Undertaking to Repay. The Indemnitee hereby undertakes and agrees to repay to the Corporation any advances made pursuant to this Section 7 if and to the extent that it shall ultimately be determined (in accordance with Section 4 hereof or by final judicial determination from which there is no further right to appeal, as applicable) that the Indemnitee is not entitled to be indemnified by the Corporation for such amounts.
Appears in 5 contracts
Samples: Indemnification Agreement (CLS Holdings USA, Inc.), Indemnification Agreement (CLS Holdings USA, Inc.), Indemnification Agreement (Paradise Inc)
Undertaking to Repay. The Indemnitee hereby undertakes and agrees to repay to the Corporation any advances made pursuant to this Section 7 8 if and to the extent that it shall ultimately be determined (in accordance with Section 4 hereof or by final judicial determination from which there is no further right to appeal, as applicable) found that the Indemnitee is not entitled to be indemnified by the Corporation for such amounts.
Appears in 3 contracts
Samples: Indemnification Agreement (Netspeak Corp), Indemnification Agreement (Sagemark Companies LTD), Indemnification Agreement (Sagemark Companies LTD)
Undertaking to Repay. The Indemnitee hereby undertakes and agrees to repay to the Corporation Company any advances made pursuant to this Section 7 if and to the extent that it a court of competent jurisdiction shall ultimately be determined make a final judgment (in accordance with Section 4 hereof as to which all rights of appeal therefrom have been exhausted or by final judicial determination from which there is no further right to appeal, as applicablelapsed) that the Indemnitee is not entitled to be indemnified by the Corporation Company for such amountsamounts or such advances were in violation of Section 13 hereof.
Appears in 2 contracts
Samples: Indemnification Agreement (Castle Brands Inc), Indemnification Agreement (Pediatrix Medical Group Inc)
Undertaking to Repay. The Indemnitee hereby undertakes and agrees to repay to the Corporation Company any advances made mad e pursuant to this Section 7 if and to the extent that it a court of competent jurisdiction shall ultimately be determined make a final judgment (in accordance with Section 4 hereof as to which all rights of appeal therefrom have been exhausted or by final judicial determination from which there is no further right to appeal, as applicablelapsed) that the Indemnitee is not entitled to be indemnified by the Corporation Company for such amounts.
Appears in 1 contract
Undertaking to Repay. The Indemnitee hereby undertakes and agrees to repay to the Corporation any advances made pursuant to this Section 7 if and to the extent that it shall ultimately be determined found (in accordance with Section 4 hereof or by final judicial determination from which there is no further right to appeal, as applicable) that the Indemnitee is not entitled to be indemnified by the Corporation for such amounts.
Appears in 1 contract
Samples: Indemnification Agreement (Perry Ellis International Inc)