Advance Payment of Expenses. The expenses of the Member incurred in defending a civil or criminal action, suit or proceeding shall be paid by the Company as they are incurred and in advance of the final disposition of the action, suit or proceeding, upon receipt of an undertaking by or on behalf of the Member to repay the amount if it is ultimately determined by a court of competent jurisdiction that the Member is not entitled to be indemnified by the Company. The provisions of this section do not affect any rights to advancement of expenses to which personnel of the Company other than the Member may be entitled under any contract or otherwise by law.
Appears in 19 contracts
Samples: Operating Agreement (Wynn Las Vegas Capital Corp), Operating Agreement (Pinnacle Entertainment Inc), Operating Agreement (Wynn Las Vegas LLC)
Advance Payment of Expenses. The expenses of the Member and any Manager incurred in defending a civil or criminal action, suit or proceeding shall be paid by the Company as they are incurred and in advance of the final disposition of the action, suit or proceeding, upon receipt of an undertaking by or on behalf of the Member or such Manager to repay the amount if it is ultimately determined by a court of competent jurisdiction that the Member or such Manager is not entitled to be indemnified by the Company. The provisions of this section Section 9.3 do not affect any rights to advancement of expenses to which personnel of the Company other than the Member or any Manager may be entitled under any contract or otherwise by law.
Appears in 8 contracts
Samples: Operating Agreement (Affinity Gaming), Operating Agreement (Affinity Gaming), Operating Agreement (Affinity Gaming)
Advance Payment of Expenses. The expenses of the Member incurred in defending a civil or criminal action, suit or proceeding shall be paid by the Company as they are incurred and in advance of the final disposition of the action, suit or proceeding, upon receipt of an undertaking by or on behalf of the Member to repay the amount if it is ultimately determined by a court of competent jurisdiction that the Member is not entitled to be indemnified by the Company. The provisions of this section subsection do not affect any rights to advancement of expenses to which personnel of the Company other than the Member may be entitled under any contract or otherwise by law.
Appears in 7 contracts
Samples: Operating Agreement (Harrah's Atlantic City Operating Company, LLC), Operating Agreement (New Gaming Capital Partnership), Operating Agreement (New Gaming Capital Partnership)
Advance Payment of Expenses. The expenses of the Member Members and Managers incurred in defending a civil or criminal action, suit or proceeding shall be paid by the this Company as they are incurred and in advance of the final disposition of the action, suit or proceeding, upon receipt of an undertaking by or on behalf of the Member or Manager to repay the amount if it is ultimately determined by a court of competent jurisdiction that the Member he is not entitled to be indemnified by the this Company. The provisions of this section subsection do not affect any rights to advancement of expenses to which personnel of the Company other than the Member Members or Managers may be entitled under any contract or otherwise by law.
Appears in 4 contracts
Samples: Operating Agreement (Amscan Holdings Inc), Master Agreement (Paul Son Gaming Corp), Limited Liability Company Agreement (Showboat Inc)
Advance Payment of Expenses. The expenses of the Member incurred in defending a civil or criminal action, suit or proceeding shall be paid by the Company as they are incurred and in advance of the final disposition of the action, suit or proceeding, upon receipt of an undertaking by or on behalf of the Member to repay the amount if it is ultimately determined by a court of competent jurisdiction that the Member is not entitled to be indemnified by the Company. The provisions of this section Section 8.4 do not affect any rights to advancement of expenses to which personnel of the Company other than the Member may be entitled under any contract or otherwise by law.
Appears in 3 contracts
Samples: Operating Agreement (Williams Electronic Games, Inc.), Operating Agreement (Williams Electronic Games, Inc.), Operating Agreement (Williams Electronic Games, Inc.)
Advance Payment of Expenses. The expenses of the Member and each Manager incurred in defending a civil or criminal action, suit or proceeding shall may be paid by the Company as they are incurred and in advance of the final disposition of the action, suit or proceeding, upon receipt of an undertaking by or on behalf of the Member or such Manager to repay the amount if it is ultimately determined by a court of competent jurisdiction that the Member or such Manager is not entitled to be indemnified by the Company. The provisions of this section subsection do not affect any rights to advancement of expenses to which personnel of the Company other than the Member or the Managers may be entitled under any contract or otherwise by law.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (NCA Resources Development Co LLC), Limited Liability Company Agreement (Pse&g Transition Funding LLC)
Advance Payment of Expenses. The expenses of the any Member or manager incurred in defending a civil or criminal action, suit or proceeding shall be paid by the Company as they are incurred and in advance of the final disposition of the action, suit or proceeding, upon receipt of an undertaking by or on behalf of the Member or the manager to repay the amount if it is ultimately determined by a court of competent jurisdiction that the Member or the manager is not entitled to be indemnified by the Company. The provisions of this section subsection do not affect any rights to advancement of expenses to which personnel of the Company other than the Member Members or the managers may be entitled under any contract or otherwise by law.
Appears in 1 contract
Advance Payment of Expenses. The expenses of the any Member or Managers incurred in defending a civil or criminal action, suit or proceeding shall be paid by the Company as they are incurred and in advance of the final disposition of the action, suit or proceeding, proceeding upon receipt of an undertaking by or on behalf of the Member or the Managers to repay the amount if it is ultimately determined by a court of competent jurisdiction that the Member or a Manager is not entitled to be indemnified by the Company. The provisions of this section Section 11.5 do not affect any rights to advancement of expenses to which personnel of the Company other than the Member Members or the Managers may be entitled under any contract or otherwise by law.
Appears in 1 contract
Advance Payment of Expenses. The expenses of the Member Members incurred in defending a civil or criminal action, suit or proceeding shall may be paid by the Company as they are incurred and in advance of the final disposition of the action, suit or proceeding, upon receipt of an undertaking by or on behalf of the Member to repay the amount if it is ultimately determined by a court of competent jurisdiction that the such Member is not entitled to be indemnified by the Company. The provisions of this section subsection do not affect any rights to advancement of expenses to which personnel of the Company other than the Member Members may be entitled under any contract or otherwise by law.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Translink Management Development Corp)
Advance Payment of Expenses. The expenses of the Member incurred in defending a civil or criminal action, suit or proceeding shall be paid by the Company as they are incurred and in advance of the final disposition of the action, suit or proceeding, upon receipt of an undertaking by or on behalf of the Member to repay the amount if it is ultimately determined by a court of competent jurisdiction that the Member is not entitled to be indemnified by the Company. The provisions of this section subsection do not affect any rights to advancement of expenses to which personnel of the Company other than the Member may be entitled under any contract contact or otherwise by law.
Appears in 1 contract
Samples: Operating Agreement (New Gaming Capital Partnership)
Advance Payment of Expenses. The expenses of the Member incurred in defending a civil or criminal action, suit or proceeding shall be paid by the Company as they are incurred and in advance of the final disposition of the action, suit or proceeding, upon receipt of an undertaking by or on behalf of the Member to repay the amount if it is ultimately determined by a court of competent jurisdiction that the Member is not entitled to be indemnified by the Company. The provisions of this section Section 8.5 do not affect any rights to advancement of expenses to which personnel of the Company other than the Member may be entitled under any contract or otherwise by law.
Appears in 1 contract
Advance Payment of Expenses. The expenses of the Member Members incurred in --------------------------- defending a civil or criminal action, suit or proceeding shall may be paid by the Company as they are incurred and in advance of the final disposition of the action, suit or proceeding, upon receipt of an undertaking by or on behalf of the Member to repay the amount if it is ultimately determined by a court of competent jurisdiction that the such Member is not entitled to be indemnified by the Company. The provisions of this section subsection do not affect any rights to advancement of expenses to which personnel of the Company other than the Member Members may be entitled under any contract or otherwise by law.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Entergy Corp /De/)
Advance Payment of Expenses. The expenses of Members and the Member Manager incurred in defending a civil or criminal action, suit or proceeding shall be paid by the this Company as they are incurred and in advance of the final disposition of the action, suit or proceeding, upon receipt of an undertaking by or on behalf of the Member or Manager to repay the amount if it is ultimately determined by a court of competent jurisdiction that the Member he is not entitled to be indemnified by the this Company. The provisions of this section subsection do not affect any rights to advancement of expenses to which personnel of the Company other than the Member Members or Manager may be entitled under any contract or otherwise by law.
Appears in 1 contract
Samples: Operating Agreement (HGI - Lakeside)