Expenses

Expenses. Shall include, without limitation, damages, judgments, fines, penalties, settlements and costs, attorneys' fees and disbursements and costs of attachment or similar bond, investigations, and any other expenses paid or incurred in connection with investigating, defending, being a witness in, participating in (including on appeal), or preparing for any of the foregoing in, any Proceeding.

Expenses. For purposes of this Agreement, the term "Expenses" shall include any and all direct and indirect costs (including all reasonable and customary attorneys', witness, or other professional fees and related disbursements, and other reasonable out-of-pocket costs) actually and reasonably incurred by Indemnitee in connection with the investigation, defense, settlement or appeal of a proceeding or establishing or enforcing a right to indemnification under this Agreement, the Code or otherwise.

Expenses. Any and all fees, costs, expenses and liabilities (including collections costs and reasonable attorneys' fees) incurred by PLC in protecting or enforcing its rights under this Agreement, the Note or in any Collateral, or securing the Lessee's obligations under any pledged Lease.

Expenses. Shall mean any and all reasonable third-party fees, including reasonable attorneys' fees and related costs or expenses, fees, costs and expenses of any other professionals or consultants, and all other costs and expenses of any kind necessarily incurred by or assessed to Assignor after the Effective Date (as defined below) arising out of or relating in any way to the Nevada Litigation, or the investigation, assertion or prosecution by Assignee of any Assigned Claim. Without limiting the... generality or scope of the foregoing, Expenses shall not include the value of any time required to be devoted by any employees, directors, or other representatives (current or former) of Assignor in connection with the Nevada Litigation or an Assigned Claim. By way of example only, Expenses include time spent by third-party professionals, including attorneys, on behalf of Assignor in responding to any discovery requests or participating in any proceeding with regard to an Assigned Claim and the fees and expenses of any attorney(s) retained by Assignor to represent Assignor or its employees, directors, or representatives (current or former) in connection with the Nevada Litigation or an Assigned Claim. For the avoidance of doubt, the term "Expenses" is to be broadly construed to protect Assignor from bearing any third party fees, costs or expenses, including reasonable attorney's fees, in connection with the Nevada Litigation or any Assigned Claim after the Effective Date. Notwithstanding the above, Assignor shall not be entitled to any Expenses related to monitoring or reviewing the Nevada Litigation or Assigned Claim, or other Expenses it occurs voluntarily and Assignor shall not be entitled to any Expenses for defending counterclaims for which Assignee is indemnifying Assignor (even if counterclaims were satisfied with insurance proceeds). View More

Expenses. For purposes of this Agreement, "Expenses" means all reasonable and reasonably documented direct and indirect costs of any type or nature whatsoever (including, without limitation, all attorneys' fees and related disbursements, and other out-of-pocket costs) actually paid or incurred by Indemnitee in connection with the investigation, defense or appeal of, or being a witness or otherwise involved in (i) a Proceeding (as defined below), or establishing or enforcing a right to indemnification... under this Agreement, Section 145 or otherwise; provided, however, that Expenses shall not include any judgments, fines, taxes (including ERISA or other benefit plan related excise taxes or penalties) or amounts paid in settlement of a Proceeding; (ii) any appeal resulting from any Proceeding, including without limitation the premium, security for, and other costs relating to any cost bond, supersedeas bond, or other appeal bond or its equivalent; or (iii) recovery under any directors and officers liability insurance policies or other applicable insurance policies maintained by the Company, regardless of whether Indemnitee is ultimately determined to be entitled to such indemnification, advancement of Expenses or insurance recovery, as the case may be. View More

Expenses. Means any and all direct and indirect costs and expenses, judgments, fines, penalties, sanctions and amounts paid in settlement (if such settlement is approved in advance by Company) of any Claim regarding or arising from an Indemnity Event. For purposes hereof, the term Expenses includes attorneys' fees and all other costs, expenses and obligations incurred by Indemnitee in connection with investigating, defending, appearing as a witness in or otherwise participating in (including any appeal)... any action, suit, proceeding, alternative dispute proceeding, hearing, inquiry or investigation involving any Claim regarding or arising from an Indemnity Event. View More

Expenses. Shall include, without limitation, (a) all reasonable direct and indirect costs incurred, paid or accrued, (b) all reasonable attorneys' fees, retainers, court costs, transcripts, fees of experts, witness fees, travel expenses, food and lodging expenses while traveling, duplicating costs, printing and binding costs, telephone charges, postage, delivery service, freight or other transportation fees and expenses, any federal, state, local, or foreign taxes imposed on Indemnitee as a result of the... actual or deemed receipt of payments under this Agreement and other excise taxes and penalties and (c) all other reasonable disbursements and out-of-pocket expenses of the types customarily incurred in connection with prosecuting, defending, preparing to prosecute or defend, investigating, being or preparing to be a witness in, or otherwise participating in, a Proceeding and (d) amounts paid in settlement, to the extent not prohibited by Delaware Law. Expenses also shall include (i) Expenses incurred in connection with any appeal resulting from any Proceeding, including without limitation the premium, security for, and other costs relating to any cost bond, supersede as bond, or other appeal bond or its equivalent, and (ii) Expenses incurred by Indemnitee in connection with the interpretation, enforcement or defense of Indemnitee's rights under this Agreement, by litigation or otherwise. View More

Expenses. Includes all direct and indirect costs of any type or nature whatsoever (including, without limitation, all attorneys' fees, related disbursements, retainers, court costs, transcripts, fees of experts, witness fees, travel expenses, duplicating costs, printing and binding costs, telephone charges, postage, delivery service fees, and all other disbursements or expenses and other out-of-pocket costs) actually and reasonably incurred by the Indemnitee in connection with the investigation,... prosecution, defense, preparation to prosecute or defend or appeal (including the premium, security for, and other costs relating to any cost bond, supersede as bond, or other appeal bond or its equivalent) of a proceeding, being or preparing to be a witness in, or otherwise participating in, a proceeding or establishing or enforcing a right to indemnification or advancement of expenses under this Agreement, the Company's Certificate of Incorporation, Bylaws, the DGCL or otherwise. View More

Expenses. Include all attorneys' fees, retainers, court costs, transcript costs, fees of experts, witness fees, travel expenses, duplicating costs, printing and binding costs, telephone charges, postage, delivery service fees, and all other disbursements or expenses of the types customarily incurred in connection with prosecuting, defending, preparing to prosecute or defend, investigating, or being or preparing to be a witness in a Proceeding, and shall be deemed to include in addition to the foregoing a... charge for Indemnitee's own time in connection therewith at a hourly rate that would be charged for his or her time as an expert witness or corporate consultant, whichever is greater View More

Expenses. Shall include, without limitation, any and all expenses, fees, costs, charges, attorneys' and experts' fees and disbursements, transcript costs, travel expenses, duplicating, printing and binding costs, telephone charges, other out-of-pocket costs, reasonable compensation for time spent by the Executive in connection with the Action for which he or she is not otherwise compensated by the Company, any Affiliate, any third party or other entity, and any and all other direct and indirect costs... incurred in connection with investigating, defending, being a witness in or participating in (including on appeal), or preparing to defend, be a witness or participate in any Action. Expenses also shall include (i) Expenses incurred in connection with any appeal resulting from any Action, including without limitation the premium, security for, and other costs relating to any cost bond, supersedeas bond, or other appeal bond or its equivalent, and (ii) for purposes of Paragraph 1F only, Expenses incurred by the Executive in connection with the interpretation, enforcement or defense of the Executive's rights under this Agreement, by litigation or otherwise. Expenses, however, shall not include amounts paid in settlement by the Executive or the amount of judgments or fines against the Executive. The parties agree that for the purposes of any advancement of Expenses for which the Executive has made written demand to the Company in accordance with this Agreement, all Expenses included in such demand that are certified by affidavit of the Executive's counsel as being reasonable shall be presumed conclusively to be reasonable. View More