Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 206 contracts
Samples: Indemnification Agreement (Future of Housing Fund, Inc.), Indemnification Agreement (Ares Strategic Income Fund), Indemnification Agreement (Ares Strategic Income Fund)
Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome overcoming that presumption in connection with the making of any determination contrary to that presumption.
Appears in 145 contracts
Samples: Indemnification Agreement (Armada Hoffler Properties, Inc.), Form of Indemnification Agreement (BIP Ventures Evergreen BDC), Form of Indemnification Agreement (BIP Evergreen Venture Fund)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a9(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 114 contracts
Samples: Indemnification Agreement (Willow Tree Capital Corp), Form of Indemnification Agreement (X1 Capital Inc.), Indemnification Agreement (MONROE CAPITAL Corp)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or person, persons or entity making such determination shall shall, to the fullest extent not prohibited by law, presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall shall, to the fullest extent not prohibited by law, have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 109 contracts
Samples: Indemnification Agreement (Adagio Medical Holdings, Inc.), Indemnification Agreement (OneStream, Inc.), Indemnification Agreement (OneStream, Inc.)
Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity (including any court having jurisdiction over the matter) making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome overcoming that presumption in connection with the making of any determination contrary to that presumption.
Appears in 81 contracts
Samples: Indemnification Agreement (Lineage, Inc.), Indemnification Agreement (5C Lending Partners Corp.), Indemnification Agreement (Sunrise Realty Trust, Inc.)
Presumptions and Effect of Certain Proceedings. (a) In To the extent permitted by applicable law, in making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination it shall presume be presumed that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a9(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 78 contracts
Samples: Form of Director Indemnification Agreement (Dianthus Therapeutics, Inc. /DE/), Form of Indemnification Agreement (Fifth Wall Acquisition Corp. III), Form of Indemnification Agreement (Fifth Wall Acquisition Corp. II)
Presumptions and Effect of Certain Proceedings. (a) In To the extent permitted by applicable law, in making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination it shall presume be presumed that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a9(a) of this Agreement, and the Company shall have the burden of proof and the burden of persuasion by clear and convincing evidence to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 75 contracts
Samples: Indemnification Agreement (Rapport Therapeutics, Inc.), Indemnification Agreement (Cerence Inc.), ] Indemnification Agreement (Brightcove Inc)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or person, persons or entity making such determination shall shall, to the fullest extent not prohibited by law, presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall shall, to the fullest extent not prohibited by law, have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumptionby clear and convincing evidence.
Appears in 72 contracts
Samples: Indemnification Agreement (Alumis Inc.), Indemnification Agreement (Rubrik, Inc.), Indemnification Agreement (Silk Road Medical Inc)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person Person or persons or entity Persons making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of Agreement. Anyone seeking to overcome this Agreement, and the Company presumption shall have the burden of proof to overcome that presumption in connection with and the making burden of any determination contrary to that presumptionpersuasion by clear and convincing evidence.
Appears in 44 contracts
Samples: Indemnification Agreement (Diversified Healthcare Trust), Indemnification Agreement (Diversified Healthcare Trust), Indemnification Agreement (Office Properties Income Trust)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunderindemnification, the person or persons or entity making such determination Indemnitee shall presume that Indemnitee is be presumed to be entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, hereunder and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that such presumption.
Appears in 40 contracts
Samples: Form of Indemnification Agreement (Ani Pharmaceuticals Inc), Executive Employment Agreement (Ani Pharmaceuticals Inc), Executive Employment Agreement (Ani Pharmaceuticals Inc)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a7(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 40 contracts
Samples: Form of Indemnification Agreement (Senior Housing Properties Trust), Indemnification Agreement (Five Star Senior Living Inc.), Indemnification Agreement (Five Star Quality Care Inc)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a6(a) 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 28 contracts
Samples: Indemnification Agreement (Western Digital Corp), Indemnification Agreement (Forbes Energy Services Ltd.), Severance Agreement and Release (Powell Industries Inc)
Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof and the burden of persuasion by clear and convincing evidence to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 26 contracts
Samples: Indemnification Agreement (Hudson Pacific Properties, L.P.), Indemnification Agreement (Hudson Pacific Properties, L.P.), Indemnification Agreement (Spirit Realty Capital, Inc.)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company Indemnitors shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 19 contracts
Samples: Indemnification Agreement (Empire State Realty OP, L.P.), Indemnification Agreement (Empire State Realty Trust, Inc.), Indemnification Agreement (Empire State Realty Trust, Inc.)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons Person, Persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement8(a), 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 17 contracts
Samples: Indemnification Agreement (Petroquest Energy Inc), Indemnification Agreement (Triad Medical Inc), Indemnification Agreement (Petroquest Energy Inc)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or person, persons or entity making such determination shall shall, to the fullest extent not prohibited by law, presume that the Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this AgreementDeed, and the Company shall Indemnitors shall, to the fullest extent not prohibited by law, have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumptionby clear and convincing evidence.
Appears in 16 contracts
Samples: Deed of Indemnification (Kalera Public LTD Co), Kalera Public LTD Co, Kalera Public LTD Co
Presumptions and Effect of Certain Proceedings. (a) In making any determination a determination, with respect to entitlement to indemnification hereunder, the person Person or persons or entity Persons making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) 4 of this Agreement, and the Company shall have bear the burden of proof to overcome rebut that presumption in connection with the making by any Person or Persons of any determination contrary to that presumption.
Appears in 10 contracts
Samples: Indemnification Agreement (Resource Capital Corp.), Form of Indemnification Agreement (Starwood Property Trust, Inc.), Indemnification Agreement (Colony Starwood Homes)
Presumptions and Effect of Certain Proceedings. (a) a. In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 9 contracts
Samples: Indemnification Agreement (Altmore BDC, Inc.), Indemnification Agreement (FIDUS INVESTMENT Corp), Form of Indemnification Agreement (Barings Private Credit LLC)
Presumptions and Effect of Certain Proceedings. (a) a. In making any a determination with respect to entitlement to indemnification or payment of Expenses hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification or payment of Expenses under this Agreement if Indemnitee has submitted a request for indemnification or payment of Expenses in accordance with Section 10(a) 4 of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 8 contracts
Samples: Indemnification Agreement (Endurance Specialty Holdings LTD), Indemnification Agreement (Endurance Specialty Holdings LTD), Indemnification Agreement (Endurance Specialty Holdings LTD)
Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a9(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 7 contracts
Samples: Form of Indemnification Agreement (Lafayette Square Gulf Coast BDC, LLC), Form of Indemnification Agreement (Lafayette Square Mid-Atlantic BDC, LLC), Form of Indemnification Agreement (Lafayette Square Southeast BDC, LLC)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination it shall presume be presumed that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) 9 of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 7 contracts
Samples: Indemnification Agreement (New York REIT Liquidating LLC), Indemnification Agreement (New York REIT Liquidating LLC), Indemnification Agreement (New York REIT Liquidating LLC)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or person, persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a8(a) 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 6 contracts
Samples: ’s Wholesale (BJ's Wholesale Club Holdings, Inc.), ’s Wholesale (BJ's Wholesale Club Holdings, Inc.), ’s Wholesale (BJ's Wholesale Club Holdings, Inc.)
Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification a Determination hereunder, the person or persons or entity making such determination Determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary and may only do so by showing that there is a reasonable basis to that presumptionsupport it.
Appears in 6 contracts
Samples: Form of Indemnification Agreement (Goldman Sachs Real Estate Finance Trust Inc), Form of Indemnification Agreement (EQT Exeter Real Estate Income Trust, Inc.), Indemnification Agreement (Sculptor Diversified Real Estate Income Trust, Inc.)
Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreementhereof, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 6 contracts
Samples: Indemnification Agreement (Independence Realty Trust, Inc), Form of Indemnification Agreement (RREEF Property Trust, Inc.), Form of Indemnification Agreement (RREEF America Property Income Trust, Inc.)
Presumptions and Effect of Certain Proceedings. (a) In a)In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome overcoming that presumption in connection with the making of any determination contrary to that presumption.
Appears in 5 contracts
Samples: Indemnification Agreement (Digital Realty Trust, L.P.), Indemnification Agreement (Alpine Income Property Trust, Inc.), Indemnification Agreement (Alpine Income Property Trust, Inc.)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or person, persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) 4 of this Agreement, and the Company shall have bear the burden of proof to overcome rebut that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.
Appears in 5 contracts
Samples: Indemnity Agreement (Cti Biopharma Corp), Indemnification Agreement (Guess Inc Et Al/Ca/), Indemnification Agreement (Ic Isaacs & Co Inc)
Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a11(a) of this Agreement, and the Company shall have the burden of proof to overcome overcoming that presumption in connection with the making of any determination contrary to that presumption.
Appears in 5 contracts
Samples: Indemnification Agreement (Global Net Lease, Inc.), Indemnification Agreement (Global Net Lease, Inc.), Indemnification Agreement (Global Net Lease, Inc.)
Presumptions and Effect of Certain Proceedings. (a) In Upon making any determination with respect a request for indemnification, Indemnitee shall be presumed to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is be entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company Corporation shall have the burden of proof to overcome that presumption by a preponderance of the evidence in connection with the making of reaching any determination contrary to that presumptiondetermination.
Appears in 4 contracts
Samples: Form of Indemnification Agreement (Textainer Group Holdings LTD), Indemnification Agreement (Telanetix,Inc), Indemnification Agreement (Image Entertainment Inc)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, (i) the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) 4.1 of this Agreement, and (ii) the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 4 contracts
Samples: Indemnification Agreement (Quality Care Properties, Inc.), Indemnification Agreement (Kilroy Realty Corp), Indemnification Agreement (Hcp, Inc.)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person Person or persons or entity Persons making such determination shall shall, to the fullest extent not prohibited by law, presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall shall, to the fullest extent not prohibited by law, have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 4 contracts
Samples: Director Indemnification Agreement (BloomZ Inc.), Indemnification Agreement (HeartCore Enterprises, Inc.), Director Indemnification Agreement (Zerospo)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a6(a) of this Agreement, 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 4 contracts
Samples: Indemnification Agreement (La Jolla Pharmaceutical Co), Indemnification Agreement (La Jolla Pharmaceutical Co), Indemnification Agreement (La Jolla Pharmaceutical Co)
Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity (including any court having jurisdiction over the matter) making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.with
Appears in 4 contracts
Samples: Form of Indemnification Agreement (NetSTREIT Corp.), Form of Indemnification Agreement (NetSTREIT Corp.), Form of Indemnification Agreement (NetSTREIT Corp.)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or person, persons or entity making such determination shall shall, to the fullest extent not prohibited by law, presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall shall, to the fullest extent not prohibited by law, have the burden of proof to overcome that presumption in connection with the making by such person, persons or entity of any determination contrary to that presumption.
Appears in 4 contracts
Samples: Indemnification Agreement (GoDaddy Inc.), Indemnification Agreement (At Home Group Inc.), Form of Indemnification Agreement (GMS Inc.)
Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company Trust shall have the burden of proof to overcome overcoming that presumption in connection with the making of any determination contrary to that presumption.
Appears in 4 contracts
Samples: Form of Indemnification Agreement (N1 Liquidating Trust), Indemnification Agreement (Investors Real Estate Trust), Indemnification Agreement (Chambers Street Properties)
Presumptions and Effect of Certain Proceedings. (ai) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 3 contracts
Samples: Indemnification Agreement (Terreno Realty Corp), Indemnification Agreement (Terreno Realty Corp), Indemnification Agreement (Terreno Realty Corp)
Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company Fund shall have the burden of proof proof, by clear and convincing evidence, to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 3 contracts
Samples: Form of Indemnification Agreement (CION Ares Diversified Credit Fund), Form of Indemnification Agreement (Ares Multi-Strategy Credit Fund, Inc.), Form of Indemnification Agreement (Ares Dynamic Credit Allocation Fund, Inc.)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or person, persons or entity making such determination shall shall, to the fullest extent not prohibited by law, presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall shall, to the fullest extent not prohibited by law, have the burden of proof to overcome that presumption in connection with the making by such person, persons or entity of any determination contrary to that presumption.
Appears in 3 contracts
Samples: Indemnification Agreement, Indemnification Agreement (Outerwall Inc), Indemnification Agreement (Juno Therapeutics, Inc.)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunderindemnification, the person or persons or entity making such determination Indemnitee shall presume that Indemnitee is be presumed to be entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, hereunder and the Company shall have the burden of proof be required to overcome that presumption in connection with make any showing necessary to the making of any determination contrary to that such presumption.
Appears in 3 contracts
Samples: Indemnification Agreement (Cousins Properties Inc), Indemnification Agreement (Lodgian Inc), Indemnification Agreement (Cousins Properties Inc)
Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification a Determination hereunder, the person or persons or entity (including any court having jurisdiction over the matter) making such determination Determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to overcoming that presumption.
Appears in 3 contracts
Samples: Indemnification Agreement (Invitation Homes Inc.), Indemnification Agreement (Invitation Homes Inc.), Indemnification Agreement (Invitation Homes Inc.)
Presumptions and Effect of Certain Proceedings. (a) In To the extent permitted by applicable law, in making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination it shall presume be presumed that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a9(a) of this Agreement, and the Company shall have the burden of proof and the burden of persuasion by clear and convincing evidence to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 3 contracts
Samples: Form of Director Indemnification Agreement (Disc Medicine, Inc.), Indemnification Agreement (Aura Biosciences, Inc.), Indemnification Agreement (Ikena Oncology, Inc.)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person Person or persons or entity Persons making such determination shall presume that Indemnitee an Indemnified Person is entitled to indemnification under this Agreement if Indemnitee such Indemnified Person has submitted a request for indemnification in accordance with Section 10(a8(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption by clear and convincing evidence in connection with the making by any Person or Persons of any determination contrary to that presumption.
Appears in 3 contracts
Samples: Indemnification Agreement (Oaktree Capital Group, LLC), Indemnification Agreement (Oaktree Capital Group, LLC), Indemnification Agreement (Oaktree Capital Group, LLC)
Presumptions and Effect of Certain Proceedings. (a) In a)To the extent permitted by applicable law, in making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination it shall presume be presumed that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a9(a) of this Agreement, and the Company shall have the burden of proof and the burden of persuasion by clear and convincing evidence to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 3 contracts
Samples: Indemnification Agreement (Aytu Biopharma, Inc), Indemnification Agreement (Enfusion, Inc.), Indemnification Agreement (Plug Power Inc)
Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) 10 of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 3 contracts
Samples: Executive Employment Agreement (FelCor Lodging Trust Inc), Indemnification Agreement (FelCor Lodging Trust Inc), Indemnification Agreement (FelCor Lodging Trust Inc)
Presumptions and Effect of Certain Proceedings. (a) 10.1 In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall must presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the 9.1. The Company shall will have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 3 contracts
Samples: Indemnification Agreement (Aames Investment Corp), Indemnification Agreement (Aames Investment Corp), Indemnification Agreement (Aames Investment Corp)
Presumptions and Effect of Certain Proceedings. (a) In When making any a determination with respect to entitlement to indemnification hereunderindemnification, the person or person, persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request Request for indemnification Indemnification in accordance with Section 10(a7(a) of this Agreement, and the Company Corporation shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 2 contracts
Samples: Indemnification Agreement (21st Century Holding Co), Indemnification Agreement (21st Century Holding Co)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons person, persons, or entity making such determination shall shall, to the fullest extent not prohibited by law, presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall shall, to the fullest extent not prohibited by law, have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 2 contracts
Samples: Indemnification Agreement (Viad Corp), Indemnification Agreement (Viad Corp)
Presumptions and Effect of Certain Proceedings. (a) In making any determination a Determination with respect to entitlement to indemnification hereunderindemnification, the person or persons or entity making such determination Indemnitee shall presume that Indemnitee is be presumed to be entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, hereunder and the Company shall have the burden of proof be required to overcome that presumption in connection with make any showing necessary to the making of any determination contrary to that such presumption.
Appears in 2 contracts
Samples: Indemnification Agreement (Cellu Tissue Holdings, Inc.), Indemnification Agreement (Cellu Tissue Holdings, Inc.)
Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption presumption, by clear and convincing evidence, in connection with the making of any determination contrary to that presumption.
Appears in 2 contracts
Samples: Indemnification Agreement (Umh Properties, Inc.), Indemnification Agreement (Monmouth Real Estate Investment Corp)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 10(a7(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 2 contracts
Samples: Indemnification Agreement (Campus Crest Communities, Inc.), Indemnification Agreement (Campus Crest Communities, Inc.)
Presumptions and Effect of Certain Proceedings. (a) In a)In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a8(a) 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 2 contracts
Samples: 3 Agreement (Midcoast Energy Resources Inc), 8 Agreement (Midcoast Energy Resources Inc)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunderhereunder relating to a Proceeding, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a9(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 2 contracts
Samples: Indemnification Agreement (PHH Corp), Form of Indemnification Agreement (PHH Corp)
Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof and the burden of persuasion by clear and convincing evidence to overcome that presumption in connection with the making of any determination contrary to that presumption.. Exhibit 10.2
Appears in 2 contracts
Samples: Indemnification Agreement (Hudson Pacific Properties, L.P.), Indemnification Agreement (Hudson Pacific Properties, L.P.)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination under Section 6(c) with respect to entitlement to indemnification hereunderunder Section 3(a), the person or person, persons or entity making such that determination shall must presume that Indemnitee is entitled to that indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement6(a), and the Company shall and the Partnership will 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 2 contracts
Samples: Form of Indemnification Agreement (Abraxas Energy Partners LP), Form of Indemnification Agreement (Abraxas Petroleum Corp)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or person, persons or entity making such determination shall shall, to the fullest extent not prohibited by law, presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall shall, to the fullest extent not prohibited by law, have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.by clear and convincing evidence..
Appears in 2 contracts
Samples: Indemnification Agreement (Tempus AI, Inc.), Indemnification Agreement (iLearningEngines, Inc.)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or person, persons or entity making such determination shall in each case presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a written request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 2 contracts
Samples: Indemnification Agreement (Trade Street Residential, Inc.), Indemnification Agreement (Trade Street Residential, Inc.)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or person, persons or entity making such that determination shall must presume that Indemnitee is entitled to indemnification under this Agreement hereunder if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement8(a), and the Company shall will 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.any
Appears in 2 contracts
Samples: Indemnification Agreement (Us Concrete Inc), Indemnification Agreement for Ronnie (Us Concrete Inc)
Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement), and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 2 contracts
Samples: Indemnification Agreement (Healthcare Trust of America Holdings, LP), Indemnification Agreement (Healthcare Trust of America Holdings, LP)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a6(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 2 contracts
Samples: Form of Indemnification Agreement (Travelcenters of America LLC), Form of Indemnification Agreement (Travelcenters of America LLC)
Presumptions and Effect of Certain Proceedings. (a) In When making any a determination with respect to entitlement to indemnification hereunderindemnification, the person or person, persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request Request for indemnification Indemnification in accordance with Section 10(a8(a) of this Agreement, and the Company Corporation shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 2 contracts
Samples: Indemnification Agreement (Ryder System Inc), Indemnification Agreement (Ryder System Inc)
Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof proof, by clear and convincing evidence, to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 2 contracts
Samples: Indemnification Agreement (Hospitality Investors Trust, Inc.), Registration Rights Agreement (American Realty Capital Hospitality Trust, Inc.)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a8(a) of this Agreementhereof, 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 2 contracts
Samples: Indemnification Agreement (Vestis Corp), Indemnification Agreement (Epic NewCo, Inc.)
Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof and the burden of persuasion by clear and convincing Exhibit 10.84 evidence to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 2 contracts
Samples: Indemnification Agreement (Hudson Pacific Properties, L.P.), Indemnification Agreement (Hudson Pacific Properties, Inc.)
Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunderunder this Agreement, the person or persons or entity making such determination shall presume it must be presumed that Indemnitee is entitled to that indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement5(a), and the Company shall and the Partnership will 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 2 contracts
Samples: Indemnification Agreement (Encore Energy Partners LP), Indemnification Agreement (Encore Energy Partners LP)
Presumptions and Effect of Certain Proceedings. (a) In making connection with any determination with respect concerning the Indemnitee’s right to entitlement to indemnification hereunderindemnification, the person Person or persons or entity Persons making such determination shall presume that the Indemnitee has satisfied the applicable standard of conduct and is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of 10 above, and, except where any required undertaking under Section 8 has not been delivered to the Company, anyone seeking to overcome this Agreement, and the Company presumption shall have the burden of proof to overcome that presumption in connection with the making and burden of any determination contrary to that presumptionpersuasion, by clear and convincing evidence.
Appears in 2 contracts
Samples: Indemnity Agreement (Northwest Natural Gas Co), Indemnity Agreement (Northwest Natural Gas Co)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or person, persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a11(b) 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 2 contracts
Samples: Indemnity Agreement (Halcon Resources Corp), Indemnity Agreement (Petrohawk Energy Corp)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person Person or persons or entity Persons making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a9(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 2 contracts
Samples: Indemnification Agreement (Peoples Choice Financial Corp), Indemnification Agreement (Cypress Sharpridge Investments, Inc.)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunderindemnification, the person or persons or entity making such the determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) 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 2 contracts
Samples: Indemnification Agreement (Gsi Group Inc), Indemnification Agreement (Gsi Group Inc)
Presumptions and Effect of Certain Proceedings. (a) In a)To the extent permitted by applicable law, in making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination it shall presume be presumed that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a9(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 2 contracts
Samples: Officer Indemnification Agreement (Plug Power Inc), Plug Power (Plug Power Inc)
Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 2 contracts
Samples: Indemnification Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Indemnification Agreement (MPG Office Trust, Inc.)
Presumptions and Effect of Certain Proceedings. (a) In To the extent permitted by applicable law, in making any a determination with respect to entitlement to the permissibility of indemnification hereunder, the person or persons or entity making such determination it shall presume be presumed that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a9(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 2 contracts
Samples: Indemnification Agreement (Parexel International Corp), Indemnification Agreement (Lojack Corp)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons person, persons, or entity making such determination shall shall, to the fullest extent not prohibited by law, presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall shall, to the fullest extent not prohibited by law, have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumptionby clear and convincing evidence.
Appears in 1 contract
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunderunder this Agreement, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a8(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 1 contract
Samples: Indemnification Agreement (National Golf Properties Inc)
Presumptions and Effect of Certain Proceedings. (a) a. In making any a determination with respect to entitlement to indemnification hereunder, the person or person, persons or entity making such determination shall shall, to the fullest extent not prohibited by law, presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall shall, to the fullest extent not prohibited by law, have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 1 contract
Samples: Indemnification Agreement (Establishment Labs Holdings Inc.)
Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(al0(a) of this Agreement, and the Company shall have the burden of proof to overcome overcoming that presumption in connection with the making of any determination contrary to that presumption.
Appears in 1 contract
Samples: Indemnification Agreement (Plymouth Industrial REIT Inc.)
Presumptions and Effect of Certain Proceedings. (ai) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that such presumption.
Appears in 1 contract
Samples: Indemnification Agreement (Hunting Dog Capital Corp.)
Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons (including any court having jurisdiction over the matter) or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome overcoming that presumption in connection with the making of any determination contrary to that presumption.
Appears in 1 contract
Samples: Form of Indemnification Agreement (Preston Hollow Community Capital, Inc.)
Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity (including any court having jurisdiction over the matter) making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company Trust shall have the burden of proof to overcome overcoming that presumption in connection with the making of any determination contrary to that presumption.
Appears in 1 contract
Samples: Form of Indemnification Agreement (Starwood Credit Real Estate Income Trust)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall shall, to the fullest extent not prohibited by law, presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.with
Appears in 1 contract
Samples: Indemnity Agreement (Sidhu Special Purpose Capital Corp.)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a8(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 1 contract
Samples: Indemnification Agreement (Integrity Capital Income Fund, Inc.)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination under Section 5(c) with respect to entitlement to indemnification hereunderunder Section 2(a), the person or person, persons or entity making such that determination shall must presume that Indemnitee is entitled to that indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement5(a), and the Company shall and the Partnership will 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 1 contract
Samples: Form of Indemnification Agreement (Encore Energy Partners LP)
Presumptions and Effect of Certain Proceedings. (a) A. In making any a determination with respect to entitlement to indemnification hereunder, the person or person, persons or entity making such determination shall shall, to the fullest extent not prohibited by law, presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall shall, to the fullest extent not prohibited by law, have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 1 contract
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or person, persons or entity making such determination shall shall, to the fullest extent not prohibited by law, presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumptionby clear and convincing evidence.
Appears in 1 contract
Samples: Indemnification Agreement (HomeSmart Holdings, Inc.)
Presumptions and Effect of Certain Proceedings. (a) In To the extent permitted by applicable law, in making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination it shall presume be presumed that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a9(a) of this Agreement, and the Company shall have the burden of proof by clear and convincing evidence to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 1 contract
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, (i) the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) 3 of this Agreement, and (ii) the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 1 contract
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a8(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any persons, persons or entity of any determination contrary to that presumption.
Appears in 1 contract
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunderindemnification, the person or persons or entity making such the determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) 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.. 6
Appears in 1 contract
Samples: Indemnification Agreement (Reliable Power Systems Inc)
Presumptions and Effect of Certain Proceedings. (a) In To the extent permitted by applicable law, in making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination it shall presume be presumed that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a9(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.. 3
Appears in 1 contract
Samples: Indemnification Agreement (Magenta Therapeutics, Inc.)
Presumptions and Effect of Certain Proceedings. (a) In To the extent permitted by applicable law, in making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination it shall presume be presumed that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement9(a), and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 1 contract
Samples: Form of Indemnification Agreement (Fifth Wall Acquisition Corp. I)
Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity (including any court having jurisdiction over the matter) making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a9(a) of this Agreement, and the Company shall have the burden of proof to overcome overcoming that presumption in connection with the making of any determination contrary to that presumption.
Appears in 1 contract
Samples: Indemnification Agreement (PIMCO Mortgage Income Trust Inc.)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to for indemnification hereunder, the person or persons or entity making such determination shall presume (unless there is clear and convincing evidence to the contrary) that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 1 contract
Samples: Indemnification Agreement (Progenics Pharmaceuticals Inc)
Presumptions and Effect of Certain Proceedings. (a) [In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity Independent Counsel making such determination shall shall, to the fullest extent not prohibited by law, presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a9(a) of this Agreement, and the Company shall shall, to the fullest extent not prohibited by law, have the burden of proof to overcome that presumption in connection with if the making of any determination contrary Company objects to that presumptionIndemnitee’s request for indemnification under this Agreement.]
Appears in 1 contract
Presumptions and Effect of Certain Proceedings. (a) In making a)In connection with any determination with respect to entitlement to request for indemnification hereunder, the person or persons or entity making such determination it shall presume be presumed that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) 8 of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 1 contract
Samples: Indemnification Agreement (Enzon Pharmaceuticals, Inc.)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or person, persons or entity making such determination shall in each case presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a written request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 1 contract
Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunderhereunder or to the reasonableness of any Expenses, the person or persons or entity (including any court having jurisdiction over the matter) making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome overcoming that presumption in connection with the making of any determination contrary to that presumption.
Appears in 1 contract
Samples: Indemnification Agreement (Phillips Edison & Company, Inc.)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunderindemnification, the person or persons or entity making such determination Indemnitee shall presume that Indemnitee is be presumed to be entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, hereunder and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that such presumption.
Appears in 1 contract
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or person, persons or entity making such determination shall presume that 0 be imputed to Indemnitee is entitled for purposes of determining the right to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 1 contract
Samples: Form of Indemnification Agreement (Rover Group, Inc.)
Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification a Determination hereunder, the person or persons or entity making such determination Determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome overcoming that presumption in connection with the making of any determination contrary and may only do so by showing that there is a reasonable basis to that presumptionsupport it.
Appears in 1 contract
Samples: Indemnification Agreement (Brixmor Property Group Inc.)
Presumptions and Effect of Certain Proceedings. (a) In a)In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity (including any court having jurisdiction over the matter) making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome overcoming that presumption in connection with the making of any determination contrary to that presumption.
Appears in 1 contract
Samples: Indemnification Agreement (Indus Realty Trust, Inc.)
Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement whether the Indemnitee is entitled to indemnification hereunder, the person or persons or entity making such determination Company shall presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification an Indemnification Request in accordance with Section 10(a8(a) of this Agreementhereof, and the Company anyone seeking to overcome this presumption shall have the burden of proof to overcome that presumption in connection with and the making burden of any determination contrary to that presumptionpersuasion, by clear and convincing evidence.
Appears in 1 contract
Presumptions and Effect of Certain Proceedings. (a) In To the extent permitted by applicable law, in making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination it shall presume be presumed that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement9(a), and the Company shall have the burden of proof and the burden of persuasion by clear and convincing evidence to overcome that presumption in connection with the making of any determination contrary to that presumption.
Appears in 1 contract
Samples: Indemnification Agreement (Allurion Technologies Holdings, Inc.)