Common use of Advance Payment Clause in Contracts

Advance Payment. Reasonable expenses incurred by a Person of the type entitled to be indemnified under Section 17(b) who was, is or is threatened to be made a named defendant or respondent in a Proceeding shall be paid by the Company in advance of the final disposition of the Proceeding, unless otherwise determined by the Board in the specific case, upon receipt of an undertaking by or on behalf of such Indemnitee to repay such amount if it shall ultimately be determined that he or she is not entitled to be indemnified by the Company.

Appears in 5 contracts

Samples: Operating Agreement (Nuwave Solutions, L.L.C.), Limited Liability Company Agreement (Nuwave Solutions, L.L.C.), Operating Agreement (Nuwave Solutions, L.L.C.)

AutoNDA by SimpleDocs

Advance Payment. Reasonable expenses incurred by a Person of the type entitled to be indemnified under Section 17(b) 7.2 who was, is or is threatened to be made a named defendant or respondent in a Proceeding shall be paid by the Company LLC in advance of the final disposition of the Proceeding, unless otherwise determined by the Board in the specific case, Proceeding upon receipt of an undertaking by or on behalf of such Indemnitee Person to repay such amount if it shall ultimately be determined by a court of competent jurisdiction in a final and non-appealable judgment that he or she is not entitled to be indemnified by the CompanyLLC.

Appears in 3 contracts

Samples: Limited Liability Company Agreement (Triad Financial Sm LLC), Limited Liability Company Agreement (Triad Financial Corp), Limited Liability Company Agreement (Triad Financial Corp)

Advance Payment. Reasonable expenses incurred by a Person of the type entitled to be indemnified under Section 17(b) 7.2 who was, is or is threatened to be made a named defendant or respondent in a Proceeding shall be paid by the Company in advance of the final disposition of the Proceeding, unless otherwise determined by the Board in the specific case, Proceeding upon receipt of an undertaking by or on behalf of such Indemnitee Person to repay such amount if it shall ultimately be determined that he or she is not entitled to be indemnified by the Company.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (VWR, Inc.), Limited Liability Company Agreement (VWR Funding, Inc.)

Advance Payment. Reasonable expenses incurred by a an Indemnified Person of the type entitled to be indemnified under Section 17(b) who was, is or is threatened to be made a named defendant or respondent in a Proceeding shall be paid by the Company LLC in advance of the final disposition of the Proceeding, unless otherwise determined by the Board in the specific case, upon receipt of an undertaking by or on behalf of such Indemnitee Indemnified Person to repay such amount if it shall ultimately be determined that he or she is not entitled to be indemnified by the CompanyLLC.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Emmis Communications Corp), Limited Liability Company Agreement (Emmis Communications Corp)

Advance Payment. Reasonable expenses incurred by a Person of the type entitled to be indemnified under Section 17(b) 7.2 who was, is or is threatened to be made a named defendant or respondent in a Proceeding shall be paid by the Company LLC in advance of the final disposition of the Proceeding, Proceeding unless otherwise determined by the Board in the specific case, case upon receipt of an undertaking by or on behalf of such Indemnitee Person to repay such amount if it shall ultimately be determined that he or she is not entitled to be indemnified by the CompanyLLC.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Lecg Corp), Limited Liability Company Agreement (Appliance Warehouse of America Inc)

Advance Payment. Reasonable expenses incurred by a Person of the type entitled to be indemnified under Section 17(b) 7.2 who was, is or is threatened to be made a named defendant or respondent in a Proceeding shall be paid by the Company LLC in advance of the final disposition of the Proceeding, unless otherwise determined by the Board in the specific case, Proceeding upon receipt of an undertaking by or on behalf of such Indemnitee Person to repay promptly such amount if it shall ultimately be determined that he or she is not entitled to be indemnified by the CompanyLLC.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Providence Service Corp)

Advance Payment. Reasonable expenses incurred by a an Indemnified Person of the type entitled to be indemnified under Section 17(b) 6.2 who was, is or is threatened to be made a named defendant or respondent in in, or otherwise involved in, a Proceeding shall be paid by the Company, to the extent the Company has, or can readily obtain cash, in advance of the final disposition of the Proceeding, unless otherwise determined by the Board in the specific case, Proceeding upon receipt of an undertaking by or on behalf of such Indemnitee Person to repay such amount if it shall ultimately be determined that he or she is not entitled to be indemnified by the Company.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Tronc, Inc.)

Advance Payment. Reasonable expenses incurred by a Person of the type entitled to be indemnified under Section 17(b) 6.2 who was, is or is threatened to be made a named defendant or respondent in a Proceeding shall be paid by the Company in advance of the final disposition of the Proceeding, unless otherwise determined by the Board in the specific case, Proceeding upon receipt of an undertaking by or on behalf of such Indemnitee Person to repay such amount if it shall ultimately be determined by a court of competent jurisdiction in a final and non-appealable judgment that he or she is not entitled to be indemnified by the Company.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Triad Financial Sm LLC)

Advance Payment. Reasonable expenses incurred by a Person of the type entitled to be indemnified under Section 17(b14(b) who was, is or is threatened to be made a named defendant or respondent in a Proceeding shall be paid by the Company in advance of the final disposition of the Proceeding, Proceeding unless otherwise determined by the Board Members in the specific case, case upon receipt of an undertaking by or on behalf of such Indemnitee Person to repay such amount if it shall ultimately be determined that he or she is not entitled to be indemnified by the Company.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Erie Shores Emergency Physicians, Inc.)

AutoNDA by SimpleDocs

Advance Payment. Reasonable expenses incurred by a Person of the type entitled to be indemnified under Section 17(b) 7.2 who was, is or is threatened to be made a named defendant or respondent in a Proceeding shall be paid by the Company LLC in advance of the final disposition of the Proceeding, Proceeding unless otherwise determined by the Board in the specific case, case upon receipt of an undertaking by or on behalf of such Indemnitee Person to repay such amount if it shall ultimately be determined that he or she is not entitled to be indemnified by the CompanyLLC.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Solera Holdings LLC)

Advance Payment. Reasonable expenses incurred by a Person of the type entitled to be indemnified under this Section 17(b) who was, is or is threatened to be made a named defendant or respondent in a Proceeding shall be paid by the Company in advance of the final disposition of the Proceeding, Proceeding (unless otherwise determined by the Board in the specific case, ) upon receipt of an undertaking by or on behalf of such Indemnitee Person to repay such amount if it shall ultimately be determined that he or she is not entitled to be indemnified by the Company.

Appears in 1 contract

Samples: Limited Liability Company Agreement (CERES Coin LLC)

Advance Payment. Reasonable expenses incurred by a Person of the type entitled to be indemnified under Section 17(b) 6.2 who was, is or is threatened to be made a named defendant or respondent in a Proceeding shall be paid by the Company in advance of the final disposition of the Proceeding, unless otherwise determined by the Board in the specific caseas incurred, upon receipt of an undertaking by or on behalf of such Indemnitee to repay such amount if it shall ultimately be determined that he or she is not entitled to be indemnified by the Company.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Cable One, Inc.)

Advance Payment. Reasonable expenses incurred by a Person of the type entitled to be indemnified under Section 17(b) 7.2 who was, is or is threatened to be made a named defendant or respondent in a Proceeding shall be paid by the Company LLC in advance of the final disposition of the Proceeding, unless otherwise determined by the Board in the specific case, Proceeding upon receipt of an undertaking by or on behalf of such Indemnitee Person to repay promptly such amount if it shall ultimately be determined that he or she is not entitled to be indemnified by the CompanyLLC. 7.4.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Providence Service Corp)

Advance Payment. Reasonable expenses incurred by a Person of the type entitled to be indemnified under Section 17(b) 7.3 who was, is or is threatened to be made a named defendant or respondent in a Proceeding shall be paid by the Company in advance of the final disposition of the Proceeding, Proceeding unless otherwise determined by the Board in the specific case, upon receipt of an undertaking by or on behalf of such Indemnitee Person to repay such amount if it shall ultimately be determined that he or she is not entitled to be indemnified by the Company.

Appears in 1 contract

Samples: Operating Agreement (Metaldyne Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.