Advancement of Expenses Clause Example with 112 Variations from Business Contracts

This page contains Advancement of Expenses clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Advancement of Expenses. Notwithstanding any other provision of this Agreement, the Company shall advance all Expenses incurred by or on behalf of Indemnitee in connection with any Proceeding by reason of Indemnitee's Corporate Status within thirty (30) days after the receipt by the Company of a statement or statements from Indemnitee requesting such advance or advances from time to time, whether prior to or after final disposition of such Proceeding. Such statement or statements shall reasonably evidence the Expenses i...ncurred by Indemnitee and shall include or be preceded or accompanied by a written undertaking by or on behalf of Indemnitee to repay any Expenses advanced if it shall ultimately be determined that Indemnitee is not entitled to be indemnified against such Expenses. Any advances and undertakings to repay pursuant to this Section 5 shall be unsecured and interest free. View More

Variations of a "Advancement of Expenses" Clause from Business Contracts

Advancement of Expenses. Notwithstanding any other provision of this Agreement, if by reason of Indemnitee's Corporate Status, Indemnitee is, or is threatened to be made, a party to or participant in any Proceeding (including as a witness), then, to the Company fullest extent permitted by law, the Parent shall advance to Indemnitee all Expenses incurred by or on behalf of Indemnitee in connection with any such Proceeding by reason in advance of Indemnitee's Corporate Status the final disposition of such Proceeding. Expe...nses the Parent is required to advance pursuant to this Section ‎7 shall be paid within thirty (30) ten (10) days after the receipt by the Company Parent of a statement or statements from Indemnitee requesting such advance or advances from time to time, whether prior to or after final disposition of such Proceeding. Such statement or statements shall reasonably evidence the Expenses incurred by Indemnitee and shall shall, if and to the extent required by the DGCL, include or be preceded or accompanied by a written undertaking by or on behalf of Indemnitee to repay any Expenses advanced if it shall ultimately be determined that Indemnitee is not entitled to be indemnified against such Expenses. Any advances and undertakings to repay pursuant to this Section 5 7 shall be unsecured and interest free. View More
Advancement of Expenses. Notwithstanding any other provision of this Agreement, the Company shall advance all Expenses incurred by or on behalf of Indemnitee in connection with any Proceeding by reason of Indemnitee's Corporate Status within thirty (30) days after the receipt by the Company of a statement or statements from Indemnitee requesting such advance or advances from time to time, whether prior to or after final disposition of such Proceeding. Such statement or statements shall reasonably evidence the Expenses i...ncurred by Indemnitee. The Indemnitee shall qualify for advances upon the execution and delivery to the Company of this Agreement, which shall include or be preceded or accompanied by a written constitute an undertaking by or on behalf of providing that the Indemnitee undertakes to repay any Expenses the amounts advanced (without interest) by the Company pursuant to this Section 5, if and only to the extent that it shall is ultimately be determined that Indemnitee is not entitled entitle d to be indemnified against such Expenses. by the Company. No other form of undertaking shall be required other than the execution of this Agreement. Any advances and undertakings to repay pursuant to this Section 5 shall be unsecured and interest free. This Section 5 shall not apply to any claim made by Indemnitee for which indemnity is excluded pursuant to Section 9. View More
Advancement of Expenses. Notwithstanding any other provision of this Agreement, the Company shall advance all Expenses actually and reasonably incurred by or on behalf of Indemnitee in connection with any Proceeding by reason of Indemnitee's Corporate Status within thirty (30) days after the receipt by the Company of a statement or statements from Indemnitee requesting such advance or advances from time to time, whether prior to or after final disposition of such Proceeding. Such statement or statements shall reasonably... evidence the Expenses incurred by Indemnitee. Indemnitee shall qualify for advances upon the execution and delivery to the Company of this Agreement which shall include or be preceded or accompanied constitute an undertaking providing that Indemnitee undertakes to the fullest extent required by law to repay the advance if and to the extent that it is ultimately determined by a written undertaking by or on behalf court of Indemnitee competent jurisdiction in a final judgment, not subject to repay any Expenses advanced if it shall ultimately be determined appeal, that Indemnitee is not entitled to be indemnified against such Expenses. by the Company. No other form of undertaking shall be required. Any advances and undertakings to repay pursuant to this Section 5 shall be unsecured and interest free. View More
Advancement of Expenses. Notwithstanding any other provision of this Agreement, Agreement (other than Section 9 hereof and the final sentence of this Section 5), the Company shall will advance all Expenses incurred by or on behalf of Indemnitee in connection with any Proceeding by reason of Indemnitee's Corporate Status within thirty (30) 30 days after the receipt by the Company of a statement or statements from Indemnitee requesting such advance or advances from time to time, advances, whether prior to or after final d...isposition of such Proceeding. Such statement or statements shall will reasonably evidence the Expenses incurred by Indemnitee and shall will include or be preceded or accompanied by a written undertaking by or on behalf of Indemnitee to repay any Expenses advanced if it shall is ultimately be determined that Indemnitee is not entitled to be indemnified against such Expenses. Any advances and undertakings to repay pursuant to this Section 5 shall will be unsecured and interest free. This Section 5 shall not apply to any claim made by Indemnitee for which indemnity is excluded pursuant to Section 9. View More
Advancement of Expenses. Notwithstanding any other provision of this Agreement, the Company shall advance all Expenses incurred to the Indemnitee to the fullest extent permitted by or on behalf of the DGCL as the same may be amended from time to time. Indemnitee shall be entitled to the advancement provided in connection with any Proceeding this Section if by reason of Indemnitee's Corporate Status Status, Indemnitee is a party or is threatened to be made a party, or a witness to any Proceeding; or if Indemnitee brings ...and pursues an action pursuant to Section 7(d) of this Agreement. The advancement shall be made within thirty (30) days after the receipt by the Company of a statement or statements from Indemnitee requesting such advance or advances from time to time, whether prior to or after final disposition of such Proceeding. Such statement or statements shall reasonably evidence the Expenses incurred by Indemnitee and shall include or be preceded or accompanied by a written undertaking by or on behalf of Indemnitee to repay any Expenses 4 advanced if it shall ultimately be determined determined, after all appeals to a court of competent jurisdiction are exhausted, that Indemnitee is not entitled to be indemnified against such Expenses. Any advances and undertakings to repay pursuant to this Section 5 shall be unsecured and interest free. In making a written claim for advancement, Indemnitee need not submit to the Company information that counsel for Indemnitee deems is privileged and exempt from compulsory disclosure in any proceeding. View More
Advancement of Expenses. Notwithstanding To the fullest extent permitted by law, as such may be amended from time to time (but in the case of any other provision of this Agreement, such amendment, only to the extent that such amendment permits the Company to provide broader advancement rights than permitted prior to such amendment), the Company shall advance all Expenses incurred by or on behalf of Indemnitee in connection with any Proceeding by reason of Indemnitee's Corporate Status within thirty (30) 10 days after th...e receipt by the Company of a statement or statements from Indemnitee requesting such advance or advances from time to time, whether prior to or after final disposition of such Proceeding. Such statement or statements shall reasonably evidence the Expenses incurred by Indemnitee and shall include or be preceded or accompanied by a written an undertaking by or on behalf of Indemnitee to repay any Expenses advanced if it shall is ultimately be determined that Indemnitee is not entitled to be indemnified against such Expenses. Expenses within 30 days of a final determination. Any advances and undertakings to repay pursuant to this Section 5 shall be unsecured and interest free. interest-free and any advances shall be made without regard to Indemnitee's ability to repay the Expenses. Indemnitee will qualify for and be entitled to receive such advances solely upon execution and delivery to the Company of the statement or statements and the undertaking referred to in this Section 5. View More
Advancement of Expenses. Notwithstanding any other provision of this Agreement, the Company shall advance all Expenses incurred by or on behalf of Indemnitee in connection with any Proceeding by reason of Indemnitee's Corporate Status within thirty (30) days after the receipt by the Company of a statement or statements from Indemnitee requesting such advance or advances from time to time, whether received prior to or after final disposition of such Proceeding. Such statement or statements shall reasonably evidence the E...xpenses incurred by Indemnitee. Indemnitee shall qualify for advances upon the execution and delivery to the Company of this Agreement which shall include or be preceded or accompanied constitute an undertaking providing that Indemnitee undertakes to the fullest extent required by law to repay the advance if and to the extent that it is ultimately determined by a written undertaking by or on behalf court of Indemnitee competent jurisdiction in a final judgment, not subject to repay any Expenses advanced if it shall ultimately be determined appeal, that Indemnitee is not entitled to be indemnified against such Expenses. by the Company. No other form of undertaking shall be required. Any advances and undertakings to repay pursuant to this Section 5 shall be unsecured and interest free. View More
Advancement of Expenses. Notwithstanding any other provision of this Agreement, the The Company shall advance all Expenses incurred by or on behalf of Indemnitee in connection with the defense of any Proceeding to which the Indemnitee was made a party by reason of Indemnitee's Corporate Status within thirty (30) days after at the receipt by request of the Company Indemnitee. The Indemnitee's right to advancement shall not be subject to the satisfaction of any standard of conduct and advances shall be made without regard... to the Indemnitee's ultimate entitlement to indemnification under the provisions of this Agreement or otherwise. To receive an advancement of expenses, the Indemnitee shall submit a written statement or statements from Indemnitee requesting such advance or advances from time to time, whether prior to or after final disposition of such Proceeding. Such statement or statements shall reasonably evidence the Expenses incurred by Indemnitee and shall include or be preceded or accompanied by a written an undertaking by or on behalf of Indemnitee to repay any Expenses advanced if it shall ultimately be determined that Indemnitee is not entitled to be indemnified against such Expenses. Any advances and undertakings to repay pursuant to this Section 5 shall be unsecured and interest free. Each such advancement of Expenses shall be made within 20 calendar days after the receipt by the Secretary of the Company of such written request. View More
Advancement of Expenses. Notwithstanding any other provision of this Agreement, the Company shall will advance all Expenses incurred by or on behalf of Indemnitee in connection with any Proceeding by reason of Indemnitee's Corporate Status within thirty (30) days after the receipt by the Company of a statement or statements from Indemnitee requesting such advance or advances from time to time, advances, whether prior to or after final disposition of such Proceeding. Proceeding and even if no determination with respect t...o entitlement to indemnification under Section 6 has been made. Such statement or statements shall will reasonably evidence the Expenses incurred by Indemnitee and shall will include or be preceded or accompanied by a written undertaking by or on behalf of Indemnitee to repay any Expenses advanced if it shall is ultimately be determined that Indemnitee is not entitled to be indemnified against such Expenses. Any advances and undertakings to repay pursuant to this Section 5 shall will be unsecured and interest free. View More
Advancement of Expenses. Notwithstanding any other provision of this Agreement, the Company shall advance all Expenses incurred by or on behalf of Indemnitee in connection with defending any Proceeding by reason of Indemnitee's Corporate Status within thirty (30) days after the receipt by the Company of a statement or statements from Indemnitee requesting such advance or advances from time to time, whether prior to or after final disposition of such Proceeding. Such statement or statements shall reasonably evidence the ...Expenses incurred by Indemnitee and and, if required by law at the time of such advance. Indemnitee shall include or be preceded or accompanied by a written also submit an undertaking by or on behalf of Indemnitee to repay any Expenses advanced if it shall ultimately be determined by a court of competent jurisdiction that Indemnitee is not entitled to be indemnified by the Company against such Expenses. Any advances and undertakings to repay pursuant to this Section 5 6 shall be unsecured and interest free. In furtherance of the foregoing, Indemnitee hereby undertakes to repay such amounts advanced only if, and to the extent that, it shall ultimately be determined by a court of competent jurisdiction that Indemnitee is not entitled to be indemnified by the Company as authorized by this Agreement. View More