Advancement of Funds. The Corporation shall be permitted to advance funds to the Indemnified Party for legal expenses and other costs incurred as a result of any legal action for which indemnification is being sought and will do so if: (i) the proceeding relates to acts or omissions with respect to the performance of duties or services on behalf of the Corporation; (ii) the Indemnified Party provides the Corporation with written affirmation of his or her good faith belief that the standard of conduct necessary for indemnification by the Corporation has been met; (iii) the legal proceeding was initiated by a third party who is not a stockholder or, if by a stockholder of the Corporation acting in his or her capacity as such, a court of competent jurisdiction approves such advancement; and (iv) the Indemnified Party provides the Corporation with a written agreement to repay the amount paid or reimbursed by the Corporation, together with the applicable legal rate of interest thereon, in cases in which such Indemnified Party is found not to be entitled to indemnification.
Appears in 19 contracts
Samples: Investment Advisory and Administrative Services Agreement (First Capital Investment Corp), Investment Advisory and Administrative Services Agreement (First Capital Investment Corp), Investment Advisory and Administrative Services Agreement (FS Investment Corp III)
Advancement of Funds. The Corporation Company shall be permitted to advance funds to the Indemnified Party for legal expenses and other costs incurred as a result of any legal action for which indemnification is being sought and will do so if:
(i) the proceeding relates to acts or omissions with respect to the performance of duties or services on behalf of the CorporationCompany;
(ii) the Indemnified Party provides the Corporation Company with written affirmation of his or her good faith belief that the standard of conduct necessary for indemnification by the Corporation Company has been met;
(iii) the legal proceeding was initiated by a third party who is not a stockholder or, if by a stockholder of the Corporation Company acting in his or her capacity as such, a court of competent jurisdiction approves such advancement; and
(iv) the Indemnified Party provides the Corporation Company with a written agreement to repay the amount paid or reimbursed by the CorporationCompany, together with the applicable legal rate of interest thereon, in cases in which such Indemnified Party is found not to be entitled to indemnification.
Appears in 10 contracts
Samples: Investment Advisory and Administrative Services Agreement (Terra Income Fund 6, Inc.), Investment Advisory Agreement (FS Investment Corp II), Investment Advisory and Administrative Services Agreement (Terra Income Fund 6, Inc.)
Advancement of Funds. The Corporation Company shall be permitted to advance funds to the Indemnified Party for legal expenses and other costs incurred as a result of any legal action for which indemnification is being sought and will do so ifonly if all of the following conditions are met:
(i) the proceeding The legal action relates to acts or omissions with respect to the performance of duties or services on behalf of the CorporationCompany;
(ii) the The Indemnified Party provides the Corporation Company with written affirmation of his or her good faith belief that the standard of conduct necessary for indemnification by the Corporation Company has been met;
(iii) the The legal proceeding was action is initiated by a third party who is not a stockholder orCompany stockholder, if or the legal action is initiated by a Company stockholder of the Corporation acting in his or her capacity as such, and a court of competent jurisdiction specifically approves such advancement; and
(iv) the The Indemnified Party provides the Corporation with undertakes, in a written agreement agreement, to repay the amount paid or reimbursed by advanced funds to the CorporationCompany, together with the applicable legal rate of interest thereon, in cases in which such the Indemnified Party is not found not to be entitled to indemnification.
Appears in 6 contracts
Samples: Investment Advisory and Administrative Services Agreement (HMS Income Fund, Inc.), Investment Advisory and Administrative Services Agreement (Main Street Capital CORP), Investment Advisory and Administrative Services Agreement (HMS Income Fund, Inc.)
Advancement of Funds. The Corporation Company shall be permitted to advance funds to the Indemnified Party for legal expenses and other costs incurred as a result of any legal action for which indemnification is being sought and will do so if:
(i) the proceeding relates to acts or omissions with respect to the performance of duties or services on behalf of the CorporationCompany;
(ii) the Indemnified Party provides the Corporation Company with written affirmation of his or her good faith belief that the standard of conduct necessary for indemnification by the Corporation Company has been met;
(iii) the legal proceeding was initiated by a third party who is not a stockholder shareholder or, if by a stockholder shareholder of the Corporation Company acting in his or her capacity as such, a court of competent jurisdiction approves such advancement; and
(iv) the Indemnified Party provides the Corporation Company with a written agreement to repay the amount paid or reimbursed by the CorporationCompany, together with the applicable legal rate of interest thereon, in cases in which such Indemnified Party is found not to be entitled to indemnification.
Appears in 3 contracts
Samples: Investment Advisory and Administrative Services Agreement (FS Energy & Power Fund II), Investment Advisory and Administrative Services Agreement (FS Energy & Power Fund II), Investment Advisory and Administrative Services Agreement (FS Energy & Power Fund II)
Advancement of Funds. The Corporation Fund shall be permitted to advance funds to the Indemnified Party for legal expenses and other costs incurred as a result of any legal action for which indemnification is being sought and will do so if:
(i) the proceeding relates to acts or omissions with respect to the performance of duties or services on behalf of the CorporationFund;
(ii) the Indemnified Party provides the Corporation Fund with written affirmation of his or her good faith belief that the standard of conduct necessary for indemnification by the Corporation Fund has been met;
(iii) the legal proceeding was initiated by a third party who is not a stockholder shareholder or, if by a stockholder shareholder of the Corporation Fund acting in his or her capacity as such, a court of competent jurisdiction approves such advancement; and
(iv) the Indemnified Party provides the Corporation Fund with a written agreement to repay the amount paid or reimbursed by the CorporationFund, together with the applicable legal rate of interest thereon, in cases in which such Indemnified Party is found not to be entitled to indemnification.
Appears in 2 contracts
Samples: Investment Advisory and Administrative Services Agreement (FS Energy & Power Fund), Investment Advisory and Administrative Services Agreement (FS Energy & Power Fund)
Advancement of Funds. The Corporation Fund shall be permitted to advance funds to the Indemnified Party for legal expenses and other costs incurred as a result of any legal action for which indemnification is being sought and will do so if:
(i) the proceeding relates to acts or omissions with respect to the performance of duties or services on behalf of the CorporationFund;
(ii) the Indemnified Party provides the Corporation Fund with written affirmation of his or her good faith belief that the standard of conduct necessary for indemnification by the Corporation Fund has been met;
(iii) the legal proceeding was initiated by a third party who is not a stockholder shareholder of the Fund or, if by a stockholder shareholder of the Corporation Fund acting in his or her capacity as such, a court of competent jurisdiction approves such advancement; and
(iv) the Indemnified Party provides the Corporation Fund with a written agreement to repay the amount paid or reimbursed by the CorporationFund, together with the applicable legal rate of interest thereon, in cases in which such Indemnified Party is found not to be entitled to indemnification.
Appears in 1 contract
Samples: Investment Advisory and Administrative Services Agreement (FS Energy & Power Fund)
