Presumptions and Burdens of Proof; Effect of Certain Proceedings. (a) In making any determination as to Indemnitee’s entitlement to indemnification hereunder, Indemnitee shall be entitled to a presumption that he is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 5.01(b), and the Company shall have the burdens of coming forward with evidence and of persuasion to overcome that presumption.
Appears in 9 contracts
Samples: Indemnification Agreement (Macho Uno Racing Corp), Indemnification Agreement (Awesome Again Racing Corp), Indemnification Agreement (Perfect Sting Racing Corp)
Presumptions and Burdens of Proof; Effect of Certain Proceedings. (a) In making any determination as to Indemnitee’s entitlement to indemnification hereunder, Indemnitee shall be entitled to a presumption that he or she is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 5.01(b3(c), and the Company shall have the burdens of coming forward with evidence and of persuasion to overcome that presumption.
Appears in 8 contracts
Samples: Indemnification Agreement (Atlis Motor Vehicles Inc), Indemnification Agreement (Atlis Motor Vehicles Inc), Indemnification Agreement (Pacific Sports Exchange Inc.)
Presumptions and Burdens of Proof; Effect of Certain Proceedings. (a) In making any determination as to Indemnitee’s entitlement to indemnification hereunder, Indemnitee shall be entitled to a presumption that he is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 5.01(b4.01(b), and the Company shall have the burdens of coming forward with evidence and of persuasion to overcome that presumption.
Appears in 4 contracts
Samples: Indemnification Agreement (E Trade Financial Corp), Director Indemnification Agreement (Ford Motor Co), Director Indemnification Agreement (Memry Corp)
Presumptions and Burdens of Proof; Effect of Certain Proceedings. (a) In making any determination as to Indemnitee’s entitlement to indemnification hereunder, Indemnitee shall be entitled to a presumption that he is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 5.01(b3(c), and the Company shall have the burdens of coming forward with evidence and of persuasion to overcome that presumption.
Appears in 3 contracts
Samples: Indemnification Agreement (Waitr Holdings Inc.), Form of Indemnification Agreement (Innerworkings Inc), Form of Indemnification Agreement (Echo Global Logistics, Inc.)
Presumptions and Burdens of Proof; Effect of Certain Proceedings. (a) In making any determination as to Indemnitee’s entitlement to indemnification hereunder, Indemnitee shall shall, to the fullest extent not prohibited by law, be entitled to a presumption that he is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 5.01(b), and the Company shall shall, to the fullest extent not prohibited by law, have the burdens of coming forward with evidence and of persuasion to overcome that presumption.
Appears in 2 contracts
Samples: Severance Agreement (Cobalt International Energy, Inc.), Director Indemnification Agreement (Cobalt International Energy, Inc.)
Presumptions and Burdens of Proof; Effect of Certain Proceedings. (a) In making any determination as to Indemnitee’s 's entitlement to indemnification hereunder, Indemnitee shall shall, to the fullest extent not prohibited by law, be entitled to a presumption that he Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 5.01(b)5.01, and the Company shall shall, to the fullest extent not prohibited by law, have the burdens of coming forward with evidence and of persuasion to overcome that presumption.
Appears in 2 contracts
Samples: Officer Indemnification Agreement (Bank of Hawaii Corp), Officer Indemnification Agreement (Bank of Hawaii Corp)
Presumptions and Burdens of Proof; Effect of Certain Proceedings. (a) In making any determination as to Indemnitee’s 's entitlement to indemnification hereunder, Indemnitee shall be entitled to a presumption that he is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 5.01(b), and the Company shall have the burdens of coming forward with evidence and of persuasion to overcome that presumption.
Appears in 1 contract
Samples: Director Indemnification Agreement (First Data Corp)
Presumptions and Burdens of Proof; Effect of Certain Proceedings. (a) In making any determination as to Indemnitee’s entitlement to indemnification hereunder, Indemnitee shall shall, to the fullest extent not prohibited by law, be entitled to a presumption that he Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 5.01(b)5.01, and the Company shall shall, to the fullest extent not prohibited by law, have the burdens of coming forward with evidence and of persuasion to overcome that presumption.
Appears in 1 contract
Samples: Director Indemnification Agreement (Bank of Hawaii Corp)
Presumptions and Burdens of Proof; Effect of Certain Proceedings. (a) In making any determination as to Indemnitee’s entitlement to indemnification hereunder, Indemnitee shall be entitled to a presumption that he or she is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 5.01(b3(c), and the Company shall have the burdens burden of coming forward with evidence and of persuasion proof to overcome that presumption.
Appears in 1 contract
Samples: Indemnification Agreement (Superior Industries International Inc)
Presumptions and Burdens of Proof; Effect of Certain Proceedings. (a) In making any determination as to Indemnitee’s entitlement to indemnification hereunder, Indemnitee shall shall, to the fullest extent not prohibited by law, be entitled to a presumption that he is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 5.01(b), and the Company shall shall, to the fullest extent not prohibited by law, have the burdens of coming forward with evidence and of persuasion to overcome that presumptionpresumption by clear and convincing evidence.
Appears in 1 contract
Presumptions and Burdens of Proof; Effect of Certain Proceedings. (a) In making any determination as to Indemnitee’s entitlement to indemnification hereunder, Indemnitee shall be entitled to a presumption that he Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 5.01(b5.1(b), above, and the Company shall have the burdens burden of coming forward with evidence and the burden of persuasion by a preponderance of the evidence to overcome that presumption.
Appears in 1 contract
Presumptions and Burdens of Proof; Effect of Certain Proceedings. (a) In making any determination as to Indemnitee’s entitlement to indemnification hereunder, Indemnitee shall be entitled to a presumption that he is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 5.01(b4.01(b), and WC plc and the Company shall have the burdens of coming forward with evidence and of persuasion to overcome that presumption.
Appears in 1 contract
Samples: Director Indemnification Agreement (Warner Chilcott LTD)
