Presumption. The termination of a proceeding by judgment, order, settlement or conviction or upon a plea of nolo contendere or its equivalent shall not of itself create a presumption that the indemnified representative is not entitled to indemnification.
Appears in 50 contracts
Samples: Operating Agreement and Bylaws, Limited Liability Company Agreement (Entercom Springfield, LLC), Limited Liability Company Agreement (Entercom Springfield, LLC)
Presumption. The termination of a proceeding by judgment, order, settlement or conviction or upon a plea of nolo contendere contendre or its equivalent shall not of itself create a presumption that the indemnified representative is not entitled to indemnification.
Appears in 2 contracts
Samples: Merger Agreement (Marlin Business Services Corp), Merger Agreement (Blue Ridge Real Estate Co)
Presumption. The termination of a proceeding Proceeding by judgment, order, settlement or conviction or upon a plea of nolo contendere or its equivalent shall not of itself create a presumption that the indemnified representative Indemnified Representative is not entitled to indemnification.
Appears in 2 contracts
Samples: Operating Agreement (Scantek Medical Inc), Distribution Agreement (Scantek Medical Inc)
Presumption. The termination of a proceeding by judgment, order, settlement or conviction or upon a plea of nolo contendere or its equivalent shall not of itself create a presumption that the indemnified representative is not entitled to indemnificationindemnification under this Section 10.01(a).
Appears in 2 contracts
Samples: Co Investment Agreement (Western Multiplex Corp), Employment and Co Investment Agreement (Western Multiplex Corp)
Presumption. The termination of a proceeding by judgment, order, settlement or conviction or upon a plea of nolo contendere or its equivalent shall not of itself create a presumption that the indemnified representative is not entitled to indemnificationindemnification under this Section 11.01.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Asbury Automotive Group Inc)
Presumption. The termination of a proceeding by judgment, order, settlement or conviction or upon a plea of nolo contendere or its equivalent shall not of itself create a presumption that the indemnified representative Indemnified Representative is not entitled to indemnification.
Appears in 1 contract
Presumption. The termination of a proceeding by judgment, order, ----------- settlement or conviction or upon a plea of nolo contendere or its equivalent --------------- shall not of itself create a presumption that the indemnified representative is not entitled to indemnification.
Appears in 1 contract
Samples: By Laws (Commercial Aggregates Transportation & Sales LLC)
Presumption. The termination of a proceeding Proceeding (as defined herein) by judgment, order, settlement or conviction or upon a plea of nolo contendere or its equivalent shall not of itself create a presumption that the indemnified representative Indemnified Representative is not entitled to indemnificationindemnification.
Appears in 1 contract
Samples: Membership Agreement
Presumption. The termination of a proceeding by judgment, order, settlement or conviction or upon a plea of nolo contendere or its equivalent shall not of itself create a presumption that the indemnified representative is not entitled to indemnificationindemnification under this Section 9.02(c).
Appears in 1 contract
Samples: Limited Liability Company Agreement (Montana Technologies Corp.)