Common use of Advance Payment of Expenses Clause in Contracts

Advance Payment of Expenses. The expenses of the Member incurred in defending a civil or criminal action, suit or proceeding shall be paid by the Company as they are incurred and in advance of the final disposition of the action, suit or proceeding, upon receipt of an undertaking by or on behalf of the Member to repay the amount if it is ultimately determined by a court of competent jurisdiction that the Member is not entitled to be indemnified by the Company. The provisions of this section do not affect any rights to advancement of expenses to which personnel of the Company other than the Member may be entitled under any contract or otherwise by law.

Appears in 19 contracts

Samples: Operating Agreement (Wynn Las Vegas Capital Corp), Operating Agreement (Casino One Corp), Operating Agreement (World Travel LLC)

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Advance Payment of Expenses. The expenses of the Member and any Manager incurred in defending a civil or criminal action, suit or proceeding shall be paid by the Company as they are incurred and in advance of the final disposition of the action, suit or proceeding, upon receipt of an undertaking by or on behalf of the Member or such Manager to repay the amount if it is ultimately determined by a court of competent jurisdiction that the Member or such Manager is not entitled to be indemnified by the Company. The provisions of this section Section 9.3 do not affect any rights to advancement of expenses to which personnel of the Company other than the Member or any Manager may be entitled under any contract or otherwise by law.

Appears in 8 contracts

Samples: Operating Agreement (Affinity Gaming), Operating Agreement (Affinity Gaming), Operating Agreement (Affinity Gaming)

Advance Payment of Expenses. The expenses of the Member incurred in defending a civil or criminal action, suit or proceeding shall be paid by the Company as they are incurred and in advance of the final disposition of the action, suit or proceeding, upon receipt of an undertaking by or on behalf of the Member to repay the amount if it is ultimately determined by a court of competent jurisdiction that the Member is not entitled to be indemnified by the Company. The provisions of this section subsection do not affect any rights to advancement of expenses to which personnel of the Company other than the Member may be entitled under any contract or otherwise by law.

Appears in 7 contracts

Samples: Operating Agreement (Harrah's Atlantic City Operating Company, LLC), Operating Agreement (New Gaming Capital Partnership), Operating Agreement (Aquarius Gaming LLC)

Advance Payment of Expenses. The expenses of the Member Members and Managers incurred in defending a civil or criminal action, suit or proceeding shall be paid by the this Company as they are incurred and in advance of the final disposition of the action, suit or proceeding, upon receipt of an undertaking by or on behalf of the Member or Manager to repay the amount if it is ultimately determined by a court of competent jurisdiction that the Member he is not entitled to be indemnified by the this Company. The provisions of this section subsection do not affect any rights to advancement of expenses to which personnel of the Company other than the Member Members or Managers may be entitled under any contract or otherwise by law.

Appears in 4 contracts

Samples: Master Agreement (Paul Son Gaming Corp), Operating Agreement (Amscan Holdings Inc), Operating Agreement (Amscan Holdings Inc)

Advance Payment of Expenses. The expenses of the Member incurred in defending a civil or criminal action, suit or proceeding shall be paid by the Company as they are incurred and in advance of the final disposition of the action, suit or proceeding, upon receipt of an undertaking by or on behalf of the Member to repay the amount if it is ultimately determined by a court of competent jurisdiction that the Member is not entitled to be indemnified by the Company. The provisions of this section Section 8.4 do not affect any rights to advancement of expenses to which personnel of the Company other than the Member may be entitled under any contract or otherwise by law.

Appears in 3 contracts

Samples: Operating Agreement (Williams Electronic Games, Inc.), Operating Agreement (Williams Electronic Games, Inc.), Operating Agreement (Williams Electronic Games, Inc.)

Advance Payment of Expenses. The expenses of the Member and each Manager incurred in defending a civil or criminal action, suit or proceeding shall may be paid by the Company as they are incurred and in advance of the final disposition of the action, suit or proceeding, upon receipt of an undertaking by or on behalf of the Member or such Manager to repay the amount if it is ultimately determined by a court of competent jurisdiction that the Member or such Manager is not entitled to be indemnified by the Company. The provisions of this section subsection do not affect any rights to advancement of expenses to which personnel of the Company other than the Member or the Managers may be entitled under any contract or otherwise by law.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (NCA Resources Development Co LLC), Pse&g Transition Funding LLC

Advance Payment of Expenses. The expenses of Members and the Member Manager incurred in defending a civil or criminal action, suit or proceeding shall be paid by the this Company as they are incurred and in advance of the final disposition of the action, suit or proceeding, upon receipt of an undertaking by or on behalf of the Member or Manager to repay the amount if it is ultimately determined by a court of competent jurisdiction that the Member he is not entitled to be indemnified by the this Company. The provisions of this section subsection do not affect any rights to advancement of expenses to which personnel of the Company other than the Member Members or Manager may be entitled under any contract or otherwise by law.

Appears in 1 contract

Samples: Operating Agreement (HGI - Lakeside)

Advance Payment of Expenses. The expenses of the Member incurred in defending a civil or criminal action, suit or proceeding shall be paid by the Company as they are incurred and in advance of the final disposition of the action, suit or proceeding, upon receipt of an undertaking by or on behalf of the Member to repay the amount if it is ultimately determined by a court of competent jurisdiction that the Member is not entitled to be indemnified by the Company. The provisions of this section subsection do not affect any rights to advancement of expenses to which personnel of the Company other than the Member may be entitled under any contract contact or otherwise by law.

Appears in 1 contract

Samples: Operating Agreement (New Gaming Capital Partnership)

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Advance Payment of Expenses. The expenses of the Member Members incurred in --------------------------- defending a civil or criminal action, suit or proceeding shall may be paid by the Company as they are incurred and in advance of the final disposition of the action, suit or proceeding, upon receipt of an undertaking by or on behalf of the Member to repay the amount if it is ultimately determined by a court of competent jurisdiction that the such Member is not entitled to be indemnified by the Company. The provisions of this section subsection do not affect any rights to advancement of expenses to which personnel of the Company other than the Member Members may be entitled under any contract or otherwise by law.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Entergy Corp /De/)

Advance Payment of Expenses. The expenses of the any Member or manager incurred in defending a civil or criminal action, suit or proceeding shall be paid by the Company as they are incurred and in advance of the final disposition of the action, suit or proceeding, upon receipt of an undertaking by or on behalf of the Member or the manager to repay the amount if it is ultimately determined by a court of competent jurisdiction that the Member or the manager is not entitled to be indemnified by the Company. The provisions of this section subsection do not affect any rights to advancement of expenses to which personnel of the Company other than the Member Members or the managers may be entitled under any contract or otherwise by law.

Appears in 1 contract

Samples: Operating Agreement (Wynn Resorts LTD)

Advance Payment of Expenses. The expenses of the Member incurred in defending a civil or criminal action, suit or proceeding shall be paid by the Company as they are incurred and in advance of the final disposition of the action, suit or proceeding, upon receipt of an undertaking by or on behalf of the Member to repay the amount if it is ultimately determined by a court of competent jurisdiction that the Member is not entitled to be indemnified by the Company. The provisions of this section Section 8.5 do not affect any rights to advancement of expenses to which personnel of the Company other than the Member may be entitled under any contract or otherwise by law.

Appears in 1 contract

Samples: Operating Agreement (Wynn Las Vegas LLC)

Advance Payment of Expenses. The expenses of the Member Members incurred in defending a civil or criminal action, suit or proceeding shall may be paid by the Company as they are incurred and in advance of the final disposition of the action, suit or proceeding, upon receipt of an undertaking by or on behalf of the Member to repay the amount if it is ultimately determined by a court of competent jurisdiction that the such Member is not entitled to be indemnified by the Company. The provisions of this section subsection do not affect any rights to advancement of expenses to which personnel of the Company other than the Member Members may be entitled under any contract or otherwise by law.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Translink Management Development Corp)

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