Common use of Advancement of Expenses Clause in Contracts

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 referenced in Section 1(a) or (b) hereof (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. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty (30) days following delivery of a written request therefor by Indemnitee to the Company.

Appears in 50 contracts

Samples: Indemnification Agreement (Digital Music Group, Inc.), Indemnification Agreement (Dyadic International Inc), Indemnification Agreement (Fox Hollow 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 action or proceeding referenced in Section 1(a) or (b) hereof (but not amounts actually paid in settlement of any such action, suit action 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. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company.

Appears in 16 contracts

Samples: Indemnification Agreement (Pacific Mercantile Bancorp), Indemnification Agreement (Copart Inc), Indemnification Agreement (Pain Therapeutics Inc)

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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 referenced in Section 1(a) 2.1 or (b) hereof (but not amounts actually paid in settlement of any such action, suit or proceeding)2.2 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 herebyhereby or that such indemnification is not otherwise permitted by applicable law. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty (30) days following delivery of a written request therefor or by Indemnitee to the Company.

Appears in 16 contracts

Samples: Indemnification Agreement (Callaway Golf Co), Indemnification Agreement (Callaway Golf Co), Indemnification Agreement (Topgolf Callaway Brands 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 referenced in Section 1(a) 2.1 or (b) hereof (but not amounts actually paid in settlement of any such action, suit or proceeding)2.2 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 herebyhereby or that such indemnification is not otherwise permitted by applicable law. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty (30) days following delivery of a written request therefor or by Indemnitee to the Company.

Appears in 9 contracts

Samples: Indemnification Agreement (Callaway Golf Co /Ca), Indemnification Agreement (Callaway Golf Co /Ca), Indemnification Agreement (Callaway Golf Co /Ca)

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 action or proceeding referenced in Section 1(a) or (b) hereof (but not amounts actually paid in settlement of any such action, suit action or proceeding). Indemnitee hereby undertakes to repay such amounts expenses 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. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company.

Appears in 7 contracts

Samples: Indemnification Agreement (Kosan Biosciences Inc), Indemnification Agreement (Kosan Biosciences Inc), Indemnification Agreement (Komag Inc /De/)

Advancement of Expenses. The Subject to the terms and conditions of this Agreement, 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 referenced in Section 1(a) or (b) hereof (but not 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. The Any advances to be made hereunder shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company.

Appears in 7 contracts

Samples: Indemnification Agreement (Brightpoint Inc), Indemnification Agreement (Brightpoint Inc), Indemnification Agreement (Brightpoint 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 referenced referred to in Section 1(al(a) or (bSection 1(b) hereof (but not 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. The Any advances to be made hereunder under this Agreement shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company.

Appears in 7 contracts

Samples: Indemnification Agreement (Paypal Inc), Indemnification Agreement (Ziplink Inc), Indemnification Agreement (LJL Biosystems 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 referenced in Section 1(a) or (b) hereof (but not amounts actually paid in settlement of any such action, suit or proceeding). Indemnitee hereby undertakes to repay such amounts expenses 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. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty forty-five (3045) days following delivery of a written request therefor therefore by Indemnitee to the Company.

Appears in 6 contracts

Samples: Indemnification Agreement (Ikanos Communications), Form of Indemnification Agreement (Arlo Technologies, Inc.), Brightmail Incorporated (Brightmail 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 action or proceeding referenced in Section 1(a) or (b) 1 hereof (but not amounts actually paid in settlement of any such action, suit action or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined such expenses were not reasonable or that Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company.

Appears in 5 contracts

Samples: Voting Agreement (Visterra, Inc.), Voting Agreement (Visterra, Inc.), Indemnification Agreement (YouNow, 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 action or proceeding referenced in Section 1(a) or (b) hereof herein (but not only amounts actually paid in settlement of any such action, suit action 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. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company.

Appears in 5 contracts

Samples: Indemnification Agreement (Sonomawest Holdings Inc), Indemnification Agreement (Sonomawest Holdings Inc), Indemnification Agreement (Sonomawest 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 civil, criminal, administrative or criminal investigative action, suit or proceeding referenced in Section 1(aSections 2(a) or (b) hereof (but not 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. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty (30) 30 days following delivery of a written request therefor by Indemnitee to the Company.

Appears in 4 contracts

Samples: Indemnification Agreement (CNS Response, Inc.), Indemnification Agreement (Resonant Inc), Indemnification Agreement (Future Media Productions)

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 referenced in Section 1(al(a) or (b) hereof (but not 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 the Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to the Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company.

Appears in 4 contracts

Samples: Indemnification Agreement (Digital Imaging Resources Inc.), Indemnification Agreement (Evolve Software Inc), Quicklogic Corporation Indemnification Agreement (Quicklogic Corporation)

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 action or proceeding referenced in Section 1(al(a) or (b) hereof (but not amounts actually paid in settlement of any such action, suit action 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. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company.

Appears in 3 contracts

Samples: Indemnification Agreement (Cyberonics Inc), Form of Indemnification Agreement (Forecross Corp), Form of Indemnification Agreement (Forecross 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 referenced in Section 1(a2(a) or (b) hereof (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. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty (30) 45 days following delivery of a written request therefor by Indemnitee to the Company.

Appears in 3 contracts

Samples: Indemnification Agreement (Fox Family Worldwide Inc), Indemnification Agreement (Dental Medical Diagnostic Systems Inc), Indemnification Agreement (Fox Kids Worldwide 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 referenced in Section 1(a) or (b) hereof (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. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company.

Appears in 3 contracts

Samples: Indemnification Agreement (Ceradyne Inc), Indemnification Agreement (Ricex Co), Form of Indemnification Agreement (Sun Microsystems Inc)

Advancement of Expenses. The Company Corporation shall advance all expenses incurred by Indemnitee in connection with the investigation, defense, settlement (excluding amounts actually paid in settlement of any action, suit or proceeding) or appeal of any civil or criminal action, suit or proceeding referenced in Section 1(a) Sections 1.1 or (b) hereof (but not amounts actually paid in settlement of any such action, suit or proceeding)1.2 hereof. Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined ultimately that Indemnitee is not entitled to be indemnified by the Company Corporation as authorized hereby. The advances to be made hereunder shall be paid by the Company Corporation to Indemnitee within thirty (30) 20 days following delivery of a written request therefor by Indemnitee to the CompanyCorporation.

Appears in 3 contracts

Samples: Employment Agreement (Guitar Center Inc), Employment Agreement (Guitar Center Inc), Employment Agreement (Guitar Center 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 action or proceeding referenced in Section 1(a) or (b) hereof (but not amounts actually paid in settlement of any such action, suit action 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 2(c), that Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company.

Appears in 3 contracts

Samples: Indemnification Agreement (Shelbourne Properties I Inc), Indemnification Agreement (Shelbourne Properties Ii Inc), Indemnification Agreement (Shelbourne Properties Iii 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 referenced in Section 1(a) or (b) hereof (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. The advances to be made hereunder shall be paid by the Company to Indemnitee within with thirty (30) days following delivery of a written request therefor by Indemnitee to the Company.

Appears in 2 contracts

Samples: Indemnification Agreement (Digitalwork Com Inc), Directorship Indemnification Agreement (Quotesmith Com 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 civil, criminal, administrative or criminal action, suit investigative action or proceeding referenced in Section 1(a) or (b) hereof (but not amounts actually paid in settlement of any such action, suit action 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. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company.

Appears in 2 contracts

Samples: Indemnification Agreement (Lidak Pharmaceuticals), Indemnification Agreement (Avanir Pharmaceuticals)

Advancement of Expenses. The Company shall advance all expenses actually and reasonably incurred by the Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referenced in Section 1 (other than an administrative proceeding or civil action initiated by any federal banking agency which shall be governed by Section 1(a) or (b) hereof (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 the Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to the Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by the Indemnitee to the Company.

Appears in 2 contracts

Samples: Indemnification Agreement (First Community Bancshares Inc /Nv/), Indemnification Agreement (First Federal Financial Bancorp Inc)

Advancement of Expenses. The Company shall advance all expenses incurred by an Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referenced in Section 1(a) or (b) hereof (but not amounts actually paid in settlement of any such action, suit or proceeding). Each Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that such Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to the Indemnitee within thirty (30) days following delivery of a written request therefor by such Indemnitee to the Company.

Appears in 2 contracts

Samples: Indemnification Agreement (Protalex Inc), Indemnification Agreement (Protalex Inc)

Advancement of Expenses. The Company shall advance all expenses actually and reasonably incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referenced in Section 1(a) or (b1(b) hereof (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. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty (30) days following delivery of a written request therefor by Indemnitee to the Company.

Appears in 2 contracts

Samples: Indemnification Agreement (Zann Corp), Indemnification Agreement (Fluidigm 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 action or proceeding referenced in Section 1(a) or (b) hereof (but not amounts actually paid in settlement of any such action, suit action 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. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company, accompanied by such supporting documentation as may be reasonably requested by the Company.

Appears in 2 contracts

Samples: Indemnification Agreement (Insight Health Services Holdings Corp), And Officer Indemnification Agreement (Booz Allen Hamilton Holding 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 referenced in Section 1(a) or (b) hereof (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. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty ten (3010) business days following delivery of a written request therefor by Indemnitee to the Company.

Appears in 2 contracts

Samples: Indemnification Agreement (Amicus Therapeutics Inc), Indemnification Agreement (Amicus Therapeutics 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 referenced referred to in Section 1(al(a) or (bSection 1(b) hereof (but not 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. The Any advances to be made hereunder under this Agreement shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company.

Appears in 2 contracts

Samples: Indemnification Agreement (Arthrocare Corp), General Release and Separation Agreement (Arthrocare 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 action or proceeding referenced in Section 1(a) or (b) hereof (but not amounts actually paid in settlement of any such action, suit action 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 indemni fied by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company.

Appears in 2 contracts

Samples: Agreement (Recom Managed Systems Inc De/), Indemnification Agreement (Sagent 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 referenced in Section 1(a) or (b) hereof (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. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company. Advances shall be unsecured and interest free and made without regard to Indemnitee’s ability to repay such advances.

Appears in 1 contract

Samples: Indemnification Agreement (Lsi 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 referenced referred to in Section 1(a) or Section 1(b) of this Agreement (b) hereof (but not 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. The Any advances to be made hereunder under this Agreement shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor therefore by Indemnitee to the Company.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Laserscope)

Advancement of Expenses. The Company shall advance all expenses incurred by the Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit or proceeding referenced in Section 1(a) or (b) hereof (but not amounts actually paid in settlement of any such action, suit or proceeding). The Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined that such Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to the Indemnitee within thirty (30) days following delivery of a written request therefor by such Indemnitee to the Company.

Appears in 1 contract

Samples: Indemnification Agreement (Atrinsic, 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 referenced in Section 1(a2(a) or (b) hereof (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. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company.

Appears in 1 contract

Samples: Indemnification Agreement (Accelgraphics 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 or criminal action, suit action or proceeding referenced in Section subsection 1(a) or (b1(b) hereof of this Agreement (but not amounts actually paid in settlement of any such action, suit action 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. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company.

Appears in 1 contract

Samples: Indemnification Agreement (Apple Computer 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 or criminal action, suit or proceeding referenced in Section 1(al(a) or (b) hereof (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. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty (30) 45 days following delivery of a written request therefor by Indemnitee to the Company.

Appears in 1 contract

Samples: Indemnification Agreement (Aames Financial Corp/De)

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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 action or proceeding referenced in Section 1(a) or (b1(b) hereof of this Agreement (but not amounts actually paid in settlement of any such action, suit action 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. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty (30) 20 days following after delivery of a written request therefor by Indemnitee to the Company.

Appears in 1 contract

Samples: Indemnification Agreement (Remec 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 referenced in Section 1(a) or (b) hereof (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. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty (30) 30 days following delivery of a written request therefor by Indemnitee to the Company.

Appears in 1 contract

Samples: Indemnification Agreement (Crystal Decisions Inc)

Advancement of Expenses. The Company shall advance all expenses incurred by Indemnitee in connection with the investigation, defense, settlement (excluding amounts actually paid in settlement of any action, suit or proceeding) or appeal of any civil or criminal action, suit or proceeding referenced in Section 1(a) 1.1 or (b) hereof (but not amounts actually paid in settlement of any such action, suit or proceeding)1.2 hereof. Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined ultimately that Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Quarterdeck Corp)

Advancement of Expenses. The Company shall advance all expenses and other Indemnified Amounts (including attorney's fees) incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of any civil or criminal action, suit action or proceeding referenced in Section 1(a) or (b) hereof (but not 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 by a court of last resort that Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company. The Company will pay Indemnified Amounts directly without requiring Indemnitee to make any prior payment.

Appears in 1 contract

Samples: Indemnification Agreement (Aeromax 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 action or proceeding referenced in Section 1(a) or (b) hereof (but not amounts actually paid in settlement of any such action, suit action 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. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor therefore by Indemnitee to the Company.

Appears in 1 contract

Samples: Indemnification Agreement (Kosan Biosciences 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 referenced referred to in Section 1(al(a) or (bSection 1(b) hereof (but not 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. The Any advances to be made hereunder under this Agreement shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company.

Appears in 1 contract

Samples: Indemnification Agreement (Tenfold Corp /Ut)

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 referenced referred to in Section 1(al(a) or Section 1(b) (b) hereof (but not 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 is ultimately be determined that Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The Company shall pay any advances to be made hereunder shall be paid by the Company under this Agreement to Indemnitee within thirty (30) 20 days following delivery of a written request therefor by Indemnitee to the Company. Advances shall be unsecured and interest-free.

Appears in 1 contract

Samples: Indemnification Agreement (LivingVentures, 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 referenced in Section 1(a) or (b) hereof (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 ulti­mately be determined that Indemnitee is not entitled to be indemnified indem­nified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty (30) days following delivery of a written request therefor by Indemnitee to the Company.

Appears in 1 contract

Samples: Indemnification Agreement (Quicklogic Corporation)

Advancement of Expenses. The To the extent permitted under applicable law, 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 action or proceeding referenced in Section 1(a) or (b) hereof (but not amounts actually paid in settlement of any such action, suit action 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. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company.

Appears in 1 contract

Samples: Indemnification Agreement (Trimble Navigation LTD /Ca/)

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 referenced in Section 1(a) 1.1 or (b) 1.2 hereof (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. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty (30) days following delivery of a written request therefor by Indemnitee to the Company.

Appears in 1 contract

Samples: Indemnification Agreement (American Ecology 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 action or proceeding referenced in Section 1(a) or (b) hereof (but not amounts actually paid in settlement of any such action, suit action 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. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company.. (b)

Appears in 1 contract

Samples: Indemnification Agreement (Dh 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 action or proceeding referenced in Section 1(a) or (bSection 1(b) hereof (but not amounts actually paid in settlement of any such action, suit action 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. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company.

Appears in 1 contract

Samples: Indemnification Agreement (Mission Community Bancorp)

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 action or proceeding referenced in Section 1(a) or (b) hereof (but not amounts actually paid in settlement of any such action, suit action or proceeding). Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined by a court of competent jurisdiction that Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company.

Appears in 1 contract

Samples: Indemnification Agreement (Herbst Gaming, LLC)

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 referenced in Section 1(a) or (b) hereof (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. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty (30) days following delivery of a written request therefor by Indemnitee to the Company.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Kanbay International 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 referenced in Section 1(a) or (b) hereof (but not amounts actually paid in settlement of any such action, suit action 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. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty forty-five (3045) days following delivery of a written request therefor therefor, together with evidence of such expenses incurred, by Indemnitee to the Company.

Appears in 1 contract

Samples: Indemnification Agreement (Ontro Inc)

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 action or proceeding Proceeding referenced in Section 1(a) or (b) hereof (but not amounts actually paid in settlement of any such action, suit action 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 herebyhereby or elsewhere. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty twenty (3020) days following delivery of a written request therefor by Indemnitee to the Company.

Appears in 1 contract

Samples: Indemnification Agreement (Critical Path 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 action or proceeding referenced in pursuant to Section 1(a) or (b1(b) hereof of this Agreement (but not amounts actually paid in settlement of any such action, suit action 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. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty (30) 20 days following after delivery of a written request therefor by Indemnitee to the Company.

Appears in 1 contract

Samples: Indemnification Agreement (L-1 Identity Solutions, 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 referenced in Section 1(a) or (b) hereof (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. The advances to be made hereunder shall be paid by the Company to Indemnitee within thirty (30) 45 days following delivery of a written request therefor by Indemnitee to the Company.

Appears in 1 contract

Samples: Indemnification Agreement (DVD Express Inc)

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