Common use of By Each Selling Holder Clause in Contracts

By Each Selling Holder. Each Selling Holder agrees severally and not jointly to indemnify and hold harmless USWS, its directors, officers, employees and agents and each Person, if any, who controls USWS within the meaning of the Securities Act or of the Exchange Act to the same extent as the foregoing indemnity from USWS to the Selling Holders, but only with respect to information regarding such Selling Holder furnished in writing by or on behalf of such Selling Holder expressly for inclusion in the Shelf Registration Statement, any other registration statement contemplated by this Agreement or prospectus supplement relating to the Registrable Securities, or any amendment or supplement thereto; provided, however, that the liability of each Selling Holder shall not be greater in amount than the dollar amount of the proceeds (net of any Selling Expenses) received by such Selling Holder from the sale of the Registrable Securities giving rise to such indemnification less the amount of any damages that such Selling Holder has otherwise been required to pay by reason of such untrue or alleged untrue statement or omission or alleged omission.

Appears in 5 contracts

Samples: Registration Rights Agreement (U.S. Well Services, Inc.), Registration Rights Agreement (Crestview Partners III GP, L.P.), Registration Rights Agreement (U.S. Well Services, Inc.)

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By Each Selling Holder. Each Selling Holder agrees severally and not jointly to indemnify and hold harmless USWSthe Company, its directors, officers, employees employees, and agents and each Person, if any, who controls USWS the Company within the meaning of the Securities Act or of the Exchange Act to the same extent as the foregoing indemnity from USWS the Company to the Selling Holders, but only with respect to information regarding such Selling Holder furnished in writing by or on behalf of such Selling Holder expressly for inclusion in the Shelf Registration Statement, any other registration statement contemplated by this Agreement or prospectus supplement relating to the Registrable Securities, or any amendment or supplement thereto; provided, however, that the liability of each Selling Holder shall not be greater in amount than the dollar amount of the proceeds (net of any Selling Expenses) received by such Selling Holder from the sale of the Registrable Securities giving rise to such indemnification less the amount of any damages that such Selling Holder has otherwise been required to pay by reason of such untrue or alleged untrue statement or omission or alleged omission.

Appears in 3 contracts

Samples: Registration Rights Agreement (Flotek Industries Inc/Cn/), Registration Rights Agreement (ProFrac Holding Corp.), Registration Rights Agreement (Flotek Industries Inc/Cn/)

By Each Selling Holder. Each Selling Holder agrees severally and not jointly to indemnify and hold harmless USWSTMC, its directors, officers, employees and agents and each Person, if any, who controls USWS TMC within the meaning of the Securities Act or of the Exchange Act to the same extent as the foregoing indemnity from USWS TMC to the Selling Holders, but only with respect to information regarding such Selling Holder furnished in writing by or on behalf of such Selling Holder expressly for inclusion in the Shelf Registration Statement, any other registration statement contemplated by this Agreement or prospectus supplement relating to the Registrable Securities, or any amendment or supplement thereto; provided, however, that the liability of each Selling Holder shall not be greater in amount than the dollar amount of the proceeds (net of any Selling Expenses) received by such Selling Holder from the sale of the Registrable Securities giving rise to such indemnification less the amount of any damages that such Selling Holder has otherwise been required to pay by reason of such untrue or alleged untrue statement or omission or alleged omission.

Appears in 2 contracts

Samples: Registration Rights Agreement (Tuesday Morning Corp/De), Note Purchase Agreement (Tuesday Morning Corp/De)

By Each Selling Holder. Each Selling Holder agrees severally and not jointly to indemnify and hold harmless USWS, its directors, officers, employees and agents and each Person, if any, who controls USWS within the meaning of the Securities Act or of the Exchange Act to the same extent as the foregoing indemnity from USWS to the Selling Holders, but only with respect to information regarding such Selling Holder furnished in writing by or on behalf of such Selling Holder expressly for inclusion in the Shelf Registration Statement, any other registration statement contemplated by this Agreement Statement or prospectus supplement relating to the Registrable Securities, or any amendment or supplement thereto; provided, however, that the liability of each Selling Holder shall not be greater in amount than the dollar amount of the proceeds (net of any Selling Expenses) received by such Selling Holder from the sale of the Registrable Securities giving rise to such indemnification less the amount of any damages that such Selling Holder has otherwise been required to pay by reason of such untrue or alleged untrue statement or omission or alleged omission.

Appears in 2 contracts

Samples: Purchase Agreement (U.S. Well Services, Inc.), Registration Rights Agreement (U.S. Well Services, Inc.)

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By Each Selling Holder. Each Selling Holder agrees severally and not jointly to indemnify and hold harmless USWSthe Company, its directors, officers, employees employees, and agents and each Person, if any, who controls USWS the Company within the meaning of the Securities Act or of the Exchange Act to the same extent as the foregoing indemnity from USWS the Company to the Selling Holders, but only with respect to information regarding such Selling Holder furnished in writing by or on behalf of such Selling Holder expressly for inclusion in the Shelf Registration Statement, any other registration statement contemplated by this Agreement or prospectus supplement relating to the Registrable Securities, or any amendment or supplement thereto; provided, however, that the liability of each Selling Holder shall not be greater in amount than the dollar amount of the proceeds (net of any Selling Expenses) received by such Selling Holder from the sale of the Registrable Securities giving rise to such indemnification less the amount of any damages that such Selling Holder has otherwise been required to pay by reason of such untrue or alleged untrue statement or omission or alleged omission.. (c)

Appears in 1 contract

Samples: Registration Rights Agreement (Flotek Industries Inc/Cn/)

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