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: Amending Agreement (SunOpta Inc.), Voting Trust 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), Voting and Lock Up Agreement (Tapimmune Inc.), Share Purchase Agreement (Franklin Electronic Publishers 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 4 contracts
Samples: Business Combination Agreement and Plan of Reorganization (Spartan Acquisition Corp. III), Divestiture Agreement (Ophthotech Corp.), Adoption 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: Agreement and Plan of Merger (Acamar Partners Acquisition Corp.), Business Combination Agreement (Atlas Holdings, Inc.), Limited Liability Company 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: Agreement and Plan of Merger and Reorganization (iHookup Social, Inc.), Agreement and Plan of Merger and Reorganization (iHookup Social, Inc.), Liberator Medical Holdings, 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: Investors’ Rights Agreement (Seres Therapeutics, Inc.), Adoption Agreement (Seres Therapeutics, 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: Agreement and Plan of Merger (BTRS Holdings Inc.), Agreement and Plan of Merger (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 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: Agreement and Plan of Merger (CarLotz, Inc.), Agreement and Plan of Merger (Shift Technologies, Inc.)
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 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
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
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)
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
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 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)
