Common use of Expense Request Clause in Contracts

Expense Request. Subject to Section 8, to obtain advancement of Expenses under this Agreement, Indemnitee shall submit to the Company (i) a written request therefor, together with such invoices or other supporting information as may be reasonably requested by the Company and reasonably available to Indemnitee, and (ii) together with, or prior to the submission of, such invoices, (1) the written affirmation required under Section 8.53 of the Act of the Indemnitee’s good faith belief that he has met the relevant standard of conduct described in Section 8.51 of the Act or that the proceeding involves conduct for which liability has been eliminated under a provision of the Company’s Articles of Organization as authorized by clause (4) of subsection (b) of Section 2.02 of the Act and (2) the Indemnitee’s written undertaking required under Section 8.53 of the Act to repay any advanced funds as provided in Section 8.53 of the Act. The Company shall make advance payment of Expenses to Indemnitee no later than thirty (30) days after receipt of the foregoing (and each subsequent request for advancement) by Indemnitee. If, at the time of receipt of any such written request for advancement of Expenses, the Company has director and officer insurance policies in effect, the Company will promptly notify the relevant insurers in accordance with the procedures and requirements of such policies. The Company shall thereafter keep such director and officer insurers informed of the status of the Proceeding or other claim, as appropriate to secure coverage of Indemnitee for such claim.