Common use of Advancement of Expense Clause in Contracts

Advancement of Expense. To the fullest extent permitted by applicable Law, the Company shall, and shall cause each member of the Group to, pay the expenses (including reasonable and documented legal fees and expenses and costs of investigation) incurred by a Covered Person in defending any claim, demand, action, suit or Proceeding contemplated in Section 6.04 (other than Section 6.04(c)) as such expenses are incurred by such Covered Person and in advance of the final disposition of such matter, provided that such Covered Person undertakes to repay such expenses if it is determined by agreement between such Covered Person and the Company or, in the absence of such an agreement, by a final judgment of a court of competent jurisdiction that such Covered Person is not entitled to be indemnified pursuant to Section 6.04.

Advancement of Expense. To the fullest extent permitted by applicable Law, the Company shall, and shall cause each member of the Group to, pay the expenses (including reasonable and documented legal fees and expenses and costs of investigation) incurred by a Covered Person in defending any claim, demand, action, suit or Proceeding contemplated in Section 6.04 (other than Section 6.04(c)) as such expenses are incurred by such Covered Person and in advance of the final disposition of such matter, provided that such Covered Person undertakes to repay such expenses if it is Table of Contents determined by agreement between such Covered Person and the Company or, in the absence of such an agreement, by a final judgment of a court of competent jurisdiction that such Covered Person is not entitled to be indemnified pursuant to Section 6.04.