Common use of Right to Advancement of Expenses Clause in Contracts

Right to Advancement of Expenses. (a) In addition to the right to indemnification conferred in Section 6.1, an indemnitee shall, to the fullest extent permitted by law, also have the right to be paid by the Corporation the expenses (including attorneys’ fees) incurred in defending any proceeding in advance of its final disposition (hereinafter an “advancement of expenses”); provided, however, that an advancement of expenses shall be made only upon delivery to the Corporation of an undertaking (hereinafter an “undertaking”), by or on behalf of such indemnitee, to repay all amounts so advanced if it shall ultimately be determined by final judicial decision of a court of competent jurisdiction from which there is no further right to appeal (hereinafter a “final adjudication”) that such indemnitee is not entitled to be indemnified for such expenses under this Article VI or otherwise.

Right to Advancement of Expenses. (a) In addition to the right to indemnification conferred in Section 6.16.02 of this Article VI, an indemnitee shall, shall to the fullest extent permitted not prohibited by law, also the DGCL have the right to be paid by the Corporation the expenses (including attorneys’ fees) incurred in defending any such proceeding in advance of its final disposition (hereinafter an “advancement of expenses”); provided, however, that that, if the DGCL requires, an advancement of expenses shall be made only upon delivery to the Corporation of an undertaking (hereinafter an “undertaking”), by or on behalf of such indemnitee, to repay all amounts so advanced if it shall ultimately be determined by final judicial decision of a court of competent jurisdiction from which there is no further right to appeal (hereinafter a “final adjudication”) that such indemnitee is not entitled to be indemnified for such expenses under this Section 6.03 of Article VI or otherwise.

Right to Advancement of Expenses. (a) In addition to the right to indemnification conferred in Section 6.1, 14.2 an indemnitee Indemnitee shall, to the fullest extent permitted not prohibited by law, also have the right to be paid by the Corporation Company the expenses (including reasonable attorneys’ fees) incurred in defending any such proceeding in advance of its final disposition (hereinafter an “advancement Advancement of expensesExpenses”); provided, however, that an advancement Advancement of expenses Expenses shall be made only upon delivery to the Corporation Company of an undertaking (hereinafter an “undertakingUndertaking”), by or on behalf of such indemniteeIndemnitee, to repay all amounts so advanced if it shall ultimately be determined by final judicial decision of a court of competent jurisdiction from which there is no further right to appeal (hereinafter a “final adjudicationFinal Adjudication”) that such indemnitee Indemnitee is not entitled to be indemnified for such expenses under this Article VI Section 14.3 or otherwise.

Right to Advancement of Expenses. (a) In addition to the right to indemnification conferred in Section ‎Section 6.1, an indemnitee Indemnitee shall, to the fullest extent permitted by law, also have the right to be paid by the Corporation the expenses (including attorneys’ fees) incurred in defending any proceeding Proceeding in advance of its final disposition (hereinafter an “advancement Advancement of expensesExpenses”); , provided, however, that an advancement Advancement of expenses Expenses shall be made only upon delivery to the Corporation of an undertaking (hereinafter an “undertakingUndertaking”), by or on behalf of such indemniteeIndemnitee, to repay all amounts so advanced if it shall ultimately be determined by final judicial decision of a court of competent jurisdiction from which there is no further right to appeal (hereinafter a “final adjudicationFinal Adjudication”) that such indemnitee Indemnitee is not entitled to be indemnified for such expenses under this Article ‎Article VI or otherwise.

Right to Advancement of Expenses. (a) In addition to the right to indemnification conferred in Section 6.1, an indemnitee shall, to the fullest extent permitted by law, also have the right to be paid by the Corporation the expenses (including attorneys’ fees) incurred in defending any proceeding in advance of its final disposition (hereinafter an “advancement of expenses”); provided, however, that an advancement of expenses shall be made only upon delivery to the Corporation of an undertaking (hereinafter an “undertaking”), by or on behalf of such indemnitee, to repay all amounts so advanced if it shall ultimately be determined by final judicial decision of a court of competent jurisdiction from which there is no further right to appeal (hereinafter a “final adjudication”) that such indemnitee is not entitled to be indemnified for such expenses under this Article VI or otherwise.

Right to Advancement of Expenses. (a) In addition to the right to indemnification conferred in Section 6.1, an indemnitee shall, to the fullest extent permitted not prohibited by law, also have the right to be paid by the Corporation the expenses (including attorneys’ fees) incurred in defending any proceeding with respect to which indemnification is required under Section 6.1 in advance of its final disposition (hereinafter an “advancement of expenses”); provided, however, that an advancement of expenses shall be made only upon delivery to the Corporation of an undertaking (hereinafter an “undertaking”), by or on behalf of such indemnitee, to repay all amounts so advanced if it shall ultimately be determined by final judicial decision of a court of competent jurisdiction from which there is no further right to appeal (hereinafter a “final adjudication”) that such indemnitee is not entitled to be indemnified for such expenses under this Article VI Section 6.2 or otherwise.

Right to Advancement of Expenses. (a) In addition to the The right to indemnification conferred in Section 6.1, an indemnitee shall, to the fullest extent permitted by law, also have 1 of this Article shall include the right to be paid by the Corporation corporation the expenses (including attorneys’ fees) incurred in defending any proceeding Proceeding for which such right to indemnification is applicable, in accordance with this Article, in advance of its final disposition (hereinafter an “advancement Advancement of expensesExpenses”); provided, however, that an advancement Advancement of expenses Expenses incurred by an Indemnitee shall be made only upon delivery to the Corporation corporation of an undertaking (hereinafter an “undertakingUndertaking”), by or on behalf of such indemniteeIndemnitee, to repay all amounts so advanced if it shall ultimately be determined by final judicial decision of a court of competent jurisdiction from which there is no further right to appeal (hereinafter a “final adjudicationFinal Adjudication”) that such indemnitee Indemnitee is not entitled to be indemnified for such expenses under this Article VI or otherwise.