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 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.