Common use of Payment in Advance Clause in Contracts

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 Board of Managers in the specific case, as provided in paragraph (d), above, upon receipt of an undertaking by or on behalf of the director, 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 limited liability company as authorized in this Section 8.7.

Appears in 2 contracts

Samples: Membership Unit Purchase Agreement (FVA Ventures, Inc.), Membership Unit Purchase Agreement (FVA Ventures, Inc.)

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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 Board of Managers Manager or Members in the specific case, as provided in paragraph (d), above, upon receipt of an undertaking by or on behalf of the directormanager, member, 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 limited liability company Company as authorized in this Section 8.78.8.

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 Board of Managers Manager or Members in the specific case, as provided in paragraph (d), above, upon receipt of an undertaking by or on behalf of the directormanager, member, 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 limited liability company Company as authorized in this Section 8.7.

Appears in 1 contract

Samples: Operating Agreement (Inland Real Estate Corp)

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 Board of Managers 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 director, officer, manager, 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 limited liability company Company as authorized in this Section 8.7Section.

Appears in 1 contract

Samples: Operating Agreement

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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 Board of Managers 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 director, officer, manager, 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 limited liability company Company as authorized in this Section 8.7Section.

Appears in 1 contract

Samples: Operating Agreement

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