Advancing Expenses. The Company shall pay the expenses (including attorneys' fees and disbursements) incurred in good faith by an indemnified representative in advance of the final disposition of a proceeding described in Section 5.1 or the initiation of or participation in which is authorized pursuant to Section 5.2 upon receipt of an undertaking by or on behalf of the indemnified representative to repay the amount if it is ultimately determined that such person is not entitled to be indemnified by the Company pursuant to this Article. The financial ability of an indemnified representative to repay an advance shall not be a prerequisite to the making of such advance.
Appears in 5 contracts
Samples: Operating Agreement (Crown Castle International Corp), Operating Agreement (Bell Atlantic Corp), Operating Agreement (Crown Castle International Corp)
Advancing Expenses. The Company shall pay the expenses (including attorneys' fees and disbursements) incurred in good faith by an indemnified representative in advance of the final disposition of a proceeding described in Section 5.1 5.4 or the initiation of or participation in which is authorized pursuant to Section 5.2 5.5 upon receipt of an undertaking by or on behalf of the indemnified representative to repay the amount if it is ultimately determined that such person Person is not entitled to be indemnified by the Company pursuant to this Article. Article V. The financial ability of an indemnified representative to repay an advance shall not be a prerequisite to the making of such advance.
Appears in 4 contracts
Samples: Contribution Agreement (E Sync Networks Inc), Operating Agreement (Cotelligent Inc), Operating Agreement (E Sync Networks Inc)
Advancing Expenses. The Company shall pay the expenses (including attorneys' ’ fees and disbursements) incurred in good faith by an indemnified representative in advance of the final disposition of a proceeding described in Section 5.1 5.4 or the initiation of or participation in which is authorized pursuant to Section 5.2 5.5 upon receipt of an undertaking by or on behalf of the indemnified representative to repay the amount if it is ultimately determined that such person Person is not entitled to be indemnified by the Company pursuant to this Article. Article V. The financial ability of an indemnified representative to repay an advance shall not be a prerequisite to the making of such advance.
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Advancing Expenses. The Company shall pay the expenses (including attorneys' fees and disbursements) incurred in good faith by an indemnified representative in advance of the final disposition of a proceeding described in Section 5.1 4.3 or the initiation of or participation in which is authorized pursuant to Section 5.2 4.4 upon receipt of an undertaking by or on behalf of the indemnified representative to repay the amount if it is ultimately determined pursuant to Section 4.8 that such person is not entitled to be indemnified by the Company pursuant to this ArticleCompany. The financial ability of an indemnified representative to repay an advance shall not be a prerequisite requisite to the making of such advance.
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Advancing Expenses. The Company shall pay the expenses (including attorneys' ’ fees and disbursements) incurred in good faith by an indemnified representative in advance of the final disposition of a proceeding described in Section 5.1 or the initiation of or participation in which is authorized pursuant to Section 5.2 upon receipt of an undertaking by or on behalf of the indemnified representative to repay the amount if it is ultimately determined that such person is not entitled to be indemnified by the Company pursuant to this Article. The financial ability of an indemnified representative to repay an advance shall not be a prerequisite to the making of such advance.
Appears in 1 contract
Samples: Operating Agreement (Crown Castle International Corp)
Advancing Expenses. The Company shall pay the expenses (including attorneys' ’ fees and disbursements) incurred in good faith by an indemnified representative Indemnified Representative in advance of the final disposition of a proceeding Proceeding described in this Section 5.1 or the initiation of or participation in which is authorized pursuant to this Section 5.2 upon receipt of an undertaking by or on behalf of the indemnified representative Indemnified Representative to repay the amount if it is ultimately determined that such person is not entitled to be indemnified by the Company pursuant to this ArticleSection. The financial ability of an indemnified representative Indemnified Representative to repay an advance shall not be a prerequisite to the making of such advance.
Appears in 1 contract
Samples: Limited Liability Company Operating Agreement (Professional Teleconcepts, Inc.)
Advancing Expenses. The Company shall pay the expenses (including attorneys' fees and disbursements) incurred in good faith by an indemnified representative Indemnified Representative in advance of the final disposition of a proceeding described in Section 5.1 11.1 or the initiation of or participation in which is authorized pursuant to Section 5.2 11.2 upon receipt of an undertaking by or on behalf of the indemnified representative Indemnified Representative to repay the amount if it is ultimately determined that such person is not entitled to be indemnified by the Company pursuant to this ArticleSection. The financial ability of an indemnified representative Indemnified Representative to repay an advance shall not be a prerequisite to the making of such advance.
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Advancing Expenses. The Company shall pay the expenses (including attorneys' fees and disbursements) incurred in good faith by an indemnified representative in advance of the final disposition of a proceeding described in Section 5.1 12.1 or the initiation of or participation in which is authorized pursuant to Section 5.2 12.2 upon receipt of an undertaking by or on behalf of the indemnified representative to repay the amount if it is ultimately determined that such person Person is not entitled to be indemnified by the Company pursuant to this Article. The financial ability of an indemnified representative to repay an advance shall not be a prerequisite to the making of such advance.
Appears in 1 contract
Samples: Operating Agreement (Pxre Corp)