Common use of Right to Bring Suit Clause in Contracts

Right to Bring Suit. If a claim under Section 1 of this Agreement is not paid in full by the Company (following the final disposition of the proceeding) within sixty (60) days after a written claim has been received by the Company, except in the case of a claim for an advancement of expenses, in which case final disposition of the proceeding is not required and the applicable period shall be twenty (20) days, Participant may at any time thereafter bring suit against the Company to recover the unpaid amount of the claim and, to the extent successful in whole or in material part, Participant shall be entitled to be paid the expense of prosecuting such suit. Participant shall be presumed to be entitled to indemnification under this Agreement upon submission of a written claim (and, in an action brought to enforce a claim for an advancement of expenses, where the required undertaking, if any is required, has been tendered to the Company), and thereafter the Company shall have the burden of proof to overcome the presumption that Participant is not so entitled. Neither the failure of the Company (including its Board, independent legal counsel, or its stockholders), to have made a determination prior to the commencement of such suit that indemnification of Participant is proper in the circumstances, nor an actual determination by the Company (including its Board, independent legal counsel or its stockholders) that Participant is not entitled to indemnification, shall be a defense to the suit or create a presumption that Participant is not so entitled.

Right to Bring Suit. If a claim under Section 1 of this Agreement is not paid in full by the Company (following the final disposition of the proceeding) within sixty (60) days after a written claim has been received by the Company, except in the case of a claim for an advancement of expenses, in which case final disposition of the proceeding is not required and the applicable period shall be twenty (20) days, Participant Indemnitee may at any time thereafter bring suit against the Company to recover the unpaid amount of the claim and, to the extent successful in whole or in material part, Participant Indemnitee shall be entitled to be paid the expense of prosecuting such suit. Participant Indemnitee shall be presumed to be entitled to indemnification under this Agreement upon submission of a written claim (and, in an action brought to enforce a claim for an advancement of expenses, where the required undertaking, if any is required, has been tendered to the Company), and thereafter the Company shall have the burden of proof to overcome the presumption that Participant Indemnitee is not so entitled. Neither the failure of the Company (including its Board, independent legal counsel, or its stockholders), ) to have made a determination prior to the commencement of such suit that indemnification of Participant Indemnitee is proper in the circumstances, nor an actual determination by the Company (including its Board, independent legal counsel or its stockholderssecurity holders) that Participant Indemnitee is not entitled to indemnification, shall be a defense to the suit or create a presumption that Participant Indemnitee is not so entitled.

Right to Bring Suit. If a claim under Section 1 of this Agreement is not paid in full by the Company (following the final disposition of the proceeding) within sixty (60) days after a written claim has been received by the Company, except in the case of a claim for an advancement of expenses, in which case final disposition of the proceeding is not required and the applicable period shall be twenty (20) days, Participant may at any time thereafter bring suit against the Company to recover the unpaid amount of the claim and, to the extent successful in whole or in material part, Participant shall be entitled to be paid the expense of prosecuting such suit. Participant shall be presumed to be entitled to indemnification under this Agreement upon submission of a written claim (and, in an action brought to enforce a claim for an advancement of expenses, where the required undertaking, if any is required, has been tendered to the Company), and thereafter the Company shall have the burden of proof to overcome the presumption that Participant is not so entitled. Neither the failure of the Company (including its Board, independent legal counsel, or its stockholders), to have made a determination prior to the commencement of such suit that indemnification of Participant is proper in the circumstances, nor an actual determination by the Company (including its Board, independent legal counsel or its stockholders) that Participant is not entitled to indemnification, shall be a defense to the suit or create a presumption that Participant is not so entitled.

Right to Bring Suit. If a claim under Section 1 of this Agreement is not paid in full by the Company (following the final disposition of the proceeding) within sixty (60) days after a written claim has been received by the Company, except in the case of a claim for an advancement of expenses, in which case final disposition of the proceeding is not required and the applicable period shall be twenty (20) days, Participant DIRECTOR may at any time thereafter bring suit against the Company to recover the unpaid amount of the claim and, to the extent successful in whole or in material part, Participant DIRECTOR shall be entitled to be paid the expense of prosecuting such suit. Participant DIRECTOR shall be presumed to be entitled to indemnification under this Agreement upon submission of a written claim (and, in an action brought to enforce a claim for an advancement of expenses, where the required undertaking, if any is required, has been tendered to the Company), and thereafter the Company shall have the burden of proof to overcome the presumption that Participant DIRECTOR is not so entitled. Neither the failure of the Company (including its Board, independent legal counsel, or its stockholders), to have made a determination prior to the commencement of such suit that indemnification of Participant DIRECTOR is proper in the circumstances, nor an actual determination by the Company (including its Board, independent legal counsel or its stockholderssecurity holders) that Participant DIRECTOR is not entitled to indemnification, shall be a defense to the suit or create a presumption that Participant DIRECTOR is not so entitled.

Right to Bring Suit. If a claim under Section 1 of this Agreement is not paid in full by the Company (following the final disposition of the proceeding) within sixty (60) days after a written claim has been received by the Company, except in the case of a claim for an advancement of expenses, in which case final disposition of the proceeding is not required and the applicable period shall be twenty (20) days, Participant Xxxxxx may at any time thereafter bring suit against the Company to recover the unpaid amount of the claim and, to the extent successful in whole or in material part, Participant Xxxxxx shall be entitled to be paid the expense of prosecuting such suit. Participant Xxxxxx shall be presumed to be entitled to indemnification under this Agreement upon submission of a written claim (and, in an action brought to enforce a claim for an advancement of expenses, where the required undertaking, if any is required, has been tendered to the Company), and thereafter the Company shall have the burden of proof to overcome the presumption that Participant Xxxxxx is not so entitled. Neither the failure of the Company (including its Board, independent legal counsel, or its stockholders), to have made a determination prior to the commencement of such suit that indemnification of Participant Xxxxxx is proper in the circumstances, nor an actual determination by the Company (including its Board, independent legal counsel or its stockholders) that Participant Xxxxxx is not entitled to indemnification, shall be a defense to the suit or create a presumption that Participant Xxxxxx is not so entitled.

Right to Bring Suit. If a claim under Section 1 of this Agreement is not paid in full by the Company (following the final disposition of the proceeding) within sixty (60) days after a written claim has been received by the Company, except in the case of a claim for an advancement of expenses, in which case final disposition of the proceeding is not required and the applicable period shall be twenty (20) days, Participant Foshee may at any time thereafter bring suit against the Company to recover xxxxxxr the unpaid amount of the claim and, to the extent successful in whole or in material part, Participant Foshee shall be entitled to be paid the expense of prosecuting such suitxxxx. Participant Foshee shall be presumed to be entitled to indemnification under this Agreement thix Xxxxement upon submission of a written claim (and, in an action brought to enforce a claim for an advancement of expenses, where the required undertaking, if any is required, has been tendered to the Company), and thereafter the Company shall have the burden of proof to overcome the presumption that Participant Foshee is not so entitled. Neither the failure of the Company (including its incluxxxx xts Board, independent legal counsel, or its stockholders), to have made a determination prior to the commencement of such suit that indemnification of Participant Foshee is proper in the circumstances, nor an actual determination by the bx xxx Company (including its Board, independent legal counsel or its stockholders) that Participant Foshee is not entitled to indemnification, shall be a defense to the suit xxxx or create a presumption that Participant Foshee is not so entitled.