Common use of Advances for Expenses Clause in Contracts

Advances for Expenses. Expenses (including attorneys' fees) --------------------- incurred in defending a civil or criminal action, suit or proceeding shall be paid by the Company in advance of the final disposition of such action, suit or proceeding upon receipt of an undertaking by or on behalf of Employee to repay such amount if it shall be ultimately determined that he is not entitled to be indemnified by the Company as authorized herein or otherwise.

Appears in 4 contracts

Samples: Employment Agreement (Alliance Imaging Inc /De/), Employment Agreement (SMT Health Services Inc), Employment Agreement (Three Rivers Acquisition Corp)

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Advances for Expenses. Expenses (including attorneys' fees) --------------------- incurred in defending a civil civil, criminal, administrative or criminal investigative action, suit or proceeding shall may be paid by the Company in advance of the final disposition of such action, suit or proceeding upon receipt of an undertaking by or on behalf of Employee the Covered Person to repay such amount if it shall be ultimately determined that he is not entitled to be indemnified by the Company as authorized herein or otherwisein this Section 6.5.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Columbia Equity Trust, Inc.), Limited Liability Company Agreement (Columbia Equity Trust, Inc.)

Advances for Expenses. Expenses (including attorneys' fees) --------------------- incurred in defending a civil civil, criminal, administrative or criminal investigative action, suit or proceeding shall be paid by the Company Corporation, to the extent permitted by law, in advance of the final disposition of such action, suit or proceeding upon receipt of an undertaking by or on behalf of Employee the director or officer to repay such amount if it shall be ultimately determined that he is not entitled to be indemnified by the Company Corporation as authorized herein or otherwisein this Article VI.

Appears in 1 contract

Samples: Merger Agreement (Zila Inc)

Advances for Expenses. Expenses (including attorneys' fees) --------------------- incurred by or in defending a civil or criminal respect of any such person in connection with any such action, suit or proceeding shall proceeding, whether civil, criminal, administrative, arbitrative or investigative, may be paid by the Company in advance of the final disposition of such action, suit or proceeding thereof upon receipt of an undertaking by by, or on behalf of Employee of, such person to repay such amount if amount, unless it shall ultimately be ultimately determined that he is not entitled to be indemnified by the Company as authorized herein or otherwiseCompany, in which case reimbursement shall not be required.

Appears in 1 contract

Samples: Operating Agreement (Bear Island Finance Co Ii)

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Advances for Expenses. Expenses (including attorneys' fees) --------------------- incurred in defending a civil civil, criminal, administrative or criminal investigative action, suit or proceeding shall may be paid by the Company in advance of the final disposition of such action, suit or proceeding upon receipt of an undertaking by or on behalf of Employee the Covered Person to repay such amount if it shall be ultimately determined that he is not entitled to be indemnified by the Company as authorized herein or otherwisein this Section 6.12.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Columbia Equity Trust, Inc.)

Advances for Expenses. Expenses (including attorneys' fees) --------------------- ---------------------- incurred in defending a civil or criminal action, suit or proceeding shall be paid by the Company in advance of the final disposition of such action, suit or proceeding upon receipt of an undertaking by or on behalf of Employee to repay such amount if it shall be ultimately determined that he is not entitled to be indemnified by the Company as authorized herein or otherwise.

Appears in 1 contract

Samples: Employment Agreement (SMT Health Services Inc)

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