In Advance of Final Disposition. Reasonable expenses incurred by an Indemnitee who is a party to a proceeding may be paid or reimbursed by the Partnership in advance of the final disposition of the proceeding upon receipt by the Partnership of (a) a written affirmation by the Indemnitee of the Indemnitee's good faith belief that the standard of conduct necessary for indemnification by the Partnership as authorized in this Section 7.7 has been met, and (b) a written undertaking by or on behalf of the Indemnitee to repay the amount if it shall ultimately be determined that the standard of conduct has not been met.
Appears in 4 contracts
Samples: Limited Partnership Agreement (Baron Capital Trust), Agreement of Limited Partnership (Hub Group Inc), Partnership Agreement (Hub Group Inc)
In Advance of Final Disposition. Reasonable Except as provided in Section 7.3.2, reasonable expenses incurred by an Indemnitee who is a party to a proceeding may be paid or reimbursed by the Partnership Company in advance of the final disposition of the proceeding upon receipt by the Partnership Company of (a) a written affirmation by the Indemnitee of the Indemnitee's ’s good faith belief that the standard of conduct necessary for indemnification by the Partnership Company as authorized in this Section 7.7 7.6 has been met, met and (b) a written undertaking by or on behalf of the Indemnitee to repay the amount if it shall ultimately be determined that the standard of conduct has not been met.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (Skechers Usa Inc), Limited Liability Company Agreement (Skechers Usa Inc), Limited Liability Company Agreement (Skechers Usa Inc)
In Advance of Final Disposition. Reasonable Except as provided in Section 7.13, reasonable expenses incurred by an Indemnitee who is a party to a proceeding may be paid or reimbursed by the Partnership in advance of the final disposition of the proceeding upon receipt by the Partnership of (a) a written affirmation by the Indemnitee of the Indemnitee's good faith belief that the standard of conduct necessary for indemnification by the Partnership as authorized in this Section 7.7 7.8 has been met, and (b) a written undertaking by or on behalf of the Indemnitee to repay the amount if it shall ultimately be determined that the standard of conduct has was not been met.
Appears in 2 contracts
Samples: Limited Partnership Agreement (Public Storage Properties Xi Inc), Limited Partnership Agreement (Public Storage Properties Xi Inc)
In Advance of Final Disposition. Reasonable expenses incurred by an Indemnitee who is a party to a proceeding may be paid or reimbursed by the Partnership in advance of the final disposition of the proceeding upon receipt by the Partnership of (ai) a written affirmation by the Indemnitee of the Indemnitee's good faith belief that the standard of conduct necessary for indemnification by the Partnership as authorized in this Section SECTION 7.7 has been met, and (bii) a written undertaking by or on behalf of the Indemnitee to repay the amount if it shall ultimately be determined that the standard of conduct has not been met.
Appears in 1 contract
Samples: Limited Partnership Agreement (Rodamco North America N V)
In Advance of Final Disposition. Reasonable expenses incurred by an Indemnitee who is a party to a proceeding may be paid or reimbursed by the Partnership in advance of the final disposition of the proceeding upon receipt by the Partnership of (ai) a written affirmation by the Indemnitee of the Indemnitee's good faith belief that the standard of conduct necessary for indemnification by the Partnership as authorized in this Section 7.7 has been met, met and (bii) a written undertaking by or on behalf of the Indemnitee to repay the amount if it shall ultimately be determined that the standard of conduct has not been met.
Appears in 1 contract
Samples: Limited Partnership Agreement (Security Capital Atlantic Inc)
In Advance of Final Disposition. Reasonable expenses incurred by an each Indemnitee who is a party to a proceeding may be paid or reimbursed by the Partnership Company in advance of the final disposition of the proceeding upon receipt by the Partnership Company of (ai) a written affirmation by the such Indemnitee of the Indemnitee's ’s good faith belief that the standard of conduct necessary for indemnification by the Partnership Company as authorized in this Section 7.7 has been met, met and (bii) a written undertaking by or on behalf of the such Indemnitee to repay the amount if it shall ultimately be determined that the standard of conduct has not been met.
Appears in 1 contract
Samples: Operating Agreement (Developers Diversified Realty Corp)