Common use of Presumptions and Effect of Certain Proceedings Clause in Contracts

Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 206 contracts

Samples: Indemnification Agreement (Future of Housing Fund, Inc.), Indemnification Agreement (Ares Strategic Income Fund), Indemnification Agreement (Ares Strategic Income Fund)

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Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome overcoming that presumption in connection with the making of any determination contrary to that presumption.

Appears in 145 contracts

Samples: Indemnification Agreement (Armada Hoffler Properties, Inc.), Form of Indemnification Agreement (BIP Ventures Evergreen BDC), Form of Indemnification Agreement (BIP Evergreen Venture Fund)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a9(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 113 contracts

Samples: Form of Indemnification Agreement (X1 Capital Inc.), Indemnification Agreement (MONROE CAPITAL Corp), Form of Indemnification Agreement (Owl Rock Technology Finance Corp. II)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or person, persons or entity making such determination shall shall, to the fullest extent not prohibited by law, presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall shall, to the fullest extent not prohibited by law, have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 106 contracts

Samples: Indemnification Agreement (Aja Holdco, Inc.), Indemnification Agreement (Ibotta, Inc.), Indemnification Agreement (Sushi Ginza Onodera, Inc.)

Presumptions and Effect of Certain Proceedings. (a) In To the extent permitted by applicable law, in making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination it shall presume be presumed that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a9(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 78 contracts

Samples: Form of Director Indemnification Agreement (Dianthus Therapeutics, Inc. /DE/), Form of Indemnification Agreement (Fifth Wall Acquisition Corp. III), Form of Indemnification Agreement (Fifth Wall Acquisition Corp. II)

Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity (including any court having jurisdiction over the matter) making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome overcoming that presumption in connection with the making of any determination contrary to that presumption.

Appears in 77 contracts

Samples: Indemnification Agreement (Peakstone Realty Trust), Indemnification Agreement (Angel Oak Mortgage REIT, Inc.), Indemnification Agreement (NCR Atleos Corp)

Presumptions and Effect of Certain Proceedings. (a) In To the extent permitted by applicable law, in making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination it shall presume be presumed that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a9(a) of this Agreement, and the Company shall have the burden of proof and the burden of persuasion by clear and convincing evidence to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 74 contracts

Samples: Indemnification Agreement (Cerence Inc.), ] Indemnification Agreement (Brightcove Inc), Form of Director Indemnification Agreement (Q32 Bio Inc.)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or person, persons or entity making such determination shall shall, to the fullest extent not prohibited by law, presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall shall, to the fullest extent not prohibited by law, have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumptionby clear and convincing evidence.

Appears in 70 contracts

Samples: Indemnification Agreement (Rubrik, Inc.), Indemnification Agreement (Silk Road Medical Inc), Indemnification Agreement (Carmot Therapeutics Inc.)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person Person or persons or entity Persons making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of Agreement. Anyone seeking to overcome this Agreement, and the Company presumption shall have the burden of proof to overcome that presumption in connection with and the making burden of any determination contrary to that presumptionpersuasion by clear and convincing evidence.

Appears in 43 contracts

Samples: Indemnification Agreement (Diversified Healthcare Trust), Indemnification Agreement (Office Properties Income Trust), Indemnification Agreement (Fortress Net Lease REIT)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunderindemnification, the person or persons or entity making such determination Indemnitee shall presume that Indemnitee is be presumed to be entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, hereunder and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that such presumption.

Appears in 40 contracts

Samples: Form of Indemnification Agreement (Ani Pharmaceuticals Inc), Executive Employment Agreement (Ani Pharmaceuticals Inc), Executive Employment Agreement (Ani Pharmaceuticals Inc)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a7(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 40 contracts

Samples: Form of Indemnification Agreement (Senior Housing Properties Trust), Indemnification Agreement (Five Star Senior Living Inc.), Indemnification Agreement (Five Star Quality Care Inc)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a6(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Appears in 28 contracts

Samples: Indemnification Agreement (Western Digital Corp), Indemnification Agreement (Forbes Energy Services Ltd.), Severance Agreement and Release (Powell Industries Inc)

Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof and the burden of persuasion by clear and convincing evidence to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 26 contracts

Samples: Indemnification Agreement (Hudson Pacific Properties, L.P.), Indemnification Agreement (Hudson Pacific Properties, L.P.), Indemnification Agreement (Spirit Realty Capital, Inc.)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company Indemnitors shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 19 contracts

Samples: Indemnification Agreement (Empire State Realty OP, L.P.), Indemnification Agreement (Empire State Realty Trust, Inc.), Indemnification Agreement (Empire State Realty Trust, Inc.)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons Person, Persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement8(a), and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Appears in 17 contracts

Samples: Indemnification Agreement (Petroquest Energy Inc), Indemnification Agreement (Petroquest Energy Inc), Indemnification Agreement (Petroquest Energy Inc)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or person, persons or entity making such determination shall shall, to the fullest extent not prohibited by law, presume that the Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this AgreementDeed, and the Company shall Indemnitors shall, to the fullest extent not prohibited by law, have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumptionby clear and convincing evidence.

Appears in 16 contracts

Samples: Deed of Indemnification (Kalera Public LTD Co), Kalera Public LTD Co, Kalera Public LTD Co

Presumptions and Effect of Certain Proceedings. (a) In making any determination a determination, with respect to entitlement to indemnification hereunder, the person Person or persons or entity Persons making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) 4 of this Agreement, and the Company shall have bear the burden of proof to overcome rebut that presumption in connection with the making by any Person or Persons of any determination contrary to that presumption.

Appears in 10 contracts

Samples: Indemnification Agreement (Resource Capital Corp.), Form of Indemnification Agreement (Starwood Property Trust, Inc.), Indemnification Agreement (Colony Starwood Homes)

Presumptions and Effect of Certain Proceedings. (a) a. In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 9 contracts

Samples: Indemnification Agreement (Altmore BDC, Inc.), Indemnification Agreement (FIDUS INVESTMENT Corp), Form of Indemnification Agreement (Barings Private Credit LLC)

Presumptions and Effect of Certain Proceedings. (a) a. In making any a determination with respect to entitlement to indemnification or payment of Expenses hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification or payment of Expenses under this Agreement if Indemnitee has submitted a request for indemnification or payment of Expenses in accordance with Section 10(a) 4 of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 8 contracts

Samples: Indemnification Agreement (Endurance Specialty Holdings LTD), Indemnification Agreement (Endurance Specialty Holdings LTD), Indemnification Agreement (Endurance Specialty Holdings LTD)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination it shall presume be presumed that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) 9 of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 7 contracts

Samples: Indemnification Agreement (New York REIT Liquidating LLC), Indemnification Agreement (New York REIT Liquidating LLC), Indemnification Agreement (New York REIT Liquidating LLC)

Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a9(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 7 contracts

Samples: Form of Indemnification Agreement (Lafayette Square Gulf Coast BDC, LLC), Form of Indemnification Agreement (Lafayette Square Mid-Atlantic BDC, LLC), Form of Indemnification Agreement (Lafayette Square Southeast BDC, LLC)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or person, persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a8(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Appears in 6 contracts

Samples: ’s Wholesale (BJ's Wholesale Club Holdings, Inc.), ’s Wholesale (BJ's Wholesale Club Holdings, Inc.), ’s Wholesale (BJ's Wholesale Club Holdings, Inc.)

Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreementhereof, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 6 contracts

Samples: Indemnification Agreement (Independence Realty Trust, Inc), Form of Indemnification Agreement (RREEF Property Trust, Inc.), Form of Indemnification Agreement (RREEF America Property Income Trust, Inc.)

Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification a Determination hereunder, the person or persons or entity making such determination Determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary and may only do so by showing that there is a reasonable basis to that presumptionsupport it.

Appears in 5 contracts

Samples: Form of Indemnification Agreement (EQT Exeter Real Estate Income Trust, Inc.), Indemnification Agreement (Sculptor Diversified Real Estate Income Trust, Inc.), Indemnification Agreement (Oaktree Real Estate Income Trust, Inc.)

Presumptions and Effect of Certain Proceedings. (a) In a)In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome overcoming that presumption in connection with the making of any determination contrary to that presumption.

Appears in 5 contracts

Samples: Indemnification Agreement (Digital Realty Trust, L.P.), Indemnification Agreement (Alpine Income Property Trust, Inc.), Indemnification Agreement (Alpine Income Property Trust, Inc.)

Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a11(a) of this Agreement, and the Company shall have the burden of proof to overcome overcoming that presumption in connection with the making of any determination contrary to that presumption.

Appears in 5 contracts

Samples: Indemnification Agreement (Global Net Lease, Inc.), Indemnification Agreement (Global Net Lease, Inc.), Indemnification Agreement (Global Net Lease, Inc.)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or person, persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) 4 of this Agreement, and the Company shall have bear the burden of proof to overcome rebut that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Appears in 5 contracts

Samples: Indemnity Agreement (Cti Biopharma Corp), Indemnification Agreement (Guess Inc Et Al/Ca/), Indemnification Agreement (Ic Isaacs & Co Inc)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person Person or persons or entity Persons making such determination shall shall, to the fullest extent not prohibited by law, presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall shall, to the fullest extent not prohibited by law, have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 4 contracts

Samples: Director Indemnification Agreement (BloomZ Inc.), Indemnification Agreement (HeartCore Enterprises, Inc.), Director Indemnification Agreement (Zerospo)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, (i) the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) 4.1 of this Agreement, and (ii) the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 4 contracts

Samples: Indemnification Agreement (Quality Care Properties, Inc.), Indemnification Agreement (Kilroy Realty Corp), Indemnification Agreement (Health Care Property Investors Inc)

Presumptions and Effect of Certain Proceedings. (a) In Upon making any determination with respect a request for indemnification, Indemnitee shall be presumed to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is be entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company Corporation shall have the burden of proof to overcome that presumption by a preponderance of the evidence in connection with the making of reaching any determination contrary to that presumptiondetermination.

Appears in 4 contracts

Samples: Form of Indemnification Agreement (Textainer Group Holdings LTD), Indemnification Agreement (Telanetix,Inc), Indemnification Agreement (Image Entertainment Inc)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a6(a) of this Agreement, Agreement and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Appears in 4 contracts

Samples: Indemnification Agreement (La Jolla Pharmaceutical Co), Indemnification Agreement (La Jolla Pharmaceutical Co), Indemnification Agreement (La Jolla Pharmaceutical Co)

Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company Trust shall have the burden of proof to overcome overcoming that presumption in connection with the making of any determination contrary to that presumption.

Appears in 4 contracts

Samples: Form of Indemnification Agreement (N1 Liquidating Trust), Indemnification Agreement (Investors Real Estate Trust), Indemnification Agreement (Chambers Street Properties)

Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity (including any court having jurisdiction over the matter) making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.with

Appears in 4 contracts

Samples: Form of Indemnification Agreement (NetSTREIT Corp.), Form of Indemnification Agreement (NetSTREIT Corp.), Form of Indemnification Agreement (NetSTREIT Corp.)

Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) 10 of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 3 contracts

Samples: Executive Employment Agreement (FelCor Lodging Trust Inc), Indemnification Agreement (FelCor Lodging Trust Inc), Indemnification Agreement (FelCor Lodging Trust Inc)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunderindemnification, the person or persons or entity making such determination Indemnitee shall presume that Indemnitee is be presumed to be entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, hereunder and the Company shall have the burden of proof be required to overcome that presumption in connection with make any showing necessary to the making of any determination contrary to that such presumption.

Appears in 3 contracts

Samples: Indemnification Agreement (Cousins Properties Inc), Indemnification Agreement (Lodgian Inc), Indemnification Agreement (Cousins Properties Inc)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or person, persons or entity making such determination shall shall, to the fullest extent not prohibited by law, presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall shall, to the fullest extent not prohibited by law, have the burden of proof to overcome that presumption in connection with the making by such person, persons or entity of any determination contrary to that presumption.

Appears in 3 contracts

Samples: Indemnification Agreement, Indemnification Agreement (Outerwall Inc), Indemnification Agreement (Juno Therapeutics, Inc.)

Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company Fund shall have the burden of proof proof, by clear and convincing evidence, to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 3 contracts

Samples: Form of Indemnification Agreement (CION Ares Diversified Credit Fund), Form of Indemnification Agreement (Ares Multi-Strategy Credit Fund, Inc.), Form of Indemnification Agreement (Ares Dynamic Credit Allocation Fund, Inc.)

Presumptions and Effect of Certain Proceedings. (a) In a)To the extent permitted by applicable law, in making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination it shall presume be presumed that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a9(a) of this Agreement, and the Company shall have the burden of proof and the burden of persuasion by clear and convincing evidence to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 3 contracts

Samples: Indemnification Agreement (Aytu Biopharma, Inc), Indemnification Agreement (Enfusion, Inc.), Indemnification Agreement (Plug Power Inc)

Presumptions and Effect of Certain Proceedings. (a) In To the extent permitted by applicable law, in making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination it shall presume be presumed that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a9(a) of this Agreement, and the Company shall have the burden of proof and the burden of persuasion by clear and convincing evidence to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 3 contracts

Samples: Form of Director Indemnification Agreement (Disc Medicine, Inc.), Indemnification Agreement (Aura Biosciences, Inc.), Indemnification Agreement (Ikena Oncology, Inc.)

Presumptions and Effect of Certain Proceedings. (ai) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 3 contracts

Samples: Indemnification Agreement (Terreno Realty Corp), Indemnification Agreement (Terreno Realty Corp), Indemnification Agreement (Terreno Realty Corp)

Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification a Determination hereunder, the person or persons or entity (including any court having jurisdiction over the matter) making such determination Determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to overcoming that presumption.

Appears in 3 contracts

Samples: Indemnification Agreement (Invitation Homes Inc.), Indemnification Agreement (Invitation Homes Inc.), Indemnification Agreement (Invitation Homes Inc.)

Presumptions and Effect of Certain Proceedings. (a) 10.1 In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall must presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the 9.1. The Company shall will have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 3 contracts

Samples: Indemnification Agreement (Aames Investment Corp), Indemnification Agreement (Aames Investment Corp), Indemnification Agreement (Aames Investment Corp)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or person, persons or entity making such determination shall shall, to the fullest extent not prohibited by law, presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall shall, to the fullest extent not prohibited by law, have the burden of proof to overcome that presumption in connection with the making by such person, persons or entity of any determination contrary to that presumption.

Appears in 3 contracts

Samples: Indemnification Agreement (At Home Group Inc.), Form of Indemnification Agreement (GMS Inc.), Form of Indemnification Agreement (GoDaddy Inc.)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person Person or persons or entity Persons making such determination shall presume that Indemnitee an Indemnified Person is entitled to indemnification under this Agreement if Indemnitee such Indemnified Person has submitted a request for indemnification in accordance with Section 10(a8(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption by clear and convincing evidence in connection with the making by any Person or Persons of any determination contrary to that presumption.

Appears in 3 contracts

Samples: Indemnification Agreement (Oaktree Capital Group, LLC), Indemnification Agreement (Oaktree Capital Group, LLC), Indemnification Agreement (Oaktree Capital Group, LLC)

Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption presumption, by clear and convincing evidence, in connection with the making of any determination contrary to that presumption.

Appears in 2 contracts

Samples: Indemnification Agreement (Monmouth Real Estate Investment Corp), Indemnification Agreement (Umh Properties, Inc.)

Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 2 contracts

Samples: Indemnification Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Indemnification Agreement (MPG Office Trust, Inc.)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or person, persons or entity making such determination shall in each case presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a written request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 2 contracts

Samples: Indemnification Agreement (Trade Street Residential, Inc.), Indemnification Agreement (Trade Street Residential, Inc.)

Presumptions and Effect of Certain Proceedings. (a) In making any determination a Determination with respect to entitlement to indemnification hereunderindemnification, the person or persons or entity making such determination Indemnitee shall presume that Indemnitee is be presumed to be entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, hereunder and the Company shall have the burden of proof be required to overcome that presumption in connection with make any showing necessary to the making of any determination contrary to that such presumption.

Appears in 2 contracts

Samples: Indemnification Agreement (Cellu Tissue Holdings, Inc.), Indemnification Agreement (Cellu Tissue Holdings, Inc.)

Presumptions and Effect of Certain Proceedings. (a) In a)In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a8(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Appears in 2 contracts

Samples: 3 Agreement (Midcoast Energy Resources Inc), 8 Agreement (Midcoast Energy Resources Inc)

Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof and the burden of persuasion by clear and convincing Exhibit 10.84 evidence to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 2 contracts

Samples: Indemnification Agreement (Hudson Pacific Properties, L.P.), Indemnification Agreement (Hudson Pacific Properties, Inc.)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination under Section 6(c) with respect to entitlement to indemnification hereunderunder Section 3(a), the person or person, persons or entity making such that determination shall must presume that Indemnitee is entitled to that indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement6(a), and the Company shall and the Partnership will have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Appears in 2 contracts

Samples: Form of Indemnification Agreement (Abraxas Energy Partners LP), Form of Indemnification Agreement (Abraxas Petroleum Corp)

Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunderunder this Agreement, the person or persons or entity making such determination shall presume it must be presumed that Indemnitee is entitled to that indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement5(a), and the Company shall and the Partnership will have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Appears in 2 contracts

Samples: Indemnification Agreement (Encore Energy Partners LP), Indemnification Agreement (Encore Energy Partners LP)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunderindemnification, the person or persons or entity making such the determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Appears in 2 contracts

Samples: Indemnification Agreement (Gsi Group Inc), Indemnification Agreement (Gsi Group Inc)

Presumptions and Effect of Certain Proceedings. (a) In a)To the extent permitted by applicable law, in making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination it shall presume be presumed that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a9(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 2 contracts

Samples: Plug Power (Plug Power Inc), Officer Indemnification Agreement (Plug Power Inc)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunderhereunder relating to a Proceeding, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a9(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 2 contracts

Samples: Indemnification Agreement (PHH Corp), Form of Indemnification Agreement (PHH Corp)

Presumptions and Effect of Certain Proceedings. (a) In When making any a determination with respect to entitlement to indemnification hereunderindemnification, the person or person, persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request Request for indemnification Indemnification in accordance with Section 10(a8(a) of this Agreement, and the Company Corporation shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 2 contracts

Samples: Indemnification Agreement (Ryder System Inc), Indemnification Agreement (Ryder System Inc)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a8(a) of this Agreementhereof, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Appears in 2 contracts

Samples: Indemnification Agreement (Vestis Corp), Indemnification Agreement (Epic NewCo, Inc.)

Presumptions and Effect of Certain Proceedings. (a) In When making any a determination with respect to entitlement to indemnification hereunderindemnification, the person or person, persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request Request for indemnification Indemnification in accordance with Section 10(a7(a) of this Agreement, and the Company Corporation shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 2 contracts

Samples: Indemnification Agreement (21st Century Holding Co), Indemnification Agreement (21st Century Holding Co)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 10(a7(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 2 contracts

Samples: Indemnification Agreement (Campus Crest Communities, Inc.), Indemnification Agreement (Campus Crest Communities, Inc.)

Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement), and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 2 contracts

Samples: Indemnification Agreement (Healthcare Trust of America Holdings, LP), Indemnification Agreement (Healthcare Trust of America Holdings, LP)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or person, persons or entity making such that determination shall must presume that Indemnitee is entitled to indemnification under this Agreement hereunder if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement8(a), and the Company shall will have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.any

Appears in 2 contracts

Samples: Indemnification Agreement (Us Concrete Inc), Indemnification Agreement for Ronnie (Us Concrete Inc)

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Presumptions and Effect of Certain Proceedings. (a) In making connection with any determination with respect concerning the Indemnitee’s right to entitlement to indemnification hereunderindemnification, the person Person or persons or entity Persons making such determination shall presume that the Indemnitee has satisfied the applicable standard of conduct and is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of 10 above, and, except where any required undertaking under Section 8 has not been delivered to the Company, anyone seeking to overcome this Agreement, and the Company presumption shall have the burden of proof to overcome that presumption in connection with the making and burden of any determination contrary to that presumptionpersuasion, by clear and convincing evidence.

Appears in 2 contracts

Samples: Indemnity Agreement (Northwest Natural Gas Co), Indemnity Agreement (Northwest Natural Gas Co)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or person, persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a11(b) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Appears in 2 contracts

Samples: Indemnity Agreement (Halcon Resources Corp), Indemnity Agreement (Petrohawk Energy Corp)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person Person or persons or entity Persons making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a9(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 2 contracts

Samples: Indemnification Agreement (Peoples Choice Financial Corp), Indemnification Agreement (Cypress Sharpridge Investments, Inc.)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a6(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 2 contracts

Samples: Form of Indemnification Agreement (Travelcenters of America LLC), Form of Indemnification Agreement (Travelcenters of America LLC)

Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof and the burden of persuasion by clear and convincing evidence to overcome that presumption in connection with the making of any determination contrary to that presumption.. Exhibit 10.2

Appears in 2 contracts

Samples: Indemnification Agreement (Hudson Pacific Properties, L.P.), Indemnification Agreement (Hudson Pacific Properties, L.P.)

Presumptions and Effect of Certain Proceedings. (a) In To the extent permitted by applicable law, in making any a determination with respect to entitlement to the permissibility of indemnification hereunder, the person or persons or entity making such determination it shall presume be presumed that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a9(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 2 contracts

Samples: Indemnification Agreement (Parexel International Corp), Indemnification Agreement (Lojack Corp)

Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof proof, by clear and convincing evidence, to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 2 contracts

Samples: Indemnification Agreement (Hospitality Investors Trust, Inc.), Registration Rights Agreement (American Realty Capital Hospitality Trust, Inc.)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons person, persons, or entity making such determination shall shall, to the fullest extent not prohibited by law, presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall shall, to the fullest extent not prohibited by law, have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 2 contracts

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

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Appears in 1 contract

Samples: Indemnification Agreement (Netsource Communications Inc)

Presumptions and Effect of Certain Proceedings. (a) A. In making any a determination with respect to entitlement to indemnification hereunder, the person or person, persons or entity making such determination shall shall, to the fullest extent not prohibited by law, presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall shall, to the fullest extent not prohibited by law, have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 1 contract

Samples: Indemnification Agreement (Hiro Systems PBC)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons Person, Persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement8(a), and the Company shall have the burden of proof to overcome that presumption in connection with the making by any Person, Persons or entity of any determination contrary to that presumption.

Appears in 1 contract

Samples: Indemnification Agreement (Mission Resources Corp)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement whether the Indemnitee is entitled to indemnification hereunder, the person or persons or entity making such determination Company shall presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification an Indemnification Request in accordance with Section 10(a8(a) of this Agreementhereof, and the Company anyone seeking to overcome this presumption shall have the burden of proof to overcome that presumption in connection with and the making burden of any determination contrary to that presumptionpersuasion, by clear and convincing evidence.

Appears in 1 contract

Samples: Indemnification Agreement (Cyanotech Corp)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons attorneys or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a8(a) of this Agreement, and the Company SCI shall have the burden of proof to overcome that presumption in connection with the making by any person, attorneys or entity of any determination contrary to that presumption.

Appears in 1 contract

Samples: Indemnity Agreement

Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunderhereunder or to the reasonableness of any Expenses, the person or persons or entity (including any court having jurisdiction over the matter) making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome overcoming that presumption in connection with the making of any determination contrary to that presumption.

Appears in 1 contract

Samples: Indemnification Agreement (Phillips Edison & Company, Inc.)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunderindemnification, the person or persons or entity making such determination Indemnitee shall presume that Indemnitee is be presumed to be entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, hereunder and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that such presumption.

Appears in 1 contract

Samples: Indemnification Agreement (Baker Hughes Co)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a9(a) of this Agreement, and the Company Trust shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 1 contract

Samples: Indemnification Agreement (Lasalle Hotel Properties)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a9(a) of this Agreement, and the Company Indemnitors shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 1 contract

Samples: Indemnification Agreement (Aviv Reit, Inc.)

Presumptions and Effect of Certain Proceedings. (a) In To the extent permitted by applicable law, in making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination it shall presume be presumed that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement9(a), and the Company shall have the burden of proof and the burden of persuasion by clear and convincing evidence to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 1 contract

Samples: Indemnification Agreement (Allurion Technologies Holdings, Inc.)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or person, persons or entity making such determination shall in each case presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a written request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 1 contract

Samples: Indemnification Agreement (AmREIT, Inc.)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a written request for indemnification in accordance with Section 10(a6(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Appears in 1 contract

Samples: Indemnification Agreement (STAMPS.COM Inc)

Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a9(a) of this Agreement, and the Company shall have the burden of proof to overcome overcoming that presumption in connection with the making of any determination contrary to that presumption.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Credit Suisse Park View BDC, Inc.)

Presumptions and Effect of Certain Proceedings. (a) a. In making any a determination with respect to entitlement to indemnification hereunder, the person or person, persons or entity making such determination shall shall, to the fullest extent not prohibited by law, presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall shall, to the fullest extent not prohibited by law, have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 1 contract

Samples: Indemnification Agreement (Establishment Labs Holdings Inc.)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity Person making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement8(a), and the Company shall have the burden of proof to overcome that presumption in connection with the making by any Person of any determination contrary to that presumption.

Appears in 1 contract

Samples: Indemnification Agreement (Synergy Resources Corp)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall shall, to the fullest extent not prohibited by law, presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.with

Appears in 1 contract

Samples: Indemnity Agreement (Sidhu Special Purpose Capital Corp.)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, (i) the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) 3 of this Agreement, and (ii) the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 1 contract

Samples: Indemnification Agreement (Bryn Mawr Bank Corp)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or person, persons or entity making such determination shall shall, to the fullest extent not prohibited by law, presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall shall, to the fullest extent not prohibited by law, have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 1 contract

Samples: Indemnification Agreement (VirnetX Holding Corp)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a8(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any persons, persons or entity of any determination contrary to that presumption.

Appears in 1 contract

Samples: Indemnification Agreement (Intira Corp)

Presumptions and Effect of Certain Proceedings. (ai) In making any a determination with respect to entitlement to indemnification hereunder, the person or person, persons or entity making such determination shall shall, to the fullest extent not prohibited by law, presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 10(a4(b) of this Agreement, and the Company shall shall, to the fullest extent not prohibited by law, have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Cephalon Inc)

Presumptions and Effect of Certain Proceedings. (a) In To the extent permitted by applicable law, in making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination it shall presume be presumed that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a9(a) of this Agreement, and the Company shall have the burden of proof by clear and convincing evidence to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 1 contract

Samples: Indemnification Agreement (Twilio Inc)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall shall, to the fullest extent not prohibited by law, presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.Section

Appears in 1 contract

Samples: Indemnification Agreement (Veritex Holdings, Inc.)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons Person, Persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement5.1, and the Company shall have the burden of proof to overcome that presumption in connection with the making by any person, Persons or entity of any determination contrary to that presumption.

Appears in 1 contract

Samples: Indemnification Agreement (Gexa Corp)

Presumptions and Effect of Certain Proceedings. (a) In x.Xx making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome overcoming that presumption in connection with the making of any determination contrary to that presumption.

Appears in 1 contract

Samples: Indemnification Agreement (Steadfast Apartment REIT, Inc.)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination under Section 5(c) with respect to entitlement to indemnification hereunderunder Section 2(a), the person or person, persons or entity making such that determination shall must presume that Indemnitee is entitled to that indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement5(a), and the Company shall and the Partnership will have the burden of proof to overcome that presumption in connection with the making by any person, persons or entity of any determination contrary to that presumption.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Encore Energy Partners LP)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that the Indemnitee is entitled to indemnification under this Agreement if the Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company Indemnitor shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 1 contract

Samples: Indemnification Agreement (DLC Realty Trust, Inc.)

Presumptions and Effect of Certain Proceedings. (a) In To the extent permitted by applicable law, in making any a determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination it shall presume be presumed that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement9(a), and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Fifth Wall Acquisition Corp. I)

Presumptions and Effect of Certain Proceedings. (a) In making any determination with respect to entitlement to indemnification hereunder, the person or persons or entity making such determination shall presume that Indemnitee Director is entitled to indemnification under this Agreement if Indemnitee Director has submitted a request for indemnification in accordance with Section 10(a8(a) of this Agreement, and the Company shall have the burden of proof to overcome overcoming that presumption in connection with the making of any determination contrary to that presumption.

Appears in 1 contract

Samples: Indemnification Agreement (Getty Realty Corp /Md/)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunderindemnification, the person or persons person, persons, or entity making such determination shall will, to the fullest extent not prohibited by law, presume that the Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall will, to the fullest extent not prohibited by law, have the burden of proof to overcome that presumption in connection by clear and convincing evidence. In no event shall a determination be required with respect to the making advance of any determination contrary to that presumptionExpenses under Section 8.

Appears in 1 contract

Samples: Indemnification Agreement (Thorne Healthtech, Inc.)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to for indemnification hereunder, the person or persons or entity making such determination shall presume (unless there is clear and convincing evidence to the contrary) that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 1 contract

Samples: Indemnification Agreement (Progenics Pharmaceuticals Inc)

Presumptions and Effect of Certain Proceedings. (a) In making any a determination with respect to entitlement to indemnification hereunder, the person or person, persons or entity making such determination shall shall, to the fullest extent not prohibited by law, Telenav – Indemnification Agreement (5-1-2020) -7- presume that Indemnitee is entitled to indemnification under this Agreement if Indemnitee has submitted a request for indemnification in accordance with Section 10(a) of this Agreement, and the Company shall shall, to the fullest extent not prohibited by law, have the burden of proof to overcome that presumption in connection with the making of any determination contrary to that presumption.

Appears in 1 contract

Samples: Indemnification Agreement (Telenav, Inc.)

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