Common use of Expense Advancement Clause in Contracts

Expense Advancement. With respect to the reasonable expenses ------------------- incurred by a Member who is a party to a Proceeding, the Company may provide funds to such Person in advance of the final disposition of the Proceeding if [a] the Member furnishes the Company with such Person's written affirmation of a good-faith belief that it has met the standard of conduct described in 9.1, [b] the Member agrees in writing to repay the advance (with simple interest at the Prime Rate) if it is determined that it has not met such standard of conduct and [c] the Company determines that, based on then known facts, indemnification is permissible under this Article.

Expense Advancement. With respect to the reasonable expenses incurred ------------------- incurred by a Member who is a party to a Proceeding, the Company may provide funds to such Person in advance of the final disposition of the Proceeding if [a] the Member furnishes the Company with such Person's written affirmation of a good-good- faith belief that it has met the standard of conduct described in 9.1, [b] the Member agrees in writing to repay the advance (with simple interest at the Prime Rate) if it is determined that it has not met such standard of conduct and [c] the Company determines that, based on then known facts, indemnification is permissible under this Article.