[§414-177]  Payment of expenses.  Ontermination of the derivative proceeding the court may:

(1)  Order the corporation to pay the plaintiff'sreasonable expenses (including counsel fees) incurred in the proceeding if itfinds that the proceeding has resulted in a substantial benefit to thecorporation;

(2)  Order the plaintiff to pay any defendant'sreasonable expenses (including counsel fees) incurred in defending theproceeding if it finds that the proceeding was commenced or maintained withoutreasonable cause or for an improper purpose; or

(3)  Order a party to pay an opposing party'sreasonable expenses (including counsel fees) incurred because of the filing ofa pleading, motion, or other paper, if it finds that the pleading, motion, orother paper was not well-grounded in fact, after reasonable inquiry, orwarranted by existing law or a good faith argument for the extension,modification, or reversal of existing law and was interposed for an improperpurpose, such as to harass or cause unnecessary delay or needless increase inthe cost of litigation. [L 2000, c 244, pt of §1]