Common use of Advance Payments Clause in Contracts

Advance Payments. Except as limited by law, expenses incurred by a Manager in defending any proceeding, including a proceeding by or in the right of the Company, shall be paid by the Company to the Manager in advance of final disposition of the proceeding upon receipt of its written undertaking to repay such amount if the Manager is determined pursuant to this Article or adjudicated to be ineligible for indemnification, which undertaking shall be an unlimited general obligation but need not be secured and may be accepted without regard to the financial ability of the Manager to make repayment; provided, however, that no such advance payment of expenses shall be made if it is determined pursuant to Section 4.3 of this Article on the basis of the circumstances known at the time (without further investigation) that the Manager is ineligible for indemnification.

Advance Payments. Except as limited by law, expenses incurred by a ----------------- Manager in defending any proceeding, including a proceeding by or in the right of the Company, shall be paid by the Company to the Manager in advance of final disposition of the proceeding upon receipt of its written undertaking to repay such amount if the Manager is determined pursuant to this Article or adjudicated to be ineligible for indemnification, which undertaking shall be an unlimited general obligation but need not be secured and may be accepted without regard to the financial ability of the Manager to make repayment; provided, -------- however, that no such advance payment of expenses shall be made if it is --- determined pursuant to Section 4.3 of this Article on the basis of the --- circumstances known at the time (without further investigation) that the Manager --- is ineligible for indemnification.

Advance Payments. Except as limited by law, expenses incurred by a ---------------- Manager in defending any proceeding, including a proceeding by or in the right of the Company, shall be paid by the Company to the Manager in advance of final disposition of the proceeding upon receipt of its written undertaking to repay such amount if the Manager is determined pursuant to this Article or adjudicated to be ineligible for indemnification, which undertaking shall be an unlimited general obligation but need not be secured and may be accepted without regard to the financial ability of the Manager to make repayment; provided, however, that no such advance payment of expenses shall be made if it is determined pursuant to Section 4.3 of this Article on the basis of the circumstances known at the time (without further investigation) that the Manager is ineligible for indemnification.

Advance Payments. Except as limited by law, expenses incurred by a ----------------- Manager in defending any proceeding, including a proceeding by or in the right of the Company, shall be paid by the Company to the Manager in advance of final disposition of the proceeding upon receipt of its written undertaking to repay such amount if the Manager is determined pursuant to this Article or adjudicated to be ineligible for indemnification, which undertaking shall be an unlimited general obligation but need not be secured and may be accepted without regard to the financial ability of the Manager to make repayment; provided, however, that -------- ------- no such advance payment of expenses shall be made if it is determined pursuant to Section 4.3 of this Article on the basis of the circumstances known at the time (without further investigation) that the Manager is ineligible for indemnification.

Advance Payments. Except as limited by law, expenses incurred by a Manager in defending any proceeding, including include a proceeding by or in the right of the Company, shall be paid by the Company to the Manager in advance of final disposition of the proceeding upon receipt of its written undertaking to repay such amount if the Manager is determined pursuant to this Article or adjudicated to be ineligible for indemnification, which undertaking shall be an unlimited general obligation but need not be secured and may be accepted without regard to the financial ability of the Manager to make repayment; provided, however, that no such advance payment of expenses shall be made if it is determined pursuant to Section 4.3 12.2 of this Article on the basis of the circumstances known at the time (without further investigation) that the Manager is ineligible for indemnification.

Advance Payments. Except as limited by law, expenses incurred by a Manager Member in defending any proceeding, including a proceeding by or in the right of the CompanyLLC, shall be paid by the Company LLC to the Manager Member in advance of final disposition of the proceeding upon receipt of its written undertaking to repay such amount if the Manager Member is determined pursuant to this Article or adjudicated to be ineligible for indemnification, which undertaking shall be an unlimited general obligation but need not be secured and may be accepted without regard to the financial ability of the Manager Member to make repayment; provided, however, that no such advance payment of expenses shall be made if it is determined pursuant to Section 4.3 3.02 of this Article on the basis of the circumstances known at the time (without further investigation) that the Manager Member is ineligible for indemnification.:

Advance Payments. Except as limited by law, expenses incurred by a the Manager in defending any proceeding, including a proceeding by or in the right of the CompanyLLC, shall be paid by the Company LLC to the Manager in advance of final disposition of the proceeding proceedings upon receipt of its written undertaking to repay such amount if of the Manager is determined pursuant to this Article or adjudicated to be ineligible for indemnification, which undertaking shall be an unlimited general obligation but need not be secured and may be accepted without regard to the financial ability of the Manager to make repayment; provided, however, that no such advance payment of expenses shall be made if it is determined pursuant to Section 4.3 4.02 of this Article on the basis of the circumstances known at the time (without further investigation) that the Manager is ineligible for indemnification.