Common use of Mandatory Advancement of Expenses Clause in Contracts

Mandatory Advancement of Expenses. Subject to Section 10(a) below, the Company shall advance all Expenses incurred by the Indemnitee in connection with the investigation, defense, settlement or appeal or any Proceeding to which the Indemnitee is a party or is threatened to be made a party by reason of the fact that the Indemnitee is or was an Agent. Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined pursuant to Section 8 hereof that the Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to the Indemnitee within twenty (20) days following delivery of a written request therefor by the Indemnitee to the Company.

Appears in 8 contracts

Samples: Indemnity Agreement (Informix Corp), Indemnity Agreement (Ascential Software Corp), Indemnity Agreement (Ascential Software Corp)

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Mandatory Advancement of Expenses. Subject to Section 10(a) 10 below, the Company shall advance all Expenses expenses incurred by the Indemnitee in connection with the investigation, defense, settlement or appeal or of any Proceeding proceeding to which the Indemnitee is a party or is threatened to be made a party by reason of the fact that the Indemnitee is or was an Agentagent of the Company or by reason of anything done or not done by him or her in any such capacity. Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined pursuant to Section 8 hereof that the Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to the Indemnitee within twenty ten (2010) days following delivery of a written request therefor by the Indemnitee to the Company.

Appears in 4 contracts

Samples: Indemnity Agreement (Praetorian Property, Inc.), Indemnity Agreement (Praetorian Property, Inc.), Indemnity Agreement (Berkshire Homes, Inc.)

Mandatory Advancement of Expenses. Subject to Section 10(a11(a) below, the Company Corporation shall advance all Expenses expenses (including without limitation the retainer or other advance payment of legal counsel and experts) incurred by the Indemnitee in connection with the investigation, defense, settlement or appeal or of any Proceeding proceeding to which the Indemnitee is a party or is threatened to be made a party party, or otherwise is involuntarily involved in, by reason of the fact that the Indemnitee is or was an Agentagent of the Corporation. Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined pursuant to Section 8 hereof that the Indemnitee is not entitled to be indemnified by the Company Corporation as authorized hereby. The advances to be made hereunder shall be paid by the Company Corporation to the Indemnitee within twenty (20) days following delivery of a written request therefor by the Indemnitee to the CompanyCorporation.

Appears in 1 contract

Samples: Indemnification Agreement (Superior Industries International Inc)

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Mandatory Advancement of Expenses. Subject to Section 10(a) 10 below, the Company shall advance all Expenses expenses incurred by the Indemnitee in connection with the investigation, defense, settlement or appeal or of any Proceeding proceeding to which the Indemnitee is a party or is threatened to be made a party by reason of the fact that the Indemnitee is or was an Agentagent of the Company or by reason of anything done or not done by him or her in any such capacity. Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined pursuant to Section 8 hereof determined, by the court or per section 8(c), that the Indemnitee is not entitled to be indemnified by the Company as authorized hereby. The advances to be made hereunder shall be paid by the Company to the Indemnitee within twenty (20) days following delivery of a written request therefor by the Indemnitee to the Company.

Appears in 1 contract

Samples: Indemnity Agreement (Natur International Corp.)

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