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Summaries and analysis of recent Delaware court decisions concerning business-related litigation.
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Court Of Chancery Denies Advancement “As Incurred”
Posted In Indemnification
HOMF II Investment Corp v. Altenberg, C.A.2017-0293-JTL (Transcript December 13, 2017)
A provision in an LLC agreement that provides for “indemnification" “as incurred” does not provide for advancement. This illustrates that the confusion between advancement and indemnification still exists. If you want advancement, you had better say “advancement.”
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