Common use of Advance Payment Clause in Contracts

Advance Payment. Reasonable expenses incurred by a Person of the type entitled to be indemnified under Section 17(b) who was, is or is threatened to be made a named defendant or respondent in a Proceeding shall be paid by the Company in advance of the final disposition of the Proceeding, unless otherwise determined by the Board in the specific case, upon receipt of an undertaking by or on behalf of such Indemnitee to repay such amount if it shall ultimately be determined that he or she is not entitled to be indemnified by the Company.

Advance Payment. Reasonable expenses incurred by a Person of the type entitled to be indemnified under Section 17(b) 7.2 who was, is or is threatened to be made a named defendant or respondent in a Proceeding shall be paid by the Company LLC in advance of the final disposition of the Proceeding, unless otherwise determined by the Board in the specific case, Proceeding upon receipt of an undertaking by or on behalf of such Indemnitee Person to repay such amount if it shall ultimately be determined by a court of competent jurisdiction in a final and non-appealable judgment that he or she is not entitled to be indemnified by the CompanyLLC.

Advance Payment. Reasonable expenses incurred by a Person of the type entitled to be indemnified under Section 17(b) 7.2 who was, is or is threatened to be made a named defendant or respondent in a Proceeding shall be paid by the Company in advance of the final disposition of the Proceeding, unless otherwise determined by the Board in the specific case, Proceeding upon receipt of an undertaking by or on behalf of such Indemnitee Person to repay such amount if it shall ultimately be determined that he or she is not entitled to be indemnified by the Company.

Advance Payment. Reasonable expenses incurred by a Person of the type entitled to be indemnified under Section 17(b) 6.2 who was, is or is threatened to be made a named defendant or respondent in a Proceeding shall be paid by the Company in advance of the final disposition of the Proceeding, unless otherwise determined by the Board in the specific caseas incurred, upon receipt of an undertaking by or on behalf of such Indemnitee to repay such amount if it shall ultimately be determined that he or she is not entitled to be indemnified by the Company.

Advance Payment. Reasonable expenses incurred by a an Indemnified Person of the type entitled to be indemnified under Section 17(b) who was, is or is threatened to be made a named defendant or respondent in a Proceeding shall be paid by the Company LLC in advance of the final disposition of the Proceeding, unless otherwise determined by the Board in the specific case, upon receipt of an undertaking by or on behalf of such Indemnitee Indemnified Person to repay such amount if it shall ultimately be determined that he or she is not entitled to be indemnified by the CompanyLLC.

Advance Payment. Reasonable expenses incurred by a Person of the type entitled to be indemnified under Section 17(b) 7.2 who was, is or is threatened to be made a named defendant or respondent in a Proceeding shall be paid by the Company LLC in advance of the final disposition of the Proceeding, unless otherwise determined by the Board in the specific case, Proceeding upon receipt of an undertaking by or on behalf of such Indemnitee Person to repay promptly such amount if it shall ultimately be determined that he or she is not entitled to be indemnified by the CompanyLLC.

Advance Payment. Reasonable expenses incurred by a Person of the type entitled to be indemnified under Section 17(b) 7.2 who was, is or is threatened to be made a named defendant or respondent in a Proceeding shall be paid by the Company LLC in advance of the final disposition of the Proceeding, Proceeding unless otherwise determined by the Board in the specific case, case upon receipt of an undertaking by or on behalf of such Indemnitee Person to repay such amount if it shall ultimately be determined that he or she is not entitled to be indemnified by the CompanyLLC.

Advance Payment. Reasonable To the fullest extent permitted by applicable Law, reasonable expenses incurred by a Person of the type entitled to be indemnified under Section 17(b) 7.2 who was, is or is threatened to be made a named defendant or respondent in a Proceeding (other than a Proceeding brought by the Company against such Person) shall be paid by the Company in advance of the final disposition of the Proceeding, unless otherwise determined by the Board in the specific case, Proceeding upon receipt of an undertaking by or on behalf of such Indemnitee Person to repay such amount if it shall ultimately be determined that he or she such Person is not entitled to be indemnified by the Company.

Advance Payment. Reasonable expenses incurred by a Person of the type entitled to be indemnified under Section 17(b) 7.2 who was, is or is threatened to be made a named defendant or respondent in a Proceeding shall be paid by the Company LLC in advance of the final disposition of the Proceeding, Proceeding unless otherwise determined by the Board in the specific case, case upon receipt of an undertaking by or on behalf of such Indemnitee Person to repay such amount if it shall ultimately be determined that he or she is not entitled to be indemnified by the CompanyLLC.

Advance Payment. Reasonable expenses incurred by a Person of the type entitled to be indemnified under Section 17(b14(b) who was, is or is threatened to be made a named defendant or respondent in a Proceeding shall be paid by the Company in advance of the final disposition of the Proceeding, Proceeding unless otherwise determined by the Board Members in the specific case, case upon receipt of an undertaking by or on behalf of such Indemnitee Person to repay such amount if it shall ultimately be determined that he or she is not entitled to be indemnified by the Company.

Advance Payment. Reasonable expenses incurred by a Person of the type entitled to be indemnified under Section 17(b) 7.3 who was, is or is threatened to be made a named defendant or respondent in a Proceeding shall be paid by the Company in advance of the final disposition of the Proceeding, Proceeding unless otherwise determined by the Board in the specific case, upon receipt of an undertaking by or on behalf of such Indemnitee Person to repay such amount if it shall ultimately be determined that he or she is not entitled to be indemnified by the Company.

Advance Payment. Reasonable expenses incurred by a Person of the type entitled to be indemnified under this Section 17(b) who was, is or is threatened to be made a named defendant or respondent in a Proceeding shall be paid by the Company in advance of the final disposition of the Proceeding, Proceeding (unless otherwise determined by the Board in the specific case, ) upon receipt of an undertaking by or on behalf of such Indemnitee Person to repay such amount if it shall ultimately be determined that he or she is not entitled to be indemnified by the Company.

Advance Payment. Reasonable expenses incurred by a an Indemnified Person of the type entitled to be indemnified under Section 17(b) 6.2 who was, is or is threatened to be made a named defendant or respondent in in, or otherwise involved in, a Proceeding shall be paid by the Company, to the extent the Company has, or can readily obtain cash, in advance of the final disposition of the Proceeding, unless otherwise determined by the Board in the specific case, Proceeding upon receipt of an undertaking by or on behalf of such Indemnitee Person to repay such amount if it shall ultimately be determined that he or she is not entitled to be indemnified by the Company.

Advance Payment. Reasonable Unless otherwise determined by the Board in cases involving matters or allegations that if confirmed by a final judgment, order or decree of an arbitrator or a court of competent jurisdiction would constitute Non-Indemnifiable Matters, the reasonable expenses incurred by a Person of the type entitled to be indemnified under Section 17(b) 6.2 who was, is or is threatened to be made a named defendant or respondent in a Proceeding shall be paid by the Company in advance of the final disposition of the Proceeding, unless otherwise determined by the Board in the specific case, Proceeding upon receipt of an undertaking by or on behalf of such Indemnitee Indemnified Person to repay such amount if it shall ultimately be determined that he or she is not entitled to be indemnified by the Company.

Advance Payment. Reasonable expenses incurred by a Person of the type entitled to be indemnified under Section 17(b6.9(b) who was, is or is threatened to be made a named defendant or respondent in a Proceeding shall be paid by the Company in advance of the final disposition of the Proceeding, unless otherwise determined by the Board in the specific case, Proceeding upon receipt of (i) a written certificate affirming such Person’s good faith belief that the Person has not breached or failed to perform the Person’s duties to the Company and that the Person has met the standard for indemnification set forth in Section 6.9(b) and (ii) an undertaking by or on behalf of such Indemnitee Person to repay such amount if it shall ultimately be determined that he or she is not entitled to be indemnified by the Company.

Advance Payment. Reasonable expenses incurred by a Person of the type entitled to be indemnified under Section 17(b) 6.2 who was, is or is threatened to be made a named defendant or respondent in a Proceeding shall be paid by the Company in advance of the final disposition of the Proceeding, unless otherwise determined by the Board in the specific case, Proceeding upon receipt of an undertaking by or on behalf of such Indemnitee Person to repay such amount if it shall ultimately be determined by a court of competent jurisdiction in a final and non-appealable judgment that he or she is not entitled to be indemnified by the Company.