Payment of Expenses in Advance. Expenses incurred in defending a civil or criminal action, suit or proceeding shall be paid out of Company funds in advance of the final disposition of such action, suit or proceeding upon receipt of an undertaking by the Indemnified Person to repay such amount unless it shall ultimately be determined that it is entitled to be indemnified by the Company.
Appears in 6 contracts
Samples: Limited Liability Company Operating Agreement (HTS-Sunset Harbor Partner, L.L.C.), Limited Liability Company Operating Agreement (HTS-Sunset Harbor Partner, L.L.C.), Operating Agreement (HTS-Sunset Harbor Partner, L.L.C.)
Payment of Expenses in Advance. Expenses incurred in defending a civil or criminal action, suit or proceeding shall may be paid out of by the Company funds in advance of the final disposition of such action, suit or proceeding proceeding, as authorized by the Members in the specific case, upon receipt of an undertaking by the Indemnified Person Member, Manager or Officer, as the case may be, to repay such amount unless it shall ultimately be determined that it such Member, Manager or Officer is entitled to be indemnified by the Company.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (RedCo Group, Inc.), Limited Liability Company Agreement (RedCo Group, Inc.), Limited Liability Company Agreement (Molina Healthcare Inc)
Payment of Expenses in Advance. Expenses incurred in defending a civil or criminal action, suit or proceeding shall may be paid out of Company funds in advance of the final disposition of such action, suit or proceeding upon receipt of an undertaking by the Indemnified Person Member or Officer to repay such amount unless it shall ultimately be determined that it is entitled to be indemnified by the Company.
Appears in 2 contracts
Samples: Operating Agreement (HTS-Sunset Harbor Partner, L.L.C.), Operating Agreement (HTS-Sunset Harbor Partner, L.L.C.)
Payment of Expenses in Advance. Expenses incurred in defending a civil or criminal action, suit or proceeding shall may be paid out of by the Company funds in advance of the final disposition of such action, suit or proceeding proceeding, as authorized by the Members in the specific case, upon receipt of an undertaking by the Indemnified Person Member, Manager or Officer as the case may be, to repay such amount unless it shall ultimately be determined that it such Member, Manager or Officer is entitled to be indemnified by the Company.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (RedCo Group, Inc.), Limited Liability Company Agreement (Molina Healthcare Inc)
Payment of Expenses in Advance. Expenses incurred in defending a civil or criminal action, suit suit, or proceeding by an Indemnitee shall be paid out of Company funds by the corporation in advance of the final disposition of such action, suit suit, or proceeding upon receipt of an undertaking by or on behalf of the Indemnified Person Indemnitee to repay such amount unless if it shall ultimately be determined that it he is not entitled to be indemnified by the Company.corporation as authorized in this Article X.
Appears in 2 contracts
Samples: Investment Agreement (Transmeridian Exploration Inc), Investment Agreement (Transmeridian Exploration Inc)
Payment of Expenses in Advance. Expenses incurred in defending a civil or criminal action, suit or proceeding shall be paid out of Company funds in advance of the final disposition of such action, suit or proceeding upon receipt of an undertaking by the Indemnified Person to repay such amount unless it shall ultimately be determined that it is entitled to be indemnified by the Company.:
Appears in 1 contract
Samples: Operating Agreement (HTS-Sunset Harbor Partner, L.L.C.)
Payment of Expenses in Advance. Expenses incurred in defending a civil or criminal action, suit or proceeding shall may be paid out of Company funds in advance of the final disposition of such action, suit or proceeding upon receipt of an undertaking by the Indemnified Person Member, Manager or Officer to repay such amount unless it shall ultimately be determined that it is entitled to be indemnified by the Company.
Appears in 1 contract
Samples: Operating Agreement (Jack Miller Family Limited Partnership 1)
