Undertaking by Indemnitee. Indemnitee hereby undertakes to repay to the Corporation (a) any advances of Expenses pursuant to Section 6 hereof and (b) any judgments, penalties, fines and settlements paid to or on behalf of Indemnitee hereunder, in each case to the extent that it is ultimately determined that Indemnitee is not entitled to indemnification. As a condition to the advancement of such Expenses or the payment of such judgments, penalties, fines and settlements, Indemnitee shall, at the request of the Corporation, execute an acknowledgment that such Expenses or such judgments, penalties, fines and settlements, as the case may be, are delivered pursuant and are subject to the provisions of this Agreement.
Undertaking by Indemnitee. Indemnitee hereby undertakes to repay to the Corporation any advances of Losses pursuant to this Agreement to the extent that it is ultimately determined pursuant to a Final Adjudication that Indemnitee is not entitled to indemnification.
Undertaking by Indemnitee. Indemnitee hereby undertakes to repay to the Company any advances of Expenses pursuant to Section 5 hereof to the extent that it is ultimately determined that Indemnitee is not entitled to indemnification.
Undertaking by Indemnitee. Indemnitee hereby undertakes to repay to the Corporation any advances of Expenses pursuant to Section 3 hereof to the extent that it is ultimately determined that Indemnitee is not entitled to indemnification.
Undertaking by Indemnitee. Indmenitee hereby undertakes to repay to the Company any Expense Advance pursuant to Section 2 to the extent that it is ultimately determined that Indemnitee is not entitled to indemnification in accordance with the provisions of Section 2.
Undertaking by Indemnitee. Indemnitee hereby undertakes to repay to the Company (a) any advances of Expenses pursuant to Section 5 and (b) any other Expenses paid to or on behalf of Indemnitee hereunder, in each case to the extent that it is ultimately determined that Indemnitee is not entitled to indemnification. As a condition to the advancement or payment of Expenses, Indemnitee shall, at the request of the Company, execute an acknowledgment that such advancement or payment is being made pursuant to and is subject to the provisions of this Agreement.
Undertaking by Indemnitee. (a) Indemnitee undertakes and promises to repay to the Company for all advances of Expenses pursuant to Section 6 hereof, (1) in respect of particular Restricted Proceedings if, in respect of those Proceedings (as applicable): (x) Indemnitee is convicted, (y) judgement is given against Indemnitee’ or (z) the court refuses to grant Indemnitee relief on an Application for Relief, and (1) in respect of all other Proceedings, to the extent that it is finally determined that Indemnitee is not entitled to indemnification under this Deed. Any repayment required by clause (i) of this subsection shall be made no later than the date when the conviction, judgement or the refusal of relief (as applicable) becomes final and any repayment otherwise required shall be made no later than 30 days after notice to Indemnitee of the final determination described in clause (ii).
Undertaking by Indemnitee. Indemnitee hereby undertakes to repay to the Company (a) any advances of Expenses pursuant to Section 5 and (b) any other Expenses paid to or on behalf of Indemnitee hereunder, in each case to the extent that it is ultimately determined that Indemnitee is not entitled to indemnification. As a condition to the advancement or payment of Expenses, Indemnitee shall, at the request of the Company, execute an acknowledgment that such advancement or payment is being made pursuant to and is subject to the provisions of this Agreement. Such acknowledgment shall only be based on the language of this Section 7 and no additional or more restrictive conditions may be imposed upon Indemnitee. All advances and payments shall be unsecured and interest-free.
