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Chancery Rules Corporation Cannot Offset Wife's Recoupment Against Husband's Advancement Simply Because the Pair Signed a Single Undertaking | Morris James LLP

Section 145 of DGCL permits corporations to grant advancement rights to persons who may be entitled to indemnification so that they may fund covered litigation costs pending indemnification. As part of this right, the DGCL also requires these individuals to undertake to repay the corporation if the advanced expenses ultimately prove not to be indemnifiable. In this case, the Court clarifies that two individuals who are married and execute the same undertaking nonetheless retain their individual...
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