Burden of Proof. In any judicial proceeding brought under Section 10(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 127 contracts
Samples: Indemnification Agreement (NeuroMetrix, Inc.), Indemnification Agreement (Plug Power Inc), Indemnification Agreement (Harvard Bioscience Inc)
Burden of Proof. In any judicial proceeding brought under Section 10(a11(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 38 contracts
Samples: Indemnification Agreement (CervoMed Inc.), Indemnification Agreement (CervoMed Inc.), Employment Agreement (Adial Pharmaceuticals, Inc.)
Burden of Proof. In any judicial proceeding brought under Section 10(a12(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 27 contracts
Samples: Indemnification Agreement (Invitrogen Corp), Indemnification Agreement (Maguire Properties Inc), Indemnification Agreement (Digital Realty Trust, Inc.)
Burden of Proof. In any judicial proceeding brought under Section 10(a) above11(a), the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 14 contracts
Samples: Indemnification Agreement (Overland Advantage), Indemnification Agreement (LGAM Private Credit LLC), Indemnification Agreement (Muzinich Corporate Lending Income Fund, Inc.)
Burden of Proof. In any judicial proceeding brought under Section 10(a13(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 12 contracts
Samples: Personal Indemnification Agreement (Majesco Entertainment Co), Indemnification Agreement (Eagle Test Systems, Inc.), Indemnification Agreement (Metabolix, Inc.)
Burden of Proof. In any judicial proceeding brought under Section --------------- 10(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 9 contracts
Samples: Executive Employment Agreement (Wyndham International Inc), Director Indemnification Agreement (Be Free Inc), Indemnification Agreement (Circor International Inc)
Burden of Proof. In any judicial proceeding brought under Section 10(a) above, the Company shall have the burden of proving by clear and convincing evidence that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 9 contracts
Samples: Indemnification Agreement (Circor International Inc), Indemnification Agreement (Circor International Inc), Indemnification Agreement (Circor International Inc)
Burden of Proof. In any judicial proceeding brought under Section 10(a) above, the Company Companies shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 8 contracts
Samples: Indemnification Agreement (Ansys Inc), Indemnification Agreement (Ansys Inc), Indemnification Agreement (Ansys Inc)
Burden of Proof. In any judicial proceeding brought under --------------- Section 10(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 6 contracts
Samples: Indemnification Agreement (Nxtrend Technology Inc), Form of Indemnification Agreement (Cypress Communications Inc), Form of Indemnification Agreement (Little Switzerland Inc/De)
Burden of Proof. In any judicial proceeding Proceeding brought under Section 10(a9(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 6 contracts
Samples: Indemnification Agreement (Mid-America Apartments, L.P.), Betts Corporation Indemnification Agreement (Thomas & Betts Corp), Betts Corporation Indemnification Agreement (Thomas & Betts Corp)
Burden of Proof. In any judicial proceeding brought under Section 10(a11(a) above, the Company shall have the burden of proving that the Indemnitee is not entitled to payment of the Indemnifiable Amounts hereunder.
Appears in 6 contracts
Samples: Indemnification Agreement (Sionix Corp), Director and Officer Indemnification Agreement (Us Global Nanospace Inc), Indemnification Agreement (Staar Surgical Co)
Burden of Proof. In any judicial proceeding brought under Section 10(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.. β
Appears in 5 contracts
Samples: Indemnification Agreement (Watts Water Technologies Inc), Indemnification Agreement (Watts Water Technologies Inc), Indemnification Agreement (Watts Water Technologies Inc)
Burden of Proof. In any judicial proceeding brought under Section 10(a9(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 5 contracts
Samples: Indemnification Agreement (Trustwave Holdings, Inc.), Indemnification Agreement (Trustwave Holdings, Inc.), Indemnification Agreement (Trustwave Holdings, Inc.)
Burden of Proof. In any judicial action, suit or other proceeding brought under Section 10(a11(a) aboveabove to obtain payment by the Company of any Indemnifiable Amounts, the Company shall have the burden of proving that Indemnitee is not entitled to such payment of Indemnifiable Amounts hereunder.
Appears in 3 contracts
Samples: Indemnification Agreement (Pacira BioSciences, Inc.), Indemnification Agreement (Pacira Pharmaceuticals, Inc.), Indemnification Agreement (Ikaria, Inc.)
Burden of Proof. In any judicial proceeding brought under Section 10(a13(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment indemnification of Indemnifiable Amounts Liabilities or Indemnifiable Expenses, as applicable, hereunder.
Appears in 3 contracts
Samples: Director and Officer (Century Communities, Inc.), Director and Officer (Century Communities, Inc.), Director and Officer (Century Communities, Inc.)
Burden of Proof. In any judicial proceeding brought under Section 10(a11(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts or Expenses, as applicable, hereunder.
Appears in 3 contracts
Samples: Form of Director and Officer Indemnification Agreement (FGX International Holdings LTD), Director and Officer Indemnification Agreement (FGX International Holdings LTD), Form of Director and Officer Indemnification Agreement (Liberty Acquisition Holdings Corp.)
Burden of Proof. In any judicial proceeding brought under Section 10(a) above, the Company Corporation shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 2 contracts
Samples: Indemnification Agreement (LogMeIn, Inc.), Indemnification Agreement (LogMeIn, Inc.)
Burden of Proof. In any judicial proceeding brought under Section 10(a) above11(a), the Company shall have the burden of proving by clear and convincing evidence that Indemnitee is not entitled to payment or advancement of Indemnifiable Amounts hereunder.
Appears in 2 contracts
Samples: Indemnification Agreement (Corporate Capital Trust, Inc.), Indemnification Agreement (Corporate Capital Trust, Inc.)
Burden of Proof. In any judicial proceeding brought under Section 10(a) 10.1 above, the Company shall have the burden of proving that the Indemnitee is not entitled to advancement or payment of Indemnifiable Amounts hereunder.
Appears in 2 contracts
Samples: Form of Indemnification Agreement for Director (China Digital TV Holding Co., Ltd.), Form of Indemnification Agreement for Director (China Digital TV Holding Co., Ltd.)
Burden of Proof. In any judicial proceeding brought under Section 10(a11(a) above, the Company Companies shall have the burden of proving that Indemnitee is not entitled to payment of any Indemnifiable Amounts and/or advancement of Expenses hereunder.
Appears in 2 contracts
Samples: Form of Indemnification Agreement (Blackboard Inc), Indemnification Agreement (Blackboard Inc)
Burden of Proof. In any judicial proceeding brought under Section 10(a9(a) above, the Company shall have the burden of proving proof and burden of persuasion, by clear and convincing evidence, that Indemnitee is not entitled to payment of Indemnifiable Amounts or the advancement of Indemnifiable Expenses hereunder.
Appears in 2 contracts
Samples: Indemnification Agreement (SJW Corp), Indemnification Agreement (SJW Corp)
Burden of Proof. In any judicial proceeding brought under Section 10(a) above10A, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 2 contracts
Samples: Indemnification Agreement (Qorvo, Inc.), Indemnification Agreement (M/a-Com Technology Solutions Holdings, Inc.)
Burden of Proof. In any judicial proceeding brought under Section 10(a11(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment indemnification of Indemnifiable Amounts or Expenses, as applicable, hereunder.
Appears in 1 contract
Samples: Director and Officer (American Defense Systems Inc)
Burden of Proof. In any judicial proceeding brought under Section 10(a11(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts or advancement of Expenses hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Wabash National Corp /De)
Burden of Proof. In any judicial proceeding brought under Section 10(a12((a)) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 1 contract
Burden of Proof. In any judicial proceeding brought under Section 10(a11(a) above, the Company Corporation shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Proteostasis Therapeutics, Inc.)
Burden of Proof. In any judicial proceeding brought under this Section 10(a) above10, the Company shall have the burden of proving by clear and convincing evidence that Indemnitee Indemnitees is not entitled to payment of Indemnifiable Amounts Losses and Expenses hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Markwest Hydrocarbon Inc)
Burden of Proof. In any judicial proceeding brought under this Section 10(a) above10, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts Losses and Expenses hereunder.
Appears in 1 contract
Samples: Form of Indemnification Agreement (optionsXpress Holdings, Inc.)
Burden of Proof. In any judicial proceeding brought under Section 10(a11(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment indemnification of Indemnifiable Amounts or advancement of Expenses, as applicable, hereunder.
Appears in 1 contract
Samples: Director and Officer (Platform Specialty Products Corp)
Burden of Proof. In any judicial proceeding brought under Section 10(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts or advancement of Indemnifiable Expenses hereunder.
Appears in 1 contract
Burden of Proof. In any judicial proceeding brought under Section 10(a11(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment indemnification of Indemnifiable Amounts Liabilities or Indemnifiable Expenses, as applicable, hereunder.
Appears in 1 contract
Burden of Proof. In any judicial proceeding brought under Section 10(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts (or in the case of Section 8 or 9, other Expenses and Liabilities) hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Boston Properties LTD Partnership)
Burden of Proof. In any judicial action, suit or other proceeding brought under Section 10(a9(a) aboveabove to obtain payment by the Company of any Indemnifiable Amounts, the Company shall have the burden of proving that Indemnitee is not entitled to such payment of Indemnifiable Amounts hereunder.
Appears in 1 contract
Burden of Proof. In any judicial proceeding or arbitration brought under Section 10(a) above14(a), the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 1 contract
Samples: Director Indemnification Agreement (BJ Services, Inc.)
Burden of Proof. In any judicial proceeding brought under Section 10(a) above9(a), the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 1 contract
Burden of Proof. In any judicial proceeding brought under Section 10(a) 10.1 above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 1 contract
Burden of Proof. In any judicial proceeding brought under this Section 10(a) above10, the Company shall have the burden of proving by clear and convincing evidence that Indemnitee is not entitled to payment of Indemnifiable Amounts Losses and Expenses hereunder.
Appears in 1 contract
Samples: Peoples Energy Corporation Indemnification Agreement (Peoples Energy Corp)
Burden of Proof. In any judicial proceeding brought under Section 10(a11(a) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts Expenses hereunder.
Appears in 1 contract
Burden of Proof. In any judicial proceeding brought under Section 10(a) above11(a), the Company shall have the burden of proving that Indemnitee is not entitled to payment indemnification of Indemnifiable Amounts or advancement of Expenses, as applicable, hereunder.
Appears in 1 contract
Samples: Form of Indemnification Agreement (Summer Infant, Inc.)
Burden of Proof. In any judicial proceeding action, suit or other Proceeding brought under Section 10(a11(a) aboveabove to obtain payment by the Company of any Indemnifiable Amounts, the Company shall have the burden of proving that Indemnitee is not entitled to such payment of Indemnifiable Amounts hereunder.
Appears in 1 contract
Samples: Indemnification Agreement (Bellerophon Therapeutics LLC)
Burden of Proof. In any judicial proceeding brought under Section 10(a) 10A above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 1 contract
Samples: Director and Officer Indemnification Agreement (Ubiquiti Networks, Inc.)
Burden of Proof. In any judicial proceeding brought under Section 10(a10((a)) above, the Company shall have the burden of proving that Indemnitee is not entitled to payment of Indemnifiable Amounts hereunder.
Appears in 1 contract
