Common use of Obligation to Make Expense Advances Clause in Contracts

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.

Appears in 37 contracts

Samples: Indemnification Agreement (Microtune Inc), Indemnification Agreement (Microtune Inc), Indemnification Agreement (Microtune Inc)

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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 therefor by the Company hereunder under applicable lawCompany, the Company shall make Expense Advances to Indemnitee.

Appears in 37 contracts

Samples: Indemnification Agreement (Dealertrack Technologies, Inc), Indemnification Agreement (ADS Tactical, Inc.), Indemnification Agreement (Party City Corp)

Obligation to Make Expense Advances. Upon The Company shall make Expense Advances to Indemnitee 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 indemnified, exonerated or held harmless therefor by the Company hereunder under applicable law, the Company shall make Expense Advances to IndemniteeCompany.

Appears in 22 contracts

Samples: Indemnification Agreement (Codexis, Inc.), Indemnification Agreement (Acurx Pharmaceuticals, LLC), Indemnification Agreement (DropCar, Inc.)

Obligation to Make Expense Advances. Upon The Company shall make Expense Advances to Indemnitee 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 therefor by the Company hereunder under applicable law, the Company shall make Expense Advances to IndemniteeCompany.

Appears in 21 contracts

Samples: Indemnification Agreement (Collegium Pharmaceutical, Inc), Indemnification Agreement (Collegium Pharmaceutical Inc), Legal Release of Claims (Evolving Systems Inc)

Obligation to Make Expense Advances. Upon The Company shall make Expense Advances to Indemnitee upon receipt of a written undertaking 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 therefore indemnified, exonerated or held harmless therefor by the Company hereunder under applicable law, the Company shall make Expense Advances to IndemniteeCompany.

Appears in 16 contracts

Samples: Indemnification Agreement (Innventure, Inc.), Indemnification Agreement (PureCycle Technologies, Inc.), Indemnification Agreement (PLBY Group, Inc.)

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 therefor by the Company hereunder under applicable law, the Company shall make Expense Advances to Indemnitee.

Appears in 15 contracts

Samples: Indemnification Agreement (E Loan Inc), Indemnification Agreement (E Loan Inc), Indemnification Agreement (E Loan Inc)

Obligation to Make Expense Advances. Upon The Company will make Expense Advances to Indemnitee upon receipt of a written undertaking by or on behalf of the Indemnitee to repay such amounts if it shall is ultimately be determined that the Indemnitee is not entitled to be indemnified therefore therefor by the Company hereunder under applicable law, the Company shall make Expense Advances to IndemniteeCompany.

Appears in 10 contracts

Samples: Indemnification Agreement (Snowflake Inc.), Indemnification Agreement (Aqua Metals, Inc.), Indemnification Agreement (New Relic Inc)

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.

Appears in 8 contracts

Samples: Indemnification Agreement (Omnivision Technologies Inc), Indemnification Agreement (Synplicity Inc), Indemnification Agreement (Microtune Inc)

Obligation to Make Expense Advances. Upon The Company shall make ----------------------------------- Expense Advances to Indemnitee 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 IndemniteeCompany.

Appears in 7 contracts

Samples: Indemnification Agreement (Emachines Inc /De/), Indemnification Agreement (Emachines Inc /De/), Indemnification Agreement (Emachines Inc /De/)

Obligation to Make Expense Advances. Upon The Company shall make Expense Advances to Indemnitee 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 IndemniteeCompany.

Appears in 6 contracts

Samples: Employment Agreement (Edwards J D & Co), Employment Agreement (Edwards J D & Co), Indemnification Agreement (Resourcephoenix Com Inc)

Obligation to Make Expense Advances. Upon The Company shall make Expense Advances to the Indemnitee in connection with any Claim, in the event of the receipt by the Company of a statement or statements from the Indemnitee requesting Expense Advances from time to time. Such statement or statements shall include a written undertaking by or on behalf of the Indemnitee to repay such amounts if it shall ultimately be determined (as set forth herein) that the Indemnitee is not entitled to be indemnified therefore by the Company hereunder under applicable law, the Company shall make Expense Advances to IndemniteeCompany.

Appears in 4 contracts

Samples: Indemnification Agreement (Westpoint International Inc), Indemnification Agreement (Xo Communications Inc), Indemnification Agreement (Xo Communications Inc)

Obligation to Make Expense Advances. Upon The Company shall make Expense Advances to the Indemnitee 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 indemnified, exonerated or held harmless therefor by the Company hereunder under applicable law, the Company shall make Expense Advances to IndemniteeCompany.

Appears in 3 contracts

Samples: Indemnification Agreement (Greenway Medical Technologies Inc), Indemnification Agreement (Gevo, Inc.), Indemnification Agreement (ExamWorks Group, Inc.)

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 permitted to be indemnified therefore therefor by the Company hereunder under applicable lawCompany, the Company shall make Expense Advances to Indemnitee.

Appears in 3 contracts

Samples: Indemnification Agreement (Monolithic Power Systems Inc), Indemnification Agreement (Monolithic Power Systems Inc), Indemnification Agreement (Monolithic Power Systems Inc)

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.

Appears in 3 contracts

Samples: Indemnification Agreement, Indemnification Agreement (Tradestation Group Inc), Indemnification Agreement (Omega Research Inc)

Obligation to Make Expense Advances. Upon receipt of a written undertaking by or on behalf of the Indemnitee Indemnified Person to repay such amounts if it shall ultimately be determined that the Indemnitee Indemnified Person is not entitled to be indemnified therefore by the Company hereunder under applicable law, the Company shall make Expense Advances to IndemniteeIndemnified Person.

Appears in 3 contracts

Samples: Indemnification Agreement (Liquor Com Inc), Indemnification Agreement (Silicon Energy Corp), Indemnification Agreement (Omnisky Corp)

Obligation to Make Expense Advances. Upon The Corporation shall make Expense Advances to Indemnitee 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 therefor by the Company hereunder under applicable law, the Company shall make Expense Advances to IndemniteeCorporation.

Appears in 2 contracts

Samples: Indemnification Agreement (Reliability Inc), Indemnification Agreement (Drone Aviation Holding Corp.)

Obligation to Make Expense Advances. Upon The Company shall make Expense Advances to Indemnitee upon receipt of a written undertaking undertaking, in the form set forth on 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 therefore indemnified, exonerated or held harmless therefor by the Company hereunder under applicable law, the Company shall make Expense Advances to IndemniteeCompany.

Appears in 2 contracts

Samples: Indemnification Agreement, Indemnification Agreement (Ellie Mae Inc)

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 in accordance with Section 2 that the Indemnitee is not entitled to be indemnified therefore therefor by the Company hereunder under applicable law, the Company shall make Expense Advances to Indemnitee.

Appears in 2 contracts

Samples: Employment Agreement (Christopher & Banks Corp), Indemnification Agreement (Christopher & Banks Corp)

Obligation to Make Expense Advances. Upon The Company shall make Expense Advances to Indemnitee upon receipt of a written undertaking by or on behalf of the Indemnitee to repay such amounts all Expense Advances if it shall ultimately be determined that the Indemnitee is not entitled to be indemnified therefore therefor by the Company hereunder under applicable law, the Company shall make Company. Any written undertaking by Indemnitee to repay any Expense Advances to Indemniteehereunder shall be unsecured and no interest shall be charged thereon.

Appears in 2 contracts

Samples: Separation Agreement (Boundless Corp), Indemnification Agreement (Educational Video Conferencing Inc)

Obligation to Make Expense Advances. Upon Subject to Section 2(b), the Company shall make Expense Advances to Indemnitee 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 therefor by the Company hereunder under applicable law, the Company shall make Expense Advances to IndemniteeCompany.

Appears in 1 contract

Samples: Indemnification Agreement (Callidus Software Inc)

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Obligation to Make Expense Advances. Upon The Company shall make Expense Advances to Indemnitee upon receipt of a written undertaking 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 therefore by the Company hereunder under applicable lawindemnified, the Company shall make Expense Advances to Indemnitee.exonerated or held harmless

Appears in 1 contract

Samples: Indemnification Agreement (Ascendis Pharma a/S)

Obligation to Make Expense Advances. Upon The Company shall make Expense Advances to the Indemnitee as soon as practicable after written demand by the Indemnitee therefor is presented to the Company; provided, however, that if required by applicable law, such Expense Advances shall only be made 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 indemnified, exonerated or held harmless therefor by the Company hereunder under applicable law, the Company shall make Expense Advances to IndemniteeCompany.

Appears in 1 contract

Samples: Indemnification Agreement (Kratos Defense & Security Solutions, Inc.)

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 therefor by the Company hereunder under applicable lawCompanies, the Company Companies shall make Expense Advances to Indemnitee for Expenses actually incurred by Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Infiniti Solutions LTD)

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 therefor by the Company hereunder under applicable lawCompany, the Company shall make Expense Advances to Indemnitee. Form of Undertaking. Any written undertaking by the Indemnitee to repay any Expense Advances hereunder shall be unsecured and no interest shall be charged thereon.

Appears in 1 contract

Samples: Indemnification Agreement (Atmel Corp)

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 therefor by the Company hereunder under applicable lawCompany, the Company shall make Expense Advances to Indemnitee for Expenses actually incurred by Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Infiniti Solutions LTD)

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 the Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Nextfit, Inc.)

Obligation to Make Expense Advances. Upon receipt The Company shall make Expense Advances to Indemnitee in advance of the final disposition of a written undertaking by or on behalf of the Claim. The Indemnitee hereby undertakes to repay such amounts if advanced only if, and to the extent, it shall ultimately be determined that the Indemnitee is not entitled to be indemnified indemnified, exonerated or held harmless therefore by the Company hereunder under applicable law, the Company shall make Expense Advances to IndemniteeCompany.

Appears in 1 contract

Samples: Indemnification Agreement (Accuray Inc)

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 by a court of competent jurisdiction in which all rights of appeal have passed that the Indemnitee is not entitled to be indemnified therefore therefor by the Company hereunder under applicable lawCompany, the Company shall make Expense Advances to Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Solectron Corp)

Obligation to Make Expense Advances. Upon receipt of Prior to the Company making any Expense Advances to Indemnitee hereunder, Indemnitee shall provide the Company with a written undertaking by or on behalf of the Indemnitee to repay such amounts Expense Advances if it shall is 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 IndemniteeCompany.

Appears in 1 contract

Samples: Indemnification Agreement (Core-Mark Holding Company, Inc.)

Obligation to Make Expense Advances. Upon The Company shall make Expense Advances to Indemnitee upon receipt of a written undertaking 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 therefore indemnified, exonerated or held harmless therefor by the Company hereunder under applicable law, the Company shall make Expense Advances to IndemniteeCompany.

Appears in 1 contract

Samples: Indemnification Agreement (Venus Concept Inc.)

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 therefor by the Company hereunder under applicable lawCompany, the Company shall make Expense Advances to Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Hollis Eden Pharmaceuticals Inc /De/)

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 therefor by the Company, the Company hereunder under shall, subject to applicable law, the Company shall make Expense Advances to Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Interwave Communications International LTD)

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 therefor by the Company hereunder under applicable lawCompany, the Company shall make Expense Advances to Indemnitee.

Appears in 1 contract

Samples: Indemnification Agreement (Verso Corp)

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