Presumptions and Effects of Certain Proceedings. 10.1 In making 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 9.1 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, persons or entity of any determination contrary to that presumption.
Appears in 80 contracts
Samples: Indemnification Agreement (Cayson Acquisition Corp), Indemnification Agreement (Calisa Acquisition Corp), Indemnification Agreement (Cayson Acquisition Corp)
Presumptions and Effects of Certain Proceedings. 10.1 In making 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 9.1 of this Agreement, and the Company Corporation shall have the burden of proof to overcome that presumption by clear and convincing evidence in connection with the making by any person, persons or entity of any determination contrary to that presumption.
Appears in 13 contracts
Samples: Indemnification Agreement (Chicken Soup for the Soul Entertainment, Inc.), Indemnification Agreement (PAVmed Inc.), Indemnification Agreement (Long Island Iced Tea Corp.)
Presumptions and Effects of Certain Proceedings. 10.1 a. In making 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 9.1 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 by clear and convincing evidence in connection with the making by any person, persons or entity of any determination contrary to that presumptionevidence.
Appears in 2 contracts
Samples: Indemnification Agreement (Monopar Therapeutics), Indemnification Agreement (Zekelman Industries, Inc.)
Presumptions and Effects of Certain Proceedings. 10.1 (a) In making 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 9.1 of this Agreement9(a), and the Company Corporation shall have the burden of proof to overcome that presumption by clear and convincing evidence in connection with the making by any person, persons or entity of any determination contrary to that the presumption.
Appears in 2 contracts
Samples: Indemnification Agreement (Huntington Ingalls Industries, Inc.), Indemnification Agreement (Northrop Grumman Corp /De/)
Presumptions and Effects of Certain Proceedings. 10.1 In making 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 9.1 of this Agreement, and the Company Corporation shall have the burden of proof to overcome that presumption by clear and convincing evidence in connection with the making by any person, persons or entity of any determination contrary to that presumption.
Appears in 1 contract
Samples: Execution Copy Indemnification Agreement (Ladenburg Thalmann Financial Services Inc)
Presumptions and Effects of Certain Proceedings. 10.1 10.1. In making 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 9.1 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, persons or entity of any determination contrary to that presumption.
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