Common use of Application to Court Clause in Contracts

Application to Court. If (i) a claim for indemnification or advancement of Expenses is denied, in whole or in part, (ii) no disposition of such claim is made by the Company within ninety (90) days after the request therefore, (iii) the advancement of Expenses is not timely made pursuant to Section 6 of this Agreement or (iv) payment of indemnification is not made pursuant to Section 5 of this Agreement, the Indemnitee shall have the right to apply to the Delaware Court of Chancery, the court in which the Proceeding is or was pending, or any other court of competent jurisdiction, for the purpose of enforcing the Indemnitee’s right to indemnification (including the advancement of Expenses) pursuant to this Agreement.

Appears in 17 contracts

Samples: Indemnity Agreement (Active Network Inc), Indemnity Agreement (Active Network Inc), Indemnity Agreement (Active Network Inc)

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Application to Court. If (i) a the claim for indemnification or advancement of Expenses is denied, in whole or in part, (ii) no disposition of such claim is made by the Company within ninety sixty (9060) days after the request thereforetherefor, (iii) the advancement of Expenses is not timely made pursuant to Section 6 of this Agreement or (iv) payment of indemnification is not made pursuant to Section 5 of this Agreement, the Indemnitee shall have the right to apply to the Delaware Court of Chancery, the court in which the Proceeding is or was pending, pending or any other court of competent jurisdiction, for the purpose of enforcing the Indemnitee’s right to indemnification (including the advancement of Expenses) pursuant to this Agreement.

Appears in 15 contracts

Samples: Indemnification Agreement (GenMark Diagnostics, Inc.), Form of Indemnification Agreement (Axiom Oil & Gas Corp.), Indemnification Agreement (TC Power Management Corp.)

Application to Court. If (i) a the claim for indemnification or advancement of Expenses is denied, in whole or in part, (ii) no disposition of such claim is made by the Company within ninety (90) days after the request thereforetherefor, (iii) the advancement of Expenses is not timely made pursuant to Section 6 of this Agreement or (iv) payment of indemnification is not made pursuant to Section 5 of this Agreement, the Indemnitee shall have the right to apply to the Delaware Court of Chancery, the court in which the Proceeding is or was pending, pending or any other court of competent jurisdiction, for the purpose of enforcing the Indemnitee’s right to indemnification (including the advancement of Expenses) pursuant to this Agreement.

Appears in 12 contracts

Samples: Indemnity Agreement (Rae Systems Inc), Indemnity Agreement (Convio, Inc.), Indemnity Agreement (Jda Software Group Inc)

Application to Court. If (i) a claim for indemnification or advancement of Expenses is denied, in whole or in part, (ii) no disposition of such claim is made by the Company within ninety (90) 60 days after the request therefore, (iii) the advancement of Expenses is not timely made pursuant to Section 6 of this Agreement or (iv) payment of indemnification is not made pursuant to Section 5 of this Agreement, the Indemnitee shall have the right to apply to the Delaware Court of Chancery, the court in which the Proceeding is or was pending, or any other court of competent jurisdiction, for the purpose of enforcing the Indemnitee’s right to indemnification (including the advancement of Expenses) pursuant to this Agreement.

Appears in 6 contracts

Samples: Indemnification Agreement (Biota Pharmaceuticals, Inc.), Indemnification Agreement (Paylocity Holding Corp), Indemnification Agreement (RetailMeNot, Inc.)

Application to Court. If (i) a the claim for indemnification or advancement of Expenses is denied, in whole or in part, (ii) no disposition of such claim is made by the Company within ninety (90) business days after the request thereforetherefor, (iii) the advancement of Expenses is not timely made pursuant to Section 6 of this Agreement or (iv) payment of indemnification is not made pursuant to Section 5 of this Agreement, the Indemnitee shall have the right to apply to the Delaware Court of Chancery, the court in which the Proceeding is or was pending, pending or any other court of competent jurisdiction, for the purpose of enforcing the Indemnitee’s right to indemnification (including the advancement of Expenses) pursuant to this Agreement.

Appears in 5 contracts

Samples: Limited Partnership Agreement (Premier, Inc.), Limited Partnership Agreement (Premier, Inc.), Form of Indemnification Agreement (Premier, Inc.)

Application to Court. If (i) a the claim for indemnification or advancement of Expenses is denied, in whole or in part, (ii) no disposition of such claim is made by the Company within ninety (90) days after the request thereforetherefor, (iii) the advancement of Expenses is not timely made pursuant to Section 6 of this Agreement Agreement, or (iv) payment of indemnification is not made pursuant to Section 5 of this Agreement, the Indemnitee shall have the right to apply to the Delaware Court of Chancery, the court in which the Proceeding is or was pending, pending or any other court of competent jurisdiction, for the purpose of enforcing the Indemnitee’s right to indemnification (including the advancement of Expenses) pursuant to this Agreement.

Appears in 4 contracts

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

Application to Court. If (i) a claim for indemnification or advancement of Expenses is denied, in whole or in part, (ii) no disposition of such claim is made by the Company within ninety (90) 60 days after the request therefore, (iii) the advancement of Expenses is not timely made pursuant to Section 6 of this Agreement Agreement, or (iv) payment of indemnification is not made pursuant to Section 5 of this Agreement, the Indemnitee shall have the right at his or her option to apply to the Delaware Court of Chancery, the court in which the Proceeding is or was pending, or any other court of competent jurisdiction, for the purpose of enforcing the Indemnitee’s right to indemnification (including the advancement of Expenses) pursuant to this Agreement. Upon written request by Indemnitee, the Company shall consent to service of process.

Appears in 2 contracts

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

Application to Court. If (i) a claim for indemnification or advancement of Expenses is denied, in whole or in part, (ii) no disposition of such claim is made by the Company within ninety (90) 60 days after the request therefore, (iii) the advancement of Expenses is not timely made pursuant to Section 6 of this Agreement or (iv) payment of indemnification is not made pursuant to Section 5 of this Agreement, the Indemnitee shall have the right at his or her option to apply to the Delaware Court of Chancery, the court in which the Proceeding is or was pending, or any other court of competent jurisdiction, for the purpose of enforcing the Indemnitee’s right to indemnification (including the advancement of Expenses) pursuant to this Agreement. Upon written request by Indemnitee, the Company shall consent to service of process.

Appears in 2 contracts

Samples: Indemnification Agreement (On24 Inc), Indemnification Agreement (Akoya Biosciences, Inc.)

Application to Court. If (i) a the Indemnitee’s claim for indemnification or advancement of Expenses is denied, in whole or in part, (ii) no disposition of such claim is made by the Company within ninety (90) days after the request thereforetherefor, (iii) the advancement of Expenses is not timely made pursuant to Section 6 of this Agreement or (iv) payment of indemnification is not made pursuant to Section 5 of this Agreement, the Indemnitee shall have the right to apply to the Delaware Court of ChanceryCourt, the court in which the Proceeding is or was pending, pending or any other court of competent jurisdiction, for the purpose of enforcing the Indemnitee’s right to indemnification (including the advancement of Expenses) pursuant to this Agreement.

Appears in 2 contracts

Samples: Form of Indemnity Agreement (Marchex Inc), Form of Indemnity Agreement (Marchex Inc)

Application to Court. If (i) a the claim for indemnification or advancement of Expenses is denied, in whole or in part, (ii) no disposition of such claim is made by the Company within ninety (90) days after the request thereforetherefor, (iii) the advancement of Expenses is not timely made pursuant to Section 6 of this Agreement or (iv) payment of indemnification is not made pursuant to Section 5 of this Agreement, the Indemnitee Indemnitees shall have the right to apply to the Delaware Court of Chancery, the court in which the Proceeding is or was pending, pending or any other court of competent jurisdiction, for the purpose of enforcing the Indemnitee’s Indemnitees’ right to indemnification (including the advancement of Expenses) pursuant to this Agreement.

Appears in 2 contracts

Samples: Indemnity Agreement (iBio, Inc.), Indemnity Agreement (Motorsport Games Inc.)

Application to Court. If (i) a claim for indemnification or advancement of Expenses is denied, in whole or in part, (ii) no disposition of such claim is made by the Company within ninety (90) 60 days after the request therefore, (iii) the advancement of Expenses is not timely made pursuant to Section 6 of this Agreement or (iv) payment of indemnification is not made pursuant to Section 5 of this Agreement, the Indemnitee shall have the right at Indemnitee’s option to apply to the Delaware Court of ChanceryCourt, the court in which the Proceeding is or was pending, or any other court of competent jurisdiction, for the purpose of enforcing the Indemnitee’s right to indemnification (including the advancement of Expenses) pursuant to this Agreement. Upon written request by Indemnitee, the Company shall consent to service of process.

Appears in 1 contract

Samples: Indemnification Agreement (PROS Holdings, Inc.)

Application to Court. If (i) a claim for indemnification or advancement of Expenses is denied, in whole or in part, (ii) no disposition of such claim is made by the Company within ninety (90) days after the request thereforetherefor, (iii) the advancement of Expenses is not timely made pursuant to Section 6 of this Agreement or (iv) payment of indemnification is not made pursuant to Section 5 of this Agreement, the Indemnitee shall have the right to apply to the Delaware Court of Chancery, the court in which the Proceeding is or was pending, or any other court of competent jurisdiction, for the purpose of enforcing the Indemnitee’s right to indemnification (including the advancement of Expenses) pursuant to this Agreement.

Appears in 1 contract

Samples: Indemnity Agreement (Intelepeer Inc)

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Application to Court. If (i) a claim for indemnification or advancement of Expenses is denied, in whole or in part, (ii) no disposition of such claim is made by the Company within ninety (90) days after the request thereforetherefor, (iii) the advancement of Expenses is not timely made pursuant to Section 6 of this Agreement or (iv) payment of indemnification is not made pursuant to Section 5 of this Agreement, the Indemnitee shall have the right to apply to the Delaware Court of Chancery, the court in which the Proceeding is or was pending, or any other court of competent jurisdiction, for the purpose of enforcing the Indemnitee’s 's right to indemnification (including the advancement of Expenses) pursuant to this Agreement.

Appears in 1 contract

Samples: Indemnity Agreement (Jack in the Box Inc /New/)

Application to Court. If (i) a the Indemnitee’s claim for indemnification or advancement of Expenses is denied, in whole or in part, (ii) no disposition of such claim is made by the Company Corporation within ninety thirty (9030) days after the request thereforetherefor, (iii) the advancement of Expenses is not timely made pursuant to Section 6 11 of this Agreement or (iv) payment of indemnification is not made pursuant to Section 5 8 of this Agreement, the Indemnitee shall have the right to apply to the Delaware Court of ChanceryChancery of the State of Delaware, the court in which the Proceeding is or was pending, pending or any other court of competent jurisdiction, for the purpose of enforcing the Indemnitee’s right to indemnification (including the advancement of Expenses) pursuant to this Agreement.

Appears in 1 contract

Samples: Indemnity Agreement (Pico Holdings Inc /New)

Application to Court. If (i) a claim for indemnification or advancement of Expenses is denied, in whole or in part, (ii) no disposition of such claim is made by the Company within ninety (90) 60 days after the request therefore, (iii) the advancement of Expenses is not timely made pursuant to Section 6 of this Agreement or (iv) payment of indemnification is not made pursuant to Section 5 of this Agreement, the Indemnitee shall have the right at his option to apply to the Delaware Court of Chancery, the court in which the Proceeding is or was pending, or any other court of competent jurisdiction, for the purpose of enforcing the Indemnitee’s right to indemnification (including the advancement of Expenses) pursuant to this Agreement. Upon written request by Indemnitee, the Company shall consent to service of process.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Bone Biologics Corp)

Application to Court. If (i) a the claim for indemnification or advancement of Expenses is denied, in whole or in part, (ii) no disposition of such claim is made by the Company within ninety (90) days after the request thereforetherefor, (iii) the advancement of Expenses is not timely made pursuant to Section 6 of this Agreement or (iv) payment of indemnification is not made pursuant to Section 5 of this Agreement, the Indemnitee shall have the right to apply to the Delaware Court of Chancery, the court in which the Proceeding is or was pending, pending or any other court of competent jurisdiction, for the purpose of enforcing the Indemnitee’s right to indemnification (including the advancement of Expenses) pursuant to this Agreement.

Appears in 1 contract

Samples: Indemnity Agreement (Velti PLC)

Application to Court. If (i) a claim for indemnification or advancement of Expenses is denied, in whole or in part, (ii) no disposition of such claim is made by the Company within ninety (90) 90 days after the request therefore, (iii) the advancement of Expenses is not timely made paid in full within 90 days pursuant to Section 6 of this Agreement or (iv) payment of indemnification is not made pursuant to Section 5 of this Agreement, the Indemnitee shall have the right to apply to the Delaware Court of Chancery, the court in which the Proceeding is or was pending, or any other court of competent jurisdiction, at Indemnitee's sole discretion, for the purpose of enforcing the Indemnitee’s 's right to indemnification (including the advancement of Expenses) pursuant to this Agreement.

Appears in 1 contract

Samples: Indemnity Agreement (Extreme Networks Inc)

Application to Court. If (i) a the Indemnitee's claim for indemnification or advancement of Expenses is denied, in whole or in part, (ii) no disposition of such claim is made by the Company Corporation within ninety (90) days after the request thereforetherefor, (iii) the advancement of Expenses is not timely made pursuant to Section 6 11 of this Agreement or (iv) payment of indemnification is not made pursuant to Section 5 8 of this Agreement, the Indemnitee shall have the right to apply to the Delaware Court of ChanceryChancery of the State of Delaware, the court in which the Proceeding is or was pending, pending or any other court of competent jurisdiction, for the purpose of enforcing the Indemnitee’s 's right to indemnification (including the advancement of Expenses) pursuant to this Agreement.

Appears in 1 contract

Samples: Indemnity Agreement (UCP, Inc.)

Application to Court. If (i) a claim for indemnification or advancement of Expenses is denied, in whole or in part, (ii) no disposition of such claim is made by the Company within ninety (90) days after the request thereforetherefor, (iii) the advancement of Expenses is not timely made pursuant to Section 6 of this Agreement or (iv) payment of indemnification is not made pursuant to Section 5 of this Agreement, the Indemnitee shall have the right to apply to the Delaware Court of Chancery, the court in which the Proceeding is or was pending, or any other court of competent jurisdiction, for the purpose of enforcing the Indemnitee’s right to indemnification (including the advancement of Expenses) pursuant to this Agreement.. EXHIBIT 10.26

Appears in 1 contract

Samples: Indemnity Agreement (Ross Stores Inc)

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