Payment of Expenses in Advance. Expenses incurred in defending a civil or criminal action, suit, or proceeding shall be paid by the corporation in advance of the final disposition of such action, suit, or proceeding upon receipt of an undertaking by or on behalf of the director, officer, employee, or agent to repay such amount if it shall ultimately be determined that he is not entitled to be indemnified by the corporation as authorized in this Article X.
Appears in 6 contracts
Samples: Master Transaction Agreement (RTI Surgical Holdings, Inc.), Master Transaction Agreement (Rti Surgical, Inc.), Agreement and Plan of Merger (Regeneration Technologies Inc)
Payment of Expenses in Advance. Expenses incurred in defending a civil or criminal action, suit, or proceeding by an Indemnitee shall be paid by the corporation in advance of the final disposition of such action, suit, or proceeding upon receipt of an undertaking by or on behalf of the director, officer, employee, or agent Indemnitee to repay such amount if it shall ultimately be determined that he is not entitled to be indemnified by the 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, suit or proceeding shall be paid 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 director, officer, employee, employee or agent to repay such amount if it shall ultimately be determined that he is not entitled to be indemnified by the corporation as authorized in this Article X.VI.
Appears in 2 contracts
Samples: Credit Agreement (Inamed Corp), Indemnification Agreement (Cybermedia Inc)
Payment of Expenses in Advance. Expenses incurred in defending a civil or criminal action, suit, suit or proceeding shall be paid 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 director, officer, employee, employee or agent to repay such amount if it shall ultimately be determined that he is not entitled to be indemnified by the corporation as authorized in this Article X.VII.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Raindance Communications Inc)