Common use of Payment of Expenses in Advance Clause in Contracts

Payment of Expenses in Advance. Expenses incurred by a Member or officer of the Company in connection with a Proceeding shall be paid by the Company in advance of the final disposition of such Proceeding upon receipt of a written undertaking by or on behalf of such Member or officer to repay such amount if it shall ultimately be determined that such Member or officer is not entitled to be indemnified by the Company as authorized in this Section 14, with such undertaking being secured by the Member’s entire interest in the Company, if applicable.

Appears in 1 contract

Samples: Operating Agreement (Aptitude Solutions, Inc.)

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Payment of Expenses in Advance. Expenses incurred by a Member or officer of the Company Person in connection with a Proceeding shall be paid by the Company in advance of the final disposition of such Proceeding upon receipt of a written undertaking by or on behalf of such Member or officer Company Person to repay such amount if it shall ultimately be determined that such Member or officer Company Person is not entitled to be indemnified by the Company as authorized in this Section 14, with such undertaking being secured by the Member’s entire interest in the Company, if applicableArticle 12.

Appears in 1 contract

Samples: Operating Agreement (Kaiser Ventures Inc)

Payment of Expenses in Advance. Expenses incurred by a Member or officer of the Company Manager in connection with a Proceeding (“Expenses”) shall be paid by the Company in advance of the final disposition of such Proceeding upon receipt of a written undertaking by or on behalf of such Member or officer Manager to repay such amount if it shall ultimately be determined that such Member or officer Manager is not entitled to be indemnified by the Company as authorized in this Section 14, with such undertaking being secured by the Member’s entire interest in the Company, if applicableArticle XII.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Akorn Inc)

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Payment of Expenses in Advance. Expenses incurred by a Member Member, ------------------------------- Director or officer of the Company in connection with a Proceeding shall be paid by the Company in advance of the final disposition of such Proceeding upon receipt of a written undertaking by or on behalf of such Member Member, Director or officer to repay such amount if it shall ultimately be determined that such Member Member, Director or officer is not entitled to be indemnified by the Company as authorized in this Section 14, with such undertaking being secured by the Member’s entire interest in the Company, if applicableArticle IX.

Appears in 1 contract

Samples: Operating Agreement (Performance Capital Management LLC)

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