Undertaking to Repay. The Indemnitee hereby undertakes and agrees to repay to the Company any advances made pursuant to this Section 7 if and to the extent that it shall ultimately be found that the Indemnitee is not entitled to be indemnified by the Company for such amounts.
Appears in 29 contracts
Samples: Indemnification Agreement (Radiation Therapy Services Holdings, Inc.), Indemnification Agreement (Forefront Holdings, Inc.), Indemnification Agreement (Terremark Worldwide Inc)
Undertaking to Repay. The Indemnitee hereby undertakes and agrees to repay to the Company Corporation any advances made pursuant to this Section 7 if and to the extent that it shall ultimately be found determined (in accordance with Section 4 hereof or by final judicial determination from which there is no further right to appeal, as applicable) that the Indemnitee is not entitled to be indemnified by the Company Corporation for such amounts.
Appears in 5 contracts
Samples: Indemnification Agreement (CLS Holdings USA, Inc.), Indemnification Agreement (Perry Ellis International, Inc), Indemnification Agreement (CLS Holdings USA, Inc.)
Undertaking to Repay. The Indemnitee hereby undertakes and agrees to repay to the Company Corporation any advances made pursuant to this Section 7 8 if and to the extent that it shall ultimately be found that the Indemnitee is not entitled to be indemnified by the Company Corporation for such amounts.
Appears in 3 contracts
Samples: Indemnification Agreement (Netspeak Corp), Indemnification Agreement (Sagemark Companies LTD), Indemnification Agreement (Sagemark Companies LTD)
Undertaking to Repay. The Indemnitee hereby undertakes and agrees to repay to the Company any advances made pursuant to this Section 7 if and to the extent that it a court of competent jurisdiction shall ultimately be found make a final judgment (as to which all rights of appeal therefrom have been exhausted or lapsed) that the Indemnitee is not entitled to be indemnified by the Company for such amountsamounts or such advances were in violation of Section 13 hereof.
Appears in 2 contracts
Samples: Indemnification Agreement (Castle Brands Inc), Indemnification Agreement (Pediatrix Medical Group Inc)
Undertaking to Repay. The Indemnitee hereby undertakes and agrees to repay to the Company any advances made pursuant to this Section 7 if and to the -8- extent that it shall ultimately be found that the Indemnitee is not entitled to be indemnified by the Company for such amounts.
Appears in 1 contract
Undertaking to Repay. The Indemnitee hereby undertakes and agrees to repay to the Company Corporation any advances made pursuant to this Section 7 if and to the extent that it shall ultimately be found (in accordance with Section 4 hereof or by final judicial determination from which there is no further right to appeal, as applicable) that the Indemnitee is not entitled to be indemnified by the Company Corporation for such amounts.
Appears in 1 contract
Samples: Indemnification Agreement (Perry Ellis International Inc)
Undertaking to Repay. The Indemnitee hereby undertakes and agrees to repay to the Company any advances made mad e pursuant to this Section 7 if and to the extent that it a court of competent jurisdiction shall ultimately be found make a final judgment (as to which all rights of appeal therefrom have been exhausted or lapsed) that the Indemnitee is not entitled to be indemnified by the Company for such amounts.
Appears in 1 contract
Undertaking to Repay. The Indemnitee hereby undertakes and agrees to repay to the Company any advances made pursuant to this Section 7 if 4 if, and to the extent that that, it shall ultimately be found that the Indemnitee is not entitled to be indemnified indemnification by the Company for such amountsunder Section 3 hereof or applicable law.
Appears in 1 contract
Samples: Indemnification Agreement (Metropolitan Health Networks Inc)
