Payment in Advance. Expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by the Company in advance of the final disposition of the action, suit or proceeding, as authorized by the Manager or Members in the specific case, as provided in paragraph (d), above, upon receipt of an undertaking by or on behalf of the manager, member, officer, employee or agent to repay that amount, unless it shall ultimately be determined that the person is entitled to be indemnified by the Company as authorized in this Section 8.8.
Appears in 2 contracts
Samples: Operating Agreement (Inland Real Estate Corp), Limited Liability Company Agreement (Inland Retail Real Estate Trust Inc)
Payment in Advance. Expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by the Company in advance of the final disposition of the action, suit or proceeding, as authorized by the Manager or Members Board of Managers in the specific case, as provided in paragraph (d), above, upon receipt of an undertaking by or on behalf of the manager, memberdirector, officer, manager, employee or agent to repay that amount, unless it shall ultimately be determined that the person is entitled to be indemnified by the Company limited liability company as authorized in this Section 8.88.7.
Appears in 2 contracts
Samples: Preferred Membership Unit Purchase Agreement (FVA Ventures, Inc.), Preferred Membership Unit Purchase Agreement (FVA Ventures, Inc.)
Payment in Advance. Expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by the Company in advance of the final disposition of the action, suit or proceeding, as authorized by the Manager Management or Members in the specific case, as provided in paragraph (d), abovethe preceding paragraph, upon receipt of an undertaking by or on behalf of the manager, member, officer, employee or agent person to be indemnified to repay that amount, unless it shall ultimately be determined that the person is entitled to be indemnified by the Company as authorized in this Section 8.8Section.
Appears in 1 contract
Samples: Operating Agreement
Payment in Advance. Expenses Reasonable expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by the Company in advance of the final disposition of the action, suit or proceeding, as authorized by the Manager Management or Members in the specific case, as provided in paragraph (d), abovethe preceding paragraph, upon receipt of an undertaking by or on behalf of the manager, member, officer, employee or agent person to be indemnified to repay that amount, unless it shall ultimately be determined that the person is entitled to be indemnified by the Company as authorized in this Section 8.8Section.
Appears in 1 contract
Samples: Operating Agreement
Payment in Advance. Expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by the Company in advance of the final disposition of the action, suit or proceeding, as authorized by the Manager or Members in the specific case, as provided in paragraph (d), above, upon receipt of an undertaking by or on behalf of the manager, member, officer, employee or agent to repay that amount, unless it shall ultimately be determined that the person is entitled to be indemnified by the Company as authorized in this Section 8.88.7.
Appears in 1 contract
