Obligation to Make Expense Advances. Upon receipt of a written undertaking by or on behalf of the Indemnitee to repay such amounts if it shall ultimately be determined that the Indemnitee is not entitled to be indemnified therefore by the Company hereunder under applicable law, the Company shall make Expense Advances to Indemnitee.
Obligation to Make Expense Advances. The Company will make Expense Advances to Indemnitee within 30 days of receipt of a written undertaking by or on behalf of the Indemnitee to repay such amounts if it is ultimately determined that the Indemnitee is not entitled to be indemnified therefor by the Company.
Obligation to Make Expense Advances. The Company shall make Expense Advances to Indemnitee upon receipt of a written undertaking, in the form attached hereto as Exhibit A, by or on behalf of the Indemnitee to repay such amounts if it shall ultimately be determined that the Indemnitee is not entitled to be indemnified, exonerated or held harmless therefor by the Company. The Company’s obligation to make Expense Advances to Indemnitee shall not be binding if it would be contrary to Danish law for the Company to agree or make such Expense Advances, pursuant to the Danish Companies Act or otherwise under Danish law.
Obligation to Make Expense Advances. Upon request by Indemnitee, the Company shall advance (within 15 business days of such request) any and all Expenses incurred by Indemnitee. The Indemnitee shall qualify for such Expense Advance upon the execution and delivery of this Agreement to the Company which shall constitute an undertaking that the Indemnitee undertakes to repay such Expense Advances if and to the extent it shall ultimately be determined in a final judicial determination as to which all rights of appeal therefrom have been exhausted or lapsed that the Indemnitee is not entitled to be indemnified therefor by the Company. In the event that Indemnitee has commenced legal proceedings to secure a determination that Indemnitee is entitled to be indemnified hereunder under applicable law in accordance with Section 2(c) hereof, until it is so finally determined by the court that Indemnitee is not entitled to indemnification, Indemnitee shall not be required to repay such Expense Advances to the Company and Indemnitee shall continue to receive Expense Advances pursuant to this Section 3(a).
Obligation to Make Expense Advances. If so requested by Indemnitee, the Company shall make Expense Advances to Indemnitee. The Indemnitee shall qualify for such Expense Advances upon the execution and delivery to the Company of this Agreement which shall constitute an undertaking providing that the Indemnitee undertakes to repay such Expense Advances if and to the extent that it is ultimately determined by a court of competent jurisdiction in a final judgment, not subject to appeal, that Indemnitee is not entitled to be indemnified by the Company. Indemnitee’s obligation to reimburse the Company for Expense Advances shall be unsecured and no interest shall be charged thereon. To the extent permissible under third party policies, the Company agrees that invoices for Expense Advances shall be billed in the name of and be payable directly by the Company.
Obligation to Make Expense Advances. Upon receipt of a written undertaking by or on behalf of the Indemnitee to repay such amounts if it shall ultimately be determined that the Indemnitee is not entitled to be indemnified therefor by the Company, the Company shall make Expense Advances to Indemnitee. Expense Advances shall be made without regard to Indemnitee’s ability to repay the Expense Advances. Expense Advances shall be made without regard to Indemnitee’s ultimate entitlement to indemnification under this Agreement unless and until the matter of entitlement has been finally adjudicated by court order or judgment from which no further right of appeal exists. As set forth in Section 4(d) of this Agreement, the Company’s obligation to pay Expense Advances shall terminate upon a conviction, plea of nolo contendere or its equivalent.
Obligation to Make Expense Advances. Upon receipt of a written undertaking by or on behalf of the Indemnified Person to repay such amounts if it shall ultimately be determined that the Indemnified Person is not entitled to be indemnified therefore by APEI hereunder under applicable law, APEI shall make Expense Advances to Indemnified Person.
Obligation to Make Expense Advances. Upon receipt of a written undertaking by or on behalf of the Indemnified Person to repay such amounts if it shall ultimately be determined that the Indemnified Person is not entitled to be indemnified therefore by Double-Take hereunder under applicable law, Double-Take shall make Expense Advances to Indemnified Person.
Obligation to Make Expense Advances. Upon receipt of a written undertaking by or on behalf of the Indemnified Person to repay such amounts if it shall ultimately be determined that the Indemnified Person is not entitled to be indemnified therefore by Martek hereunder under applicable law, Martek shall make Expense Advances to Indemnified Person.
Obligation to Make Expense Advances. Upon receipt of a written undertaking by or on behalf of the Indemnified Person to repay such amounts if it shall ultimately be determined that the Indemnified Person is not entitled to be indemnified therefore by Avalon hereunder under applicable law, Avalon shall make Expense Advances to Indemnified Person.
