Common use of Presumption Clause in Contracts

Presumption. The termination of a proceeding by judgment, order, settlement or conviction or upon a plea of nolo contendere or its equivalent shall not of itself create a presumption that the indemnified representative is not entitled to indemnification.

Appears in 50 contracts

Samples: Northern Tier Insurance Consortium, Limited Liability Company Agreement (Entercom Springfield, LLC), Limited Liability Company Agreement (Entercom Springfield, LLC)

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Presumption. The termination of a proceeding by judgment, order, settlement or conviction or upon a plea of nolo contendere or its equivalent shall not of itself create a presumption that the indemnified representative is not entitled to indemnificationindemnification under this Section 10.01(a).

Appears in 2 contracts

Samples: Co Investment Agreement (Western Multiplex Corp), Investment Agreement (Western Multiplex Corp)

Presumption. The termination of a proceeding Proceeding by judgment, order, settlement or conviction or upon a plea of nolo contendere or its equivalent shall not of itself create a presumption that the indemnified representative Indemnified Representative is not entitled to indemnification.

Appears in 2 contracts

Samples: Operating Agreement (Scantek Medical Inc), Agreement (Scantek Medical Inc)

Presumption. The termination of a proceeding by judgment, order, settlement or conviction or upon a plea of nolo contendere contendre or its equivalent shall not of itself create a presumption that the indemnified representative is not entitled to indemnification.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Marlin Business Services Corp), Agreement and Plan of Merger (Blue Ridge Real Estate Co)

Presumption. The termination of a proceeding Proceeding (as defined herein) by judgment, order, settlement or conviction or upon a plea of nolo contendere or its equivalent shall not of itself create a presumption that the indemnified representative Indemnified Representative is not entitled to indemnification.

Appears in 1 contract

Samples: Palci Membership Agreement

Presumption. The termination of a proceeding by judgment, order, settlement or conviction or upon a plea of nolo contendere or its equivalent shall not of itself create a presumption that the indemnified representative is not entitled to indemnificationindemnification under this Section 9.02(c).

Appears in 1 contract

Samples: Limited Liability Company Agreement (Montana Technologies Corp.)

Presumption. The termination of a proceeding by judgment, order, settlement or conviction or upon a plea of nolo contendere or its equivalent shall not of itself create a presumption that the indemnified representative is not entitled to indemnificationindemnification under this Section 11.01.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Asbury Automotive Group Inc)

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Presumption. The termination of a proceeding by judgment, order, settlement or conviction or upon a plea of nolo contendere or its equivalent shall not of itself create a presumption that the indemnified representative Indemnified Representative is not entitled to indemnification.

Appears in 1 contract

Samples: Operating Agreement (Noble Advisors, LLC)

Presumption. The termination of a proceeding by judgment, order, ----------- settlement or conviction or upon a plea of nolo contendere or its equivalent --------------- shall not of itself create a presumption that the indemnified representative is not entitled to indemnification.

Appears in 1 contract

Samples: Commercial Aggregates Transportation & Sales LLC

Presumption. The termination of a proceeding Proceeding (as defined herein) by judgment, order, settlement or conviction or upon a plea of nolo contendere or its equivalent shall not of itself create a presumption that the indemnified representative Indemnified Representative is not entitled to indemnificationindemnification.

Appears in 1 contract

Samples: Palci Membership Agreement

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