Sec. 10. (a) A corporation may pay for or reimburse the reasonable expenses incurred by a director who is a party to a proceeding in advance of final disposition of the proceeding if:
(1) the director furnishes the corporation a written affirmation of the director's good faith belief that the director has met the standard of conduct described in section 8 of this chapter;
(2) the director furnishes the corporation a written undertaking, executed personally or on the director's behalf, to repay the advance if it is ultimately determined that the director did not meet the standard of conduct; and
(3) a determination is made that the facts then known to those making the determination would not preclude indemnification under this chapter.
(b) The undertaking required by subsection (a)(2) must be an unlimited general obligation of the director but need not be secured and may be accepted without reference to financial ability to make repayment.
(c) Determinations and authorizations of payments under this section shall be made in the manner specified in section 12 of this chapter.
As added by P.L.266-1987, SEC.6.
Structure Indiana Code
Article 1. Department of Insurance
Chapter 7.5. Indemnification of Directors
27-1-7.5-1. "Corporation" Defined
27-1-7.5-2. "Director" Defined
27-1-7.5-3. "Expenses" Defined
27-1-7.5-4. "Liability" Defined
27-1-7.5-5. "Official Capacity" Defined
27-1-7.5-7. "Proceeding" Defined
27-1-7.5-8. Conditional Indemnification of Director Against Liability
27-1-7.5-9. Mandatory Indemnification of Director for Expenses Incurred in Successful Defense
27-1-7.5-10. Advancement of Expenses Before Final Disposition; Conditions
27-1-7.5-11. Court Ordered Indemnification; Determination
27-1-7.5-13. Indemnification of Corporate Employees Other Than Directors
27-1-7.5-14. Liability Insurance Purchased and Maintained by Corporation