In Re Mid-American Waste Systems, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the contractual claims of officers and directors for indemnity arose when the contract was executed and were therefore pre-petition, not administrative, claims
• refusing to award administrative expense status for indemnification claims arising from securities litigation, which arose pre-petition out of the applicants’ pre-petition conduct
• “[T]he plain language of § 510(b), its legislative history, and applicable case law clearly show that § 510(b
• “The ‘or otherwise in defense’ language contemplates a negotiated settlement in which the suit is dismissed with prejudice and without any payment or assumption of liability by the officer or director.”
• “The ‘or otherwise in defense’ language contemplates a negotiated settlement in which the suit is dismissed with prejudice and without any payment or assumption of liability by the officer or director.”
• “The mandatory indemnification requirement of § 145(c) of the DGCL only springs into existence when the officer or director has been ‘successful on the merits or otherwise in defense’ of the action.”

Source: CourtListener parenthetical corpus (CC0).