Common use of Burden of Proof Clause in Contracts

Burden of Proof. In connection with any determination by the Board of Directors, any court or otherwise as to whether the Indemnitee is entitled to be indemnified hereunder, the Board of Directors or court shall presume that the Indemnitee has satisfied the applicable standard of conduct and is entitled to indemnification, and the burden of proof shall be on the Company or its representative to establish, by clear and convincing evidence, that the Indemnitee is not so entitled.

Appears in 39 contracts

Samples: Indemnification Agreement (Capital Bank Corp), Indemnification Agreement (North American Financial Holdings, Inc.), Indemnification Agreement (California BanCorp)

AutoNDA by SimpleDocs

Burden of Proof. In connection with any determination by the Board of Directors, any court or otherwise as to whether the Indemnitee is entitled to be indemnified hereunder, the Board of Directors or court shall presume that the Indemnitee has satisfied the applicable standard of conduct and is entitled to indemnification, and the burden of proof shall be on the Company Bank or its representative to establish, by clear and convincing evidence, that the Indemnitee is not so entitled.

Appears in 12 contracts

Samples: Indemnification Agreement (North American Financial Holdings, Inc.), Indemnification Agreement (Manhattan Bancorp), Indemnification Agreement (Tib Financial Corp.)

Burden of Proof. In connection with any determination by the Board of Directors, any court or otherwise as to whether the Indemnitee is entitled to be indemnified hereunder, the Board of Directors or court shall presume that the Indemnitee has satisfied the applicable standard of conduct and is entitled to indemnification, and the burden of proof shall be on the Company Bank or its representative to establish, by clear and convincing evidence, that the Indemnitee is not so entitled.

Appears in 2 contracts

Samples: Indemnification Agreement (Cascade Bancorp), Indemnification Agreement (Cascade Bancorp)

Burden of Proof. In connection with any determination by the Board of Directors, any court or otherwise as to whether the Indemnitee is entitled to be indemnified hereunder, the Board of Directors or court shall presume that the Indemnitee has satisfied the applicable standard of conduct and is entitled to indemnification, and the burden of proof shall be on the Company Company, a Series or its representative their respective representatives to establish, by clear and convincing evidence, that the Indemnitee is not so entitled.

Appears in 2 contracts

Samples: Indemnification Agreement (ETRE Residential, LLC), Indemnification Agreement (Etre Reit, LLC)

Burden of Proof. In connection with any determination by the Board of DirectorsBoard, any court or otherwise as to whether the Indemnitee is entitled to be indemnified hereunder, the Board of Directors or court shall presume that the Indemnitee has satisfied the applicable standard of conduct and is entitled to indemnification, and the burden of proof shall be on the Company or its representative to establish, by clear and convincing evidence, that the Indemnitee is not so entitled.

Appears in 2 contracts

Samples: Investment and Transaction Agreement (Id Systems Inc), Indemnification Agreement (PowerFleet, Inc.)

Burden of Proof. In connection with any determination by the Board of Directors, any court or otherwise as to whether the Indemnitee is entitled to be indemnified hereunder, the Board of Directors or court shall presume that the Indemnitee has satisfied the applicable standard of conduct and is entitled to indemnification, and the burden of proof shall be on the Company or its representative to establish, by clear and convincing evidence, that the Indemnitee is not so entitled.

Appears in 2 contracts

Samples: Indemnification Agreement (Cascade Bancorp), Indemnification Agreement (Cascade Bancorp)

Burden of Proof. In connection with any determination by the Board of Directors, any court or otherwise as to whether the Indemnitee is entitled to be indemnified hereunder, the Board of Directors or court shall presume that the Indemnitee has satisfied the applicable standard of conduct and is entitled to indemnification, and the burden of proof shall be on the Company or its representative to establish, by clear and convincing evidence, that the Indemnitee is not so entitled. 6.

Appears in 1 contract

Samples: Indemnification Agreement (Pacific Mercantile Bancorp)

Burden of Proof. In connection with any determination by the Board of Directors, any court by a court, or otherwise as to about whether the Indemnitee is entitled to be indemnified hereunder, the Board of Directors or court shall presume that the Indemnitee has satisfied the applicable standard of conduct and is entitled to indemnification, and the burden of proof shall be on the Company or its representative to establish, by clear and convincing evidence, establish that the Indemnitee is not so entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Eagle Bancorp Montana, Inc.)

AutoNDA by SimpleDocs

Burden of Proof. In connection with any determination by the Board of Directors, independent legal counsel, any court or otherwise as to whether the Indemnitee is entitled to be indemnified hereunder, the Board of Directors Directors, independent legal counsel or the applicable court shall presume that the Indemnitee has satisfied the applicable standard of conduct and is entitled to indemnification, and the burden of proof shall be on the Company or its representative to establish, by clear and convincing evidence, that the Indemnitee is not so entitled.

Appears in 1 contract

Samples: Indemnification Agreement (CVB Financial Corp)

Burden of Proof. In connection with any determination by the Board of Directors, any court or otherwise as to whether the Indemnitee is entitled to be indemnified hereunder, the Board of Directors or court shall presume that the Indemnitee has satisfied the applicable standard of conduct and is entitled to indemnification, and the burden of proof shall be on the Company or its representative to establish, by clear and convincing evidence, establish that the Indemnitee is not so entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Wayne Savings Bancshares Inc /De/)

Burden of Proof. In connection with any determination by the Board of Directors, any court by a court, or otherwise as to about whether the Indemnitee is entitled to be indemnified hereunder, the Board of Directors or court shall presume that the Indemnitee has satisfied the applicable standard of conduct and is entitled to indemnification, and the burden of proof shall be on the Company Company, the Bank or its representative to establish, by clear and convincing evidence, establish that the Indemnitee is not so entitled.

Appears in 1 contract

Samples: Indemnification Agreement (Eagle Bancorp Montana, Inc.)

Burden of Proof. In connection with any determination by the Board of Directors, any court or otherwise as to whether the Indemnitee is entitled to be indemnified hereunder, the Board of Directors or court shall presume that the Indemnitee has satisfied the applicable standard of conduct and is entitled to indemnification, and the burden of proof shall be on the Company Bank or its representative to establish, by clear and convincing evidence, establish that the Indemnitee is not so entitled.

Appears in 1 contract

Samples: Investor Rights Agreement (Amalgamated Financial Corp.)

Burden of Proof. In connection with any determination by the Board of Directors, any court or otherwise as to whether the Indemnitee is entitled to be indemnified hereunder, the Board of Directors or court shall presume that the Indemnitee has satisfied the applicable standard of conduct and is entitled to indemnification, and the burden of proof shall be on the Company Bank or its representative to establish, by clear and convincing evidence, that the Indemnitee is not so entitled. 6.

Appears in 1 contract

Samples: Indemnification Agreement (Pacific Mercantile Bancorp)

Time is Money Join Law Insider Premium to draft better contracts faster.