(1) A nonprofit 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:
The director furnishes to the nonprofit corporation a written affirmation of the director's good-faith belief that the director has met the standard of conduct described in section 7-129-102;
The director furnishes to the nonprofit corporation a written undertaking, executedpersonally 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
A determination is made that the facts then known to those making the determinationwould not preclude indemnification under this article.
The undertaking required by paragraph (b) of subsection (1) of this section shall bean unlimited general obligation of the director but need not be secured and may be accepted without reference to financial ability to make repayment.
Determinations and authorizations of payments under this section shall be made inthe manner specified in section 7-129-106.
Source: L. 97: Entire article added, p. 703, § 3, effective July 1, 1998.