Common use of Advance Payments Clause in Contracts

Advance Payments. Except as limited by law, Losses incurred by an Indemnified Party in defending any action, suit or proceeding, including a proceeding by or in the right of the Company, shall be paid by the Company to such Indemnified Party in advance of final disposition of the proceeding upon receipt of its written undertaking to repay such amount if such Indemnified Party is determined pursuant to this Article VII 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 such Indemnified Party to make repayment; provided, however, that no such advance payment of issues shall be made if it is determined pursuant to Section 7.2 of this Article on the basis of the circumstances known at the time (without further investigation) that such Indemnified Party is ineligible for indemnification.

Advance Payments. Except as limited by law, Losses incurred by an Indemnified Party in defending any action, suit or proceeding, including a proceeding by or in the right of the Company, shall be paid by the Company to such Indemnified Party in advance of final disposition of the proceeding upon receipt of its written undertaking to repay such amount if such Indemnified Party is determined pursuant to this Article VII 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 such Indemnified Party to make repayment; provided, however, that no such advance payment of issues shall be made if it is determined pursuant to Section 7.2 7.02 of this Article on the basis of the circumstances known at the time (without further investigation) that such Indemnified Party is ineligible for indemnification.

Advance Payments. Except as limited by law, Losses expenses incurred by an Indemnified Party in defending any action, suit or proceeding, including a proceeding by or in the right of the Company, shall be paid by the Company to such the Indemnified Party in advance of final disposition of the proceeding upon receipt of its written undertaking to repay such amount if such the Indemnified Party is determined pursuant to this Article VII 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 such the Indemnified Party to make repayment; provided, however, that no such advance payment of issues expenses shall be made if it is determined pursuant to Section 7.2 12.3 of this Article on the basis of the circumstances known at the time (without further investigation) that such the Indemnified Party is ineligible for indemnification.