Upon written request by a director or officer who is a party to a pro- ceeding, a bank may pay or reimburse his or her reasonable expenses as incurred if the director or officer provides the bank with all of the following: (1) AFFIRMATION OF GOOD FAITH BELIEF. A written affirmation of his or her good faith belief that he or she has not breached or failed to perform his or her duties to the bank. (2) UNDERTAKING TO REPAY. A written undertaking, executed personally or on his or her behalf, to repay the allowance and, if required by the bank, to pay reasonable interest on the allowance to the extent that it is ultimately determined under s. 221.0631 that indemnification under s. 221.0627 (2) is not required and that indemnification is not ordered by a court under s. 221.0630 (2) (b). The undertaking under this subsection shall be an unlimited general obligation of the director or officer and may be accepted without reference to his or her ability to repay the allowance. The undertaking may be secured or unsecured.
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