Prepayment of Expenses. To the extent not prohibited by applicable law, the 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 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 VI or otherwise.
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Samples: Agreement and Plan of Merger (M III Acquisition Corp.), Investor Rights Agreement (Infrastructure & Energy Alternatives, Inc.), Investor Rights Agreement (Infrastructure & Energy Alternatives, Inc.)
Prepayment of Expenses. To The corporation shall to the fullest extent not prohibited by applicable law, the Company shall law pay the expenses (including reasonable attorneys’ ' fees) incurred by a Covered Person in defending any Claim proceeding 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 the proceeding shall be made only upon receipt of an undertaking by such the Covered Person to repay all amounts advanced if it should be ultimately determined that such the Covered Person is not entitled to be indemnified under this ARTICLE Article VI or otherwise.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Celldex Therapeutics, Inc.), Voting Agreement (Cas Medical Systems Inc)
Prepayment of Expenses. To the extent not prohibited by applicable law, the Company 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 VI or otherwise.
Appears in 2 contracts
Samples: Form of Stockholders Agreement (PlayAGS, Inc.), Stockholders Agreement (PlayAGS, Inc.)
Prepayment of Expenses. To The Corporation shall to the fullest extent not prohibited by applicable law, the Company shall pay the expenses (including reasonable attorneys’ fees) incurred by a Covered Person in defending or otherwise participating in any Claim proceeding 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 the proceeding shall be made only upon receipt of an undertaking by such the Covered Person to repay all amounts advanced if it should be ultimately determined that such the Covered Person is not entitled to be indemnified under this ARTICLE Article VI or otherwise.
Appears in 1 contract
Samples: Business Combination Agreement (Maquia Capital Acquisition Corp)
Prepayment of Expenses. To The Corporation shall to the fullest extent not prohibited by applicable law, the Company shall pay the expenses (including reasonable attorneys’ fees) incurred by a Covered Person in defending any Claim proceeding 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 the proceeding shall be made only upon receipt of an undertaking by such the Covered Person to repay all amounts advanced if it should be ultimately determined that such the Covered Person is not entitled to be indemnified under this ARTICLE Article VI or otherwise.
Appears in 1 contract
Samples: Business Combination Agreement (Aurora Technology Acquisition Corp.)
Prepayment of Expenses. To The Corporation shall to the fullest extent not prohibited by applicable law, the Company shall law pay the expenses (including reasonable attorneys’ fees) incurred by a Covered Person in defending any Claim proceeding 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 the proceeding shall be made only upon receipt of an undertaking by such the Covered Person to repay all amounts advanced if it should be ultimately determined that such the Covered Person is not entitled to be indemnified under this ARTICLE Article VI or otherwise.
Appears in 1 contract
Prepayment of Expenses. To The corporation shall to the fullest extent not prohibited by applicable law, the Company shall law pay the expenses (including reasonable attorneys’ fees) incurred by a Covered Person in defending any Claim proceeding 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 the proceeding shall be made only upon receipt of an undertaking by such the Covered Person to repay all amounts advanced if it should be ultimately determined that such the Covered Person is not entitled to be indemnified under this ARTICLE Article VI or otherwise.
Appears in 1 contract
