Common use of Advancement of Costs and Expenses Clause in Contracts

Advancement of Costs and Expenses. The Company agrees to advance all costs and expenses referred to in SUBSECTION 10.1; PROVIDED, HOWEVER, that the Executive agrees to repay to the Company all amounts so advanced in the event that the Company reasonably determines in good faith that any acts or omissions by the Executive were: (a) in knowing violation of any agreement between the Executive and the Company; (b) in bad faith or involving intentional misconduct or a knowing violation of law or that the Executive personally gained a financial profit or other advantage to which he was not legally entitled; or (c) for which a court, having jurisdiction in the matter, determines that indemnification is not lawful.

Advancement of Costs and Expenses. The Company agrees to advance all costs and expenses referred to in SUBSECTION 10.1; PROVIDEDprovided, HOWEVERhowever, that the Executive agrees to repay to the Company all amounts so advanced in the event that the Company reasonably determines in good faith that any acts or omissions by the Executive were: (a) in knowing violation of any agreement between the Executive and the Company; (b) in bad faith or involving intentional misconduct or a knowing violation of law or that the Executive personally gained a financial profit or other advantage to which he was not legally entitled; or (c) for which a court, having jurisdiction in the matter, determines that indemnification is not lawful.

Advancement of Costs and Expenses. The Company agrees to advance all costs and expenses referred to in SUBSECTION 10.1; PROVIDED, HOWEVER, that the Executive agrees to repay to the Company all amounts so advanced in the event that the Company reasonably determines in good faith that any acts or omissions by the Executive were: (a) in knowing violation of any agreement between the Executive and the Company; (b) in bad faith or involving intentional misconduct or a knowing violation of law or that the Executive personally gained a financial profit or other advantage to which he was not legally entitled; or (c) for which a court, having jurisdiction in the matter, determines that indemnification is not lawful.

Advancement of Costs and Expenses. The Company agrees to advance all costs and expenses referred to in SUBSECTION 10.1; PROVIDED, HOWEVER, that the Executive agrees to repay to the Company all any amounts so advanced in to the event extent that the Company reasonably determines in good faith a court of competent jurisdiction finds that any acts or omissions by the Executive were: (a) in knowing violation of any agreement between the Executive and the Company; (b) in bad faith or involving intentional misconduct or a knowing violation of law or that the Executive personally gained a financial profit or other advantage to which he was not legally entitled; or (c) for which a court, having jurisdiction in the matter, determines that indemnification is not lawful.