§ 17-19-853 — Advance for expenses

(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:
(i) The director furnishes the corporation a written
undertaking, executed personally or on the director's behalf, to
repay the advance if the director is not wholly successful; and
(ii) A determination is made that the facts then
known to those making the determination would not preclude
indemnification under this subarticle.
(b) The undertaking required by paragraph (a)(i) of this
section shall 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.