The Court, after considering the language of the plaintiff’s by-laws, § 145(e) of the Delaware General Corporation Law, both parties’ course of performance, and the common definition of the language “final disposition of such action, suit, or proceeding”, concluded that such language meant the final non-appealable conclusion to the proceeding at issue, and that plaintiff had to advance defendants’ fees and expenses of litigation under an advancement provision in its by-laws until such time.
