ADVANCE EXPENSES. Unless prohibited by applicable law or court order, the Company shall pay, as they are incurred, in advance of the final disposition of a Claim, the expenses actually and reasonably incurred by an Indemnitee in respect of the Claim provided that the Company shall not make such payments unless the Company first receives from the Indemnitee a written undertaking that, if it is ultimately determined that the payment of expenses is prohibited by applicable law, the Indemnitee will repay the amounts advanced.
Appears in 4 contracts
Samples: Corporate Governance Agreement (Premier Exhibitions, Inc.), Corporate Governance Agreement (Premier Exhibitions, Inc.), Indemnification Agreement (Premier Exhibitions, Inc.)
ADVANCE EXPENSES. Unless prohibited by applicable law or court order, the Company shall pay, as they are incurred, in advance of the final disposition of a Claim, the expenses actually and reasonably incurred by an Indemnitee in respect of the Claim provided that Claim; PROVIDED THAT the Company shall not NOT make such payments unless the Company first receives from the Indemnitee a written undertaking that, if it is ultimately determined that the payment of expenses is prohibited by applicable law, the Indemnitee will repay the amounts advanced.
Appears in 4 contracts
Samples: Arrangement Agreement (Tahoe Resources Inc.), Arrangement Agreement (Pan American Silver Corp), Arrangement Agreement
