Common use of By Subscriber Clause in Contracts

By Subscriber. The Subscriber agrees to indemnify and hold harmless the Company, its officers and directors and each other person, if any, who controls or is controlled by any of them, within the meaning of Section 15 of the 1933 Act, against any and all loss, liability, claim, damage and expense whatsoever (including, but not limited to, the reasonable expenses of counsel) arising out of or based upon (i) any false representation or warranty or breach or failure by the Subscriber to comply with any covenant or agreement made by the Subscriber herein or in any other document furnished by the Subscriber to any of the foregoing in connection with this transaction; (ii) any action for securities law violations instituted by the Subscriber which is resolved by judgment against the Subscriber; or (iii) the disposition of any Shares which the Subscriber will receive, contrary to the Subscriber's declaration, representations and warranties in this Agreement.

By Subscriber. The Each Subscriber agrees to indemnify and hold harmless the Company, its officers and directors and each other person, if any, who controls or is controlled by any of them, within the meaning of Section 15 of the 1933 Act, against any and all loss, liability, claim, damage and expense whatsoever (including, but not limited to, the reasonable expenses of counsel) arising out of or based upon (i) any false representation or warranty or breach or failure by the Subscriber to comply with any covenant or agreement made by the Subscriber herein or in any other document furnished by the Subscriber to any of the foregoing in connection with this transaction; or (ii) any action for securities law violations instituted by the Subscriber which is resolved by judgment against the Subscriber; or (iii) the disposition of any Shares which the Subscriber will receive, contrary to the Subscriber's declaration, representations and warranties in this Agreement.