Common use of Procedure for Determination of Entitlement to Indemnification Clause in Contracts

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 157 contracts

Samples: Indemnification Agreement (Willow Tree Capital Corp), Indemnification Agreement (MONROE CAPITAL Corp), Form of Indemnification Agreement (Owl Rock Technology Finance Corp. II)

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Procedure for Determination of Entitlement to Indemnification. (a) 9.1 To obtain indemnification under this AgreementAgreement in connection with any Proceeding, and for the duration thereof, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of any such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 112 contracts

Samples: Indemnity Agreement (Archimedes Tech SPAC Partners II Co.), Indemnification Agreement (Charlton Aria Acquisition Corp), Indemnification Agreement (ScanTech AI Systems Inc.)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 62 contracts

Samples: Form of Indemnification Agreement (X1 Capital Inc.), Indemnification Agreement (Pharos Capital BDC, Inc.), Form of Indemnification Agreement (GSV Growth Credit Fund Inc.)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnificationdemand therefor. The Secretary of the Company shall, promptly upon receipt of such a request demand for indemnification, advise provide copies of the Board of Directors in writing that Indemnitee has requested indemnificationdemand to the Board.

Appears in 43 contracts

Samples: Indemnification Agreement (Diversified Healthcare Trust), Indemnification Agreement (Diversified Healthcare Trust), Indemnification Agreement (Office Properties Income Trust)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors Trustees in writing that Indemnitee has requested indemnification.

Appears in 29 contracts

Samples: Form of Indemnification Agreement (Senior Housing Properties Trust), Form of Indemnification Agreement (Senior Housing Properties Trust), Form of Indemnification Agreement (Hospitality Properties Trust)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company Corporation a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company Corporation shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 21 contracts

Samples: Indemnification Agreement (LKQ Corp), Indemnification Agreement (Helios & Matheson Analytics Inc.), Indemnification Agreement (Great Basin Scientific, Inc.)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification (including, but not limited to, the advancement of Expenses and contribution by the Company) under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 19 contracts

Samples: Indemnification Agreement (Western Digital Corp), Indemnification Agreement (Forbes Energy Services Ltd.), Severance Agreement and Release (Powell Industries Inc)

Procedure for Determination of Entitlement to Indemnification. (a) 9.1 To obtain indemnification under this AgreementAgreement in connection with any Proceeding, and for the duration thereof, Indemnitee shall submit to the Company Corporation a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company Corporation shall, promptly upon receipt of any such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 19 contracts

Samples: Indemnification Agreement (Chicken Soup for the Soul Entertainment, Inc.), Indemnification Agreement (PAVmed Inc.), Indemnification Agreement (Long Island Iced Tea Corp.)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 19 contracts

Samples: Indemnity Agreement (Civitas Resources, Inc.), Indemnity Agreement (Bonanza Creek Energy, Inc.), Indemnity Agreement (OHA Investment Corp)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors Trustees in writing that Indemnitee has requested indemnification.

Appears in 17 contracts

Samples: Indemnification Agreement (Glimcher Realty Trust), Indemnification Agreement (Innkeepers Usa Trust/Fl), Indemnification Agreement (Innkeepers Usa Trust/Fl)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, the Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to the Indemnitee and is reasonably necessary to determine whether and to what extent the Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that the Indemnitee has requested indemnification.

Appears in 17 contracts

Samples: Indemnification Agreement (Ladder Capital Corp), Indemnification Agreement (Ignite Restaurant Group, Inc.), Indemnification Agreement (Ignite Restaurant Group, Inc.)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this AgreementAgreement in connection with any Proceeding, and for the duration thereof, Indemnitee shall submit to the Company Corporation a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company Corporation shall, promptly upon receipt of any such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 17 contracts

Samples: Indemnification Agreement (Barnes Group Inc), Indemnification Agreement (Barnes Group Inc), Indemnification Agreement (Healthcore Medical Solutions Inc)

Procedure for Determination of Entitlement to Indemnification. (a) 9.1 To obtain indemnification under this AgreementAgreement in connection with any Proceeding, and for the duration thereof, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary officer of the Company shall, promptly upon receipt of any such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 17 contracts

Samples: Indemnification Agreement (YHN Acquisition I LTD), Form of Indemnification Agreement (DT Cloud Star Acquisition Corp), Indemnification Agreement (YHN Acquisition I LTD)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, the Indemnitee shall submit to the Company a written requestrequest therefor, including therein or therewith along with such documentation and information as is reasonably available to the Indemnitee and is reasonably necessary to determine whether and to what extent the Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that the Indemnitee has requested indemnification.

Appears in 16 contracts

Samples: Indemnification Agreement (Warren Resources Inc), Indemnification Agreement (Dune Energy Inc), Form of Indemnification Agreement (Dune Energy Inc)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors of the Company in writing that Indemnitee has requested indemnification.

Appears in 15 contracts

Samples: Indemnification Agreement (GSC Investment Corp.), Indemnification Agreement (GSC Investment Corp.), Indemnification Agreement (GSC Investment Corp.)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 14 contracts

Samples: Indemnification Agreement (Five Star Senior Living Inc.), Indemnification Agreement (Five Star Quality Care Inc), Employment Agreement (MVB Financial Corp)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this AgreementAgreement in connection with any Proceeding, and for the duration thereof, Indemnitee shall submit to the Company Corporation a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company Corporation shall, promptly upon receipt of any such a request for indemnification, advise the Board of Directors board in writing that Indemnitee has requested indemnification.

Appears in 12 contracts

Samples: Employment Agreement (Juniper Pharmaceuticals Inc), Employment Agreement (Juniper Pharmaceuticals Inc), Employment Agreement (Columbia Laboratories Inc)

Procedure for Determination of Entitlement to Indemnification. (a) a. To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 12 contracts

Samples: Indemnification Agreement (Concert Pharmaceuticals, Inc.), Indemnification Agreement (Entegris Inc), Indemnification Agreement (Entegris Inc)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 12 contracts

Samples: Indemnity Agreement (Prairie Operating Co.), Indemnification Agreement (Sterling Check Corp.), Indemnification Agreement (International Money Express, Inc.)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under against this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 10 contracts

Samples: Indemnity Agreement (Globenet Communications Group LTD), Indemnity Agreement (Globenet Communications Group LTD), Indemnity Agreement (Globenet Communications Group LTD)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under Section 4 of this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 9 contracts

Samples: Form of Indemnification Agreement (Carey Watermark Investors 2 Inc), Indemnification Agreement (Corporate Property Associates 18 Global Inc), Indemnification Agreement (Carey Watermark Investors Inc)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 7 contracts

Samples: Indemnity Agreement (Cti Biopharma Corp), Indemnification Agreement (Guess Inc Et Al/Ca/), Indemnification Agreement (Ic Isaacs & Co Inc)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall must submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to such indemnification. The Secretary of the Company shallwill, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 7 contracts

Samples: Agreement (Argentex Mining Corp), Indemnification Agreement (Argentex Mining Corp), Agreement (Argentex Mining Corp)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company Corporation a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company Corporation shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 6 contracts

Samples: Indemnification Agreement (Peerless Systems Corp), Form of Indemnification Agreement (Peerless Systems Corp), Form of Indemnification Agreement (American Management Systems Inc)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Secretary of the Company a written requestrequest for payment of the appropriate Indemnified Amounts, including therein or therewith with such request such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnificationsuch Indemnified Amounts. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 6 contracts

Samples: Indemnification Agreement (Resource Capital Corp.), Form of Indemnification Agreement (Starwood Property Trust, Inc.), Indemnification Agreement (Colony Starwood Homes)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under Section 4 of this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary or an Assistant Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 6 contracts

Samples: Form of Indemnification Agreement (Griffin-American Healthcare REIT 4, Inc.), Form of Indemnification Agreement (Griffin-American Healthcare REIT IV, Inc.), Indemnification Agreement (Griffin-American Healthcare REIT III, Inc.)

Procedure for Determination of Entitlement to Indemnification. (ai) To obtain indemnification under this AgreementSection, Indemnitee a claimant shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnificationapplication. The Secretary secretary of the Company shall, promptly upon receipt of such a request an application for indemnification, advise the Board board of Directors managers in writing that Indemnitee has of the application. In connection with any such application, the claimant shall provide such documentation and information as is reasonably requested by the Company and reasonably available to him and relevant to a determination of entitlement to indemnification.

Appears in 6 contracts

Samples: Operating Agreement (Cleco Power LLC), Operating Agreement (Cleco Corp), Operating Agreement (Cleco Power LLC)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary or Assistant Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 5 contracts

Samples: Form of Indemnification Agreement (Datawatch Corp), Indemnification Agreement (Datawatch Corp), Form of Indemnification Agreement (Datawatch Corp)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 5 contracts

Samples: Indemnification Agreement (Aberdeen Chile Fund, Inc.), Indemnification Agreement (Aberdeen Chile Fund, Inc.), Indemnification Agreement (Aberdeen Chile Fund, Inc.)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreementthe Agreement in connection with any Proceeding, and for the duration thereof, Indemnitee shall submit to the Company Corporation a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company Corporation shall, promptly upon receipt of any such a request for indemnification, advise the Board of Directors board in writing that Indemnitee has requested indemnification.

Appears in 5 contracts

Samples: Employment Agreement (Juniper Pharmaceuticals Inc), Employment Agreement (Juniper Pharmaceuticals Inc), Employment Agreement (Juniper Pharmaceuticals Inc)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, following final disposition of the applicable Proceeding, the Indemnitee shall submit to the Company in care of the Secretary of the Company a written requestrequest therefor, including therein or therewith along with such documentation and information as is reasonably available to the Indemnitee and is reasonably necessary to determine whether and to what extent the Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that the Indemnitee has requested indemnification.

Appears in 4 contracts

Samples: Stockholders Agreement (Fresh Market Holdings, Inc.), Stockholders Agreement (Fresh Market Holdings, Inc.), Director Indemnification Agreement (Fresh Market, Inc.)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnificationindemnification hereunder.

Appears in 4 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.)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company secretary of the Corporation a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly Promptly upon receipt of such a request for indemnification, the secretary of the Corporation shall advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 4 contracts

Samples: Consulting Agreement (TheraBiogen, Inc.), Consulting Agreement (TheraBiogen, Inc.), Consulting Agreement (Sg Blocks, Inc.)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under Section 4 of this Agreement, Indemnitee shall submit to the Company Employers a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary officer of the Company Employers receiving any such request from Indemnitee shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 4 contracts

Samples: Indemnification Agreement (Reis, Inc.), Indemnification Agreement (Reis, Inc.), Indemnification Agreement (Reis, Inc.)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company Corporation a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company Corporation shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors and counsel for the Corporation in writing that Indemnitee has requested indemnification.

Appears in 4 contracts

Samples: Indemnification Agreement (Rohn Industries Inc), Indemnification Agreement (Rohn Industries Inc), Indemnification Agreement (Rohn Industries Inc)

Procedure for Determination of Entitlement to Indemnification. (a) a. To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 3 contracts

Samples: Indemnification Agreement (Arv Assisted Living Inc), Indemnification Agreement (Zapata Corp), Indemnification Agreement (Arv Assisted Living Inc)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this AgreementAgreement in connection with any Proceeding, and for the duration thereof, Indemnitee shall submit to the Company Corporation a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon Upon receipt of any such a request for indemnification, advise the Board of Directors shall be advised in writing that Indemnitee has requested indemnification.

Appears in 3 contracts

Samples: Indemnification Agreement (Allied Nevada Gold Corp), Indemnification Agreement (Indevus Pharmaceuticals Inc), Form of Indemnification Agreement (Interneuron Pharmaceuticals Inc)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall must submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shallwill, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 3 contracts

Samples: Indemnification Agreement (Novation Companies, Inc.), Indemnification Agreement (Novation Companies, Inc.), Indemnification Agreement (Novastar Financial Inc)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors of the Company (the “Board”) in writing that Indemnitee has requested indemnification.

Appears in 3 contracts

Samples: Indemnification Agreement (EyePoint Pharmaceuticals, Inc.), Indemnification Agreement (pSivida Corp.), Agreement (pSivida Corp.)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreementindemnification, Indemnitee shall submit to the Company Corporation a written request, including therein or therewith accompanied by such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnificationindemnification (hereinafter a “Request for Indemnification”). The Secretary of the Company Corporation shall, promptly upon receipt of such a request Request for indemnificationIndemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 3 contracts

Samples: Indemnification Agreement (21st Century Holding Co), Indemnification Agreement (21st Century Holding Co), Indemnification Agreement (Ryder System Inc)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, the Indemnitee shall submit to the Secretary of the Company a written requestrequest therefor, including therein or therewith along with such documentation and information as is reasonably available to the Indemnitee and is reasonably necessary to determine whether and to what extent the Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that the Indemnitee has requested indemnification.

Appears in 3 contracts

Samples: Indemnification and Waiver Agreement (Cameron International Corp), Indemnification and Waiver Agreement (Cameron International Corp), Indemnification and Waiver Agreement (Cameron International Corp)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, the Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to the Indemnitee and is reasonably necessary to determine whether and to what extent the Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that the Indemnitee has requested indemnification.

Appears in 3 contracts

Samples: Indemnification Agreement (Campus Crest Communities, Inc.), Indemnification Agreement (Campus Crest Communities, Inc.), Indemnification Agreement (Belvedere Trust Mortgage CORP)

Procedure for Determination of Entitlement to Indemnification. (a) 9.1 To obtain indemnification under this Agreement, Indemnitee shall must submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shallwill, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 3 contracts

Samples: Indemnification Agreement (Aames Investment Corp), Indemnification Agreement (Aames Investment Corp), Indemnification Agreement (Aames Investment Corp)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 2 contracts

Samples: Indemnification Agreement (Ares Capital Corp), Indemnification Agreement (Ares Capital Corp)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this AgreementAgreement in connection with any proceeding, and for the duration thereof, Indemnitee shall submit to the Company Corporation a written request, including therein or therewith such documentation and information Information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company Corporation shall, promptly upon receipt of any such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 2 contracts

Samples: Indemnification Agreement (Wallstreet Review Inc), Indemnification Agreement (Wallstreet Review Inc)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of Indemnitee may submit one or more such a request for indemnification, advise the Board of Directors requests from time to time and at such time(s) as Indemnitee deems appropriate in writing that Indemnitee has requested indemnificationIndemnitee’s sole discretion.

Appears in 2 contracts

Samples: Indemnification Agreement (Ellington Housing Inc.), Indemnification Agreement (Ellington Residential Mortgage REIT)

Procedure for Determination of Entitlement to Indemnification. (a) 9.1 To obtain indemnification under this AgreementAgreement in connection with any Proceeding, and for the duration thereof, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Chief Executive Officer or Secretary of the Company shall, promptly upon receipt of any such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 2 contracts

Samples: Indemnification Agreement (Rising Dragon Acquisition Corp.), Indemnification Agreement (Rising Dragon Acquisition Corp.)

Procedure for Determination of Entitlement to Indemnification. (a) To a)To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 2 contracts

Samples: 3 Agreement (Midcoast Energy Resources Inc), 8 Agreement (Midcoast Energy Resources Inc)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this AgreementAgreement in connection with any Proceeding, and for the duration thereof, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of any such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 2 contracts

Samples: Indemnification Agreement (Star Gas Partners Lp), Indemnification Agreement (Star Gas Partners Lp)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification or advancement of Expenses under this Agreement, Indemnitee shall submit to the Company a written requestrequest therefor, including therein or therewith in such request such documentation and information as is reasonably available to the Indemnitee and is reasonably necessary to determine whether and to what extent the Indemnitee is entitled to indemnification. The Secretary indemnification or advancement of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnificationExpenses.

Appears in 2 contracts

Samples: Director Indemnity Agreement (Novavax Inc), Director Indemnity Agreement (Novavax Inc)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Secretary of the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 2 contracts

Samples: Indemnification Agreement (Maiden Holdings, Ltd.), Indemnification Agreement (Amtrust Financial Services, Inc.)

Procedure for Determination of Entitlement to Indemnification. (a) 9.1 To obtain indemnification under this AgreementAgreement in connection with any Proceeding, and for the duration thereof, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary duly authorized officer of the Company shall, promptly upon receipt of any such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 2 contracts

Samples: Indemnification Agreement (Tecnoglass Inc.), Indemnification Agreement (Plastec Technologies, Ltd.)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification indemnification, including advancement of Expenses pursuant to Section 8, under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 2 contracts

Samples: Indemnity Agreement (Miller Herman Inc), Indemnity Agreement (Miller Herman Inc)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification or whether he is seeking indemnification for an Excluded Claim and therefore not entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 2 contracts

Samples: Indemnification Agreement (Quiznos Corp), Indemnification Agreement (Quiznos Corp)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Chief Executive Officer of the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 2 contracts

Samples: Agreement (Pantry Inc), Indemnification Agreement (Interpacket Networks Inc)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain Whenever Indemnitee believes that Indemnitee is entitled to indemnification under pursuant to this Agreement, Indemnitee shall submit a written request for indemnification to the Company a written request, including therein Company. Any request for indemnification shall include sufficient documentation or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary for the determination of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.entitlement to

Appears in 2 contracts

Samples: Indemnification Agreement (SITIME Corp), Indemnification Agreement (SITIME Corp)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under Sections 3 or 4 of this Agreement, Indemnitee shall submit a written request to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnificationCompany. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 2 contracts

Samples: Indemnification Agreement (PennantPark Floating Rate Capital Ltd.), Indemnification Agreement (Pennantpark Investment Corp)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, the Indemnitee shall submit to the Secretary of the Company a written requestrequest for payment of the appropriate Indemnified Amounts, including therein or therewith with such requests such documentation and information as is reasonably available to the Indemnitee and is reasonably necessary to determine whether and to what extent the Indemnitee is entitled to indemnificationsuch Indemnified Amounts. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that the Indemnitee has requested indemnification.

Appears in 2 contracts

Samples: Of Indemnification Agreement (Monogram Residential Trust, Inc.), Indemnification Agreement (CareTrust REIT, Inc.)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Secretary of the Company a written request, including therein or therewith such documentation and information as which is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 2 contracts

Samples: Indemnity Agreement (Internap Corp), Indemnity Agreement (Internap Network Services Corp)

Procedure for Determination of Entitlement to Indemnification. (a) a. To obtain indemnification under this Agreement, Indemnitee shall submit to the Company Corporation a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary Clerk of the Company Corporation shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 1 contract

Samples: Indemnification Agreement (Starrett L S Co)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company (or the Chief Executive Office if the Secretary is the Indemnitee) shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 1 contract

Samples: Indemnification Agreement (Midlantic Office Trust, Inc.)

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Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company each Indemnitor a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 1 contract

Samples: Indemnification Agreement (Aviv Reit, Inc.)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, the Indemnitee shall submit to the Company a written requestrequest therefore, including therein or therewith along with such documentation and information as is reasonably available to the Indemnitee and is reasonably necessary to determine whether and to what extent the Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Chairman of the Board of Directors or the Audit Committee in writing that the Indemnitee has requested indemnification.

Appears in 1 contract

Samples: Indemnification Agreement (Trimas Corp)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnificationdemand therefor. The Corporate Secretary of the Company shall, promptly upon receipt of such a request demand for indemnification, advise provide copies of the Board of Directors in writing that Indemnitee has requested indemnificationdemand to the Board.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Wheeler Real Estate Investment Trust, Inc.)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this AgreementAgreement in connection with any Proceeding, and for the duration thereof, Indemnitee shall submit to the Company Corporation a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee Xxxxxxxxxx is entitled to indemnification. The Secretary of the Company Corporation shall, promptly upon receipt of any such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 1 contract

Samples: Indemnification Agreement (Huntington Ingalls Industries, Inc.)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this AgreementAgreement in connection with any Proceeding, and for the duration thereof, Indemnitee shall submit to the Company Corporation a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, Corporation shall promptly upon receipt of any such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 1 contract

Samples: Indemnification Agreement (Lifetime Brands, Inc)

Procedure for Determination of Entitlement to Indemnification. (a) To Except as otherwise expressly provided in Section 6 with respect to the advancement of Expenses, to obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 1 contract

Samples: Indemnification Agreement (Advanced Photonix Inc)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, following the final, non-appealable disposition of the applicable Proceeding, the Indemnitee shall submit to the Company in care of the Secretary of the Company a written requestrequest therefor, including therein or therewith along with such documentation and information as is reasonably available to the Indemnitee and is reasonably necessary to determine whether and to what extent the Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that the Indemnitee has requested indemnification.

Appears in 1 contract

Samples: Indemnification Agreement (Natural Grocers by Vitamin Cottage, Inc.)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company Trust a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company Trust shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors Trustees in writing that Indemnitee has requested indemnification.

Appears in 1 contract

Samples: Indemnification Agreement (Lasalle Hotel Properties)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine pursuant to subsection (b) below whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 1 contract

Samples: Indemnity Agreement (PERRIGO Co PLC)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, request including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 1 contract

Samples: Indemnification Agreement (Mission Resources Corp)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company Corporation a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary Clerk of the Company Corporation shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 1 contract

Samples: 10b Indemnification Agreement (Starrett L S Co)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, the Indemnitee shall submit to the Company a written requestrequest for payment of the appropriate Indemnified Amounts, including therein or therewith with such requests such documentation and information as is reasonably available to the Indemnitee and is reasonably necessary to determine whether and to what extent the Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that the Indemnitee has requested indemnification.

Appears in 1 contract

Samples: Indemnification Agreement (Telecommunication Systems Inc /Fa/)

Procedure for Determination of Entitlement to Indemnification. (a) To ------------------------------------------------------------- obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 1 contract

Samples: Indemnity Agreement (Cell Therapeutics Inc)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Secretary of the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnificationIndemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 1 contract

Samples: Indemnification Agreement (Covista Communications Inc)

Procedure for Determination of Entitlement to Indemnification. (ai) To obtain indemnification under this AgreementArticle IX, an Indemnitee shall submit to the Company Secretary a written request, including therein or therewith such documentation and information as is reasonably available to the Indemnitee describing such indemnification claim or loss as resulted from final disposition of the Proceeding and is reasonably necessary to determine whether and to what extent the Indemnitee is entitled to indemnificationindemnification (the “Supporting Documentation”). The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors Member in writing that the Indemnitee has requested indemnification.

Appears in 1 contract

Samples: Operating Agreement (EarthLink Holdings, LLC)

Procedure for Determination of Entitlement to Indemnification. (a1) To obtain indemnification under this AgreementAgreement in connection with any Proceeding, and for the duration thereof, Indemnitee shall submit to the Company Corporation a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company Corporation shall, promptly upon receipt of any such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 1 contract

Samples: Indemnification Agreement (Humascan Inc)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 1 contract

Samples: Indemnification Agreement (Endurance Specialty Holdings LTD)

Procedure for Determination of Entitlement to Indemnification. (a) Section 2.01 To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 1 contract

Samples: Unit Corporation Indemnification Agreement (Unit Corp)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written requestrequest (to be delivered in accordance with Section 21 hereof to the Secretary of the Company), including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 1 contract

Samples: Form of Indemnification Agreement for Directors and Officers (Hormel Foods Corp /De/)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company Corporation a written request, including therein or therewith accompanied by such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnificationindemnification (hereinafter a “Request for Indemnification”). The Secretary of the Company Corporation shall, promptly upon receipt of such a request Request for indemnificationIndemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 1 contract

Samples: Indemnification Agreement (Ryder System Inc)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, following final disposition of the applicable Proceeding, the Indemnitee shall submit to the Company in care of the Secretary of the Company a written requestrequest therefor, including therein or therewith along with, at the subsequent request of the Company, such documentation and information as is reasonably available to the Indemnitee and is reasonably necessary to determine whether and to what extent the Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that the Indemnitee has requested indemnification.

Appears in 1 contract

Samples: Form of Director and Officer Indemnification Agreement (MacDermid Group Inc.)

Procedure for Determination of Entitlement to Indemnification. (a) To to obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 1 contract

Samples: Indemnification Agreement (Nortek Inc)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary determination of Indemnitee's entitlement to indemnification shall be made not later than 90 days after receipt by the Company of the Company shall, promptly upon receipt of such a written request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.for

Appears in 1 contract

Samples: Executive Employment Agreement

Procedure for Determination of Entitlement to Indemnification. (a) 9.1. To obtain indemnification or advancement of Expenses under this Agreement, Indemnitee shall submit to the Company Corporation a written requestrequest therefor, including therein or therewith in such request such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary indemnification or advancement of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnificationExpenses.

Appears in 1 contract

Samples: Indemnification Agreement (Quantumsphere, Inc.)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this AgreementAgreement for Resolution Costs, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine pursuant to subsection (b) below whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 1 contract

Samples: Indemnity Agreement (PERRIGO Co PLC)

Procedure for Determination of Entitlement to Indemnification. (a) 9.1 To obtain indemnification under this AgreementAgreement in connection with any Claim, and for the duration thereof, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of any such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 1 contract

Samples: Indemnification Agreement (GRIID Infrastructure Inc.)

Procedure for Determination of Entitlement to Indemnification. (a) 9.1. To obtain indemnification under this AgreementAgreement in connection with any Proceeding, and for the duration thereof, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of any such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 1 contract

Samples: Indemnification Agreement (RF Acquisition Corp II)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary officer of the Company receiving such a request shall, promptly upon receipt of such a request for indemnificationits receipt, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 1 contract

Samples: Indemnification Agreement (Corrections Corp of America)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary President of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 1 contract

Samples: Indemnification Agreement (Synergy Resources Corp)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company Corporation a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnificationindemnifica tion. The Secretary of the Company Corporation shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 1 contract

Samples: Indemnification Agreement (L90 Inc)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under Sections 3, 4, or 5 of this Agreement, the Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. request substantially in the form of Exhibit A. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that the Indemnitee has requested indemnification.

Appears in 1 contract

Samples: Indemnification Agreement (VALIC Co I)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company Trust a written requestdemand therefor, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary or appropriate to determine whether and to what extent Indemnitee is entitled to indemnification. The Secretary of the Company Trust shall, promptly upon receipt of such a request demand for indemnification, advise provide copies of the Board of Directors in writing that Indemnitee has requested indemnificationdemand to the Board.

Appears in 1 contract

Samples: Indemnification Agreement (Fortress Net Lease REIT)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as along with an undertaking to repay any indemnification payments to the Company if it is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent ultimately adjudicated that Indemnitee is not entitled to indemnificationindemnification under Massachusetts law. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors Trustees in writing that Indemnitee has requested indemnification.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Lindner Investments)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as which is reasonably necessary for such determination and which is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnificationIndemnitee. The Secretary of the Company shall, promptly upon receipt of such a Indemnitee's request for indemnification, advise in writing the Board of Directors or such other person or persons empowered to make the determination as provided in writing Section 9(b) that Indemnitee has requested made such request for indemnification.

Appears in 1 contract

Samples: Indemnity Agreement (Bidz.com, Inc.)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as that is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification. The General Counsel of the Company (or, if there is no General Counsel, the Secretary of the Company Company) shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 1 contract

Samples: Indemnification Agreement (Reliable Power Systems Inc)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under this Agreement, following final disposition of the applicable Proceeding, the Indemnitee shall submit to the Company a written requestrequest therefor, including therein or therewith along with such documentation and information as is reasonably available to the Indemnitee and is reasonably necessary to determine whether and to what extent the Indemnitee is entitled to indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that the Indemnitee has requested indemnification.

Appears in 1 contract

Samples: Form of Indemnification Agreement (First Solar, Inc.)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification of Expenses under this Agreement, the Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to the Indemnitee and is reasonably necessary to determine whether and to what extent the Indemnitee is entitled to such indemnification. The Secretary of the Company shall, promptly upon receipt of such a request for such indemnification, advise the Board of Directors in writing that the Indemnitee has requested such indemnification.

Appears in 1 contract

Samples: Indemnification Agreement (Alcon Inc)

Procedure for Determination of Entitlement to Indemnification. (a) a. To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification, in compliance with Section 20 of this Agreement. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 1 contract

Samples: Indemnification Agreement (Dominos Pizza Inc)

Procedure for Determination of Entitlement to Indemnification. (a) To obtain indemnification under Sections 3 or 4 of this Agreement, Indemnitee shall submit a written request to the Company a written request, including therein or therewith such documentation and information as is reasonably available to Indemnitee and is reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnificationTrust. The Secretary of the Company Trust shall, promptly upon receipt of such a request for indemnification, advise the Board of Directors in writing that Indemnitee has requested indemnification.

Appears in 1 contract

Samples: Indemnification Agreement (Mercer Funds)

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