Common use of Advancement and Repayment of Expenses Clause in Contracts

Advancement and Repayment of Expenses. (a) To the extent that the Company assumes the defense of any action, claim, suit or proceeding against Director, Director agrees that [he] will reimburse Company for all reasonable expenses paid by Company in defending any such action, claim, suit or proceeding against Director in the event and only to the extent that it shall be finally judicially adjudged that Director is not entitled to be indemnified by Company for such expenses under the provisions of the Indemnification Statute, the Articles, this Agreement or otherwise. (b) To the extent that the Company does not assume the defense of any action, claim, suit or proceeding against Director , Company shall advance to Director all reasonable expenses, including all reasonable attorneys' fees, retainers, court costs, transcript costs, fees of experts, witness fees, travel expenses, duplicating costs, printing and binding costs, telephone charges, postage, delivery service fees, and all other disbursements or expenses of the types customarily incurred in connection with defending, preparing to defend or investigating any civil or criminal action, suit or proceeding, within twenty days after the receipt by Company of a statement or statements from Director requesting such advance or advances, whether prior to or after final disposition of such action, suit or proceeding. Such statement or statements shall reasonably evidence the expenses incurred by Director and shall include or be preceded or accompanied by an undertaking by or on behalf of Director to repay all of such expenses advanced if it shall be finally judicially adjudged that Director is not entitled to be indemnified against such expenses. Any advances and undertakings to repay pursuant to this paragraph shall be unsecured and interest free.

Advancement and Repayment of Expenses. (a) To the extent that the Company assumes the defense of any action, claim, suit or proceeding against DirectorOfficer, Director Officer agrees that [he] will reimburse Company for all reasonable expenses paid by Company in defending any such action, claim, suit or proceeding against Director Officer in the event and only to the extent that it shall be finally judicially adjudged that Director Officer is not entitled to be indemnified by Company for such expenses under the provisions of the Indemnification Statute, the Articles, this Agreement or otherwise. (b) To the extent that the Company does not assume the defense of any action, claim, suit or proceeding against Director Officer, Company shall advance to Director Officer all reasonable expenses, including all reasonable attorneys' fees, retainers, court costs, transcript costs, fees of experts, witness fees, travel expenses, duplicating costs, printing and binding costs, telephone charges, postage, delivery service fees, and all other disbursements or expenses of the types customarily incurred in connection with defending, preparing to defend or investigating any civil or criminal action, suit or proceeding, within twenty days after the receipt by Company of a statement or statements from Director Officer requesting such advance or advances, whether prior to or after final disposition of such action, suit or proceeding. Such statement or statements shall reasonably evidence the expenses incurred by Director Officer and shall include or be preceded or accompanied by an undertaking by or on behalf of Director Officer to repay all of such expenses advanced if it shall be finally judicially adjudged that Director Officer is not entitled to be indemnified against such expenses. Any advances and undertakings to repay pursuant to this paragraph shall be unsecured and interest free.

Advancement and Repayment of Expenses. (a) To the extent that the Company assumes the defense of any action, claim, suit or proceeding against Director, Director agrees that [he] he will reimburse Company for all reasonable expenses paid by Company in defending any such civil or criminal action, claim, suit or proceeding against Director in the event and only to the extent that it shall be finally ultimately judicially adjudged determined that Director is not entitled to be indemnified by Company for such expenses under the provisions of the Indemnification Statute, the Articles, this Agreement or otherwise. (b) To the extent that the Company does not assume the defense of any action, claim, suit or proceeding against Director Director, Company shall advance to Director all reasonable expenses, including all reasonable attorneys' fees, retainers, court costs, transcript costs, fees of experts, witness fees, travel expenses, duplicating costs, printing and binding costs, telephone charges, postage, delivery service fees, and all other disbursements or expenses of the types customarily incurred in connection with defending, preparing to defend or investigating any civil or criminal action, suit or proceeding, within twenty days after the receipt by Company of a statement or statements from Director requesting such advance or advances, whether prior to or after final disposition of such action, suit or proceeding. Such statement or statements shall reasonably evidence the expenses incurred by Director and shall include or be preceded or accompanied by an undertaking by or on behalf of Director to repay all of such expenses advanced if it shall be finally ultimately judicially adjudged determined that Director is not entitled to be indemnified against such expenses. Any advances and undertakings to repay pursuant to this paragraph shall be unsecured and interest free.

Advancement and Repayment of Expenses. (a) To the extent that the Company assumes the defense of any actionClaim, claim, suit or proceeding against Director, Director Participant agrees that [he] he will reimburse the Company for all reasonable expenses paid by Company in defending any such action, claim, suit or proceeding against Director Claim in the event event, and only to the extent that that, it shall be finally ultimately judicially adjudged determined that Director Participant is not entitled to be indemnified by the Company for such expenses under the provisions of either the Indemnification Statute, the Restated Articles, this Agreement Agreement, or otherwise. (b) To the extent that the Company does not assume the defense of any actionClaim, claim, suit or proceeding against Director , the Company shall advance to Director Participant all reasonable expenses, including all reasonable attorneys' ’ fees, retainers, court costs, transcript costs, fees of experts, witness fees, travel expenses, duplicating costs, printing and binding costs, telephone charges, postage, delivery service fees, and all other disbursements or expenses of the types customarily incurred in connection with defending, preparing to defend defend, or investigating any civil or criminal action, suit or proceeding, within twenty (20) days after the receipt by the Company of a statement or statements from Director Participant requesting such advance or advances, whether prior to or after final disposition of such action, suit or proceedingClaim. Such statement or statements shall reasonably evidence the expenses incurred by Director Participant and shall include or be preceded or accompanied by an undertaking by or on behalf of Director Participant to repay all of such expenses advanced if it shall be finally ultimately judicially adjudged determined that Director Participant is not entitled to be indemnified against such expenses. Any advances and undertakings to repay pursuant to this paragraph shall be unsecured and interest free.

Advancement and Repayment of Expenses. (a) To the extent that the Company assumes the defense of any actionClaim, claim, suit or proceeding against Director, Director Participant agrees that [he] he will reimburse the Company for all reasonable expenses paid by the Company in defending any such action, claim, suit or proceeding against Director Claim in the event and only to the extent that it shall be finally ultimately judicially adjudged determined that Director Participant is not entitled to be indemnified by the Company for such expenses under the provisions of either the Indemnification Statute, the Restated Articles, this Agreement or otherwise. (b) To the extent that the Company does not assume the defense of any actionClaim, claim, suit or proceeding against Director , the Company shall advance to Director Participant all reasonable expenses, including all reasonable attorneys' fees, retainers, court costs, transcript costs, fees of experts, witness fees, travel expenses, duplicating costs, printing and binding costs, telephone charges, postage, delivery service fees, and all other disbursements or expenses of the types customarily incurred in connection with defending, preparing to defend or investigating any civil or criminal action, suit or proceeding, within twenty days after the receipt by the Company of a statement or statements from Director Participant requesting such advance or advances, whether prior to or after final disposition of such action, suit or proceedingClaim. Such statement or statements shall reasonably evidence the expenses incurred by Director Participant and shall include or be preceded or accompanied by an undertaking by or on behalf of Director Participant to repay all of such expenses advanced if it shall be finally ultimately judicially adjudged determined that Director Participant is not entitled to be indemnified against such expenses. Any advances and undertakings to repay pursuant to this paragraph shall be unsecured and interest free.

Advancement and Repayment of Expenses. (a) To the extent that the Company assumes the defense of any action, claim, suit or proceeding against DirectorOfficer, Director Officer agrees that [he] she will reimburse Company for all reasonable expenses paid by Company in defending any such civil or criminal action, claim, suit or proceeding against Director Officer in the event and only to the extent that it shall be finally ultimately judicially adjudged determined that Director Officer is not entitled to be indemnified by Company for such expenses under the provisions of the Indemnification Statute, the Articles, this Agreement or otherwise. (b) To the extent that the Company does not assume the defense of any action, claim, suit or proceeding against Director Officer, Company shall advance to Director Officer all reasonable expenses, including all reasonable attorneys' fees, retainers, court costs, transcript costs, fees of experts, witness fees, travel expenses, duplicating costs, printing and binding costs, telephone charges, postage, delivery service fees, and all other disbursements or expenses of the types customarily incurred in connection with defending, preparing to defend or investigating any civil or criminal action, suit or proceeding, within twenty days after the receipt by Company of a statement or statements from Director Officer requesting such advance or advances, whether prior to or after final disposition of such action, suit or proceeding. Such statement or statements shall reasonably evidence the expenses incurred by Director Officer and shall include or be preceded or accompanied by an undertaking by or on behalf of Director Officer to repay all of such expenses advanced if it shall be finally ultimately judicially adjudged determined that Director Officer is not entitled to be indemnified against such expenses. Any advances and undertakings to repay pursuant to this paragraph shall be unsecured and interest free.

Advancement and Repayment of Expenses. (a) To the extent that the Company assumes the defense of any actionClaim, claim, suit or proceeding against Director, Director Participant agrees that [he] he will reimburse Company for all reasonable expenses paid by Company in defending any such action, claim, suit or proceeding against Director Claim in the event and only to the extent that it shall be finally ultimately judicially adjudged determined that Director Participant is not entitled to be indemnified by Company for such expenses under the provisions of either the Indemnification Statute, the Restated Articles, this Agreement or otherwise. (b) To the extent that the Company does not assume the defense of any action, claim, suit or proceeding against Director Claim, Company shall advance to Director Participant all reasonable expenses, including all reasonable attorneys' fees, retainers, court costs, transcript costs, fees of experts, witness fees, travel expenses, duplicating costs, printing and binding costs, telephone charges, postage, delivery service fees, and all other disbursements or expenses of the types customarily incurred in connection with defending, preparing to defend or investigating any civil or criminal action, suit or proceeding, within twenty days after the receipt by Company of a statement or statements from Director Participant requesting such advance or advances, whether prior to or after final disposition of such action, suit or proceedingClaim. Such statement or statements shall reasonably evidence the expenses incurred by Director Participant and shall include or be preceded or accompanied by an undertaking by or on behalf of Director Participant to repay all of such expenses advanced if it shall be finally ultimately judicially adjudged determined that Director Participant is not entitled to be indemnified against such expenses. Any advances and undertakings to repay pursuant to this paragraph shall be unsecured and interest free.

Advancement and Repayment of Expenses. (a) To the extent that the Company assumes the defense of any actionClaim, claim, suit or proceeding against Director, Director Participant agrees that [he] he will reimburse the Company for all reasonable expenses paid by Company in defending any such action, claim, suit or proceeding against Director Claim in the event and only to the extent that it shall be finally ultimately judicially adjudged determined that Director Participant is not entitled to be indemnified by the Company for such expenses under the provisions of either the Indemnification Statute, the Restated Articles, this Agreement or otherwise. (b) To the extent that the Company does not assume the defense of any actionClaim, claim, suit or proceeding against Director , the Company shall advance to Director Participant all reasonable expenses, including all reasonable attorneys' fees, retainers, court costs, transcript costs, fees of experts, witness fees, travel expenses, duplicating costs, printing and binding costs, telephone charges, postage, delivery service fees, and all other disbursements or expenses of the types customarily incurred in connection with defending, preparing to defend or investigating any civil or criminal action, suit or proceeding, within twenty days after the receipt by the Company of a statement or statements from Director Participant requesting such advance or advances, whether prior to or after final disposition of such action, suit or proceedingClaim. Such statement or statements shall reasonably evidence the expenses incurred by Director Participant and shall include or be preceded or accompanied by an undertaking by or on behalf of Director Participant to repay all of such expenses advanced if it shall be finally ultimately judicially adjudged determined that Director Participant is not entitled to be indemnified against such expenses. Any advances and undertakings to repay pursuant to this paragraph shall be unsecured and interest free.

Advancement and Repayment of Expenses. (a) To the extent that the Company assumes the defense of any actionClaim, claim, suit or proceeding against Director, Director Participant agrees that [he] he or she will reimburse the Company for all reasonable expenses paid by the Company in defending any such action, claim, suit or proceeding against Director Claim in the event event, and only to the extent that that, it shall be finally ultimately judicially adjudged determined that Director Participant is not entitled to be indemnified by the Company for such expenses under the provisions of either the Indemnification Statute, the Articles, this Agreement or otherwise. (b) To the extent that the Company does not assume the defense of any actionClaim, claimand except to the extent the Company is required to recover Participant’s remuneration pursuant to Company policy or by law, suit or proceeding against Director , the Company shall advance to Director Participant all reasonable expenses, including all reasonable attorneys' ’ fees, retainers, court costs, transcript costs, fees of experts, witness fees, travel expenses, duplicating costs, printing and binding costs, telephone charges, postage, delivery service fees, fees and all other disbursements or expenses of the types customarily incurred in connection with defending, preparing to defend or investigating any civil or criminal action, suit or proceeding, within twenty (20) days after the receipt by the Company of a statement or statements from Director Participant requesting such advance or advances, whether prior to or after final disposition of such action, suit or proceedingClaim. Such statement or statements shall reasonably evidence the expenses incurred by Director Participant and shall include or be preceded or accompanied by an undertaking by or on behalf of Director Participant to repay all of such expenses advanced if it shall be finally ultimately judicially adjudged determined that Director Participant is not entitled to be indemnified against such expenses. Any advances and undertakings to repay pursuant to this paragraph shall be unsecured and interest free.

Advancement and Repayment of Expenses. (a) To the extent that the Company assumes the defense of any action, claim, suit or proceeding against DirectorOfficer, Director Officer agrees that [he] he will reimburse Company for all reasonable expenses paid by Company in defending any such civil or criminal action, claim, suit or proceeding against Director Officer in the event and only to the extent that it shall be finally ultimately judicially adjudged determined that Director Officer is not entitled to be indemnified by Company for such expenses under the provisions of the Indemnification Statute, the Articles, this Agreement or otherwise. (b) To the extent that the Company does not assume the defense of any action, claim, suit or proceeding against Director Officer, Company shall advance to Director Officer all reasonable expenses, including all reasonable attorneys' fees, retainers, court costs, transcript costs, fees of experts, witness fees, travel expenses, duplicating costs, printing and binding costs, telephone charges, postage, delivery service fees, and all other disbursements or expenses of the types customarily incurred in connection with defending, preparing to defend or investigating any civil or criminal action, suit or proceeding, within twenty days after the receipt by Company of a statement or statements from Director Officer requesting such advance or advances, whether prior to or after final disposition of such action, suit or proceeding. Such statement or statements shall reasonably evidence the expenses incurred by Director Officer and shall include or be preceded or accompanied by an undertaking by or on behalf of Director Officer to repay all of such expenses advanced if it shall be finally ultimately judicially adjudged determined that Director Officer is not entitled to be indemnified against such expenses. Any advances and undertakings to repay pursuant to this paragraph shall be unsecured and interest free.