Common use of Procedure for Advancement Clause in Contracts

Procedure for Advancement. The Corporation shall advance Expenses pursuant to subsection A above within ten (10) business days after the receipt by the Corporation of an Undertaking. Indemnitee hereby agrees to repay any Expenses advanced hereunder if it shall ultimately be determined by a court of competent jurisdiction that such Indemnitee is not entitled to be indemnified against such Expenses. Any advances and the undertaking to repay pursuant to this Article V shall be unsecured and interest free.

Appears in 6 contracts

Samples: Employment Agreement (Gotham Golf Corp), Employment Agreement (Gotham Golf Corp), Employment Agreement (Gotham Golf Corp)

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Procedure for Advancement. The Corporation Company shall advance Expenses pursuant to subsection A above within ten (10) business days after the receipt by the Corporation Company of an Undertaking. Each Indemnitee hereby agrees to repay any Expenses advanced hereunder if it shall ultimately be determined by a court of competent jurisdiction that such Indemnitee is not entitled to be indemnified against such Expenses. Any advances and the undertaking to repay pursuant to this Article V shall be unsecured and bear interest freeat the prime rate for commercial loans as reported from time to time in The Wall Street Journal.

Appears in 3 contracts

Samples: Indemnification Agreement (American Community Properties Trust), Indemnification Agreement (American Community Properties Trust), Indemnification Agreement (American Community Properties Trust)

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Procedure for Advancement. The Corporation shall advance Expenses pursuant to subsection A above within ten (10) business days after the receipt by the Corporation of an Undertaking. Each Indemnitee hereby agrees to repay any Expenses advanced hereunder if it shall ultimately be determined by a court of competent jurisdiction that such Indemnitee is not entitled to be indemnified against such Expenses. Any advances and the undertaking to repay pursuant to this Article V shall be unsecured and interest free.

Appears in 1 contract

Samples: Indemnification Agreement (Burnham Pacific Properties Inc)

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