Undertaking to Repay Advances. Indemnitee undertakes and agrees, if and to the extent required by applicable law, that Indemnitee shall reimburse the Company for all advances of Expenses paid by the Company to Indemnitee under this Agreement with respect to any Proceeding in the event and only to the extent that it shall ultimately be determined that Indemnitee was not entitled to be indemnified under this Agreement with respect to such Proceeding.
Appears in 2 contracts
Samples: Indemnification Agreement (Southwall Technologies Inc /De/), Indemnification Agreement (Burlington Coat Factory Warehouse Corp)
Undertaking to Repay Advances. Indemnitee undertakes and agrees, if and to the extent required by applicable law, that Indemnitee shall reimburse the Company for all advances of Expenses paid by the Company to or for the account of Indemnitee under this Agreement with respect to any Proceeding in the event and only to the extent that it shall ultimately be determined that Indemnitee was not entitled to be indemnified under this Agreement with respect to such Proceeding.
Appears in 2 contracts
Samples: Indemnification Agreement (Delcath Systems Inc), Indemnification Agreement (North Pittsburgh Systems Inc)
Undertaking to Repay Advances. Indemnitee undertakes and agrees, if and to the extent required by applicable law, that Indemnitee shall reimburse the Company for all advances of Expenses paid by the Company to or for the account of Indemnitee under this Agreement with respect to any Proceeding or appeal therefrom in the event and only to the extent that it shall ultimately be determined that Indemnitee was not entitled to be indemnified under this Agreement with respect to such ProceedingProceeding or appeal therefrom.
Appears in 1 contract
Undertaking to Repay Advances. Indemnitee undertakes and agrees, if and to the extent required by applicable law, agrees that Indemnitee shall will reimburse the Company for all advances of Expenses paid by the Company to Indemnitee under this Agreement with respect to any Proceeding in the event and only to the extent that it shall ultimately be determined that Indemnitee was not entitled to be indemnified under this Agreement with respect to such ProceedingAgreement.
Appears in 1 contract
Samples: Officer Indemnification Agreement (Star Scientific Inc)