Common use of Prepayment of Expenses Clause in Contracts

Prepayment of Expenses. The Corporation shall pay the expenses (including attorneys' fees) incurred in defending any proceeding in advance of its final disposition; provided, however, that the payment of expenses incurred by a Director or officer in advance of the final disposition of the proceeding shall be made only upon receipt of an undertaking by the Director or officer to repay all amounts advanced if it should be ultimately determined that the Director or officer is not entitled to be indemnified under this Article VII or otherwise.

Appears in 2 contracts

Samples: Securities Purchase Agreement (MDNA Life Sciences, Inc.), Securities Purchase Agreement (MDNA Life Sciences, Inc.)

AutoNDA by SimpleDocs

Prepayment of Expenses. The Corporation shall pay the expenses (including attorneys' fees) incurred by a Covered Person in defending any proceeding Proceeding in advance of its final disposition; provided, howeverPROVIDED, that HOWEVER, that, to the extent required by law, such payment of expenses incurred by a Director or officer in advance of the final disposition of the proceeding Proceeding shall be made only upon receipt of an undertaking by the Director or officer Covered Person to repay all amounts advanced if it should be ultimately determined that the Director or officer Covered Person is not entitled to be indemnified under this Article VII or otherwise.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Hawaiian Airlines Inc/Hi), Agreement and Plan of Merger (Brenneman Gregory D)

Prepayment of Expenses. The Corporation shall pay the expenses (including attorneys' fees) incurred in by a Covered Person defending any proceeding Proceeding in advance of its final disposition; providedPROVIDED, howeverHOWEVER, that that, to the extent required by law, such payment of expenses incurred by a Director or officer in advance of the final disposition of the proceeding a Proceeding shall be made only upon receipt of an undertaking by the Director or officer Covered Person to repay all amounts advanced if it should be ultimately determined that the Director or officer Covered Person is not entitled to be indemnified under this Article VII 8 or otherwise.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Brenneman Gregory D), Agreement and Plan of Merger (Hawaiian Airlines Inc/Hi)

Prepayment of Expenses. The Corporation corporation shall pay the expenses (including attorneys' fees) incurred by any officer or director of the corporation, and may pay the expenses incurred by any employee or agent of the corporation, in defending any proceeding Proceeding in advance of its final disposition; provided, howeverhowever , that the payment of expenses incurred by a Director or officer person in advance of the final disposition of the proceeding Proceeding shall be made only upon receipt of an undertaking by the Director or officer person to repay all amounts advanced if it should be ultimately determined that the Director or officer person is not entitled to be indemnified under this Article VII IX or otherwise.

Appears in 1 contract

Samples: Loan and Security Agreement (Sunesis Pharmaceuticals Inc)

AutoNDA by SimpleDocs

Prepayment of Expenses. The Corporation Company shall pay the expenses (including attorneys' fees) incurred by an Indemnitee in defending any proceeding in advance of its final disposition; provided, howeverPROVIDED, HOWEVER, that the payment of expenses incurred by a Director representative to the Management Committee or officer in advance of the final disposition of the proceeding shall be made only upon receipt of an undertaking by the Director or officer such individual to repay all amounts advanced if it should be ultimately determined that the Director or officer individual is not entitled to be indemnified under this Article VII Section 4.l(d) or otherwise.

Appears in 1 contract

Samples: Operating Agreement (Teletech Holdings Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.