Advancement of Expenses. The Company shall advance all expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referred to in Section l(a) or Section 1(b) hereof (including amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby.
Appears in 90 contracts
Samples: Executive Employment Agreement (Viracta Therapeutics, Inc.), Employment Agreement (Opti-Harvest, Inc.), Employment Agreement (Opti-Harvest, Inc.)
Advancement of Expenses. The Company shall advance all expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referred to in Section l(a1(a) or Section 1(b) hereof (including amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby.
Appears in 20 contracts
Samples: Preferred Stock Purchase Agreement (WhiteSmoke, Inc.), Preferred Stock Purchase Agreement (WhiteSmoke, Inc.), Voting Agreement (WhiteSmoke, Inc.)
Advancement of Expenses. The Company shall advance all expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referred to referenced in Section l(a1(a) or Section 1(b(b) hereof (including but not amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby.
Appears in 14 contracts
Samples: Indemnification Agreement (Medquist Inc), Indemnification Agreement (Medquist Inc), Indemnification Agreement (Medquist Inc)
Advancement of Expenses. The Company shall advance all expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referred to in Section l(a1(a) or Section 1(b) hereof of this Agreement (including amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby.
Appears in 9 contracts
Samples: Indemnification Agreement (Landec Corp \Ca\), Indemnification Agreement (Mendocino Brewing Co Inc), Indemnification Agreement (Mendocino Brewing Co Inc)
Advancement of Expenses. The Company shall advance all expenses ----------------------- incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referred to in Section l(a) or Section 1(b) hereof (including amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby.
Appears in 7 contracts
Samples: Indemnification Agreement (Raster Graphics Inc), Indemnification Agreement (Pilot Network Services Inc), Indemnification Agreement (Applied Micro Circuits Corp)
Advancement of Expenses. The Company shall advance all reasonable expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil civil, criminal, administrative or criminal investigative action, suit or proceeding referred to referenced in Section l(aSections 2(a) or Section 1(b(b) hereof (including but not amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby.
Appears in 5 contracts
Samples: Indemnification Agreement (Gary Player Direct Inc), Indemnification Agreement (Gary Player Direct Inc), Indemnification Agreement (Gary Player Direct Inc)
Advancement of Expenses. The Company shall advance all expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding Proceeding referred to in Section l(a) or Section 1(b) hereof of this Agreement (including amounts actually paid in settlement of any such action, suit or proceedingProceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby.
Appears in 5 contracts
Samples: Indemnification Agreement (Zai Lab LTD), Indemnification Agreement (Chukong Holdings LTD), Indemnification Agreement (Hutchison China MediTech LTD)
Advancement of Expenses. The Company shall advance all expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referred to in Section l(a1(a) or Section 1(b) hereof (including amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined determined, in accordance with Section 3(c), that Indemnitee is not entitled to be indemnified by the Company as authorized hereby.
Appears in 5 contracts
Samples: Indemnification Agreement (Tesaro, Inc.), Indemnification Agreement (Tesaro, Inc.), Indemnification Agreement (Tesaro, Inc.)
Advancement of Expenses. The Company shall advance all reasonable expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil civil, criminal, administrative or criminal investigative action, suit or proceeding referred to referenced in Section l(a2(a) or Section 1(b(b) hereof (including but not amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby.
Appears in 5 contracts
Samples: Indemnification Agreement (Tag It Pacific Inc), Indemnification Agreement (Symposium Telecom Corp), Indemnification Agreement (Golf One Industries Inc)
Advancement of Expenses. The Company shall advance all expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referred to in Section l(a) or Section 1(bl(b) hereof (including amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby.
Appears in 4 contracts
Samples: Indemnification Agreement (Cyclacel Pharmaceuticals, Inc.), Indemnification Agreement (Cyclacel Pharmaceuticals, Inc.), Form of Indemnification Agreement (BioPharmX Corp)
Advancement of Expenses. The Company shall advance all expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referred to in Section l(a) or Section 1(b) hereof of this Agreement (including amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby.
Appears in 3 contracts
Samples: Indemnification Agreement (Edgar Online Inc), Indemnification Agreement (Edgar Online Inc), Indemnification Agreement (Edgar Online Inc)
Advancement of Expenses. The Company shall advance all expenses incurred by Indemnitee Indemnitee, and, to the fullest extent permitted by law, amounts paid in settlement by Indemnitee, in connection with the investigation, defense, settlement settlement, or appeal of any civil or criminal action, suit suit, or proceeding referred to referenced in Section l(a) 1.1 or Section 1(b) hereof (including amounts actually paid in settlement 1.2 of any such action, suit or proceeding)this Agreement. Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized herebyby this Agreement.
Appears in 3 contracts
Samples: Indemnification Agreement (Penn Octane Corp), Indemnification Agreement (Rio Vista Energy Partners Lp), Indemnification Agreement (Penn Octane Corp)
Advancement of Expenses. The Company shall advance all expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referred to in Section l(a) or Section 1(b) hereof (including amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee proceeding).Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby.
Appears in 2 contracts
Samples: Employment Agreement (Gen 2 Technologies Inc.), Employment Agreement (Gen 2 Technologies Inc.)
Advancement of Expenses. The Company shall advance all expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referred to referenced in Section l(a1(a) or Section 1(b(b) hereof (including but not amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced (without interest) only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby.
Appears in 2 contracts
Samples: Form of Indemnification Agreement (Rubicon Technology, Inc.), Form of Indemnification Agreement (Rubicon Technology, Inc.)
Advancement of Expenses. The Company shall advance all expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referred to in Section l(a) 1.1 or Section 1(b) 1.2 hereof (including amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby.
Appears in 2 contracts
Samples: Indemnification Agreement (Civeo Corp), Indemnification Agreement (Civeo Corp)
Advancement of Expenses. The Company shall advance all expenses incurred by Indemnitee in connection with the investigation, defense, settlement settlement, or appeal of any civil or criminal action, suit suit, or proceeding referred to in Section l(a1(a) or Section 1(b) hereof (including amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby.
Appears in 1 contract
Samples: Indemnification Agreement (Selective Insurance Group Inc)
Advancement of Expenses. The Company shall advance all ----------------------- expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referred to in Section l(a) or Section 1(b) hereof (including amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby.
Appears in 1 contract
Samples: Indemnification Agreement (Rita Medical Systems Inc)
Advancement of Expenses. The Company shall advance all expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referred to in Section l(a) or Section 1(b) hereof (including amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby.
Appears in 1 contract
Advancement of Expenses. The Company shall advance all expenses Expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referred to in Section l(a) or Section 1(b) hereof (including amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby.
Appears in 1 contract
Advancement of Expenses. The Company shall advance all expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referred to in Section l(al (a) or Section 1(b) hereof (including amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby.
Appears in 1 contract
Samples: Indemnification Agreement (Rita Medical Systems Inc)
Advancement of Expenses. The Company shall advance all expenses (including attorney’s fees) incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal criminal, administrative or investigative action, suit or proceeding referred to referenced in Section l(a1(a) or Section 1(b(b) hereof (including amounts actually paid in settlement of any such action, suit or proceeding)hereof. Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby.
Appears in 1 contract
Advancement of Expenses. The Company shall advance all expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding Proceeding referred to in Section l(a) or Section 1(b) hereof of this Agreement (including amounts actually paid in settlement of any such action, suit or proceedingProceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby.
Appears in 1 contract
Advancement of Expenses. The Company shall advance all expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referred to in Section l(a1(a), Section 1 (b) or Section 1(b1 (e) hereof (including amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Celsius Holdings, Inc.)
Advancement of Expenses. The Company shall advance all expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding Legal Action referred to in Section l(a1(a) or Section 1(b) hereof (including amounts actually paid in settlement of any such action, suit or proceedingLegal Action). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized herebyCompany.
Appears in 1 contract
Advancement of Expenses. The Company shall advance all expenses ----------------------- incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referred to in Section l(a1(a) or Section 1(b) hereof (including amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby.
Appears in 1 contract
Samples: Indemnification Agreement (Flycast Communications Corp)
Advancement of Expenses. The Company shall advance all expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referred to referenced in Section l(a1(a) or Section 1(b) hereof (including but not amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall is ultimately be determined by a court of competent jurisdiction that Indemnitee is not entitled to be indemnified by the Company as authorized hereby.
Appears in 1 contract
Samples: Englobal Corporation Indemnification Agreement (Englobal Corp)
Advancement of Expenses. The Company shall advance all expenses Expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referred to in Section l(a) or Section 1(b) hereof (including amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby.
Appears in 1 contract
Advancement of Expenses. The Company shall advance all reasonable expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referred to in Section l(a1(a) or Section 1(b) hereof of this Agreement (including amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, if it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby.
Appears in 1 contract
Advancement of Expenses. The Company shall advance all expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referred to referenced in Section l(a1(a) or Section 1(b) hereof (including but not amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby.
Appears in 1 contract
Advancement of Expenses. The Company shall advance all expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referred to in Section l(a) or Section 1(b) hereof of this Agreement (including amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby.
Appears in 1 contract
Samples: Indemnification Agreement (Pasw Inc)
Advancement of Expenses. The Company shall advance all expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referred to in Section l(a2(a) or Section 1(b2(b) hereof (including amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby.
Appears in 1 contract
Advancement of Expenses. The Company shall advance all expenses ----------------------- incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referred to in Section l(a1(a) or Section 1(b) hereof of this Agreement (including amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby.
Appears in 1 contract
Advancement of Expenses. The Company shall advance all expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referred to in Section l(a) or Section 1(b) hereof (including amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee Indemni-tee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby.
Appears in 1 contract
Samples: Separation Agreement and Mutual Release (Rita Medical Systems Inc)
Advancement of Expenses. The Company shall promptly advance all expenses incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referred to in Section l(a) or Section 1(b) hereof (including amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby.
Appears in 1 contract
Samples: Indemnification Agreement (Superior Uniform Group Inc)
Advancement of Expenses. The Company shall advance all expenses (including attorneys' fees) incurred by Indemnitee in connection with the investigationdefending any civil, defensecriminal, settlement administrative or appeal of any civil or criminal investigative action, suit or proceeding referred to referenced in Section l(aSections 2(a) or Section 1(b(b) hereof (including amounts actually paid in settlement before a final disposition of any such action, suit or proceeding). proceeding upon receipt from Indemnitee hereby undertakes of an undertaking to repay such amounts advanced only if, and to the extent that, if it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby.
Appears in 1 contract
Samples: Indemnification Agreement (Lithium Technology Corp)