Common use of Right to Petition Court Clause in Contracts

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery to enforce the Company’s obligations under this Agreement.

Appears in 53 contracts

Samples: Indemnification Agreement (NeuroMetrix, Inc.), Indemnification Agreement (NeuroMetrix, Inc.), Indemnification Agreement (Watts Water Technologies Inc)

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Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery to enforce the Company’s 's obligations under this Agreement.

Appears in 28 contracts

Samples: Indemnification Agreement (Watts Water Technologies Inc), Indemnification Agreement (TechTarget Inc), Indemnification Agreement (Westway Group, Inc.)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery appropriate judicial authority to enforce the Company’s obligations under this Agreement.

Appears in 19 contracts

Samples: Director Indemnification Agreement (Haights Cross Communications Inc), Director Indemnification Agreement (Haights Cross Communications Inc), Director Indemnification Agreement (Haights Cross Communications Inc)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery of the State of Delaware to enforce the Company’s obligations under this Agreement.

Appears in 18 contracts

Samples: Employment Agreement (ADial Pharmaceuticals, L.L.C.), Employment Agreement (ADial Pharmaceuticals, L.L.C.), Indemnification Agreement (Diffusion Pharmaceuticals Inc.)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery district court to enforce the Company’s obligations under this Agreement.

Appears in 11 contracts

Samples: Indemnification Agreement (LGAM Private Credit LLC), Indemnification Agreement (North Haven Private Income Fund LLC), Indemnification Agreement (SL Investment Corp.)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections Section 8 and 9 above above, and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court a court of Chancery law to enforce the Company’s 's obligations under this Agreement.

Appears in 10 contracts

Samples: Indemnification Agreement (Syntellect Inc), Indemnification Agreement (Syntellect Inc), Indemnification Agreement (Syntellect Inc)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery appropriate judicial authority to enforce the Company’s 's obligations under this Agreement.

Appears in 9 contracts

Samples: Indemnification Agreement (Maguire Properties Inc), Director Indemnification Agreement (Universal Truckload Services, Inc.), Director Indemnification Agreement (Andover Net Inc)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 3, 4 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 10 and 9 11 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery appropriate judicial authority to enforce the Company’s obligations under this Agreement.

Appears in 9 contracts

Samples: Indemnification Agreement (Maguire Properties Inc), Indemnification Agreement (Digital Realty Trust, Inc.), Indemnification Agreement (Maguire Properties Inc)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 3,4 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 10 and 9 11 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery appropriate judicial authority to enforce the Company’s 's obligations under this Agreement.

Appears in 9 contracts

Samples: Indemnification Agreement (Maguire Properties Inc), Indemnification Agreement (Maguire Properties Inc), Indemnification Agreement (Maguire Properties Inc)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails Companies fail to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery to enforce the Company’s Companies’ obligations under this Agreement.

Appears in 8 contracts

Samples: Indemnification Agreement (Ansys Inc), Indemnification Agreement (Ansys Inc), Indemnification Agreement (Ansys Inc)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court a court of Chancery law to enforce the Company’s obligations under this Agreement.

Appears in 8 contracts

Samples: Director Indemnification Agreement (Solera Holdings LLC), Director Indemnification Agreement (NightHawk Radiology Holdings Inc), Agreement (Motricity Inc)

Right to Petition Court. In the event that the Indemnitee makes a request for payment of Indemnifiable Amounts under Sections Section 3 and or Section 5 above hereof or a request for an advancement of Indemnifiable Expenses under Sections 8 and or Section 9 above hereof and the Company fails to make such payment or advancement in a timely manner pursuant to in accordance with the terms of this Agreement, the Indemnitee may petition the Court of Chancery a court to enforce the Company’s obligations under this Agreement.

Appears in 7 contracts

Samples: Indemnification Agreement (Napco Security Technologies, Inc), Director and Officer Indemnification Agreement (Homeunion Holdings, Inc.), Form of Director and Officer Indemnification Agreement (Veritone, Inc.)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 3, 4 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 10 and 9 11 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Delaware Chancery Court of Chancery to enforce the Company’s obligations under this Agreement.

Appears in 6 contracts

Samples: Form of Personal Indemnification Agreement (Majesco Entertainment Co), Indemnification Agreement (Metabolix, Inc.), Indemnification Agreement (Eagle Test Systems, Inc.)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 3, 4 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 10 and 9 11 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Delaware Chancery Court of Chancery to enforce the Company’s 's obligations under this Agreement.

Appears in 6 contracts

Samples: Indemnification Agreement (BladeLogic, Inc.), Indemnification Agreement (PROS Holdings, Inc.), Indemnification Agreement (Clayton Holdings Inc)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court a court of Chancery law to enforce the Company’s 's obligations under this Agreement.

Appears in 6 contracts

Samples: Officer Indemnification Agreement (Otis Spunkmeyer Holdings Inc), Director Indemnification Agreement (Physicians Formula Holdings, Inc.), Director Indemnification Agreement (Physicians Formula Holdings, Inc.)

Right to Petition Court. In the event that Indemnitee makes a ----------------------- request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery to enforce the Company’s 's obligations under this Agreement.

Appears in 6 contracts

Samples: Form of Indemnification Agreement (Little Switzerland Inc/De), Agreement (Albany Molecular Research Inc), Indemnification Agreement (Circor International Inc)

Right to Petition Court. In the event that the Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above Section 2 or Section 4 herein or a request for an advancement of Indemnifiable Expenses under Sections Section 7 or Section 8 and 9 above herein and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, the Indemnitee may petition the Court of Chancery a court to enforce the Company’s obligations under this Agreement.

Appears in 5 contracts

Samples: Director and Officer Indemnification Agreement (EP Energy Corp), Director and Officer Indemnification Agreement (Athlon Energy Inc.), Indemnification Agreement (Vistra Corp.)

Right to Petition Court. In the event that the Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above above, or a request for an advancement advance of Indemnifiable Expenses under Sections 8 and 9 above above, and the Company fails to make such payment or advancement advance in a timely manner pursuant to the terms of this Agreement, the Indemnitee may petition the Court a court of Chancery law to enforce the Company’s 's obligations under this Agreement.

Appears in 5 contracts

Samples: Director and Officer Indemnification Agreement (Us Global Nanospace Inc), Director and Officer Indemnification Agreement (Us Global Nanospace Inc), Director and Officer Indemnification Agreement (Us Global Nanospace Inc)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections Section 8 and 9 above above, and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court a court of Chancery law to enforce the Company’s obligations under this Agreement.

Appears in 5 contracts

Samples: Indemnification Agreement (Medistem Laboratories, Inc.), Indemnification Agreement (Brownshire Holdings, Inc.), Indemnification Agreement (Medistem Laboratories, Inc.)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 3, 4 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 10 and 9 11 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery appropriate judicial authority to enforce the Company’s 's obligations under this Agreement.

Appears in 4 contracts

Samples: Indemnification Agreement (Maguire Properties Inc), Indemnification Agreement (Maguire Properties Inc), Indemnification Agreement (Maguire Properties Inc)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court court of Chancery competent jurisdiction to enforce the Company’s obligations under this Agreement.

Appears in 4 contracts

Samples: Indemnification Agreement (Marshall Edwards Inc), Indemnification Agreement (IBuyDigital.com, Inc.), Indemnification Agreement (Voxware Inc)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery to enforce the Company’s obligations under this Agreement.. ​

Appears in 4 contracts

Samples: Indemnification Agreement (Watts Water Technologies Inc), Indemnification Agreement (Watts Water Technologies Inc), Indemnification Agreement (Watts Water Technologies Inc)

Right to Petition Court. In the event that Indemnitee makes a ----------------------- request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery appropriate judicial authority to enforce the Company’s 's obligations under this Agreement.

Appears in 3 contracts

Samples: Form of Indemnification Agreement (Voyager Net Inc), Director Indemnification Agreement (Mac-Gray Corp), Indemnification Agreement (Boron Lepore & Associates Inc)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 7 above or a request for an advancement of Indemnifiable Expenses under Sections 8 10 and 9 11 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery appropriate judicial authority to enforce the Company’s obligations under this Agreement.

Appears in 3 contracts

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

Right to Petition Court. In the event that any Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections Section 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, such Indemnitee may petition the Court court of Chancery competent jurisdiction to enforce the Company’s obligations under this Agreement.

Appears in 3 contracts

Samples: Indemnification Agreement (Trustwave Holdings, Inc.), Indemnification Agreement (Trustwave Holdings, Inc.), Indemnification Agreement (Trustwave Holdings, Inc.)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections Section 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery appropriate judicial authority to enforce the Company’s 's obligations under this Agreement.

Appears in 2 contracts

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

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 Losses and 5 above Expenses or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court a court of Chancery law to enforce the Company’s 's obligations under this Agreement.

Appears in 2 contracts

Samples: Peoples Energy Corporation Indemnification Agreement (Peoples Energy Corp), Form of Indemnification Agreement (optionsXpress Holdings, Inc.)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 9 and 9 10 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery any court which has jurisdiction to enforce the Company’s obligations under this Agreement.

Appears in 2 contracts

Samples: Director Indemnification Agreement (Cardtronics LP), Indemnification Agreement (Monotype Imaging Holdings Inc.)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company Corporation fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery appropriate judicial authority to enforce the CompanyCorporation’s obligations under this Agreement.

Appears in 2 contracts

Samples: Indemnification Agreement (LogMeIn, Inc.), Indemnification Agreement (LogMeIn, Inc.)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 3, 4 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 11 and 9 12 above and the Company Trust fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery appropriate judicial authority to enforce the CompanyTrust’s obligations under this Agreement.

Appears in 2 contracts

Samples: Indemnification Agreement (Chambers Street Properties), Indemnification Agreement (Cb Richard Ellis Realty Trust)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company Fund fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery district court to enforce the CompanyFund’s obligations under this Agreement.

Appears in 2 contracts

Samples: Indemnification Agreement (Investcorp US Institutional Private Credit Fund), Indemnification Agreement (Comvest Credit Partners BDC Fund, L.P.)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 9 and 9 10 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court a court of Chancery law to enforce the Company’s obligations under this Agreement.

Appears in 2 contracts

Samples: Director Indemnification Agreement (GAIN Capital Holdings, Inc.), Director Indemnification Agreement (StoneX Group Inc.)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court any court of Chancery competent jurisdiction in The Commonwealth of Massachusetts to enforce the Company’s obligations under this Agreement.

Appears in 2 contracts

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

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 3,4 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 10 and 9 11 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery appropriate judicial authority to enforce the Company’s obligations under this Agreement.

Appears in 2 contracts

Samples: Indemnification Agreement (Maguire Properties Inc), Indemnification Agreement (Maguire Properties Inc)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court any court of Chancery competent jurisdiction in The Commonwealth of Massachusetts to enforce the Company’s 's obligations under this Agreement.

Appears in 2 contracts

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

Right to Petition Court. In the event that the Indemnitee makes a request for payment of Indemnifiable Amounts under Sections Section 3 and or Section 5 above hereof or a request for an advancement of Indemnifiable Expenses under Sections 8 and or 9 above hereof and the Company fails to make such payment or advancement in a timely manner pursuant to in accordance with the terms of this Agreement, the Indemnitee may petition the Court of Chancery a court to enforce the Company’s obligations under this Agreement.

Appears in 2 contracts

Samples: Director and Officer Indemnification Agreement (EVERTEC, Inc.), Director and Officer Indemnification Agreement (EVERTEC, Inc.)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections Section 3 and Section 5 above or a request for an advancement of Indemnifiable Expenses under Sections Section 8 and Section 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court a court of Chancery law to enforce the Company’s obligations under this Agreement.

Appears in 2 contracts

Samples: Indemnification Agreement (Qorvo, Inc.), Indemnification Agreement (M/a-Com Technology Solutions Holdings, Inc.)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or 5or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and 9and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery district court to enforce the Company’s obligations under this Agreement.

Appears in 2 contracts

Samples: Indemnification Agreement (Kayne Anderson BDC, LLC), Indemnification Agreement (Kayne DL 2021, Inc.)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 6 above or a request for an advancement of Indemnifiable Expenses under Sections 8 9 and 9 10 above and the Company fails Companies fail to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery appropriate judicial authority to enforce the Company’s Companies’ obligations under this Agreement.

Appears in 2 contracts

Samples: Indemnification Agreement (Blackboard Inc), Form of Indemnification Agreement (Blackboard Inc)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 2 and 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 4 and 9 5 above and the Company Indemnitor fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court a court of Chancery law to enforce the Company’s Indemnitor's obligations under this Agreement.

Appears in 2 contracts

Samples: Indemnification Agreement (Metromedia International Group Inc), Indemnification Agreement (Metromedia International Group Inc)

Right to Petition Court. In the event that the Indemnitee makes a request for payment of Indemnifiable Amounts under Sections Section 3 and Section 5 above herein or a request for an advancement of Indemnifiable Expenses under Sections 8 and Section 9 above herein and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, the Indemnitee may petition the Court of Chancery a court to enforce the Company’s obligations under this Agreement.

Appears in 2 contracts

Samples: Officer Indemnification Agreement (Mimecast LTD), Director Indemnification Agreement (Mimecast LTD)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court a court of Chancery competent jurisdiction to enforce the Company’s obligations under this Agreement.

Appears in 2 contracts

Samples: Indemnification Agreement (Deckers Outdoor Corp), Director and Officer Indemnification Agreement (Itex Corp)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 9 and 9 above 10 above, and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery any court which has jurisdiction to enforce the Company’s obligations under this Agreement.

Appears in 2 contracts

Samples: Director and Officer Indemnification Agreement (FGX International Holdings LTD), Form of Director and Officer Indemnification Agreement (FGX International Holdings LTD)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery any court which has jurisdiction to enforce the Company’s obligations under this Agreement.

Appears in 1 contract

Samples: Director Indemnification Agreement (Eyeblaster Inc)

Right to Petition Court. In the event that Indemnitee makes a ----------------------- request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Superior Court of Chancery to enforce the Company’s 's obligations under this Agreement.

Appears in 1 contract

Samples: Director Indemnification Agreement (Be Free Inc)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections Section 3 and or Section 5 above herein or a request for an advancement of Indemnifiable Expenses under Sections Section 8 and or Section 9 above herein and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery a court to enforce the Company’s obligations under this Agreement.

Appears in 1 contract

Samples: Director and Officer Indemnification Agreement (Francesca's Holdings CORP)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections Section 3 and Section 5 above or a request for an advancement of Indemnifiable Expenses under Sections Section 8 and Section 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this AgreementDeed, Indemnitee may petition the Court a court of Chancery law to enforce the Company’s obligations under this AgreementDeed.

Appears in 1 contract

Samples: Preferred Share Subscription Agreement (Q&K INTERNATIONAL GROUP LTD)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery to enforce the Company’s obligations under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Overland Advantage)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Indenmifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery appropriate judicial authority to enforce the Company’s 's obligations under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Private Business Inc)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 2 and 5 4 above or a request for an advancement of Indemnifiable Expenses under Sections 7 and 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition file a writ with the Court of Chancery court set out in Section 22 to enforce order for enforcement the Company’s obligations under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Forward Pharma a/S)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections Section 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections Section 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery appropriate judicial authority to enforce the Company’s 's obligations under this Agreement.

Appears in 1 contract

Samples: Director Indemnification Agreement (Mac-Gray Corp)

Right to Petition Court. In the event that Indemnitee makes a ---------------------- request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery appropriate judicial authority to enforce the Company’s 's obligations under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Boron Lepore & Associates Inc)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 9 and 9 10 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery any court which has jurisdiction to enforce the Company’s 's obligations under this Agreement.

Appears in 1 contract

Samples: Director Indemnification Agreement (Velocity Asset Management Inc)

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Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 2 and 5 4 above or a request for an advancement of Indemnifiable Expenses under Sections 7 and 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition file a writ with the Court of Chancery court set out in Section 21 to enforce order for enforcement the Company’s obligations under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Forward Pharma a/S)

Right to Petition Court. In the event that the Indemnitee makes a request for payment of Indemnifiable Amounts under Sections Section 3 and or Section 5 above herein or a request for an advancement of Indemnifiable Expenses under Sections 8 and or Section 9 above herein and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, the Indemnitee may petition the Court of Chancery a court to enforce the Company’s obligations under this Agreement.

Appears in 1 contract

Samples: Director and Officer Indemnification Agreement (Rexnord Corp)

Right to Petition Court. In the event that Indemnitee makes a request ----------------------- for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Superior Court of Chancery to enforce the Company’s 's obligations under this Agreement.

Appears in 1 contract

Samples: Director Indemnification Agreement (Be Free Inc)

Right to Petition Court. In the event that the Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above Section 2 or Section 4 herein or a request for an advancement of Indemnifiable Expenses under Sections 7 or Section 8 and 9 above herein and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, the Indemnitee may petition the Court of Chancery a court to enforce the Company’s obligations under this Agreement.

Appears in 1 contract

Samples: Director and Officer Indemnification Agreement (Realogy Holdings Corp.)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections Section 3 and Section 5 above or a request for an advancement of Indemnifiable Expenses under Sections Section 8 and Section 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court a court of Chancery law to enforce the Company’s obligations under this Agreement.

Appears in 1 contract

Samples: Director and Officer Indemnification Agreement (Ubiquiti Networks, Inc.)

Right to Petition Court. In the event that the Indemnitee makes a request for payment of Indemnifiable Amounts under Sections Section 3 and or Section 5 above herein or a request for an advancement of Indemnifiable Expenses under Sections 8 and or Section 9 above herein and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, the Indemnitee may petition the Court of Chancery a court to enforce the Company’s obligations under this Agreement.. (b)

Appears in 1 contract

Samples: Director and Officer Indemnification Agreement (Rexnord Corp)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 6 above or a request for an advancement of Indemnifiable Expenses under Sections 8 9 and 9 10 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery to enforce the Company’s 's obligations under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (GrowGeneration Corp.)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections Section 3 and Section 5 above herein or a request for an advancement of Indemnifiable Expenses under Sections 8 and Section 9 above herein and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery a court to enforce the Company’s 's obligations under this Agreement.

Appears in 1 contract

Samples: Form of Director Indemnification Agreement (ExactTarget, Inc.)

Right to Petition Court. In the event that Indemnitee makes a ----------------------- request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court a court of Chancery law to enforce the Company’s 's obligations under this Agreement.

Appears in 1 contract

Samples: Director Indemnification Agreement (Ipg Photonics Corp)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court a court of Chancery law to enforce the Company’s obligations under this Agreement, including to challenge a Negative Determination.

Appears in 1 contract

Samples: Director Indemnification Agreement (Wabash National Corp /De)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court a court of Chancery competent jurisdiction to enforce the Company’s 's obligations under this Agreement.

Appears in 1 contract

Samples: Director and Officer Indemnification Agreement (Itex Corporation)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 3, 4 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 10 and 9 11 above and the Company Trust fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery appropriate judicial authority to enforce the CompanyTrust’s obligations under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Cb Richard Ellis Realty Trust)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts Expenses under Sections Section 3 and 5 above hereof, or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above hereof, and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery appropriate judicial authority to enforce the Company’s obligations under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement for Directors (Bsi2000 Inc)

Right to Petition Court. In the event that the Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above above, or a request for an advancement advance of Indemnifiable Expenses under Sections 8 and 9 above above, and the Company fails to make such payment or advancement advance in a timely manner pursuant to the terms of this Agreement, the Indemnitee may petition the Court a court of Chancery law to enforce the Company’s obligations under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Sionix Corp)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 6 above or a request for an advancement of Indemnifiable Expenses under Sections 7 and 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court a court of Chancery competent jurisdiction to enforce the Company’s obligations under this Agreement, including to challenge a Negative Determination.

Appears in 1 contract

Samples: Indemnification Agreement (Wabash National Corp /De)

Right to Petition Court. In the event that Indemnitee ----------------------- makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery or other appropriate court with jurisdiction over this matter to enforce the Company’s 's obligations under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Nxtrend Technology Inc)

Right to Petition Court. In the event that the Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections Section 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, the Indemnitee may petition the Court court of Chancery competent jurisdiction to enforce the Company’s obligations under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Trustwave Holdings, Inc.)

Right to Petition Court. In the event that the Indemnitee makes a request for payment of Indemnifiable Amounts under Sections Section 3 and Section 5 above herein or a request for an advancement of Indemnifiable Expenses under Sections Section 8 and Section 9 above herein and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, the Indemnitee may petition the Court of Chancery a court to enforce the Company’s obligations under this Agreement.

Appears in 1 contract

Samples: Director Indemnification Agreement (Mimecast LTD)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 Article III above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 Article V above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, without limitation as to remedy, Indemnitee may petition the Court of Chancery any court that has jurisdiction to enforce the Company’s obligations under this Agreement.

Appears in 1 contract

Samples: Form of Indemnification Agreement (MagnaChip Semiconductor LTD (United Kingdom))

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Delaware Chancery Court of Chancery to enforce the Company’s 's obligations under this Agreement.

Appears in 1 contract

Samples: Form of Indemnification Agreement (Picis Inc)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 6 above or a request for an advancement of Indemnifiable Expenses under Sections 8 9 and 9 10 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery appropriate judicial authority to enforce the Company’s 's obligations under this Agreement.

Appears in 1 contract

Samples: Director Indemnification Agreement (Fidelity National Financial Inc /De/)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 6 above or a request for an advancement of Indemnifiable Expenses under Sections 8 9 and 9 10 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery appropriate judicial authority to enforce the Company’s obligations under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Univision Communications Inc)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 4 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 10 and 9 11 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery appropriate judicial authority to enforce the Company’s 's obligations under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Vintage Wine Trust Inc)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections SECTION 3 and SECTION 5 above or a request for an advancement of Indemnifiable Expenses under Sections SECTION 8 and SECTION 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court a court of Chancery law to enforce the Company’s obligations under this Agreement.

Appears in 1 contract

Samples: Subscription Agreement (China Sunergy Co., Ltd.)

Right to Petition Court. In the event that If Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above Section 1 or a request for an advancement of Indemnifiable Expenses under Sections Section 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery appropriate judicial authority to enforce the Company’s obligations under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Aspen Aerogels Inc)

Right to Petition Court. In the event that the Indemnitee makes a request for advancement or payment of Indemnifiable Amounts under Sections 3 and 5 above this Agreement or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above any applicable law and the Company fails to make such advancement or payment or advancement in a timely manner pursuant to the terms of this AgreementAgreement or as required by applicable law, the Indemnitee may petition the Court a court of Chancery competent jurisdiction to enforce the Company’s obligations under this Agreement.

Appears in 1 contract

Samples: Form of Indemnification Agreement for Director (China Digital TV Holding Co., Ltd.)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery appropriate judicial authority to enforce the Company’s 's obligations under this Agreement.

Appears in 1 contract

Samples: Director Indemnification Agreement (Synchronicity Inc)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for ​ ​ an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery to enforce the Company’s obligations under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Plug Power Inc)

Right to Petition Court. In the event that the Indemnitee makes a request for advancement or payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above this Agreement and the Company fails to make such advancement or payment or advancement in a timely manner pursuant to the terms of this Agreement, the Indemnitee may petition the Court a court of Chancery competent jurisdiction to enforce the Company’s obligations under this Agreement.

Appears in 1 contract

Samples: Form of Indemnification Agreement for Director (China Digital TV Holding Co., Ltd.)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition any court of competent jurisdiction in the Court Commonwealth of Chancery Massachusetts to enforce the Company’s 's obligations under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (First Years Inc)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails Indemnitors fail to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court a court of Chancery competent jurisdiction to enforce the Company’s Indemnitors ’ obligations under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Gables Residential Trust)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company Corporation fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery to enforce the CompanyCorporation’s obligations under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Proteostasis Therapeutics, Inc.)

Right to Petition Court. In the event that the Indemnitee makes a request for payment of Indemnifiable Amounts under Sections Section 3 and 5 above Section 7 herein or a request for an advancement of Indemnifiable Expenses under Sections 8 9 and 9 above Section 10 herein and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, the Indemnitee may petition the Court of Chancery a court to enforce the Company’s obligations under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Aspen Insurance Holdings LTD)

Right to Petition Court. In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or of Expenses and Liabilities under Section 9 above or a request for an advancement of Indemnifiable Expenses under Sections Section 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the a Delaware Court of Chancery to enforce the Company’s obligations under this Agreement.

Appears in 1 contract

Samples: Indemnification Agreement (Boston Properties LTD Partnership)

Right to Petition Court. In the event that Indemnitee makes a ----------------- ----- request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery to enforce the Company’s 's obligations under this Agreement.

Appears in 1 contract

Samples: Executive Employment Agreement (Wyndham International Inc)

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