Common use of Payment of Expenses in Advance Clause in Contracts

Payment of Expenses in Advance. The Company shall pay expenses incurred in defending an action, suit, or proceeding referred to in Section 9.1 or 9.2 in advance of the final disposition of the action, suit or proceeding upon receipt of a written affirmation by the Indemnitee of the Indemnitee’s good faith belief that the Indemnitee has met the standard of conduct necessary for indemnification under applicable law and a written undertaking by or on behalf of the Indemnitee to repay the amount unless it ultimately is determined that the Indemnitee is entitled to be indemnified by the Company as authorized in this Article 9. The written undertaking must be an unlimited general obligation of the Indemnitee but need not be secured. It may be accepted without reference to financial ability to make repayment.

Appears in 6 contracts

Samples: Operating Agreement, Operating Agreement (Slingshot USA LLC), Operating Agreement (Slingshot USA LLC)

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Payment of Expenses in Advance. The Company shall pay expenses Expenses incurred in defending an action, suit, suit or proceeding referred to in Section 9.1 5.01 or 9.2 Section 5.02 shall be paid by the Company in advance of the final disposition of the such action, suit or proceeding upon receipt of a written affirmation by the Indemnitee of the Indemnitee’s his good faith belief that the such Indemnitee has met the standard of conduct necessary for indemnification under applicable law and a written undertaking by or on behalf of the Indemnitee to repay the such amount unless it ultimately is shall be determined that the such Indemnitee is entitled to be indemnified by the Company as authorized in this Article 9. V. The written undertaking must be an unlimited general obligation of the Indemnitee but need not be secured. It may be accepted without reference to financial ability to make repayment.

Appears in 2 contracts

Samples: Limited Liability Company Operating Agreement (Anglo-Suisse Offshore Pipeline Partners, LLC), Limited Liability Company Agreement (Anglo-Suisse Offshore Pipeline Partners, LLC)

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Payment of Expenses in Advance. The Company shall pay expenses incurred in defending an action, suit, or proceeding referred to in Section 9.1 or 9.2 in advance of the final disposition of the action, suit or proceeding upon receipt of a written affirmation by the Indemnitee of the Indemnitee’s 's good faith belief that the Indemnitee has met the standard of conduct necessary for indemnification under applicable law and a written undertaking by or on behalf of the Indemnitee to repay the amount unless it ultimately is determined that the Indemnitee is entitled to be indemnified by the Company as authorized in this Article 9. The written undertaking must be an unlimited general obligation of the Indemnitee but need not be secured. It may be accepted without reference to financial ability to make repayment. 9.4.

Appears in 1 contract

Samples: Operating Agreement (Slingshot USA LLC)

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