Burden of Proof. In any judicial proceeding brought under Section 10(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 126 contracts
Samples: Indemnification Agreement (NeuroMetrix, Inc.), Indemnification Agreement (Feldman Mall Properties, Inc.), Indemnification Agreement (Plug Power Inc)
Burden of Proof. In any judicial proceeding brought under Section 10(a11(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 37 contracts
Samples: Employment Agreement (ADial Pharmaceuticals, L.L.C.), Indemnification Agreement (Ezenia Inc), Indemnification Agreement (Thomas Equipment, Inc.)
Burden of Proof. In any judicial proceeding brought under Section 10(a12(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 27 contracts
Samples: Indemnification Agreement (Maguire Properties Inc), Indemnification Agreement (Maguire Properties Inc), Indemnification Agreement (Invitrogen Corp)
Burden of Proof. In any judicial proceeding brought under Section 10(a) above11(a), the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 14 contracts
Samples: Indemnification Agreement (SL Investment Corp.), Indemnification Agreement (North Haven Private Income Fund a LLC), Indemnification Agreement (Stone Point Capital Credit LLC)
Burden of Proof. In any judicial proceeding brought under Section 10(a13(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 12 contracts
Samples: Indemnification Agreement (PROS Holdings, Inc.), Form of Personal Indemnification Agreement (Majesco Entertainment Co), Indemnification Agreement (Lemaitre Vascular Inc)
Burden of Proof. In any judicial proceeding brought under Section 10(a) above, the Company shall have the burden of proving by clear and convincing evidence that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 9 contracts
Samples: Indemnification Agreement (Circor International Inc), Indemnification Agreement (Circor International Inc), Indemnification Agreement (Circor International Inc)
Burden of Proof. In any judicial proceeding brought under Section --------------- 10(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 9 contracts
Samples: Director Indemnification Agreement (C Quential Inc), Director Indemnification Agreement (Be Free Inc), Indemnification Agreement (Digitas Inc)
Burden of Proof. In any judicial proceeding brought under Section 10(a) above, the Company Companies shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 8 contracts
Samples: Indemnification Agreement (Ansys Inc), Indemnification Agreement (Ansys Inc), Ansys Director Indemnification Agreement (Ansys Inc)
Burden of Proof. In any judicial proceeding Proceeding brought under Section 10(a9(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 6 contracts
Samples: Betts Corporation Indemnification Agreement (Thomas & Betts Corp), Indemnification Agreement (Mid-America Apartments, L.P.), Betts Corporation Indemnification Agreement (Thomas & Betts Corp)
Burden of Proof. In any judicial proceeding brought under Section 10(a11(a) above, the Company shall have the burden of proving that the Indemnitee is not entitled to payment of the Indemnifiable Amounts hereunder.
Appears in 6 contracts
Samples: Indemnification Agreement (Sionix Corp), Director and Officer Indemnification Agreement (Us Global Nanospace Inc), Director and Officer Indemnification Agreement (Us Global Nanospace Inc)
Burden of Proof. In any judicial proceeding brought under --------------- Section 10(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 6 contracts
Samples: Form of Indemnification Agreement (Cypress Communications Inc), Director Indemnification Agreement (Ipg Photonics Corp), Form of Indemnification Agreement (Little Switzerland Inc/De)
Burden of Proof. In any judicial proceeding brought under Section 10(a9(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 5 contracts
Samples: Indemnification Agreement (Trustwave Holdings, Inc.), Indemnification Agreement (Trustwave Holdings, Inc.), Indemnification Agreement (Trustwave Holdings, Inc.)
Burden of Proof. In any judicial proceeding brought under Section 10(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.. β
Appears in 4 contracts
Samples: Indemnification Agreement (Watts Water Technologies Inc), Indemnification Agreement (Watts Water Technologies Inc), Indemnification Agreement (Watts Water Technologies Inc)
Burden of Proof. In any judicial proceeding brought under Section 10(a) above, the Company Corporation shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 2 contracts
Samples: Indemnification Agreement (LogMeIn, Inc.), Indemnification Agreement (LogMeIn, Inc.)
Burden of Proof. In any judicial proceeding brought under Section 10(a) above10A, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 2 contracts
Samples: Indemnification Agreement (M/a-Com Technology Solutions Holdings, Inc.), Indemnification Agreement (Qorvo, Inc.)
Burden of Proof. In any judicial proceeding brought under Section 10(a13(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment indemnification of Indemnifiable Amounts Liabilities or Indemnifiable Expenses, as applicable, hereunder.
Appears in 2 contracts
Samples: Director and Officer (Century Communities, Inc.), Director and Officer (Century Communities, Inc.)
Burden of Proof. In any judicial proceeding brought under this Section 10(a) above10, the Company shall have the burden of proving by clear and convincing evidence that Indemnitee is not entitled to payment of Indemnifiable Amounts Losses and Expenses hereunder.
Appears in 1 contract
Samples: Peoples Energy Corporation Indemnification Agreement (Peoples Energy Corp)
Burden of Proof. In any judicial proceeding brought under Section 10(a11(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts Expenses hereunder.
Appears in 1 contract
Burden of Proof. In any judicial proceeding brought under Section 10(a11(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment indemnification of Indemnifiable Amounts Liabilities or Indemnifiable Expenses, as applicable, hereunder.
Appears in 1 contract
Burden of Proof. In any judicial proceeding brought under this Section 10(a) above10, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts Losses and Expenses hereunder.
Appears in 1 contract
Samples: Form of Indemnification Agreement (optionsXpress Holdings, Inc.)
Burden of Proof. In any judicial proceeding brought under Section 10(a) above9(a), the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 1 contract
Burden of Proof. In any judicial proceeding brought under Section 10(a) 10A above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 1 contract
Samples: Director and Officer Indemnification Agreement (Ubiquiti Networks, Inc.)
Burden of Proof. In any judicial proceeding brought under Section 10(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts (or in the case of Section 8 or 9, other Expenses and Liabilities) hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Boston Properties LTD Partnership)
Burden of Proof. In any judicial proceeding brought under Section 10(a11(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment indemnification of Indemnifiable Amounts or Expenses, as applicable, hereunder.
Appears in 1 contract
Samples: Director and Officer (American Defense Systems Inc)
Burden of Proof. In any judicial proceeding brought under Section 10(a10((a)) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 1 contract
Burden of Proof. In any judicial proceeding brought under Section 10(a11(a) above, the Company Corporation shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Proteostasis Therapeutics, Inc.)
