Presumptions and Effect of Certain Proceedings Clause Example from Business Contracts

This example Presumptions and Effect of Certain Proceedings clause appears in 10 contracts from 10 companies

Presumptions and Effect of Certain Proceedings. (a) In making a determination with respect to entitlement to indemnification hereunder, the person, persons or entity making such determination shall, to the fullest extent not prohibited by law, presume that Indemnitee is entitled to indemnification under this Agreement, and the Company shall, to the fullest extent not prohibited by law, have the burden of proof to overcome that presumption. -7- (b) The termination of any Proceeding or of any claim, issue or matter therein, by judgment, order, ...settlement or conviction, or upon a plea of nolo contendere or its equivalent, shall not (except as otherwise expressly provided in this Agreement) of itself create a presumption that Indemnitee did not act in good faith and in a manner which he or she reasonably believed to be in or not opposed to the best interests of the Company or, with respect to any criminal Proceeding, that Indemnitee had reasonable cause to believe that his or her conduct was unlawful. (c) Neither the knowledge, actions nor failure to act of any other director, officer, agent or employee of the Enterprise shall be imputed to Indemnitee for purposes of determining the right to indemnification under this Agreement. View More

Found in Samba TV, Inc. contract

Kensington Capital Acquisition Corp. Contracts

Form of Indemnification Agreement by and between the Company and its directors and officers (Filed With SEC on December 2, 2020)

Upstart Holdings, Inc. Contracts

Form of Indemnification Agreement between the registrant and each of its directors and executive officers (Filed With SEC on December 4, 2020)

NightDragon Acquisition Corp. Contracts

Form of Indemnification Agreement (Filed With SEC on February 24, 2021)

Edgewise Therapeutics, Inc. Contracts

Form of Indemnification Agreement between the Registrant and each of its directors and executive officers (Filed With SEC on March 5, 2021)

Paymentus Holdings, Inc. Contracts

Form of Director and Executive Officer Indemnification Agreement (Filed With SEC on May 13, 2021)

TORCHLIGHT ENERGY RESOURCES INC Contracts