Common use of Payment of Expenses in Advance Clause in Contracts

Payment of Expenses in Advance. Expenses and attorneys' fees incurred in defending any civil or criminal action or proceeding for which indemnification is required pursuant to Section 6.1, or if otherwise authorized by the Board of Directors, shall be paid by the corporation in advance of the final disposition of such action or proceeding upon receipt of an undertaking by or on behalf of the indemnified party to repay such amount if it shall ultimately be determined that the indemnified party is not entitled to be indemnified as authorized in this Article VI.

Appears in 2 contracts

Samples: Eagle Aero Holdings CORP, Eagle Aero Holdings CORP

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Payment of Expenses in Advance. Expenses and attorneys' ’ fees incurred in defending any civil or criminal action or proceeding for which indemnification is required pursuant to Section 6.1, or if otherwise authorized by the Board of DirectorsBoard, shall be paid by the corporation Corporation in advance of the final disposition of such action or proceeding upon receipt of an undertaking by or on behalf of the indemnified party to repay such amount if it shall ultimately be determined that the indemnified party is not entitled to be indemnified as authorized in this Article VI.

Appears in 1 contract

Samples: Agreement and Plan of Merger

Payment of Expenses in Advance. Expenses and attorneys' fees incurred in defending any civil or criminal action or proceeding for which indemnification is required pursuant to Section 6.1, 6.1 or if otherwise authorized for which indemnification is permitted pursuant to Section 6.2 following authorization thereof by the Board of Directors, Directors shall be paid by the corporation in advance of the final disposition of such action or proceeding upon receipt of an undertaking by or on behalf of the indemnified party to repay such amount if it shall ultimately be determined that the indemnified party is not entitled to be indemnified as authorized in this Article VI.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Chemdex Corp)

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Payment of Expenses in Advance. Expenses and attorneys' fees incurred in defending any civil or criminal action or proceeding for which indemnification is required pursuant to Section 6.15.1, or if otherwise authorized approved by the Board board of Directorsdirectors, shall be paid by the corporation in advance of the final disposition of such action or proceeding upon receipt of an undertaking by or on behalf of the indemnified party to repay such amount if it shall ultimately be determined that the indemnified party is not entitled to be indemnified as authorized in this Article VI.V.

Appears in 1 contract

Samples: Shareholder Agreement (Phone Com Inc)

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