[§414D-163]  Court-ordered indemnification. 
Unless limited by a corporation's articles of incorporation, a director of the
corporation who is a party to a proceeding may apply for indemnification to the
court conducting the proceeding or to another court of competent jurisdiction. 
On receipt of an application, the court after giving any notice the court
considers necessary may order indemnification in the amount it considers proper
if it determines:



(1)  The director is entitled to mandatory
indemnification under section 414D‑161, in which case the court shall
also order the corporation to pay the director's reasonable expenses incurred
to obtain court-ordered indemnification; or



(2)  The director is fairly and reasonably entitled to
indemnification in view of all the relevant circumstances, whether or not the
director met the standard of conduct set forth in section 414D‑160(a) or
was found liable as described in section 414D‑160(d), but if the director
was found liable indemnification is limited to reasonable expenses incurred. [L
2001, c 105, pt of §1]