Common use of Agreement to Advance Expenses; Undertaking Clause in Contracts

Agreement to Advance Expenses; Undertaking. The Company shall advance all Expenses incurred by or on behalf of Indemnitee in connection with any Proceeding, including a Proceeding by or in the right of the Company, in which Indemnitee is involved by reason of such Indemnitee’s Corporate Status within ten (10) calendar days after the receipt by the Company of a written statement from Indemnitee requesting such advance or advances from time to time, whether prior to or after final disposition of such Proceeding, upon receipt of an undertaking by Indemnitee to repay any and all of the amount of Indemnifiable Expenses paid to Indemnitee if it is finally determined by a court of competent jurisdiction that Indemnitee is not entitled under this Agreement to indemnification with respect to such Expenses. Such written statement shall specify the Indemnifiable Expenses for which Indemnitee seeks an advancement under this Agreement, together with documentation evidencing that Indemnitee has incurred such Indemnifiable Expenses. This undertaking is an unlimited general obligation of each of Indemnitees.

Agreement to Advance Expenses; Undertaking. The Company shall advance all Expenses incurred by or on behalf of Indemnitee in connection with any Proceeding, including a Proceeding by or in the right of the Company, in which Indemnitee is involved by reason of such Indemnitee’s Corporate Status within ten (10) calendar days after the receipt by the Company of a written statement from Indemnitee requesting such advance or advances from time to timetime (together with documentation (including invoices for attorneys’ fees) evidencing the incurrence of Indemnifiable Expenses, which may be redacted to preserve any privilege accorded by applicable law), whether prior to or after final disposition of such Proceeding. Advances shall be made without regard to Indemnitee’s ability to repay the Expenses and without regard to Indemnitee’s ultimate entitlement to indemnification under this Agreement. Advances shall in all events continue until the final disposition of any Proceeding, upon receipt of an undertaking including any appeal therein. To the extent required by Delaware law, Indemnitee hereby undertakes to repay any and all of the amount of Indemnifiable Expenses paid to Indemnitee if it is finally determined by a court of competent jurisdiction in accordance with Section 4 above that Indemnitee is not entitled under this Agreement to indemnification with respect to such Expenses. Such written statement shall specify the Indemnifiable Expenses for which Indemnitee seeks an advancement under this Agreement, together with documentation evidencing that Indemnitee has incurred such Indemnifiable Expenses. This undertaking is an unlimited general obligation of each of IndemniteesIndemnitee.

Agreement to Advance Expenses; Undertaking. The Company shall advance all Expenses incurred by or on behalf of Indemnitee in connection with any Proceeding, including a Proceeding by or in the right of the Company, in which Indemnitee is involved by reason of such Indemnitee’s Corporate Status within ten (10) calendar days after the receipt by the Company of a written statement from Indemnitee requesting such advance or advances from time to time, whether prior to or after final disposition of such Proceeding, upon receipt of an undertaking by Indemnitee to repay any and all of the amount of Indemnifiable Expenses paid to Indemnitee if it is finally determined by a court of competent jurisdiction that Indemnitee is not entitled under this Agreement to indemnification with respect to such Expenses. Such written statement shall specify the Indemnifiable Expenses for which Indemnitee seeks an advancement under this Agreement, together with documentation evidencing that Indemnitee has incurred such Indemnifiable Expenses. This undertaking is an unlimited general obligation of each of Indemniteesthe Indemnitee.