Payment of Expenses in Advance. Expenses (including attorneys’ fees) incurred by a Member, Manager or Officer in defending any civil, criminal, administrative or investigative action, suit or proceeding shall be paid by the Company in advance of the final disposition of such action, suit or proceeding upon receipt of an undertaking by or on behalf of such Member, Manager or Officer to repay such amount if it shall ultimately be determined that he or she is not entitled to be indemnified by the Company as authorized in this section.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (RJR Packaging, LLC), Limited Liability Company Agreement (RJR Packaging, LLC)
Payment of Expenses in Advance. Expenses (including attorneys’ fees) incurred by a Member, Manager or Officer in defending any civil, criminal, administrative a civil or investigative criminal action, suit or proceeding shall may be paid by the Company 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 Member, Manager or on behalf of Officer as the case may be, to repay such amount unless it shall ultimately be determined that such Member, Manager or Officer to repay such amount if it shall ultimately be determined that he or she is not entitled to be indemnified by the Company as authorized in this sectionCompany.
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 (including attorneys’ fees) incurred by a Member, Manager or Officer in defending any civil, criminal, administrative a civil or investigative criminal action, suit suit, or proceeding shall be paid by the Company in advance of the final disposition of such action, suit suit, or proceeding upon receipt of an undertaking by or on behalf of such Memberthe Manager, Manager Officer, employee, or Officer agent to repay such amount if it shall ultimately be determined that he or she is not entitled to be indemnified by the Company as authorized in this sectionSection 18.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Vantage Delaware Holdings, LLC)
Payment of Expenses in Advance. (1) Expenses (including attorneys’ fees) incurred by a Member, Manager or Officer in defending any civil, criminal, administrative a civil or investigative criminal action, suit or proceeding shall may be paid by the Company Corporation in advance of the final disposition of such action, suit or proceeding as authorized by the Board of Directors in the specific case upon receipt of an undertaking by or on behalf of such Membera director, Manager officer, employee or Officer agent to repay such amount if unless it shall ultimately be determined that he or she is not entitled to be indemnified by the Company Corporation as authorized in this sectionArticle 8.
Appears in 1 contract
Samples: Securities Purchase Agreement (Warburg Pincus Ventures Lp)
Payment of Expenses in Advance. Expenses (including attorneys’ fees) incurred by a Member, Manager or Officer in defending any civil, criminal, administrative a civil or investigative criminal action, suit or proceeding shall may not be paid by the Company in advance of the final disposition of such action, suit or proceeding upon receipt of an undertaking by or on behalf of such Memberthe director, Manager manager, officer, employee or Officer agent to repay such amount if it shall ultimately be determined that he or she the person is not entitled to be indemnified by the Company as authorized in this sectionSection 18.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Cogdell Spencer Inc.)