10-746

10-746. Payment of expenses

On termination of the derivative proceeding the court may either:

1. Order the corporation to pay the plaintiff's reasonable expenses, including
attorney fees, incurred in the proceeding if it finds that the proceeding has resulted in
a substantial benefit to the corporation.

2. Order the plaintiff to pay any defendant's reasonable expenses, including
attorney fees, incurred in defending the proceeding if it finds that the proceeding was
commenced or maintained without reasonable cause or for an improper purpose.

3. Order a party to pay an opposing party's reasonable expenses, including attorney
fees, incurred because of the filing of any pleading, motion or other paper, if it finds
that the pleading, motion or other paper was not well grounded in fact, after reasonable
inquiry, or warranted by existing law or a good faith argument for the extension,
modification or reversal of existing law and was interposed for an improper purpose, such
as to harass or to cause unnecessary delay or needless increase in the cost of
litigation.