4 5. INDEMNIFICATION FOR EXPENSES OF A PARTY WHO IS WHOLLY OR PARTLY SUCCESSFUL. Notwithstanding any other provisions of this Agreement except for Section 27, to the extent that Indemnitee was or is a party to or a participant (as a witness, deponent or otherwise) in and is successful, on the merits or otherwise, in any Proceeding or in defense of any claim, issue or matter therein, in whole or in part, the Company shall, to the fullest extent permitted by applicable law, indemnify, hold harmless and exonerate Indemnitee against all Expenses actually and reasonably incurred by him or her in connection therewith. If Indemnitee is not wholly successful in such Proceeding but is successful, on the merits or otherwise, as to one or more but less than all claims, issues or matters in such Proceeding, the Company shall, to the fullest extent permitted by applicable law, indemnify, hold harmless and exonerate Indemnitee against all Expenses actually and reasonably incurred by him or her or on his or her behalf in connection with each successfully resolved claim, issue or matter. If the Indemnitee is not wholly successful in such Proceeding, the Company also shall, to the fullest extent permitted by applicable law, indemnify, hold harmless and exonerate Indemnitee against all Expenses actually and reasonably incurred in connection with a claim, issue or matter related to any claim, issue, or matter on which the Indemnitee was successful. For purposes of this Section and without limitation, the termination of any claim, issue or matter in such a Proceeding by dismissal, with or without prejudice, shall be deemed to be a successful result as to such claim, issue or matter. View More

Found in Aquaron Acquisition Corp. contract

Roth CH Acquisition I Co Contracts

Indemnity Agreements, dated April 23, 2020, by and among the Company and the directors and officers of the Registrant (Filed With SEC on May 7, 2020)

Roth CH Acquisition II Co Contracts

Indemnity Agreements, dated December 10, 2020, by and between the Company and the directors and officers of the Company (Filed With SEC on December 16, 2020)

Roth CH Acquisition III Co Contracts

Form of Indemnity Agreement (Filed With SEC on February 11, 2021)

Mountain Crest Acquisition Corp. III Contracts

Form of Indemnity Agreement (Filed With SEC on April 27, 2021)

Indemnity Agreements, dated May 17, 2021, by and among the Company and the directors and officers of the Registrant (Filed With SEC on May 21, 2021)

Mountain Crest Acquisition Corp. IV Contracts

Form of Indemnity Agreement (Filed With SEC on May 24, 2021)