Common use of Prepayment of Expenses Clause in Contracts

Prepayment of Expenses. To the extent not prohibited by applicable law, the Company shall pay the expenses (including reasonable attorneys’ fees) incurred by a Covered Person in defending any Claim in advance of its final disposition; provided, however, that, to the extent required by applicable law, such payment of expenses in advance of the final disposition of such Claim shall be made only upon receipt of an undertaking by such Covered Person to repay all amounts advanced if it should be ultimately determined that such Covered Person is not entitled to be indemnified under this ARTICLE VI or otherwise.

Appears in 5 contracts

Samples: Investor Rights Agreement (Infrastructure & Energy Alternatives, Inc.), Investor Rights Agreement (Infrastructure & Energy Alternatives, Inc.), Investor Rights Agreement (Infrastructure & Energy Alternatives, Inc.)

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Prepayment of Expenses. To The Corporation shall to the fullest extent not prohibited by applicable law, the Company shall pay the expenses (including reasonable attorneys’ fees) incurred by a Covered Person in defending or otherwise participating in any Claim proceeding in advance of its final disposition; provided, however, that, to the extent required by applicable law, such payment of expenses in advance of the final disposition of such Claim the proceeding shall be made only upon receipt of an undertaking by such the Covered Person to repay all amounts advanced if it should be ultimately determined that such the Covered Person is not entitled to be indemnified under this ARTICLE Article VI or otherwise.

Appears in 2 contracts

Samples: Business Combination Agreement (Maquia Capital Acquisition Corp), Business Combination Agreement (Maquia Capital Acquisition Corp)

Prepayment of Expenses. To The corporation shall to the fullest extent not prohibited by applicable law, the Company shall law pay the expenses (including reasonable attorneys' fees) incurred by a Covered Person in defending any Claim proceeding in advance of its final disposition; , provided, however, that, to the extent required by applicable law, such payment of expenses in advance of the final disposition of such Claim the proceeding shall be made only upon receipt of an undertaking by such the Covered Person to repay all amounts advanced if it should be ultimately determined that such the Covered Person is not entitled to be indemnified under this ARTICLE Article VI or otherwise.

Appears in 2 contracts

Samples: Merger Agreement (Cas Medical Systems Inc), Merger Agreement (Celldex Therapeutics, Inc.)

Prepayment of Expenses. To the extent not prohibited by applicable law, the Company Corporation shall pay the expenses (including reasonable attorneys’ fees) incurred by a Covered Person in defending any Claim in advance of its final disposition; provided, however, that, to the extent required by applicable law, such payment of expenses in advance of the final disposition of such Claim shall be made only upon receipt of an undertaking by such Covered Person to repay all amounts advanced if it should be ultimately determined that such Covered Person is not entitled to be indemnified under this ARTICLE VI or otherwise.

Appears in 2 contracts

Samples: Stockholders Agreement (PlayAGS, Inc.), Shareholder Agreement (PlayAGS, Inc.)

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Prepayment of Expenses. To The Corporation shall to the fullest extent not prohibited by applicable law, the Company shall law pay the expenses (including reasonable attorneys’ fees) incurred by a Covered Person in defending any Claim proceeding in advance of its final disposition; provided, however, that, to the extent required by applicable law, such payment of expenses in advance of the final disposition of such Claim the proceeding shall be made only upon receipt of an undertaking by such the Covered Person to repay all amounts advanced if it should be ultimately determined that such the Covered Person is not entitled to be indemnified under this ARTICLE Article VI or otherwise.

Appears in 1 contract

Samples: Merger Agreement (Bowater Inc)

Prepayment of Expenses. To The corporation shall to the fullest extent not prohibited by applicable law, the Company shall law pay the expenses (including reasonable attorneys’ fees) incurred by a Covered Person in defending any Claim proceeding in advance of its final disposition; , provided, however, that, to the extent required by applicable law, such payment of expenses in advance of the final disposition of such Claim the proceeding shall be made only upon receipt of an undertaking by such the Covered Person to repay all amounts advanced if it should be ultimately determined that such the Covered Person is not entitled to be indemnified under this ARTICLE Article VI or otherwise.

Appears in 1 contract

Samples: Merger Agreement (Curagen Corp)

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