Conclusive Presumption Regarding Standard of Care. In making any determination required to be made under Delaware law with respect to entitlement to indemnification hereunder, the person, persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee submitted a request therefor in accordance with Section 5 of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.
Appears in 55 contracts
Samples: Indemnification Agreement (NeuroMetrix, Inc.), Indemnification Agreement (Plug Power Inc), Indemnification Agreement (Watts Water Technologies Inc)
Conclusive Presumption Regarding Standard of Care. In making any determination required to be made under Delaware law with respect to entitlement to indemnification hereunder, the person, persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee submitted a request therefor in accordance with Section 5 of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity Entity of any determination contrary to that presumption.
Appears in 16 contracts
Samples: Employment Agreement (Adial Pharmaceuticals, Inc.), Employment Agreement (Adial Pharmaceuticals, Inc.), Indemnification Agreement (CervoMed Inc.)
Conclusive Presumption Regarding Standard of Care. In making any determination required to be made under Delaware law or other law with respect to entitlement to indemnification hereunder, the person, persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee submitted a request therefor in accordance with Section 5 of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.
Appears in 8 contracts
Samples: Indemnification Agreement (Marshall Edwards Inc), Indemnification Agreement (Trustwave Holdings, Inc.), Indemnification Agreement (Trustwave Holdings, Inc.)
Conclusive Presumption Regarding Standard of Care. In making any determination required to be made under Delaware law with respect to entitlement to indemnification hereunder, the person, persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee submitted a request therefor in accordance with Section 5 of this Agreement5, and the Company shall have the burden of proof to overcome rebutting that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumptionpresumption in a manner consistent with the 1940 Act.
Appears in 6 contracts
Samples: Indemnification Agreement (Overland Advantage), Indemnification Agreement (Muzinich Corporate Lending Income Fund, Inc.), Indemnification Agreement (Stellus Private Credit BDC)
Conclusive Presumption Regarding Standard of Care. In making any determination required to be made under Delaware law with respect to entitlement to indemnification hereunder, the person, persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee submitted a request therefor in accordance with Section 5 of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.. β
Appears in 5 contracts
Samples: Indemnification Agreement (Watts Water Technologies Inc), Indemnification Agreement (Watts Water Technologies Inc), Indemnification Agreement (Watts Water Technologies Inc)
Conclusive Presumption Regarding Standard of Care. In making any determination required to be made under Delaware law with respect to entitlement to indemnification hereunder, the person, persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee submitted a request therefor in accordance with Section 5 of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons persons, entity, regulatory authority or entity court of any determination contrary to that presumption.
Appears in 3 contracts
Samples: Indemnification Agreement, Indemnification Agreement (Boston Properties LTD Partnership), Indemnification Agreement (Boston Properties LTD Partnership)
Conclusive Presumption Regarding Standard of Care. In making any determination required to be made under Delaware law with respect to entitlement to indemnification hereunder, the person, persons or entity Entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee submitted a request therefor in accordance with Section 5 of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity Entity of any determination contrary to that presumption.
Appears in 2 contracts
Samples: Indemnification Agreement (WII Components, Inc.), Director Indemnification Agreement (PrimeWood, Inc.)
