Undertaking. To the extent that the Corporation advances payment for any fees or expenses to Executive pursuant to this Section 9, such advance shall be accompanied by a written undertaking by Executive to repay such amounts if it shall be ultimately determined by a court of competent jurisdiction in a final disposition, that Executive (i) is not entitled to be indemnified by the Corporation or (ii) that the amount advanced exceeded the indemnification to which he is entitled, in which case the amount of such excess shall be repaid to the Corporation.
Appears in 9 contracts
Samples: Employment Agreement (Humanigen, Inc), Employment Agreement, Employment Agreement (Humanigen, Inc)
Undertaking. To the extent that the Corporation advances payment for any fees or expenses to Executive pursuant to this Section 910, such advance shall be accompanied by a written undertaking by Executive to repay such amounts if it shall be ultimately determined by a court of competent jurisdiction in a final disposition, that Executive (i) is not entitled to be indemnified by the Corporation or (ii) that the amount advanced exceeded the indemnification to which he is entitled, in which case the amount of such excess shall be repaid to the Corporation.
Appears in 5 contracts
Samples: Executive Employment Agreement (Hi Tech Pharmacal Co Inc), Employment Agreement (Hi Tech Pharmacal Co Inc), Executive Employment Agreement (Hi Tech Pharmacal Co Inc)
Undertaking. To the extent that the Corporation Company advances payment for any fees or expenses to the Executive pursuant to this Section 9, such advance shall be accompanied by a written undertaking by the Executive to repay such amounts if it shall be ultimately determined by a court of competent jurisdiction in a final disposition, that the Executive (i) is not entitled to be indemnified by the Corporation Company or (ii) that the amount advanced exceeded the indemnification to which he is entitled, in which case the amount of such excess shall be repaid to the CorporationCompany.
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Undertaking. To the extent that the Corporation advances payment for any fees or expenses to Executive Employee pursuant to this Section 910, such advance shall be accompanied by a written undertaking by Executive Employee to repay such amounts if it shall be ultimately determined by a court of competent jurisdiction in a final disposition, that Executive Employee (i) is not entitled to be indemnified by the Corporation or (ii) that the amount advanced exceeded the indemnification to which he is entitled, in which case the amount of such excess shall be repaid to the Corporation.
Appears in 1 contract
Undertaking. To the extent that the Corporation advances payment for any fees or expenses to Executive pursuant to this Section 9, such advance shall be accompanied by a written undertaking by Executive to repay such amounts if it shall be ultimately determined by a court of competent jurisdiction in a final disposition, that Executive (i) is not entitled to be indemnified by the Corporation or (ii) that the amount advanced exceeded the indemnification to which he is entitled, in which case the amount of such excess shall be repaid to the Corporation.or
Appears in 1 contract
Samples: Employment Agreement
Undertaking. To the extent that the Corporation advances payment for any fees or expenses to Executive Employee pursuant to this Section 911, such advance shall be accompanied by a written undertaking by Executive Employee to repay such amounts if it shall be ultimately determined by a court of competent jurisdiction in a final disposition, that Executive Employee (i) is not entitled to be indemnified by the Corporation or (ii) that the amount advanced exceeded the indemnification to which he is entitled, in which case the amount of such excess shall be repaid to the Corporation.
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