Common use of Procedure for Determination of Entitlement to Indemnification Clause in Contracts

Procedure for Determination of Entitlement to Indemnification. (a) When seeking indemnification under this Agreement (which shall not include in any case the right of Indemnitee to receive payments pursuant to Section 7 and Section 8 hereof, which shall not be subject to this Section 10), Indemnitee shall submit a written request for indemnification to the Company. Determination of Indemnitee’s entitlement to indemnification shall be made promptly, but in no event later than 30 days after receipt by the Company of Indemnitee’s written request for indemnification. The Secretary of the Company shall, promptly upon receipt of Indemnitee’s request for indemnification, advise the Board that Indemnitee has made such request for indemnification.

Appears in 7 contracts

Samples: Executive Employment Agreement (Essendant Inc), Indemnification Agreement (United Stationers Inc), Indemnification Agreement (United Stationers Inc)

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Procedure for Determination of Entitlement to Indemnification. (a) When seeking indemnification under this Agreement (which shall not include in any case the right of Indemnitee to receive payments pursuant to Section 7 and Section 8 hereof, which shall not be subject to this Section 109), Indemnitee shall submit a written request for indemnification to the Company. Determination of Indemnitee’s 's entitlement to indemnification shall be made promptly, but in no event later than 30 60 days after receipt by the Company of Indemnitee’s 's written request for indemnification. The Secretary of the Company shall, promptly upon receipt of Indemnitee’s 's request for indemnification, advise the Board that Indemnitee has made such request for indemnification.

Appears in 5 contracts

Samples: Form of Indemnification Agreement (Commscope Inc), Form of Indemnification Agreement (General Semiconductor Inc), Indemnification Agreement (Ribapharm Inc)

Procedure for Determination of Entitlement to Indemnification. (a) When seeking indemnification under this Agreement (which shall not include in any case the right of Indemnitee to receive payments pursuant to Section 7 and Section 8 hereof, which shall not be subject to this Section 109), Indemnitee shall submit a written request for indemnification to the Company. Determination of Indemnitee’s 's entitlement to indemnification shall be made promptly, but in no event later than 30 days after receipt by the Company Company, LCS or the applicable Subsidiary of Indemnitee’s 's written request for indemnification. The Secretary of the Company Company, LCS or the applicable Subsidiary shall, promptly upon receipt of Indemnitee’s 's request for indemnification, advise the relevant Board that Indemnitee has made such request for indemnification.

Appears in 4 contracts

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

Procedure for Determination of Entitlement to Indemnification. (a) When seeking indemnification under this Agreement (which shall not include in any case the right of Indemnitee to receive payments pursuant to Section 7 and Section 8 hereof, which shall not be subject to this Section 109), Indemnitee shall submit a written request for indemnification to the CompanyCompany and the Subsidiary. Determination of Indemnitee’s entitlement to indemnification shall be made promptly, but in no event later than 30 60 days after receipt by the Company and the Subsidiary of Indemnitee’s written request for indemnification. The Secretary of the Company shall, promptly upon receipt of Indemnitee’s request for indemnification, advise the Board that Indemnitee has made such request for indemnification.

Appears in 3 contracts

Samples: Indemnification Agreement (Citadel Broadcasting Corp), Indemnification Agreement (Citadel Broadcasting Corp), Indemnification Agreement (Citadel Broadcasting Corp)

Procedure for Determination of Entitlement to Indemnification. (a) When seeking indemnification under this Agreement (which shall not include in any case the right of Indemnitee to receive payments pursuant to Section 7 and Section 8 hereof, which shall not be subject to this Section 109), Indemnitee shall submit a written request for indemnification to the CompanyCompany and the Subsidiary. Determination of Indemnitee’s 's entitlement to indemnification shall be made promptly, but in no event later than 30 60 days after receipt by the Company and the Subsidiary of Indemnitee’s 's written request for indemnification. The Secretary of the Company shall, promptly upon receipt of Indemnitee’s 's request for indemnification, advise the Board that Indemnitee has made such request for indemnification.

Appears in 3 contracts

Samples: Form of Indemnification Agreement (Commscope Inc), Form of Indemnification Agreement (Commscope Inc), Indemnification Agreement (Citadel Broadcasting Corp)

Procedure for Determination of Entitlement to Indemnification. (a) a. When seeking indemnification under this Agreement (which shall not include in any case the right of Indemnitee to receive payments pursuant to Section 7 and Section 8 hereof, which shall not be subject to this Section 10)Agreement, Indemnitee shall submit a written request for indemnification to the Company. Such request shall include documentation or information which is reasonably necessary for the Company to make a determination of Indemnitee's entitlement to indemnification hereunder and which is reasonably available to Indemnitee. Determination of Indemnitee’s 's entitlement to indemnification shall be made promptly, but in no event not later than 30 days after receipt by the Company of Indemnitee’s 's written request for indemnification. The Secretary of the Company shall, promptly upon receipt of Indemnitee’s 's request for indemnification, advise the Board that Indemnitee has made such request for indemnification.

Appears in 2 contracts

Samples: Indemnification Agreement (Hispanic Express Inc), Indemnification Agreement (Banner Central Finance Co)

Procedure for Determination of Entitlement to Indemnification. (ai) When seeking To obtain indemnification under this Agreement (which shall not include in any case the right of Indemnitee to receive payments pursuant to Section 7 and Section 8 hereofArticle, which shall not be subject to this Section 10), an Indemnitee shall submit to the Secretary a written request for indemnification request, including such documentation and information as is reasonably available to the CompanyIndemnitee and reasonably necessary to determine whether and to what extent the Indemnitee is entitled to indemnification (the "Supporting Documentation"). Determination The determination of the Indemnitee’s 's entitlement to indemnification shall be made promptly, but in no event not later than 30 60 days after receipt by the Company Corporation of Indemnitee’s the written request for indemnificationindemnification together with the Supporting Documentation. The Secretary of the Company shall, promptly upon receipt of Indemnitee’s such a request for indemnification, advise the Board in writing that the Indemnitee has made such request for requested indemnification.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (America Online Inc), Agreement and Plan of Merger (Time Warner Inc/)

Procedure for Determination of Entitlement to Indemnification. (ai) When seeking To obtain indemnification under this Agreement (which shall not include in any case the right of Indemnitee to receive payments pursuant to Section 7 and Section 8 hereofArticle, which shall not be subject to this Section 10), an Indemnitee shall submit to the Secretary of the Company a written request for indemnification request, including such documentation and information as is reasonably available to the CompanyIndemnitee and reasonably necessary to determine whether and to what extent the Indemnitee is entitled to indemnification (the "Supporting Documentation"). Determination The determination of the Indemnitee’s 's entitlement to indemnification shall be made promptly, but in no event not later than 30 60 calendar days after receipt by the Company of Indemnitee’s the written request for indemnificationindemnification together with the Supporting Documentation. The Secretary of the Company shall, promptly upon receipt of Indemnitee’s such a request for indemnification, advise the Board in writing that the Indemnitee has made such request for requested indemnification.

Appears in 2 contracts

Samples: Indemnification Agreement (Snyder Oil Corp), Indemnification Agreement (Denbury Resources Inc)

Procedure for Determination of Entitlement to Indemnification. (a) When a)When seeking indemnification under this Agreement (which shall not include in any case the right of Indemnitee to receive payments pursuant to Section 7 and Section 8 hereof, which shall not be subject to this Section 10), Indemnitee shall submit a written request for indemnification to the Company. Determination of Indemnitee’s 's entitlement to indemnification shall be made promptly, but in no event later than 30 days after receipt by the Company of Indemnitee’s 's written request for indemnification. The Secretary of the Company shall, promptly upon receipt of Indemnitee’s 's request for indemnification, advise the Board that Indemnitee has made such request for indemnification.

Appears in 2 contracts

Samples: Executive Employment Agreement (Essendant Inc), Executive Employment Agreement (Essendant Inc)

Procedure for Determination of Entitlement to Indemnification. (a) When seeking indemnification under this Agreement (which shall not include in any case the right of Indemnitee to receive payments pursuant to Section 7 and Section 8 hereof, which shall not be subject to this Section 109), Indemnitee shall submit a written request for indemnification to the Company. Determination of Indemnitee’s entitlement to indemnification shall be made promptly, but in no event later than 30 60 days after receipt by the Company of Indemnitee’s written request for indemnification. The Secretary of the Company shall, promptly upon receipt of Indemnitee’s request for indemnification, advise the Board that Indemnitee has made such request for indemnification.

Appears in 1 contract

Samples: Indemnification Agreement (PBSJ Corp /Fl/)

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Procedure for Determination of Entitlement to Indemnification. (a) When seeking indemnification under this Agreement (which shall not include in any case the right of Indemnitee to receive payments pursuant to Section 7 and Section 8 hereof, which shall not be subject to this Section 10)Agreement, Indemnitee shall submit a written request for indemnification to the CompanyCompany in the manner contemplated by Section 7 hereof; which request shall include documentation or information which is reasonably necessary for the Company to make a good faith determination of Indemnitee’s entitlement to indemnification hereunder and which is reasonably available to Indemnitee. Determination Such determination of Indemnitee’s entitlement to indemnification shall be made promptly, but in no event not later than 30 days after receipt by the Company of the Indemnitee’s written request for indemnification. The Secretary of the Company shall, promptly upon receipt of Indemnitee’s request for indemnification, indemnification advise the Board that Indemnitee has made such request for indemnification.

Appears in 1 contract

Samples: Indemnification Agreement (Viropharma Inc)

Procedure for Determination of Entitlement to Indemnification. (ai) When seeking To obtain indemnification under this Agreement (which shall not include in any case the right of Indemnitee to receive payments pursuant to Section 7 and Section 8 hereofArticle, which shall not be subject to this Section 10), an Indemnitee shall submit to the Secretary of the Company a written request for indemnification request, including such documentation and information as is reasonably available to the CompanyIndemnitee and reasonably necessary to determine whether and to what extent the Indenmitee is entitled to indemnification (the “Supporting Documentation”). Determination The determination of the Indemnitee’s entitlement to indemnification shall be made promptly, but in no event not later than 30 60 days after receipt by the Company of Indemnitee’s the written request for indemnificationindemnification together with the Supporting Documentation. The Secretary of the Company shall, promptly upon receipt of Indemnitee’s such a request for indemnification, advise the Board of Directors in writing that the Indemnitee has made such request for requested indemnification.

Appears in 1 contract

Samples: Adams Express Co

Procedure for Determination of Entitlement to Indemnification. (a) When seeking indemnification under this Agreement (which shall not include in any case the right of Indemnitee to receive payments pursuant to Section 7 and Section 8 hereof, which shall not be subject to this Section 109), Indemnitee shall submit a written request for indemnification to the Company; provided, however, that no delay or failure on the part of the Indemnitee in notifying the Company shall relieve the Company from any obligation hereunder unless and solely to the extent the Company is materially and adversely prejudiced thereby. Determination of Indemnitee’s 's entitlement to indemnification shall be made promptly, but in no event later than 30 60 days after receipt by the Company of Indemnitee’s 's written request for indemnification. The Secretary of the Company shall, promptly upon receipt of Indemnitee’s request for indemnification, advise the Board that Indemnitee has made such request for indemnification.request

Appears in 1 contract

Samples: Indemnification Agreement (Kindred Healthcare Inc)

Procedure for Determination of Entitlement to Indemnification. (ai) When seeking To obtain indemnification under this Agreement (which shall not include in any case the right of Indemnitee to receive payments pursuant to Section 7 and Section 8 hereof, which shall not be subject to this Section 10)Agreement, Indemnitee shall submit to the Secretary of the Company a written request for request, including such documentation and information as is reasonably available to Indemnitee and reasonably necessary to determine whether and to what extent Indemnitee is entitled to indemnification to (the Company"Supporting Documentation"). Determination The determination of Indemnitee’s 's entitlement to indemnification shall be made promptly, but in no event not later than 30 sixty (60) days after receipt by the Company of Indemnitee’s the written request for indemnificationindemnification together with the Supporting Documentation. The Secretary of the Company shall, promptly upon receipt of Indemnitee’s such a request for indemnification, advise the Board of Directors of the Company (the "Board of Directors") in writing that Indemnitee has made such request for indemnificationrequested indemnification pursuant to this Agreement.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Brookdale Living Communities Inc)

Procedure for Determination of Entitlement to Indemnification. (a) When seeking To obtain indemnification under this Agreement (which shall not include in connection with any case the right of Indemnitee to receive payments pursuant to Section 7 and Section 8 hereof, which shall not be subject to this Section 10)Proceeding, Indemnitee shall submit a written request for indemnification to the Company. Such request shall include documentation and information which is reasonably available to Indemnitee and is reasonably necessary for the Company to determine whether and to what extent Indemnity is entitled to indemnification. Determination of Indemnitee’s 's entitlement to indemnification shall be made promptly, but in no event not later than 30 days after receipt by the Company of Indemnitee’s 's written request for indemnification. The Secretary of the Company shall, promptly upon receipt of Indemnitee’s 's request for indemnification, advise the Board that Indemnitee has made such request for requested indemnification.

Appears in 1 contract

Samples: Indemnification Agreement (Princeton Ecom Corp)

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