Presumptions and Effects of Certain Proceedings. (a) If a Change in Control shall have occurred, 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(a) of this Agreement, and the Corporation 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 13 contracts
Samples: Employment Agreement (Juniper Pharmaceuticals Inc), Employment Agreement (Juniper Pharmaceuticals Inc), Employment Agreement (Columbia Laboratories Inc)
Presumptions and Effects of Certain Proceedings. (a) If a Change in of Control shall have occurred, 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(a) of this Agreement, and the Corporation 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 8 contracts
Samples: Indemnification Agreement (Barnes Group Inc), Indemnification Agreement (Barnes Group Inc), Indemnification Agreement (Kirlin Holding Corp)
Presumptions and Effects of Certain Proceedings. (a) If a Change in Control shall have occurred, 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 the Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 9(a) of this the Agreement, and the Corporation 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 5 contracts
Samples: Employment Agreement (Juniper Pharmaceuticals Inc), Employment Agreement (Juniper Pharmaceuticals Inc), Employment Agreement (Juniper Pharmaceuticals Inc)
Presumptions and Effects of Certain Proceedings. (a) 10.1 If a Change in of Control shall have occurred, 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(a) 9.1 of this Agreement, and the Corporation 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 (Individual Investor Group Inc), Indemnification Agreement (Ladenburg Thalmann Financial Services Inc), Indemnification Agreement (Individual Investor Group Inc)
Presumptions and Effects of Certain Proceedings. (a) If a Change in Control shall have occurred, 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(a) of this Agreement, and the Corporation 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 3 contracts
Samples: Indemnification Agreement (Star Gas Partners Lp), Indemnification Agreement (Star Gas Partners Lp), Indemnification Agreement (Yp Corp)
Presumptions and Effects of Certain Proceedings. (a) If a Change in Control shall have occurred, in making a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination Determining Person shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 9(a) of this Agreement), and the Corporation Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity the Determining Person of any determination contrary to that presumption.
Appears in 3 contracts
Samples: Indemnification Agreement (DREW INDUSTRIES Inc), Indemnification Agreement (Drew Industries Inc), Indemnification Agreement (Drew Industries Inc)
Presumptions and Effects of Certain Proceedings. (a1) If a Change in of Control shall have occurred, 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(a) of this Agreement, and the Corporation 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.
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