De Novo Review. In the event that a determination shall have been made pursuant to Article VI of this Agreement that Indemnitee is not entitled to indemnification, any judicial proceeding or arbitration commenced pursuant to this Article VIII shall be conducted in all respects as a de novo trial, or arbitration, on the merits and Indemnitee shall not be prejudiced by reason of that adverse determination. In any such proceeding or arbitration, the Company shall have the burden of proving that Indemnitee is not entitled to indemnification or advancement of Expenses, as the case may be.
Appears in 13 contracts
Samples: Indemnification Agreement (Transwitch Corp /De), Indemnification Agreement (Hologic Inc), Indemnification Agreement (Southwest Casino Corp)
De Novo Review. In the event that a determination shall have been made pursuant to Article VI of this Agreement that Indemnitee is not entitled to indemnification, any judicial proceeding or arbitration commenced pursuant to this Article VIII shall be conducted in all respects as a de novo trial, or arbitration, on the merits and Indemnitee shall not be prejudiced by reason of that adverse determination. In any such proceeding or arbitration, the Company shall have the burden of proving that Indemnitee is not entitled to indemnification or advancement of Expenses, as the case may be.
Appears in 8 contracts
Samples: Indemnification Agreement (Eightco Holdings Inc.), Indemnification Agreement (Global Technologies LTD), Indemnification Agreement (Cryptyde, Inc.)
De Novo Review. In the event that a determination shall have been made pursuant to Article VI of this Agreement that Indemnitee is not entitled to indemnification, any judicial proceeding or arbitration commenced pursuant to this Article VIII shall be conducted in all respects as a de novo trial, or arbitration, on the merits and Indemnitee shall not be prejudiced by reason of that adverse determination. In any such proceeding or arbitration, the Company Corporation shall have the burden of proving that Indemnitee is not entitled to indemnification or advancement of Expenses, as the case may be.
Appears in 4 contracts
Samples: Indemnification Agreement (International Sports Wagering Inc), Indemnification Agreement (Bitstream Inc), Indemnification Agreement (Ayurcore Inc)
De Novo Review. In the event that If a determination shall have been is made pursuant to under Article VI of this Agreement that Indemnitee is not entitled to indemnification, any judicial proceeding adjudication or arbitration commenced pursuant to under this Article VIII shall be conducted in all respects as a de novo trial, or arbitration, on the merits and Indemnitee shall not be prejudiced by reason of that such adverse determination. In any such proceeding adjudication or arbitration, the Company shall have the burden of proving that Indemnitee is not entitled to indemnification or advancement of Expenses, as the case may beindemnification.
Appears in 4 contracts
Samples: Indemnification Agreement (Urt Industries Inc), Indemnification Agreement (Peaches Entertainment Corp), Indemnification Agreement (Urt Industries Inc)
De Novo Review. In the event that a determination shall have been made pursuant to Article VI of this Agreement that Indemnitee is not entitled to indemnification, any judicial proceeding or arbitration commenced pursuant to this Article VIII shall be conducted in all respects as a de novo trial, trial or arbitration, arbitration on the merits and Indemnitee shall not be prejudiced by reason of that adverse determination. In any such proceeding or arbitration, the Company shall have the burden of proving that Indemnitee is not entitled to indemnification or advancement of Expenses, as the case may be.
Appears in 3 contracts
Samples: Indemnification Agreement (Natural Health Trends Corp), Indemnification Agreement (Sinohub, Inc.), Indemnification Agreement (Natural Health Trends Corp)
De Novo Review. In the event that a determination shall have been made pursuant to Article VI of this Agreement that Indemnitee is not entitled to indemnification, any judicial proceeding or arbitration commenced pursuant to this Article VIII shall be conducted in all respects as a de novo DE NOVO trial, or arbitration, on the merits and Indemnitee shall not be prejudiced by reason of that adverse determination. In any such proceeding or arbitration, the Company shall have the burden of proving that Indemnitee is not entitled to indemnification or advancement of Expenses, as the case may be.
Appears in 3 contracts
Samples: Director and Founders Agreement (Aerobic Creations, Inc.), Indemnification Contract (Consygen Inc), Indemnification and Founders Agreement (Aerobic Creations, Inc.)
De Novo Review. In the event that a determination shall have been made pursuant to Article VI of this Agreement that Indemnitee is not entitled to indemnification, any judicial proceeding or arbitration commenced pursuant to this Article VIII shall be conducted in all respects as a de novo trial, or arbitration, trial on the merits and Indemnitee shall not be prejudiced by reason of that adverse determination. In any such proceeding or arbitration, the Company shall have the burden of proving that Indemnitee is not entitled to indemnification or advancement of Expenses, as the case may be.
Appears in 2 contracts
Samples: Indemnification Agreement (Welsbach Technology Metals Acquisition Corp.), Indemnification Agreement (Snap Interactive, Inc)
De Novo Review. In the event that a determination shall have been made pursuant to Article VI ARTICLE V of this Agreement that the Indemnitee is not entitled to indemnification, any judicial proceeding or arbitration commenced pursuant to this Article VIII ARTICLE VII shall be conducted in all respects as a de novo trial, or arbitration, on the merits and the Indemnitee shall not be prejudiced by reason of that adverse determination. determination or by reason of the absence of a determination pursuant to ARTICLE V. In any such proceeding or arbitration, the Company shall have the burden of proving that the Indemnitee is not entitled to indemnification or advancement of Expenses, as the case may be.
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De Novo Review. In the event that a determination shall have been -------------- made pursuant to Article VI of this Agreement that Indemnitee is not entitled to indemnification, any judicial proceeding or arbitration commenced pursuant to this Article VIII shall be conducted in all respects as a de novo trial, or ------- arbitration, on the merits and Indemnitee shall not be prejudiced by reason of that adverse determination. In any such proceeding or arbitration, the Company shall have the burden of proving that Indemnitee is not entitled to indemnification or advancement of Expenses, as the case may be.
Appears in 1 contract
