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

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

(2)  The director is fairly and reasonably entitled toindemnification in view of all the relevant circumstances, whether or not thedirector met the standard of conduct set forth in section 414D‑160(a) orwas found liable as described in section 414D‑160(d), but if the directorwas found liable indemnification is limited to reasonable expenses incurred. [L2001, c 105, pt of §1]