Common use of Payment of Expenses in Advance of Final Disposition Clause in Contracts

Payment of Expenses in Advance of Final Disposition. If so requested by Indemnitee, the Company shall pay any and all Expenses to Indemnitee (an "Expense Payment") within five (5) business days after the receipt by the Company of a statement or statements from Indemnitee requesting such payment or payments. Expense Payments shall be made without regard to Indemnitee's ability to repay the Expenses and without regard to Indemnitee's ultimate entitlement to indemnification under the provisions of this Agreement. Indemnitee shall qualify for the payment of expenses solely upon the execution and delivery to the Company of an undertaking in form and substance reasonably satisfactory to the Company providing that Indemnitee undertakes to repay the amount if it is ultimately determined by a court of competent jurisdiction that Indemnitee is not entitled to be indemnified by the Company. Payments shall include any and all reasonable Expenses incurred pursuing an action to enforce this right of payment. Any determination made by the Independent Counsel that Indemnitee would not be permitted to be indemnified under applicable law shall not be binding and Indemnitee shall not be required to reimburse the Company for any Expense Payment until a final judicial determination is made with respect thereto (as to which all rights of appeal therefrom have been exhausted or lapsed). Indemnitee's obligation to reimburse the Company for Expense Payments shall be unsecured and no interest shall be charged thereon.

Appears in 1 contract

Samples: Indemnification Agreeement (Nemus Bioscience, Inc.)

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Payment of Expenses in Advance of Final Disposition. If so requested by any Indemnitee, the Company Corporation shall pay any and all Expenses to such Indemnitee (an "Expense Payment") within five (5) 15 business days after the receipt by the Company Corporation of a statement or statements from such Indemnitee requesting such payment or payments. Expense Payments shall be made without regard to any Indemnitee's ’s ability to repay the Expenses and without regard to any Indemnitee's ’s ultimate entitlement to indemnification under the provisions of this Agreement. Article X. An Indemnitee shall qualify for the payment of expenses Expenses solely upon the execution and delivery to the Company Corporation of an undertaking in form and substance reasonably satisfactory to the Company Corporation providing that such Indemnitee undertakes to repay the amount if it is ultimately determined by a court of competent jurisdiction that such Indemnitee is not entitled to be indemnified by the CompanyCorporation. Payments shall include any and all reasonable Expenses incurred pursuing an action to enforce this right of payment. Any determination made by the Independent Counsel that an Indemnitee would not be permitted to be indemnified under applicable law shall not be binding and such Indemnitee shall not be required to reimburse the Company Corporation for any Expense Payment until a final judicial determination is made with respect thereto (as to which all rights of appeal therefrom have been exhausted or lapsed). An Indemnitee's ’s obligation to reimburse the Company Corporation for Expense Payments shall be unsecured and no interest shall be charged thereon.

Appears in 1 contract

Samples: Support Agreement (Tenet Healthcare Corp)

Payment of Expenses in Advance of Final Disposition. If so requested by Indemnitee, the Company shall pay any and all Expenses to Indemnitee (an "Expense Payment") within five (5) business days after the receipt by the Company of a statement or statements from Indemnitee requesting such payment or payments. Expense Payments shall be made without regard to Indemnitee's ’s ability to repay the Expenses and without regard to Indemnitee's ’s ultimate entitlement to indemnification under the provisions of this Agreement. Indemnitee shall qualify for the payment of expenses solely upon the execution and delivery to the Company of an undertaking in form and substance reasonably satisfactory to the Company providing that Indemnitee undertakes to repay the amount if it is ultimately determined by a court of competent jurisdiction that Indemnitee is not entitled to be indemnified by the Company. Payments shall include any and all reasonable Expenses incurred pursuing an action to enforce this right of payment. Any determination made by the Independent Counsel that Indemnitee would not be permitted to be indemnified under applicable law shall not be binding and Indemnitee shall not be required to reimburse the Company for any Expense Payment until a final judicial determination is made with respect thereto (as to which all rights of appeal therefrom have been exhausted or lapsed). Indemnitee's ’s obligation to reimburse the Company for Expense Payments shall be unsecured and no interest shall be charged thereon.

Appears in 1 contract

Samples: Indemnification Agreeement (Tenet Healthcare Corp)

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Payment of Expenses in Advance of Final Disposition. If so requested by Indemnitee, the Company shall pay any and all Expenses to Indemnitee (an "Expense Payment") within five (5) business days after the receipt by the Company of a statement or statements from Indemnitee requesting such payment or payments, whether prior to or after final disposition of such Proceeding. Expense Payments shall be made without regard to Indemnitee's ’s ability to repay the Expenses and without regard to Indemnitee's ’s ultimate entitlement to indemnification under the provisions of this Agreement. Indemnitee shall qualify for the payment of expenses solely upon the execution and delivery to the Company of an undertaking in form and substance reasonably satisfactory to the Company providing that Indemnitee undertakes to repay the amount if it is ultimately determined by a court of competent jurisdiction that Indemnitee is not entitled to be indemnified by the Company. Payments shall include any and all reasonable Expenses incurred pursuing an action to enforce this right of payment. Any determination made by the Independent Counsel that Indemnitee would not be permitted to be indemnified under applicable law shall not be binding and Indemnitee shall not be required to reimburse the Company for any Expense Payment until a final judicial determination is made with respect thereto (as to which all rights of appeal therefrom have been exhausted or lapsed). Indemnitee's ’s obligation to reimburse the Company for Expense Payments shall be unsecured and no interest shall be charged thereon.

Appears in 1 contract

Samples: Indemnification Agreement (Skye Bioscience, Inc.)

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