Expense Advance. Expense Advance" means a payment to the Indemnitee of Expenses in advance of the settlement of or final judgment on any Claim.
Expense Advance see Section 5.
Expense Advance. The Corporation shall pay or reimburse the reasonable expenses incurred by a person referred to in Section 11.01 who is a party or threatened to be made a party to an action, suit, or proceeding in advance of final disposition (herein, an “advance”) of the proceeding if the person furnishes the Corporation a written undertaking executed personally, or on his or her belief, to repay the advance if it is ultimately determined by final judicial decision from which there is no further right to appeal that he or she did not meet the standard of conduct, if any, required by the MBCA for the indemnification of the person under the circumstances. The Corporation shall make an evaluation of reasonableness under this Section 11.08 as specified in Section 11.05, and shall make an authorization in the manner specified in Section 11.06, unless the advance is mandatory. The Corporation may make an authorization of advances with respect to a proceeding and a determination of reasonableness of advances or selection of a method for determining reasonableness in a single action or resolution covering an entire proceeding. A provision in the Articles of Incorporation, these Bylaws, a resolution by the Board or the Shareholders, or an agreement making indemnification mandatory shall also make advancement of expenses mandatory unless the provision specifically provides otherwise.
Expense Advance. The right of indemnification as granted in this Article 10 will be a contractual right and will include the right to receive payment by the Company for expenses incurred with any legal process prior to the final judgment. Such advances will be paid by the Company within twenty day from the date of receipt of a report or reports from the claimant requesting such advance or advances on a timely basis, under the condition that if DGCL so requires, payment of said expenses incurred by such director or employee in his/her capacity as director or employee (and not in another capacity provided or that has been provided by such person during his/her term as director or employee, including but not limited to, services to benefit the employee) prior to the final judgment of a legal process be carried out only through previous presentation before the Company of a commitment by such director or employee or on behalf of the same to reimburse all amounts paid to same as an advance if it is determined that said director or employee does not have the right to be indemnified in accordance with this Article 10 or another. 10.03
Expense Advance. If requested by the Indemnitee in writing, and subject to Section 3.4 hereof, the Company will advance (within ten business days of such written request) any and all Expenses to the Indemnitee (an “Expense Advance”).
Expense Advance. (Not applicable to PPTs, Temps or MDTs) Employees who travel as a regular part of their work may request a standing advance of five hundred dollars ($500), which shall be repayable to the Employer.
Expense Advance. Expense Advance" is a payment to Indemnitee under --------------- Section 3 of Expenses in advance of settlement or final judgment in any action, suit, proceeding or alternative dispute resolution mechanism, hearing, inquiry or investigation which is a Claim.
Expense Advance. The presumptive right to indemnification of damages shall include the right to have the Vendor pay the Agency’s expenses in any Proceeding as such expenses are incurred and in advance of the final disposition of such Proceeding.
Expense Advance. If an employee requests it, cash will be advanced to them in the equivalent of the estimated amount of approved expenses expected to be incurred on the assignment. Each employee must give an accounting of their expenses together with receipts within five (5) days after completion of the assignment.
Expense Advance. Notwithstanding anything to the contrary contained in the Financing Agreement, on or before the Eighth Amendment Effective Date, the Borrower shall pay an advance in cash of $150,000 ("Expense Advance") to counsel to the TLA Lender Group ("Counsel") for fees and expenses to be incurred by Counsel in connection with, arising from or relating to the Financing Agreement, other Loan Documents, or the Borrowers, including, but not limited to, the preservation and protection of the TLA Lender Group's rights (as determined by the TLA Lender Group in its sole discretion). Counsel will promptly provide an invoice to the Borrowers for the Expense Advance each time that funds are applied to fees and expenses of the TLA Lender Group. Counsel shall be entitled to apply the Expense Advance to all fees and expenses incurred without further notice to the Borrowers. Promptly after Peekay Boutiques, Inc. consummates the Qualified IPO, Counsel shall return to the Borrowers any unused portion of the Expense Advance (after application of the Expense Advance against all fees and expenses of Counsel incurred through the closing of such Qualified IPO). Nothing herein shall preclude the TLA Lender Group from seeking replenishment from the Borrowers of all or a portion of the Expense Advance nor shall any individual Lender be precluded from seeking reimbursement of any fees and expenses or otherwise in accordance with Section 12.04 of the Financing Agreement.
