Payment of Indemnification Expenses. Prior to the final disposition of any claim or proceeding with respect to which any Exculpated Party may be entitled to indemnification hereunder, in the Board of Managers’ sole discretion, the Company may pay to the Exculpated Party, in advance of such final disposition, an amount equal to all expenses of such Exculpated Party reasonably incurred in the defense of such claim or proceeding so long as the Company has received a written undertaking of such Exculpated Party to repay to the Company the amount so advanced if it shall be finally determined that such Exculpated Party was not entitled to indemnification hereunder.
Appears in 1 contract
Sources: Limited Liability Company Agreement (Sealy Industrial Partners IV, LP)
Payment of Indemnification Expenses. Prior to the final disposition of any claim or proceeding with respect to which any Exculpated Indemnified Party may be entitled to indemnification hereunder, in the Board of Managers’ Managing Member’s sole discretion, and absolute discretion the Company LLC may pay to the Exculpated Indemnified Party, in advance of such final disposition, an amount equal to all expenses of such Exculpated Indemnified Party reasonably incurred in the defense of such claim or proceeding so long as the Company LLC has received a written undertaking of such Exculpated Indemnified Party to repay to the Company LLC the amount so advanced if it shall be finally determined that such Exculpated Indemnified Party was not entitled to indemnification hereunder.
Appears in 1 contract
Sources: Limited Liability Company Agreement (Net Lease Acquisition LLC)
Payment of Indemnification Expenses. Prior to the final disposition of any claim or proceeding with respect to which any Exculpated Indemnified Party may be entitled to indemnification hereunder, in the Board of Managers’ General Partner’s sole discretion, and absolute discretion the Company Partnership may pay to the Exculpated Indemnified Party, in advance of such final disposition, an amount equal to all expenses of such Exculpated Indemnified Party reasonably incurred in the defense of such claim or proceeding so long as the Company Partnership has received a written undertaking of such Exculpated Indemnified Party to repay to the Company Partnership the amount so advanced if it shall be finally determined that such Exculpated Indemnified Party was not entitled to indemnification hereunder.
Appears in 1 contract
Sources: Limited Partnership Agreement (Capmark Finance Inc.)