De Novo Trial. In the event that the Determining Body determines that Indemnitee is not entitled to indemnification pursuant to Article 6, any judicial proceeding commenced pursuant to Section 8.1 shall be conducted in all respects as a de novo trial on the merits, in which (i) Indemnitee shall not be prejudiced by reason of the Determining Body’s finding; and (ii) the Company shall bear the burden of proving that Indemnitee is not entitled to indemnification.
Appears in 2 contracts
Samples: Indemnification Agreement (Aeries Technology, Inc.), Indemnification Agreement (Tidewater Inc)
De Novo Trial. In the event that the Determining Body determines that Indemnitee is not entitled to indemnification pursuant to Article ARTICLE 6, any judicial proceeding commenced pursuant to Section 8.1 shall be conducted in all respects as a de novo trial on the merits, in which (i) Indemnitee shall not be prejudiced by reason of the Determining Body’s finding; and (ii) the Company shall bear the burden of proving that Indemnitee is not entitled to indemnification.
Appears in 2 contracts
Samples: Indemnification Agreement (Stardust Power Inc.), Indemnification Agreement (Global Partner Acquisition Corp II)
