Procedure for Advancement. The Corporation shall advance Expenses pursuant to subsection A above within ten (10) business days after the receipt by the Corporation of an Undertaking. Indemnitee hereby agrees to repay any Expenses advanced hereunder if it shall ultimately be determined by a court of competent jurisdiction that such Indemnitee is not entitled to be indemnified against such Expenses. Any advances and the undertaking to repay pursuant to this Article V shall be unsecured and interest free.
Appears in 6 contracts
Samples: Employment Agreement (Gotham Golf Corp), Employment Agreement (Gotham Golf Corp), Employment Agreement (Gotham Golf Corp)
Procedure for Advancement. The Corporation shall advance Expenses pursuant to subsection A above within ten (10) business days after the receipt by the Corporation of an Undertaking. Each Indemnitee hereby agrees to repay any Expenses advanced hereunder if it shall ultimately be determined by a court of competent jurisdiction that such Indemnitee is not entitled to be indemnified against such Expenses. Any advances and the undertaking to repay pursuant to this Article V shall be unsecured and interest free.
Appears in 1 contract
Samples: Indemnification Agreement (Burnham Pacific Properties Inc)