Determination; Claim. If a claim for indemnification or payment of expenses under this Article IX is not paid in full within sixty days after a written claim therefor has been received by the corporation the claimant 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 corporation shall have the burden of proving that the claimant was not entitled to the requested indemnification or payment of expenses under applicable law.
Appears in 2 contracts
Samples: Loan and Security Agreement (Cytokinetics Inc), Loan and Security Agreement (Sunesis Pharmaceuticals Inc)
Determination; Claim. If a claim for indemnification or payment advancement of expenses under this Article IX Section 9 is not paid in full within sixty 60 days after a written claim therefor has been received by the corporation corporation, the claimant 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 suit, the corporation shall have the burden of proving that the claimant was not entitled to the requested indemnification or payment advancement of expenses under applicable law.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Optimer Pharmaceuticals Inc), Agreement and Plan of Merger (Cubist Pharmaceuticals Inc)
Determination; Claim. If a claim for indemnification or payment of expenses under this Article IX 8 is not paid in full within sixty days after a written claim therefor has been received by the corporation Company the claimant 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 corporation Company shall have the burden of proving that the claimant was not entitled to the requested indemnification or payment of expenses under applicable law.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Dell Inc), Limited Liability Company Agreement (Dell Inc)
Determination; Claim. If a claim for indemnification or payment of expenses under this Article IX 8 is not paid in full within sixty days after a written claim therefor has been received by the corporation Company the claimant 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 corporation Company shall have the burden of proving that the claimant was not entitled to the requested indemnification or payment of expenses under this Agreement or applicable law.
Appears in 1 contract
