Common use of Advance Payment of Expenses Clause in Contracts

Advance Payment of Expenses. Expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by the Company in advance of the final disposition of such action, suit or proceeding upon receipt of an undertaking by or on behalf of the director, officer, employee or agent to repay such amount if it shall ultimately be determined that he is not entitled to be indemnified by the Company as authorized in this section.

Appears in 13 contracts

Samples: Limited Liability Company Agreement (TransDigm Group INC), Limited Liability Company Agreement (TransDigm Group INC), Operating Agreement (Cda Intercorp LLC)

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Advance Payment of Expenses. Expenses The expenses of the Member and/or Officers incurred in defending a civil or criminal action, suit or proceeding may shall be paid by the Company Series with which the Member and/or Officer is associated as they are incurred and in advance of the final disposition of such the action, suit or proceeding proceeding, upon receipt of an undertaking by or on behalf of the director, officer, employee or agent Member to repay such the amount if it shall is ultimately be determined by a court of competent jurisdiction that he the Member is not entitled to be indemnified by the Company as authorized in this sectionSeries.

Appears in 3 contracts

Samples: Operating Agreement (Aquarius Gaming LLC), Operating Agreement (Stratosphere Corp), Operating Agreement (Stratosphere Corp)

Advance Payment of Expenses. Expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by the Company in advance of the final disposition of such action, suit or proceeding upon receipt of an undertaking by or on behalf of the manager, director, officer, employee or agent to repay such amount if it shall ultimately be determined that he is not entitled to be indemnified by the Company as authorized in this section.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (TransDigm Group INC), Limited Liability Company Agreement (TransDigm Group INC)

Advance Payment of Expenses. Expenses Expenses, including attorney fees, incurred by a person who is or was a director or officer in defending a civil civil, criminal, administrative or criminal investigative action, suit or proceeding may shall be paid by the Company Corporation in advance of the final disposition of such action, suit or proceeding upon receipt of an undertaking by or on behalf of the director, officer, employee director or agent officer to repay such amount if it shall is ultimately be determined that he the director or officer is not entitled to be indemnified by the Company Corporation as authorized in this section.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Cec Entertainment Inc), Agreement and Plan of Merger (Hospitality Distribution Inc)

Advance Payment of Expenses. Expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by the Company in advance of the final disposition of such action, suit or proceeding upon receipt of an undertaking by or on behalf of the director, officer, employee or agent to repay such amount if it shall ultimately be determined that he is not entitled to be indemnified by the Company as authorized in this section. Section 6.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (TransDigm Group INC), Redi-Mix, LLC

Advance Payment of Expenses. Expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by the Company in advance of the final disposition of such the action, suit or proceeding as authorized by a Majority in Interest of the Voting Members in the specific case upon receipt of an undertaking by or on behalf of the directorMember, Manager, officer, employee or agent to repay such amount if unless it shall ultimately be determined that he or she is not entitled to be indemnified by the Company as authorized in this sectionArticle.

Appears in 1 contract

Samples: Operating Agreement (Labarge Inc)

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Advance Payment of Expenses. Expenses incurred by Employee in defending a civil or criminal action, suit or proceeding may be paid by the Company Employer in advance of the final disposition of such action, suit or proceeding if authorized by the Board of Directors of Employer upon receipt of an undertaking by or on behalf of the director, officer, employee or agent Employee to repay such amount if unless it shall ultimately be determined that he is not entitled to be indemnified by the Company as authorized in this sectionEmployer pursuant to Section 14 hereof.

Appears in 1 contract

Samples: Employment Agreement (Corestaff Inc)

Advance Payment of Expenses. Expenses incurred in defending a civil or criminal action, suit or proceeding may shall be paid by the Company in advance of the final disposition of such action, suit or proceeding upon receipt of an undertaking by or on behalf of the director, officer, employee or agent Executive to repay such amount if it shall ultimately be determined that he she is not entitled to be indemnified by the Company as authorized in this section.

Appears in 1 contract

Samples: Separation and Consulting Agreement (TransDigm Group INC)

Advance Payment of Expenses. Expenses (including attorneys’ fees) incurred by an indemnitee in defending a civil any civil, criminal, administrative or criminal investigative action, suit or proceeding may be paid by the Company Corporation in advance of the final disposition of such action, suit or proceeding upon receipt of an undertaking such terms and conditions, if any, as the Corporation deems appropriate, by or on behalf resolution of the director, officer, employee or agent to repay such amount if it shall ultimately be determined that he is not entitled to be indemnified by the Company as authorized in this sectionBoard.

Appears in 1 contract

Samples: Investor Rights Agreement (MDH Acquisition Corp.)

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