Common use of Expense Advances Clause in Contracts

Expense Advances. If so requested by Indemnitee, the Company shall advance (within ten business days of such request) any and all Expenses to Indemnitee (an "Expense Advance"); proved that, if and to the extent that the Reviewing Party determines that Indemnitee would not be permitted to be so indemnified under applicable law, the Company shall be entitled to be reimbursed by Indemnitee (who hereby agrees to reimburse the Company) for all such amounts theretofore paid. If Indemnitee has commenced legal proceedings in a court of competent jurisdiction to secure a determination that Indemnitee should be indemnified under applicable law, as provided in Section 4, any determination made by the Reviewing Party that Indemnitee would not be permitted to be indemnified under applicable law shall not be binding and Indemnitee shall not be required to reimburse the Company for any Expense Advance unit a final judicial determination is made with respect thereto (as to which all rights of appeal therefrom have been exhausted or have lapsed). Indemnitee's obligation to reimburse the Company for Expense Advances shall be unsecured and no interest shall be charged thereon.

Appears in 6 contracts

Sources: Indemnification Agreement (Micrel Inc), Indemnification Agreement (Micrel Inc), Indemnification Agreement (Micrel Inc)

Expense Advances. If so requested by Indemnitee, the Company shall advance (within ten business days of such request) any and all Expenses to Indemnitee (an "Expense Advance"); proved that, if and to the extent that the Reviewing Party determines that Indemnitee would not be permitted to be so indemnified under applicable law, the Company shall be entitled to be reimbursed by Indemnitee (who hereby agrees to reimburse the Company) for all such amounts theretofore paid. If Indemnitee has commenced legal proceedings in a court of competent jurisdiction to secure a determination that Indemnitee should be indemnified under applicable law, as provided in Section 4, any determination made by the Reviewing Party that Indemnitee would not be permitted to be indemnified under applicable law shall not be binding and Indemnitee shall not be required to reimburse the Company for any Expense Advance unit until a final judicial determination is made with respect thereto (as to which all rights of appeal therefrom there from have been exhausted or have lapsed). Indemnitee's obligation to reimburse the Company for Expense Advances shall be unsecured and no interest shall be charged thereon.

Appears in 6 contracts

Sources: Indemnification Agreement (Texxon Inc), Indemnification Agreement (Texxon Inc), Indemnification Agreement (Texxon Inc)

Expense Advances. If so requested by Indemnitee, the Company shall advance (within ten business days of such request) any and all Expenses to Indemnitee (an "Expense Advance"); proved provided that, if and to the extent that the Reviewing Party determines that Indemnitee would not be permitted to be so indemnified under applicable law, the Company shall be entitled to be reimbursed by Indemnitee (who hereby agrees to reimburse the Company) for all such amounts theretofore paid. If Indemnitee has commenced or commences legal proceedings in a court of competent jurisdiction to secure a determination that Indemnitee should be indemnified under applicable law, as provided in Section 4, any determination made by the Reviewing Party that Indemnitee would not be permitted to be indemnified under applicable law shall not be binding and ai1d Indemnitee shall not be required to reimburse the Company for any Expense Advance unit until a final judicial determination is made with respect thereto (as to which all rights of appeal therefrom have been exhausted or have lapsed). Indemnitee's obligation to reimburse the Company for Expense Advances shall be unsecured and no interest shall be charged thereon.

Appears in 6 contracts

Sources: Indemnification Agreement (Vistagen Therapeutics, Inc.), Indemnification Agreement (Vistagen Therapeutics, Inc.), Indemnification Agreement (VistaGen Therapeutics, Inc.)

Expense Advances. If so requested by Indemnitee, the Company shall advance (within ten business days of such request) any and all Expenses to Indemnitee (an "Expense Advance"); proved provided that, if and to the extent that the Reviewing Party determines that Indemnitee would not be permitted to be so indemnified under applicable law, the Company shall be entitled to be reimbursed by Indemnitee (who hereby agrees to reimburse the Company) for all such amounts theretofore paid. If Indemnitee has commenced or commences legal proceedings in a court of competent jurisdiction to secure a determination that Indemnitee should be indemnified under applicable law, as provided in Section 4, any determination made by the Reviewing Party that Indemnitee would not be permitted to be indemnified under applicable law shall not be binding and Indemnitee shall not be required to reimburse the Company for any Expense Advance unit until a final judicial determination is made with respect thereto (as to which all rights of appeal therefrom have been exhausted or have lapsed). Indemnitee's ’s obligation to reimburse the Company for Expense Advances shall be unsecured and no interest shall be charged thereon.

Appears in 4 contracts

Sources: Indemnification Agreement (Excaliber Enterprises, Ltd.), Indemnification Agreement (Excaliber Enterprises, Ltd.), Indemnification Agreement (Excaliber Enterprises, Ltd.)

Expense Advances. If so requested by Indemnitee, the Company shall advance (shall, within ten 10 business days of after such request) any and , advance all Expenses to Indemnitee (an "Expense Advance"); proved that. Notwithstanding the foregoing, if and to the extent that the Reviewing Party determines that Indemnitee would not be permitted to be so indemnified under applicable law, the Company shall be entitled to be reimbursed by Indemnitee (who for all such amounts, and Indemnitee hereby agrees to reimburse the Company) Company promptly for all such amounts theretofore paidthe same. If Indemnitee has commenced legal proceedings in a court of competent jurisdiction to secure a determination that Indemnitee should be indemnified under applicable law, as provided in Section 4, any determination made by the Reviewing Party that Indemnitee would not be permitted to be indemnified under applicable law shall not be binding binding, and Indemnitee shall not be required to reimburse the Company for any Expense Advance unit until a final judicial determination is made with respect thereto (as to which and all rights of appeal therefrom have been exhausted or have lapsed). Indemnitee's obligation to reimburse the Company for Expense Advances shall be unsecured unsecured, and no interest shall be charged thereon.

Appears in 3 contracts

Sources: Indemnification Agreement (American Pulp Exchange Inc), Indemnification Agreement (American Pulp Exchange Inc), Indemnification Agreement (American Pulp Exchange Inc)

Expense Advances. If so requested by Indemnitee, the Company shall advance (within ten business days of such request) any and all Expenses to Indemnitee (an "Expense Advance"); proved provided that, if and to the extent that the Reviewing Party determines that Indemnitee would not be permitted to be so indemnified under applicable law, the Company shall be entitled to be reimbursed by Indemnitee (who hereby agrees to reimburse the Company) for all such amounts theretofore paid. If Indemnitee has commenced legal proceedings in a court of competent jurisdiction to secure a determination that Indemnitee should be indemnified under applicable law, as provided in Section 4, any determination made by the Reviewing Party that Indemnitee would not be permitted to be indemnified under applicable law shall not be binding and Indemnitee shall not be required to reimburse the Company for any Expense Advance unit until a final judicial determination is made with respect thereto (as to which all rights of appeal therefrom have been exhausted or have lapsed). Indemnitee's obligation to reimburse the Company for Expense Advances shall be unsecured and no interest shall be charged thereon.

Appears in 3 contracts

Sources: Employment Agreement (Cylink Corp /Ca/), Indemnification Agreement (Photon Dynamics Inc), Indemnification Agreement (Madge Networks Nv)

Expense Advances. If Notwithstanding Section 4.1, the outcome of any Determination, or the absence of any Determination, if so requested by Indemnitee, the Company shall advance (within ten business twenty calendar days of such request) any and all Expenses to Indemnitee (an "Expense Advance"); proved that, if and provided that such an Expense Advance shall be made only upon (i) delivery to the extent that Company of an undertaking by or on behalf of the Reviewing Party determines Indemnitee to repay the amount thereof if it is ultimately determined that Indemnitee would is not be permitted to be so indemnified under applicable law, the Company shall be entitled to be reimbursed indemnified by Indemnitee the Company as contemplated by Section 145(e) of Delaware General Corporation Law as in effect on the date hereof or as may be amended from time to time, and (who hereby agrees to reimburse ii) such other terms and conditions, if any, as the Company) for all such amounts theretofore paidBoard of Directors deems appropriate. If Indemnitee has commenced or commences legal proceedings in a court of competent jurisdiction to secure a determination that Indemnitee should be indemnified under applicable law, as provided in Section 46, any determination Determination made by the Reviewing Party under Section 4.1 that Indemnitee would not be permitted to be indemnified under applicable law shall not be binding binding, and Indemnitee shall not be required to reimburse the Company for any Expense Advance unit until a final judicial determination is made with respect thereto (as to which all rights of appeal therefrom have been exhausted or have lapsed). Indemnitee's obligation to reimburse the Company for Expense Advances shall be unsecured and no interest shall be charged thereon.

Appears in 2 contracts

Sources: Indemnification Agreement (Elandia International Inc.), Indemnification Agreement (Elandia International Inc.)

Expense Advances. If so requested by Indemnitee, the Company shall advance (within ten business days of such request) any and all Expenses to Indemnitee (an "Expense Advance"); proved provided that, if and to the extent that the Reviewing Party determines that Indemnitee would not be permitted to be so indemnified under applicable law, the Company shall be entitled to be reimbursed by Indemnitee (who hereby agrees to reimburse the Company) for all such amounts theretofore paid. If Indemnitee has commenced legal proceedings in a court of competent jurisdiction to secure a determination that Indemnitee should be indemnified under applicable law, as provided in Section 4, any determination made by the Reviewing Party that Indemnitee would not be permitted to be indemnified under applicable law shall not be binding and Indemnitee shall not be required to reimburse the Company for any Expense Advance unit until a final judicial determination is made with respect thereto (as to which all rights of appeal therefrom have been exhausted or have lapsed). Indemnitee's ’s obligation to reimburse the Company for Expense Advances shall be unsecured and no interest shall be charged thereon.

Appears in 2 contracts

Sources: Indemnification Agreement (MATECH Corp.), Indemnification Agreement (Material Technologies Inc /Ca/)

Expense Advances. If so requested by Indemnitee, the Company Corporation shall advance (within ten (10) business days of such request) any and , advance all Expenses to Indemnitee (an "‘‘Expense Advance"’’); proved that. Notwithstanding the foregoing, if and to the extent that the Reviewing Party determines that Indemnitee would not be permitted to be so indemnified under applicable law, the Company Corporation shall be entitled to be reimbursed by Indemnitee (who for all such amounts, and Indemnitee hereby agrees to reimburse the Company) Corporation promptly for all such amounts theretofore paidthe same. If Indemnitee has commenced legal proceedings in a court of competent jurisdiction to secure a determination that Indemnitee should be indemnified under applicable law, law as provided in Section 4, any determination made by the Reviewing Party that Indemnitee would not be permitted to be indemnified under applicable law shall not be binding binding, and Indemnitee shall not be required to reimburse the Company Corporation for any Expense Advance unit until a final judicial determination is made with respect thereto (as to which all rights of appeal therefrom have been exhausted or have lapsed). Indemnitee's ’s obligation to reimburse the Company Corporation for Expense Advances shall be unsecured and no interest shall be charged thereon.

Appears in 1 contract

Sources: Indemnification Agreement (Biomimetic Therapeutics, Inc.)

Expense Advances. If so requested by Indemnitee, the Company shall advance (shall, within ten 10 business days of after such request) any and , advance all Expenses to Indemnitee (an "Expense Advance"); proved that. Notwithstanding the foregoing, if and to the extent that the Reviewing Party determines that Indemnitee would not be permitted to be so indemnified under applicable law, the Company shall be entitled to be reimbursed by Indemnitee (who for all such amounts, and Indemnitee hereby agrees to reimburse the Company) Company promptly for all such amounts theretofore paidthe same. If Indemnitee has commenced legal proceedings in a court of competent jurisdiction to secure a determination that Indemnitee should be indemnified under applicable law, as provided in Section 4, any determination made by the Reviewing Party that Indemnitee would not be permitted to be indemnified under applicable law shall not be binding binding, and Indemnitee shall not be required to reimburse the Company for any Expense Advance unit until a final judicial determination is made with respect thereto (as to which and all rights of appeal therefrom have been exhausted or have lapsed). Indemnitee's ’s obligation to reimburse the Company for Expense Advances shall be unsecured unsecured, and no interest shall be charged thereon.

Appears in 1 contract

Sources: Indemnification Agreement (Penthouse International Inc)

Expense Advances. If so requested by an Indemnitee, the Company shall advance (within ten (10) business days of the Company's receipt of such request) any and all reasonable Expenses to Indemnitee (an "Expense AdvanceEXPENSE ADVANCE"); proved that, subject to repayment by the Indemnitee of all such Expense Advances, if and to the extent that the Reviewing Party determines that Indemnitee would not be permitted to be so indemnified under applicable law, the Company it shall be determined by final judgment of a court, tribunal or arbitration panel of competent jurisdiction that such Indemnitee was not entitled to be reimbursed by Indemnitee (who hereby agrees to reimburse the Company) for all such amounts theretofore paidindemnification hereunder. If an Indemnitee has commenced legal proceedings or arbitration in a court court, tribunal or arbitration venue of competent jurisdiction to secure a determination that such Indemnitee should be indemnified under applicable law, as provided in Section 414, any determination made by the Reviewing Party Company that such Indemnitee would not be permitted to be indemnified under applicable law shall not be binding and such Indemnitee shall not be required to reimburse the Company for any Expense Advance unit until a final judicial determination is made with respect thereto (as to which all rights of appeal therefrom have either been exhausted or have lapsed). An Indemnitee's obligation to reimburse the Company for Expense Advances shall be unsecured and no interest shall be charged thereon.

Appears in 1 contract

Sources: Management Services Agreement (Illinois Superconductor Corporation)

Expense Advances. If so requested by Indemnitee, the Company shall advance (within ten business days of such request) any and all Expenses to Indemnitee (an "Expense Advance"); proved provided that, if and to the extent that the Reviewing Party determines that Indemnitee would not be permitted to be so indemnified under applicable law, the Company shall be entitled to be reimbursed by Indemnitee (who hereby agrees to reimburse the Company) for all such amounts theretofore paid. If Indemnitee has commenced or commences legal proceedings in a court of competent jurisdiction to secure a determination that Indemnitee should be indemnified under applicable law, as provided in Section 4, any determination made by the Reviewing Party that Indemnitee would not be permitted to be indemnified under applicable law shall not be binding and Indemnitee shall not be required to reimburse the Company for any Expense Advance unit until a final judicial determination is made with respect thereto (as to which all rights of appeal therefrom have been exhausted or have lapsed). Indemnitee's obligation to reimburse the Company for Expense Advances shall be unsecured and no interest shall be charged thereon.. VistaGen Therapeutics, Inc., a Nevada corporation Indemnification Agreement with ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇, Ph. D. May 20, 2013

Appears in 1 contract

Sources: Indemnification Agreement (VistaGen Therapeutics, Inc.)

Expense Advances. If so requested by Indemnitee, the Company shall advance (shall, within ten 10 business days of after such request) any and , advance all Expenses to Indemnitee (an "Expense Advance"); proved that. Notwithstanding the foregoing, if and to the extent that the Reviewing Party reviewing party determines that Indemnitee would not be permitted to be so indemnified under applicable law, the Company shall be entitled to be reimbursed by Indemnitee (who for all such amounts, and Indemnitee hereby agrees to reimburse the Company) Company promptly for all such amounts theretofore paidthe same. If Indemnitee has commenced legal proceedings in a court of competent jurisdiction to secure a determination that Indemnitee should be indemnified under applicable law, as provided in Section 4, any determination made by the Reviewing Party that Indemnitee would not be permitted to be indemnified under applicable law shall not be binding binding, and Indemnitee shall not be required to reimburse the Company for any Expense Advance unit expense advance until a final judicial determination is made with respect thereto (as to which and all rights of appeal therefrom have been exhausted or have lapsed). Indemnitee's obligation to reimburse the Company for Expense Advances expense advances shall be unsecured unsecured, and no interest shall be charged thereon.

Appears in 1 contract

Sources: Indemnification Agreement (Franklin Telecommunications Corp)

Expense Advances. If so requested by Indemnitee, the Company shall advance (within ten business days of such request) any and all Expenses to Indemnitee (an "Expense Advance"); proved provided that, if and to the extent that the Reviewing Party determines that Indemnitee would not be permitted to be so indemnified under applicable law, the Company shall be entitled to be reimbursed by Indemnitee (who hereby agrees to reimburse the Company) for all such amounts theretofore paid. If Indemnitee has commenced or commences legal proceedings in a court of competent jurisdiction to secure a determination that Indemnitee should be indemnified under applicable law, as provided in Section 4, any determination made by the Reviewing Party that Indemnitee would not be permitted to be indemnified under applicable law shall not be binding and Indemnitee shall not be required to reimburse the Company for any Expense Advance unit until a final judicial determination is made with respect thereto (as to which all rights of appeal therefrom have been exhausted or have lapsed). Indemnitee's obligation to reimburse the Company for Expense Advances shall be unsecured and no interest shall be charged thereon.. VistaGen Therapeutics, Inc., a Nevada corporation Indemnification Agreement with ▇▇▇▇▇ ▇. ▇▇▇▇▇ May 20, 2013

Appears in 1 contract

Sources: Indemnification Agreement (VistaGen Therapeutics, Inc.)

Expense Advances. If so requested by Indemnitee, the Company Corporation shall advance (within ten business days of such request) any and , advance all Expenses to Indemnitee (an "Expense Advanceadvance"); proved that. Notwithstanding the foregoing, if and to the extent that the Reviewing Party determines that Indemnitee would not be permitted to be so indemnified under applicable law, the Company Corporation shall be entitled to be reimbursed by Indemnitee (who for all such amounts, and Indemnitee hereby agrees to reimburse the Company) Corporation promptly for all such amounts theretofore paidthe same. If Indemnitee has commenced legal proceedings Proceedings in a court of competent jurisdiction to secure a determination that Indemnitee should be indemnified under applicable law, law as provided in Section paragraph 4, any determination made by the Reviewing Party that Indemnitee would not be permitted to be indemnified under applicable law shall not be binding binding, and Indemnitee shall not be required to reimburse the Company Corporation for any Expense Advance unit advance until a final judicial determination is made with respect thereto (as to which all rights of appeal therefrom have been exhausted or have lapsed). Indemnitee's obligation to reimburse the Company Corporation for Expense Advances advances shall be unsecured and no interest shall be charged thereon.

Appears in 1 contract

Sources: Indemnification Agreement (Scoop Inc/De)

Expense Advances. If so requested by Indemnitee, the Company shall advance (within ten business days of such request) any and all Expenses to Indemnitee (an "Expense Advance"); proved provided that, if and to the extent that the Reviewing Party determines that Indemnitee would not be permitted to be so indemnified under applicable law, the Company shall be entitled to be reimbursed by Indemnitee (who hereby agrees to reimburse the Company) for all such amounts theretofore paid. If Indemnitee has commenced or commences legal proceedings in a court of competent jurisdiction to secure a determination that Indemnitee should be indemnified under applicable law, as provided in Section 4, any determination made by the Reviewing Party that Indemnitee would not be permitted to be indemnified under applicable law shall not be binding and Indemnitee shall not be required to reimburse the Company for any Expense Advance unit until a final judicial determination is made with respect thereto (as to which all rights of appeal therefrom have been exhausted or have lapsed). Indemnitee's obligation to reimburse the Company for Expense Advances shall be unsecured and no interest shall be charged thereon.. VistaGen Therapeutics, Inc., a Nevada corporation Indemnification Agreement with H. ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Ph. D. May 20, 2013

Appears in 1 contract

Sources: Indemnification Agreement (VistaGen Therapeutics, Inc.)

Expense Advances. If so requested by Indemnitee, the Company Corporation shall advance (within ten business days of such request) any and , advance all Expenses to Indemnitee (an "Expense Advance"); proved that. Notwithstanding the foregoing, if and to the extent that the Reviewing Party determines that Indemnitee would not be permitted to be so indemnified under applicable law, the Company Corporation shall be entitled to be reimbursed by Indemnitee (who for all such amounts, and Indemnitee hereby agrees to reimburse the Company) Corporation promptly for all such amounts theretofore paidthe same. If Indemnitee has commenced legal proceedings in a court of competent jurisdiction to secure a determination that Indemnitee should be indemnified under applicable law, law as provided in Section paragraph 4, any determination made by the Reviewing Party that Indemnitee would not be permitted to be indemnified under applicable law shall not be binding binding, and Indemnitee shall not be required to reimburse the Company Corporation for any Expense Advance unit expense advance until a final judicial determination is made with respect thereto (as to which all rights of appeal therefrom have been exhausted or have lapsed). Indemnitee's obligation to reimburse the Company Corporation for Expense Advances expense advances shall be unsecured and no interest shall be charged thereon.

Appears in 1 contract

Sources: Indemnification Agreement (Parent Holding Corp)

Expense Advances. If so requested by Indemnitee, the Company shall advance (within ten business days of such request) any and all Expenses to Indemnitee (an "Expense Advance"); proved provided that, if and to the extent that the Reviewing Party determines that Indemnitee would not be permitted to be so indemnified under applicable law, the Company shall be entitled to be reimbursed by Indemnitee (who hereby agrees to reimburse the Company) for all such amounts theretofore paid. If Indemnitee has commenced or commences legal proceedings in a court of competent jurisdiction to secure a determination that Indemnitee should be indemnified under applicable law, as provided in Section 4, any determination made by the Reviewing Party that Indemnitee would not be permitted to be indemnified under applicable law shall not be binding and Indemnitee shall not be required to reimburse the Company for any Expense Advance unit until a final judicial determination is made with respect thereto (as to which all rights of appeal therefrom have been exhausted or have lapsed). Indemnitee's obligation to reimburse the Company for Expense Advances shall be unsecured and no interest shall be charged thereon.. VistaGen Therapeutics, Inc., a Nevada corporation Indemnification Agreement with ▇▇▇ ▇. ▇▇▇▇ May 20, 2013

Appears in 1 contract

Sources: Indemnification Agreement (VistaGen Therapeutics, Inc.)

Expense Advances. If so requested by Indemnitee, the Company Corporation shall advance (within ten business days of such request) any and all Expenses to Indemnitee (an "Expense Advance"); proved provided that, if and an to the extent that the Reviewing Party determines that Indemnitee would not be permitted to be so indemnified under applicable law, the Company Corporation shall be entitled to be reimbursed by Indemnitee (who hereby agrees to reimburse the CompanyCorporation) for all such amounts theretofore paid. If Indemnitee has commenced legal proceedings in a court of competent jurisdiction to secure a determination that Indemnitee should be indemnified under applicable law, as provided in Section 45, any determination made by the Reviewing Party that Indemnitee would not be permitted to be indemnified under applicable law shall not be binding and Indemnitee shall not be required to reimburse the Company Corporation for any Expense Advance unit until a final judicial determination is made with respect thereto (as to which all rights of appeal therefrom have been exhausted or have lapsed). Indemnitee's ’s obligation to reimburse the Company Corporation for Expense Advances shall be unsecured and no interest shall be charged thereon.

Appears in 1 contract

Sources: Indemnification Agreement (Monmouth Real Estate Investment Corp)

Expense Advances. If so requested by Indemnitee, the Company shall advance (Bancorp shall, within ten business days of such request) any and , advance all Expenses to Indemnitee (an "Expense Advance"); proved that. Notwithstanding the foregoing, if and to the extent that the Reviewing Party determines that Indemnitee would not be permitted to be so indemnified under applicable law, the Company Bancorp shall be entitled to be reimbursed by Indemnitee (who for all such amounts, and Indemnitee hereby agrees to reimburse Bancorp promptly for the Company) for all such amounts theretofore paidsame. If Indemnitee has commenced legal proceedings in a court of competent jurisdiction to secure a determination that Indemnitee should be indemnified under applicable law, as provided in Section section 4, any determination made by the Reviewing Party that Indemnitee would not be permitted to be indemnified under applicable law shall not be binding binding, and Indemnitee shall not be required to reimburse the Company Bancorp for any Expense Advance unit until a final judicial determination is made with respect thereto (as to which and all rights of appeal therefrom have been exhausted or have lapsed). Indemnitee's obligation ’s obligations to reimburse the Company Bancorp for Expense Advances shall be unsecured and no interest shall be charged thereon.

Appears in 1 contract

Sources: Indemnification Agreement (Greater Bay Bancorp)

Expense Advances. If so requested by Indemnitee, the Company shall advance (Bancorp shall, within ten business days of such request) any and , advance all Expenses to Indemnitee (an "Expense Advance"); proved that. Notwithstanding the foregoing, if and to the extent that the Reviewing Party determines that Indemnitee would not be permitted to be so indemnified under applicable law, the Company Bancorp shall be entitled to be reimbursed by Indemnitee (who for all such amounts, and Indemnitee hereby agrees to reimburse Bancorp promptly for the Company) for all such amounts theretofore paidsame. If Indemnitee has commenced legal proceedings in a court of competent jurisdiction to secure a determination that Indemnitee should be indemnified under applicable law, as provided in Section section 4, any determination made by the Reviewing Party that Indemnitee would not be permitted to be indemnified under applicable law shall not be binding binding, and Indemnitee shall not be required to reimburse the Company Bancorp for any Expense Advance unit until a final judicial determination is made with respect thereto (as to which and all rights of appeal therefrom have been exhausted or have lapsed). Indemnitee's obligation obligations to reimburse the Company Bancorp for Expense Advances shall be unsecured and no interest shall be charged thereon.

Appears in 1 contract

Sources: Indemnification Agreement (GBB Capital I)

Expense Advances. If so requested by Indemnitee, the Company shall advance (within ten business days of such request) any and all Expenses to Indemnitee (an "Expense Advance"); proved provided that, if and to the extent that the Reviewing Party determines that Indemnitee would not be permitted to be so indemnified under applicable law, the Company shall be entitled to be reimbursed by Indemnitee (who hereby agrees to reimburse the Company) for all such amounts theretofore paid. If Indemnitee has commenced or commences legal proceedings in a court of competent jurisdiction to secure a determination that Indemnitee should be indemnified under applicable law, as provided in Section 4, any determination made by the Reviewing Party that Indemnitee would not be permitted to be indemnified under applicable law shall not be binding and Indemnitee shall not be required to reimburse the Company for any Expense Advance unit until a final judicial determination is made with respect thereto (as to which all rights of appeal therefrom have been exhausted or have lapsed). Indemnitee's obligation to reimburse the Company for Expense Advances shall be unsecured and no interest shall be charged thereon.. VistaGen Therapeutics, Inc., a Nevada corporation Indemnification Agreement with ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ May 20, 2013

Appears in 1 contract

Sources: Indemnification Agreement (VistaGen Therapeutics, Inc.)

Expense Advances. If so requested by Indemnitee, the Company shall advance (within ten business days of such request) any and all Expenses to Indemnitee (an "Expense Advance"); proved provided that, if and to the extent that the Reviewing Party determines that Indemnitee would not be permitted to be so indemnified under applicable law, the Company shall be entitled to be reimbursed by Indemnitee (who hereby agrees to reimburse the Company) for all such amounts theretofore paid. If Indemnitee has commenced legal proceedings in a court of competent jurisdiction to secure a determination that Indemnitee should be indemnified under applicable law, as provided in Section 4, any determination made by the Reviewing Party that Indemnitee would not be permitted to be indemnified under applicable law shall not be binding 405 4 and Indemnitee shall not be required to reimburse the Company for any Expense Advance unit until a final judicial determination is made with respect thereto (as to which all rights of appeal therefrom have been exhausted or have lapsed). Indemnitee's obligation to reimburse the Company for Expense Advances shall be unsecured and no interest shall be charged thereon.

Appears in 1 contract

Sources: Indemnification Agreement (Madge Networks Nv)