HMNY Helios and Matheson Analytics Inc (CE)

On June 12, 2019, Helios and Matheson Analytics Inc. (the “Company”, “we” or “our’) entered into its customary form of Indemnification Agreement with Robert Damon, the Company’s Interim Chief Financial Officer and Secretary.

Pursuant to the terms of the Indemnification Agreement, the Company must indemnify Mr. Damon if he is or was a party to or threatened to be made a party to any proceeding by reason of the fact that he is or was a director or officer of the Company, or is or was serving at the request of the Company as a director, officer, employee, or agent of another entity, against all expenses, judgments, fines and amounts paid in settlement actually and reasonably incurred by Mr. Damon in connection with the defense or settlement of such proceeding or any claim, issue or matter therein, subject to customary exclusions as required by applicable law and as set forth in the Indemnification Agreement. The Company must advance all reasonable expenses to Mr. Damon in connection with a proceeding or any claim, issue or matter therein within 30 days after receipt of a notice from him requesting the advance. The notice must include reasonable evidence of the expenses and must be preceded or accompanied by an undertaking by or on behalf of Mr. Damon to repay any expenses advanced if it is determined that he is not entitled to be indemnified against the expenses. Notwithstanding the Indemnification Agreement, the Company must indemnify Mr. Damon to the full extent permitted by law, whether or not such indemnification is specifically authorized by the other provisions of the Indemnification Agreement, the Company’s Certificate of Incorporation, the Bylaws, or by statute.

The term of the Indemnification Agreement will continue until the later of: (a) 10 years after the date that Mr. Damon ceases to serve as a director or officer of the Company or as a director, officer, employee, or agent of another entity at the request of the Company, or (b) the final disposition of all pending proceedings or claims, issues or matters therein in respect of which Mr. Damon is granted rights of indemnification or advancement of expenses under the Indemnification Agreement and of any action, suit or proceeding commenced by Mr. Damon to enforce his rights under the Indemnification Agreement relating thereto.

The foregoing is only summary of the Indemnification Agreement, a form of which is attached to this Current Report as Exhibit 10.1, and is qualified in its entirety by the full text of the Indemnification Agreement, which is incorporated into this Item 1.01 by reference.