Common use of Agreement to Advance Expenses; Conditions Clause in Contracts

Agreement to Advance Expenses; Conditions. The Company shall pay to Indemnitee all Expenses incurred by Indemnitee in connection with any Proceeding, including a Proceeding by or in the right of the Company and a Proceeding to enforce indemnification and advancement rights under this Agreement, in advance of the final disposition of such Proceeding, if Indemnitee furnishes the Company with a written undertaking to repay the amount of such Expenses advanced to Indemnitee if it is finally determined by a court of competent jurisdiction evidenced by a final nonappealable order that Indemnitee is not entitled under this Agreement to indemnification with respect to such Expenses. To the greatest extent permitted by applicable law, this undertaking is an unlimited general obligation of Indemnitee, shall be accepted by the Company without regard to the financial ability of Indemnitee to make repayment, and in no event shall be required to be secured.

Appears in 3 contracts

Samples: Form of Director and Officer Indemnification Agreement (Liberty Acquisition Holdings Corp.), Director and Officer Indemnification Agreement (FGX International Holdings LTD), Form of Director and Officer Indemnification Agreement (FGX International Holdings LTD)

AutoNDA by SimpleDocs

Agreement to Advance Expenses; Conditions. The Company shall shall, to the extent not prohibited by law, pay to Indemnitee all Expenses incurred by Indemnitee in connection with any a Proceeding, including a those incurred by Indemnitee in connection with any Proceeding by or in the right of the Company and a Proceeding to enforce indemnification and advancement rights under this AgreementCompany, in advance of the final disposition of such Proceedingthe Proceeding to which the Indemnifiable Expenses relate, if Indemnitee furnishes the Company with a written undertaking to repay the amount of such Expenses advanced to Indemnitee if it is finally determined by a court of competent jurisdiction evidenced by a final nonappealable order that Indemnitee is not entitled under this Agreement to indemnification with respect to such Expensesindemnification. To the greatest extent permitted by applicable law, this This undertaking is an unlimited general obligation of Indemnitee, shall be accepted by which the Company shall accept without regard to the financial ability of Indemnitee to make repayment, and in no event shall is be required to be secured.

Appears in 1 contract

Samples: Indemnification Agreement (Ipg Photonics Corp)

AutoNDA by SimpleDocs

Agreement to Advance Expenses; Conditions. The Company shall pay to Indemnitee all Expenses incurred by Indemnitee in connection with any Proceeding or any claim, issue or matter involved in any Proceeding, including a Proceeding by or in the right of the Company and a Proceeding to enforce indemnification and advancement rights under this Agreement, in advance of the final disposition of such ProceedingProceeding or such claim, issue or matter, if Indemnitee furnishes the Company with a written undertaking to repay the amount of such Expenses advanced to Indemnitee if it is finally determined by a court of competent jurisdiction evidenced by a final nonappealable order that Indemnitee is not entitled under this Agreement to indemnification with respect to such Expenses. To the greatest fullest extent permitted by applicable law, this such undertaking is an unlimited general obligation of Indemnitee, shall be accepted by the Company without regard to the financial ability of Indemnitee to make repayment, and in no event shall such undertaking be required to be secured.

Appears in 1 contract

Samples: Director and Officer (American Defense Systems Inc)

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