Common use of Written Request Clause in Contracts

Written Request. If so requested by Indemnitee in writing, the Company shall (subject to the Expense Advance Rules hereinafter described) advance to Indemnitee (an "Expense Advance") any and all Expenses incurred in connection with the investigation and preparation of the Indemnitee's participation in any Indemnifiable Action or Indemnifiable Derivative Action, whether as a witness or a party, pursuant to this Agreement. The Company shall comply with the Indemnitee's written request for an Expense Advance, and make any necessary determination that the facts then known would not preclude indemnification under the ABCA, within ten (10) business days of receipt of such written request together with the reimbursement commitment referred to in subparagraph (b) below. If the Company does not honor Indemnitee's request for an Expense Advance, Indemnitee may bring an action in any court of competent jurisdiction to enforce the right to an Expense Advance, the Company shall have the burden of proof in such action to demonstrate that the Expense Advance is not payable, and the Company shall reimburse Indemnity for all Expense thereof unless the court denies indemnification.