Claims by Directors and Officers. If a claim for indemnification or advancement of expenses under this Article Tenth is not paid in full within thirty (30) days after a written claim therefor by the Indemnified Person has been received by the Company, the Indemnified Person may file suit to recover the unpaid amount of such claim and, if successful in whole or in part, shall be entitled to be paid the expense of prosecuting such claim. In any such action the Company shall have the burden of proving that the Indemnified Person is not entitled to the requested indemnification or advancement of expenses under applicable law.
Appears in 8 contracts
Samples: Securities Subscription Agreement (SunOpta Inc.), Exchange and Support Agreement (SunOpta Inc.), Voting Trust Agreement (SunOpta Inc.)
Claims by Directors and Officers. If a claim for indemnification or advancement of expenses under this Article Tenth is not paid in full within thirty (30) days after a written claim therefor by the Indemnified Person has been received by the CompanyCorporation, the Indemnified Person may file suit to recover the unpaid amount of such claim and, if successful in whole or in part, shall be entitled to be paid the expense of prosecuting such claim. In any such action the Company Corporation shall have the burden of proving that the Indemnified Person is not entitled to the requested indemnification or advancement of expenses under applicable law.
Appears in 8 contracts
Samples: Investment and Transaction Agreement (Id Systems Inc), Merger Agreement (Tapimmune Inc.), Share Purchase Agreement (Saunders Acquisition Corp)
Claims by Directors and Officers. If a claim for indemnification or advancement of expenses under this Article Tenth is not paid in full within thirty (30) 30 days after a written claim therefor by the Indemnified Person has been received by the CompanyCorporation, the Indemnified Person may file suit to recover the unpaid amount of such claim and, if successful in whole or in part, shall be entitled to be paid the expense of prosecuting such claim. In any such action the Company Corporation shall have the burden of proving that the Indemnified Person is not entitled to the requested indemnification or advancement of expenses under applicable law.
Appears in 4 contracts
Samples: Business Combination Agreement (Spartan Acquisition Corp. III), Divestiture Agreement (Ophthotech Corp.), Stock Purchase Agreement (Planet Technologies, Inc)
Claims by Directors and Officers. If a claim for indemnification or advancement of expenses under this Article Tenth VII is not paid in full within thirty (30) 30 days after a written claim therefor by the Indemnified Person has been received by the CompanyCorporation, the Indemnified Person may file suit to recover the unpaid amount of such claim and, if successful in whole or in part, shall be entitled to be paid the expense of prosecuting such claim. In any such action the Company Corporation shall have the burden of proving that the Indemnified Person is not entitled to the requested indemnification or advancement of expenses under applicable law.
Appears in 3 contracts
Samples: Merger Agreement (Acamar Partners Acquisition Corp.), Business Combination Agreement (Atlas Holdings, Inc.), Business Combination Agreement (Impax Laboratories Inc)
Claims by Directors and Officers. If a claim for indemnification or advancement of expenses under this Article Tenth VIII is not paid in full within thirty (30) 30 days after a written claim therefor by the Indemnified Person has been received by the CompanyCorporation, the Indemnified Person may file suit to recover the unpaid amount of such claim and, if successful in whole or in part, shall be entitled to be paid the expense of prosecuting such claim. In any such action the Company Corporation shall have the burden of proving that the Indemnified Person is not entitled to the requested indemnification or advancement of expenses under applicable law.
Appears in 3 contracts
Samples: Merger Agreement (iHookup Social, Inc.), Merger Agreement (iHookup Social, Inc.), Articles of Incorporation (Liberator Medical Holdings, Inc.)
Claims by Directors and Officers. If a claim for indemnification or advancement of expenses under this Article Tenth IX is not paid in full within thirty (30) 30 days after a written claim therefor by the Indemnified Person has been received by the CompanyCorporation, the Indemnified Person may file suit to recover the unpaid amount of such claim and, if successful in whole or in part, shall be entitled to be paid the expense of prosecuting such claim. In any such action action, the Company Corporation shall have the burden of proving that the Indemnified Person is not entitled to the requested indemnification or advancement of expenses under applicable law.
Appears in 2 contracts
Samples: Merger Agreement (CarLotz, Inc.), Merger Agreement (Shift Technologies, Inc.)
Claims by Directors and Officers. If a claim for indemnification or advancement of expenses under this Article Tenth Ninth is not paid in full within thirty (30) 30 days after a written claim therefor by the Indemnified Person has been received by the CompanyCorporation, the Indemnified Person may file suit to recover the unpaid amount of such claim and, if successful in whole or in part, shall be entitled to be paid the expense of prosecuting such claim. In any such action the Company Corporation shall have the burden of proving that the Indemnified Person is not entitled to the requested indemnification or advancement of expenses under applicable law.
Appears in 2 contracts
Samples: Merger Agreement (BTRS Holdings Inc.), Merger Agreement (Acamar Partners Acquisition Corp.)
Claims by Directors and Officers. If a claim for indemnification or advancement of expenses under this Article Tenth Eleventh is not paid in full within thirty (30) days after a written claim therefor by the Indemnified Person has been received by the CompanyCorporation, the Indemnified Person may file suit to recover the unpaid amount of such claim and, if successful in whole or in part, shall be entitled to be paid the expense of prosecuting such claim. In any such action the Company Corporation shall have the burden of proving that the Indemnified Person is not entitled to the requested indemnification or advancement of expenses under applicable law.
Appears in 2 contracts
Samples: Investment and Transaction Agreement (Id Systems Inc), Investment and Transaction Agreement (Id Systems Inc)
Claims by Directors and Officers. If a claim for indemnification or advancement of expenses under this Article Tenth Eleventh is not paid in full within thirty (30) 30 days after a written claim therefor by the Indemnified Person has been received by the CompanyCorporation, the Indemnified Person may file suit to recover the unpaid amount of such claim and, if successful in whole or in part, shall be entitled to be paid the expense of prosecuting such claim. In any such action the Company Corporation shall have the burden of proving that the Indemnified Person is not entitled to the requested indemnification or advancement of expenses under applicable law.
Appears in 2 contracts
Samples: Warrant Agreement (Seres Therapeutics, Inc.), Series D Preferred Stock Purchase Agreement (Seres Therapeutics, Inc.)
Claims by Directors and Officers. If a claim for indemnification or advancement of expenses under this Article Tenth is not paid in full within thirty (30) days after a written claim therefor by the Indemnified Person has been received by the CompanyCorporation, the Indemnified Person may file suit to recover the unpaid amount of such claim and, if successful in whole or in part, shall be entitled to be paid the expense of prosecuting such claim. In any such action action, the Company Corporation shall have the burden of proving that the Indemnified Person is not entitled to the requested indemnification or advancement of expenses under applicable law.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Gi Dynamics, Inc.)
Claims by Directors and Officers. If a claim for indemnification or advancement of expenses under this Article Tenth V is not paid in full within thirty (30) 30 days after a written claim therefor by the Indemnified Person has been received by the CompanyCorporation, the Indemnified Person may file suit to recover the unpaid amount of such claim and, if successful in whole or in part, shall be entitled to be paid the expense of prosecuting such claim. In any such action the Company Corporation shall have the burden of proving that the Indemnified Person is not entitled to the requested indemnification or advancement of expenses under applicable law.
Appears in 1 contract
Claims by Directors and Officers. If a claim for indemnification or advancement of expenses Expenses under this Article Tenth Seventh is not paid in full within thirty (30) days after a written claim therefor by the Indemnified Person has been received by the CompanyCorporation, the Indemnified Person may file suit to recover the unpaid amount of such claim and, if successful in whole or in part, shall be entitled to be paid the expense of prosecuting such claim. In any such action the Company Corporation shall have the burden of proving that the Indemnified Person is not entitled to the requested indemnification or advancement of expenses Expenses under applicable law.
Appears in 1 contract
Samples: Merger Agreement (Allovir, Inc.)
Claims by Directors and Officers. If a claim for indemnification or advancement of expenses under this Article Tenth Eighth is not paid in full within thirty (30) 30 days after a written claim therefor by the Indemnified Person has been received by the CompanyCorporation, the Indemnified indemnified Person may file suit to recover the unpaid amount of such claim and, if successful in whole or in part, shall be entitled to be paid the expense of prosecuting such claim. In any such action the Company Corporation shall have the burden of proving that the Indemnified Person is not entitled to the requested indemnification or advancement of expenses under applicable law. 4.
Appears in 1 contract
Samples: Merger Agreement (Neogenomics Inc)
Claims by Directors and Officers. If a claim for indemnification or advancement of expenses under this Article Tenth is not paid in full within thirty (30) 30 days after a written claim therefor by the Indemnified Person has been received by the CompanyCorporation, the Indemnified Person may file suit to recover the unpaid amount of such claim and, if successful in whole or in part, shall be entitled to be paid the expense of prosecuting such claim. In any such action the Company Corporation shall have the burden of proving that the Indemnified Person is not entitled to the requested indemnification or advancement of expenses under applicable law.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (CS Financing CORP)
Claims by Directors and Officers. If a claim for indemnification or advancement of expenses under this Article Tenth XI is not paid in full within thirty (30) days after a written claim therefor by the Indemnified Person has been received by the CompanyCorporation, the Indemnified Person may file suit to recover the unpaid amount of such claim and, if successful in whole or in part, shall be entitled to be paid the expense of prosecuting such claim. In any such action the Company Corporation shall have the burden of proving that the Indemnified Person is not entitled to the requested indemnification or advancement of expenses under applicable law.
Appears in 1 contract
Samples: Facility Agreement (Kempharm, Inc)
Claims by Directors and Officers. If a claim for indemnification or advancement of expenses under this Article Tenth Seventh is not paid in full within thirty (30) days after a written claim therefor by the Indemnified Person has been received by the CompanyCorporation, the Indemnified Person may file suit to recover the unpaid amount of such claim and, if successful in whole or in part, shall be entitled to be paid the expense of prosecuting such claim. In any such action the Company Corporation shall have the burden of proving that the Indemnified Person is not entitled to the requested indemnification or advancement of expenses under applicable law.
Appears in 1 contract
Samples: Merger Agreement (Arsanis, Inc.)
Claims by Directors and Officers. If a claim for indemnification or advancement of expenses under this Article Tenth Eighth is not paid in full within thirty (30) days after a written claim therefor by the Indemnified Person has been received by the CompanyCorporation, the Indemnified Person may file suit to recover the unpaid amount of such claim and, if successful in whole or in part, shall be entitled to be paid the expense of prosecuting such claim. In any such action the Company Corporation shall have the burden of proving that the Indemnified Person is not entitled to the requested indemnification or advancement of expenses under applicable law.
Appears in 1 contract
Samples: Investment and Transaction Agreement (Id Systems Inc)
