Common use of Prepayment of Expenses Clause in Contracts

Prepayment of Expenses. To the extent not prohibited by applicable law, the Corporation shall pay the expenses (including reasonable attorneys’ fees) incurred by a Covered Person in defending any Claim in advance of its final disposition; provided, however, that, to the extent required by applicable law, such payment of expenses in advance of the final disposition of such Claim shall be made only upon receipt of an undertaking by such Covered Person to repay all amounts advanced if it should be ultimately determined that such Covered Person is not entitled to be indemnified under this ARTICLE V or otherwise.

Appears in 2 contracts

Samples: Stockholders Agreement (J.Jill, Inc.), Stockholders Agreement (J.Jill, Inc.)

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Prepayment of Expenses. To the extent not prohibited by applicable law, the Corporation Company shall pay the expenses (including the cost of investigation and defense and reasonable attorneys’ feesfees and expenses) incurred by a Covered Person in defending any Claim in advance of its final disposition; provided, however, that, to the extent required by applicable law, such payment of expenses in advance of the final disposition of such Claim shall be made only upon receipt of an undertaking by such Covered Person to repay all amounts advanced if it should be ultimately determined that such Covered Person is not entitled to be indemnified under this ARTICLE V VI or otherwise.

Appears in 2 contracts

Samples: Equity Commitment Agreement (Infrastructure & Energy Alternatives, Inc.), Investor Rights Agreement (Infrastructure & Energy Alternatives, Inc.)

Prepayment of Expenses. To the extent not prohibited by applicable lawLaw, the Corporation Company shall pay the expenses (including reasonable attorneys’ fees) incurred by a Covered Person in defending any Claim in advance of its final disposition; provided, however, that, to the extent required by applicable lawLaw, such payment of expenses in advance of the final disposition of such Claim shall be made only upon receipt of an undertaking by such Covered Person to repay all amounts advanced if it should be ultimately determined that such Covered Person is not entitled to be indemnified under this ARTICLE V Article X or otherwise.

Appears in 2 contracts

Samples: Form of Investor Rights Agreement (Tpi Composites, Inc), Investor Rights Agreement (Tpi Composites, Inc)

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Prepayment of Expenses. To the extent not prohibited by applicable lawLaw, the Corporation Company shall pay the expenses (including reasonable attorneys’ fees) incurred by a Covered Person in defending any Claim in advance of its final disposition; provided, however, that, to the extent required by applicable lawLaw, such payment of expenses in advance of the final disposition of such Claim shall be made only upon receipt of an undertaking by such Covered Person to repay all amounts advanced if it should be ultimately determined that such Covered Person is not entitled to be indemnified under this ARTICLE Article Article V or otherwise.

Appears in 1 contract

Samples: Investor Rights Agreement (Tpi Composites, Inc)

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