Common use of Advances of Expenses Clause in Contracts

Advances of Expenses. Expenses (other than judgments, penalties, fines and settlements) incurred by Indemnitee shall be paid by the Corporation, in advance of the final disposition of the Proceeding, within 20 calendar days after receipt of Indemnitee’s written request accompanied by substantiating documentation and Indemnitee’s written affirmation that he has met the standard of conduct for indemnification and a written undertaking to repay such amount to the extent it is ultimately determined that indemnitee is not entitled to indemnification. No objections based on or involving the question whether such charges meet the definition of “Expenses,” including any question regarding the reasonableness of such Expenses, shall be grounds for failure to advance such amount to Indemnitee, or to reimburse such Indemnitee for, the amount claimed within such 20-day period, and the undertaking of Indemnitee set forth in Section 8 hereof to repay any such amount to the extent it is ultimately determined that Indemnitee is not entitled to indemnification shall be deemed to include an undertaking to repay any such amounts determined not to have met such definition.

Appears in 15 contracts

Samples: Indemnification Agreement (Concho Resources Inc), Indemnification Agreement (Sandridge Energy Inc), Indemnification Agreement (Concho Resources Inc)

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Advances of Expenses. Expenses (other than judgments, penalties, fines and settlements) incurred by Indemnitee shall be paid by the Corporation, in advance of the final disposition of the Proceeding, within 20 calendar days after receipt of Indemnitee’s 's written request accompanied by substantiating documentation and Indemnitee’s 's written affirmation that he has met the standard of conduct for indemnification and a written undertaking to repay such amount to the extent it is ultimately determined that indemnitee is not entitled to indemnification. No objections based on or involving the question whether such charges meet the definition of "Expenses," including any question regarding the reasonableness of such Expenses, shall be grounds for failure to advance to such amount to Indemnitee, or to reimburse such Indemnitee for, the amount claimed within such 20-day period, and the undertaking of Indemnitee set forth in Section 8 7 hereof to repay any such amount to the extent it is ultimately determined that Indemnitee is not entitled to indemnification shall be deemed to include an undertaking to repay any such amounts determined not to have met such definition.

Appears in 10 contracts

Samples: Indemnification Agreement (Superior Well Services, INC), Indemnification Agreement (Superior Well Services, INC), Indemnification Agreement (Superior Well Services, INC)

Advances of Expenses. Expenses (other than judgments, penalties, fines and settlements) incurred by Indemnitee shall be paid by the CorporationCompany, in advance of the final disposition of the Proceeding, within 20 calendar 10 days after receipt of Indemnitee’s written request accompanied by substantiating documentation and Indemnitee’s written affirmation that he has met the standard of conduct for indemnification and a written undertaking to repay such amount to the extent it is ultimately determined that indemnitee is not entitled to indemnification. No objections based on or involving the question whether such charges meet the definition of “Expenses,” including any question regarding the reasonableness of such Expenses, shall be grounds for failure to advance to such amount to Indemnitee, or to reimburse such Indemnitee for, the amount claimed within such 2010-day period, and the undertaking of Indemnitee set forth in Section 8 7 hereof to repay any such amount to the extent it is ultimately determined that Indemnitee is not entitled to indemnification shall be deemed to include an undertaking to repay any such amounts determined not to have met such definition.

Appears in 7 contracts

Samples: Indemnification Agreement, Indemnification Agreement (Stonemor Partners Lp), Indemnification Agreement (Stonemor Partners Lp)

Advances of Expenses. Expenses (other than judgments, penalties, fines and settlements) incurred by Indemnitee shall be paid by the CorporationCompany, in advance of the final disposition of the Proceeding, within 20 calendar 10 days after receipt of Indemnitee’s written request accompanied by substantiating documentation and Indemnitee’s written affirmation that he has met the standard of conduct for indemnification and a written undertaking to repay such amount to the extent it is ultimately determined that indemnitee Indemnitee is not entitled to indemnification. No objections based on or involving the question whether such charges meet the definition of “Expenses,” including any question regarding the reasonableness of such Expenses, shall be grounds for failure to advance to such amount to Indemnitee, or to reimburse such Indemnitee for, the amount claimed within such 2010-day period, and the undertaking of Indemnitee set forth in Section 8 7 hereof to repay any such amount to the extent it is ultimately determined that Indemnitee is not entitled to indemnification shall be deemed to include an undertaking to repay any such amounts determined not to have met such definition.

Appears in 4 contracts

Samples: Indemnification Agreement (Stonemor Partners Lp), Indemnification Agreement (Stonemor Partners Lp), Indemnification Agreement (Stonemor Partners Lp)

Advances of Expenses. Expenses (other than judgments, penalties, fines and settlements) incurred by Indemnitee shall be paid by the Corporation, in advance of the final disposition of the Proceeding, within 20 calendar days after receipt of Indemnitee’s written request accompanied by substantiating documentation and Indemnitee’s written affirmation that he has met the standard of conduct for indemnification and a written undertaking to repay such amount to the extent it is ultimately determined that indemnitee is not entitled to indemnification. No objections based on or involving the question whether such charges meet the definition of “Expenses,” including any question regarding the reasonableness of such Expenses, shall be grounds for failure to advance to such amount to Indemnitee, or to reimburse such Indemnitee for, the amount claimed within such 20-day period, and the undertaking of Indemnitee set forth in Section 8 7 hereof to repay any such amount to the extent it is ultimately determined that Indemnitee is not entitled to indemnification shall be deemed to include an undertaking to repay any such amounts determined not to have met such definition.

Appears in 3 contracts

Samples: Indemnification Agreement (Superior Well Services, INC), Indemnification Agreement (Superior Well Services, INC), Indemnification Agreement (Superior Well Services, INC)

Advances of Expenses. Expenses (other than judgments, penalties, fines and settlementsamounts paid in settlement) incurred by Indemnitee shall be paid by the Corporation, in advance of the final disposition of the Proceeding, within 20 calendar as soon as practicable but in any event no later than 10 days after receipt of Indemnitee’s written request accompanied by substantiating documentation and Indemnitee’s written affirmation that he has met the standard of conduct for indemnification and a written undertaking to repay such amount to the extent it is ultimately determined that indemnitee Indemnitee is not entitled to indemnificationindemnification in accordance with the provisions of this Agreement. No objections based on or involving the question whether such charges meet the definition of “Expenses,” including any question regarding the reasonableness of such Expenses, shall be grounds for failure to advance to such amount to Indemnitee, or to reimburse such Indemnitee for, the amount claimed within such 20-day period, ; and the undertaking of Indemnitee set forth in Section 8 hereof 2(b)(ii)(h) to repay any such amount to the extent it is ultimately determined that Indemnitee is not entitled to indemnification shall be deemed to include an undertaking to repay any such amounts determined not to have met such definition.

Appears in 2 contracts

Samples: Indemnification Agreement (Royal Gold Inc), Indemnification Agreement (Royal Gold Inc)

Advances of Expenses. The MLP and the Company shall be obligated to pay Expenses (other than judgments, penalties, fines and settlements) incurred by Indemnitee shall be paid by the CorporationIndemnitee, in advance of the final disposition of the Proceeding, within 20 calendar 10 days after receipt of Indemnitee’s written request accompanied by substantiating documentation and Indemnitee’s written affirmation that he has met the standard of conduct for indemnification and a written undertaking to repay such amount to the extent it is ultimately determined that indemnitee is not entitled to indemnification. No objections based on or involving the question whether such charges meet the definition of “Expenses,” including any question regarding the reasonableness of such Expenses, shall be grounds for failure to advance to such amount to Indemnitee, or to reimburse such Indemnitee for, the amount claimed within such 2010-day period, and the undertaking of Indemnitee set forth in Section 8 7 hereof to repay any such amount to the extent it is ultimately determined that Indemnitee is not entitled to indemnification shall be deemed to include an undertaking to repay any such amounts determined not to have met such definition.

Appears in 2 contracts

Samples: Indemnification Agreement, Indemnification Agreement (Energy Transfer Equity, L.P.)

Advances of Expenses. Expenses (other than judgments, penalties, fines and settlements) incurred by Indemnitee shall be paid by the Corporation, Company in advance of the final disposition of the Proceeding, and within 20 calendar days after receipt of Indemnitee’s written request accompanied by substantiating documentation and Indemnitee’s (x) written affirmation that he has met the standard of conduct for indemnification and a (y) written undertaking to repay such amount to the extent it is ultimately determined that indemnitee Indemnitee is not entitled to indemnification. No interest shall accrue on the advances. No objections based on or involving the question whether such charges meet the definition of “Expenses,” including any question regarding the reasonableness of such Expenses, shall be grounds for failure to advance to such amount to Indemnitee, or to reimburse such Indemnitee for, the amount claimed within such the 20-day periodperiod referenced in the first sentence of this Section 6, and the undertaking of Indemnitee set forth in Section 8 hereof to repay any such amount to the extent it is ultimately determined that Indemnitee is not entitled to indemnification shall be deemed to include an undertaking to repay any such amounts determined not to have met such definition.

Appears in 2 contracts

Samples: Indemnification Agreement (Venator Materials PLC), Indemnification Agreement (Venator Materials PLC)

Advances of Expenses. Expenses (other than judgments, penalties, fines and settlements) incurred by Indemnitee shall be paid by the Corporation, in advance of the final disposition of the Proceeding, within 20 calendar days after receipt by the Corporation of Indemnitee’s written request accompanied by (a) substantiating documentation and documentation, (b) Indemnitee’s written affirmation that he has met the standard of conduct for indemnification and (c) a written undertaking to repay such amount to the extent that it is ultimately determined that indemnitee is not entitled to indemnification. No objections based on or involving the question whether such charges meet the definition of “Expenses,” including any question regarding the reasonableness of such Expenses, shall be grounds for failure to advance to such amount to Indemnitee, or to reimburse such Indemnitee for, the amount claimed within such 20-day period, and the undertaking of Indemnitee set forth in Section 8 7 hereof to repay any such amount to the extent that it is ultimately determined that Indemnitee is not entitled to indemnification shall be deemed to include an undertaking to repay any such amounts determined not to have met such definition.

Appears in 2 contracts

Samples: Indemnification Agreement (Western Refining, Inc.), Indemnification Agreement (Western Refining, Inc.)

Advances of Expenses. Expenses (other than judgments, penalties, fines and settlements) incurred by Indemnitee shall be paid by the Corporation, in advance of the final disposition of the Proceeding, within 20 calendar 10 days after receipt of Indemnitee’s written request accompanied by substantiating documentation and Indemnitee’s written affirmation that he has met the standard of conduct for indemnification and a written undertaking to repay such amount to the extent it is ultimately determined that indemnitee is not entitled to indemnification. No objections based on or involving the question whether such charges meet the definition of “Expenses,” including any question regarding the reasonableness of such Expenses, shall be grounds for failure to advance to such amount to Indemnitee, or to reimburse such Indemnitee for, the amount claimed within such 2010-day period, and the undertaking of Indemnitee set forth in Section 8 7 hereof to repay any such amount to the extent it is ultimately determined that Indemnitee is not entitled to indemnification shall be deemed to include an undertaking to repay any such amounts determined not to have met such definition.

Appears in 2 contracts

Samples: Indemnification Agreement (Continental Resources Inc), Indemnification Agreement (Complete Production Services, Inc.)

Advances of Expenses. Expenses (other than The MLP and the Company shall be obligated to pay Expenses, including judgments, penalties, fines and settlements) , incurred by Indemnitee shall be paid by the CorporationIndemnitee, in advance of the final disposition of the Proceeding, within 20 calendar 10 days after receipt of Indemnitee’s written request accompanied by substantiating documentation and Indemnitee’s written affirmation that he has met the standard of conduct for indemnification and a written undertaking to repay such amount the Expenses to the extent it is ultimately determined that indemnitee is not entitled to indemnification. No objections based on or involving the question whether such charges meet the definition of “Expenses,” including any question regarding the reasonableness of such Expenses, shall be grounds for failure to advance to such amount to Indemnitee, or to reimburse such Indemnitee for, the amount claimed within such 2010-day period, and the undertaking of Indemnitee set forth in Section 8 7 hereof to repay any such amount to the extent it is ultimately determined that Indemnitee is not entitled to indemnification shall be deemed to include an undertaking to repay any such amounts determined Expenses not to have met such definition.

Appears in 2 contracts

Samples: Indemnification Agreement (Tc Pipelines Lp), Indemnification Agreement (Tc Pipelines Lp)

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Advances of Expenses. Expenses (other than judgments, penalties, fines and settlements) incurred by Indemnitee shall be paid by the CorporationGeneral Partner, in advance of the final disposition of the Proceeding, within 20 calendar days after receipt by the General Partner of Indemnitee’s written request accompanied by (a) substantiating documentation and documentation, (b) Indemnitee’s written affirmation that he has met the standard of conduct for indemnification and (c) a written undertaking to repay such amount to the extent that it is ultimately determined that indemnitee Indemnitee is not entitled to indemnification. No objections based on or involving the question whether such charges meet the definition of “Expenses,” including any question regarding the reasonableness of such Expenses, shall be grounds for failure to advance to such amount to Indemnitee, or to reimburse such Indemnitee for, the amount claimed within such 20-day period, and the undertaking of Indemnitee set forth in Section 8 6 hereof to repay any such amount to the extent that it is ultimately determined that Indemnitee is not entitled to indemnification shall be deemed to include an undertaking to repay any such amounts determined not to have met such definition.

Appears in 1 contract

Samples: Indemnification Agreement (Western Refining Logistics, LP)

Advances of Expenses. Expenses (other than judgments, penalties, fines and settlements) incurred by Indemnitee shall be paid by the Corporation, in advance of the final disposition of the Proceeding, within 20 calendar days after receipt of Indemnitee’s 's written request accompanied by substantiating documentation and Indemnitee’s 's written affirmation that he has met the standard of conduct for indemnification and a written undertaking to repay such amount to the extent it is ultimately determined that indemnitee is not entitled to indemnification. No objections based on or involving the question whether such charges meet the definition of "Expenses," including any question regarding the reasonableness of such Expenses, shall be grounds for failure to advance to such amount to Indemnitee, or to reimburse such Indemnitee for, the amount claimed within such 20-day period, and the undertaking of Indemnitee set forth in Section 8 hereof to repay any such amount to the extent it is ultimately determined that Indemnitee is not entitled to indemnification shall be deemed to include an undertaking to repay any such amounts determined not to have met such definition.

Appears in 1 contract

Samples: Indemnification Agreement (Huntsman CORP)

Advances of Expenses. Expenses (other than judgments, penalties, fines and settlements) incurred by Indemnitee shall be paid by the Corporation, in advance of the final disposition of the Proceeding, within 20 calendar 10 days after receipt of Indemnitee’s 's written request accompanied by substantiating documentation and Indemnitee’s 's written affirmation that he has met the standard of conduct for indemnification and a written undertaking to repay such amount to the extent it is ultimately determined that indemnitee is not entitled to indemnification. No objections based on or involving the question whether such charges meet the definition of "Expenses," including any question regarding the reasonableness of such Expenses, shall be grounds for failure to advance to such amount to Indemnitee, or to reimburse such Indemnitee for, the amount claimed within such 2010-day period, and the undertaking of Indemnitee set forth in Section 8 7 hereof to repay any such amount to the extent it is ultimately determined that Indemnitee is not entitled to indemnification shall be deemed to include an undertaking to repay any such amounts determined not to have met such definition.

Appears in 1 contract

Samples: Indemnification Agreement (Ocean Energy Inc /Tx/)

Advances of Expenses. Expenses (other than judgments, penalties, fines and settlements) incurred by Indemnitee shall be paid by the CorporationGeneral Partner, in advance of the final disposition of the Proceeding, within 20 calendar days after receipt by the General Partner of Indemnitee’s written request accompanied by (a) substantiating documentation and documentation, (b) Indemnitee’s written affirmation that he she has met the standard of conduct for indemnification and (c) a written undertaking to repay such amount to the extent that it is ultimately determined that indemnitee Indemnitee is not entitled to indemnification. No objections based on or involving the question whether such charges meet the definition of “Expenses,” including any question regarding the reasonableness of such Expenses, shall be grounds for failure to advance to such amount to Indemnitee, or to reimburse such Indemnitee for, the amount claimed within such 20-day period, and the undertaking of Indemnitee set forth in Section 8 6 hereof to repay any such amount to the extent that it is ultimately determined that Indemnitee is not entitled to indemnification shall be deemed to include an undertaking to repay any such amounts determined not to have met such definition.

Appears in 1 contract

Samples: Indemnification Agreement (Northern Tier Energy LP)

Advances of Expenses. Expenses (other than judgments, penalties, fines and settlementsamounts paid in settlement) incurred by Indemnitee shall be paid by the Corporation, in advance of the final disposition of the Proceeding, within 20 calendar as soon as practicable but in any event no later than 10 days after receipt of Indemnitee’s 's written request accompanied by substantiating documentation and Indemnitee’s written affirmation that he has met the standard of conduct for indemnification and a written 's undertaking to repay such amount to the extent it is ultimately determined that indemnitee Indemnitee is not entitled to indemnificationindemnification in accordance with the provisions of this Agreement. No objections based on or involving the question whether such charges meet the definition of "Expenses," including any question regarding the reasonableness of such Expenses, shall be grounds for failure to advance to such amount to Indemnitee, or to reimburse such Indemnitee for, the amount claimed within such 20-day period, ; and the undertaking of Indemnitee set forth in Section 8 hereof 2(b)(ii)(h) to repay any such amount to the extent it is ultimately determined that Indemnitee is not entitled to indemnification shall be deemed to include an undertaking to repay any such amounts determined not to have met such definition.

Appears in 1 contract

Samples: Indemnification Agreement (Coldwater Creek Inc)

Advances of Expenses. Expenses (other than judgments, penalties, fines and settlements) incurred by Indemnitee shall be paid by the CorporationCompany, in advance of the final disposition of the Proceeding, within 20 calendar 10 days after receipt of Indemnitee’s written request accompanied by substantiating documentation and Indemnitee’s written affirmation that he she has met the standard of conduct for indemnification and a written undertaking to repay such amount to the extent it is ultimately determined that indemnitee Indemnitee is not entitled to indemnification. No objections based on or involving the question whether such charges meet the definition of “Expenses,” including any question regarding the reasonableness of such Expenses, shall be grounds for failure to advance to such amount to Indemnitee, or to reimburse such Indemnitee for, the amount claimed within such 2010-day period, and the undertaking of Indemnitee set forth in Section 8 7 hereof to repay any such amount to the extent it is ultimately determined that Indemnitee is not entitled to indemnification shall be deemed to include an undertaking to repay any such amounts determined not to have met such definition.

Appears in 1 contract

Samples: Indemnification Agreement (Stonemor Partners Lp)

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