Common use of By the Holder Clause in Contracts

By the Holder. The Holder will indemnify the Company, its directors, officers, legal counsel, accountants, each underwriter, if any, of the Company's securities covered by such a registration statement, and each person who controls the Company or such underwriter within the meaning of Section 15 of the Securities Act, against all claims, losses, damages and liabilities (or actions in respect thereof) arising out of or based on any untrue statement (or alleged untrue statement) of a material fact contained in any such registration statementor prospectus, or any omission (or alleged omission) to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading, and will reimburse the Company, such directors, officers, underwriters or control persons for any legal or any other expenses reasonably incurred in connection with investigating or defending any such claim, loss, damage, liability or action, in each case to the extent, but only to the extent, that such untrue statement (or alleged untrue statement) or omission (or alleged omission) is made in such registration statement or prospectus in reliance upon and in conformity with written information furnished to the Company by an instrument duly executed by the Holder and stated to be specifically for use therein. Notwithstanding the foregoing, the liability of the Holder under this subsection (b) shall be limited in an amount equal to the net proceeds of the shares sold by the Holder, unless such liability arises out of or is based on willful misconduct by the Holder.

By the Holder. The Holder will will, if Shares held by such Holder are included in the securities as to which such registration, qualification or compliance is being effected, indemnify the Company, each of its directors, officers, directors and officers and its legal counsel, counsel and independent accountants, each underwriter, if any, of the Company's securities covered by such a registration statement, and each person who controls the Company or such underwriter within the meaning of Section 15 of the Securities Act, and each other holder of securities included in any registration effected pursuant to Section 11(a), each of their officers and directors and each person controlling such holder within the meaning of Section 15 of the Securities Act, against all claims, losses, damages and liabilities (or actions in respect thereof) arising out of or based on any untrue statement (or alleged untrue statement) of a material fact contained in any such registration statementor statement, prospectus, or other document, or any omission (or alleged omission) to state therein a material fact required to be stated therein or necessary to make the statements therein therein, in light of the circumstances in which they were made, not misleading, and will reimburse the Company, such holders, such directors, officers, legal counsel, independent accountants, persons, underwriters or control controlling persons for any legal or any other expenses reasonably incurred in connection with investigating or defending any such claim, loss, damage, liability or action, in each case to the extent, but only to the extent, that such untrue statement (or alleged untrue statement) or omission (or alleged omission) is made in such registration statement statement, prospectus or prospectus other document in reliance upon and in conformity with written information furnished to the Company by an instrument duly executed by the Holder and stated to be specifically for use therein. Notwithstanding the foregoing, the liability of the Holder under this subsection (b) shall be limited in an amount equal to the net proceeds of the shares sold by the Holder, unless such liability arises out of or is based on willful misconduct by the Holder.furnished

By the Holder. The Holder will will, if Registrable Securities held by such Holder are included in the securities as to which such registration, qualification or compliance is being effected, indemnify the Company, each of its directors, officers, directors and officers and its legal counsel, counsel and independent accountants, each underwriter, if any, of the Company's securities covered by such a registration statement, and each person who controls the Company or such underwriter within the meaning of Section 15 of the Securities Act, and each other holder of securities included in any registration effected pursuant to Section 6(c), each of their officers and directors and each person controlling such holder within the meaning of Section 15 of the Securities Act, against all claims, losses, damages and liabilities (or actions in respect thereof) arising out of or based on any untrue statement (or alleged untrue statement) of a material fact contained in any such registration statementor statement, prospectus, or other document, or any omission (or alleged omission) to state therein a material fact required to be stated therein or necessary to make the statements therein therein, in light of the circumstances in which they were made, not misleading, and will reimburse the Company, such holders, such directors, officers, legal counsel, independent accountants, persons, underwriters or control controlling persons for any legal or any other expenses reasonably incurred in connection with investigating or defending any such claim, loss, damage, liability or action, in each case to the extent, but only to the extent, that such untrue statement (or alleged untrue statement) or omission (or alleged omission) is made in such registration statement statement, prospectus or prospectus other document in reliance upon and in conformity with written information furnished to the Company by an instrument duly executed by the Holder and stated to be specifically expressly for use therein. Notwithstanding the foregoing, the liability of the Holder under this subsection (b) shall be limited in an amount equal to the net proceeds of the shares sold connection with such registration by the Holder, unless such liability arises out of or is based on willful misconduct by the Holder.

By the Holder. The Holder will agrees to indemnify and hold harmless the Company, its directors, officers, legal counsel, accountants, employees and agents and each underwriterPerson, if any, of the Company's securities covered by such a registration statement, and each person who controls the Company or such underwriter within the meaning of Section 15 the Securities Act or of the Exchange Act, and its directors, officers, employees and agents, (the “Company Indemnified Persons”) against any Losses to which such Company Indemnified Person may become subject under the Securities Act, against all claimsthe Exchange Act or otherwise, losses, damages and liabilities insofar as such Losses (or actions or proceedings, whether commenced or threatened, in respect thereof) arising arise out of or are based on upon (i) any untrue statement (or alleged untrue statement) statement of a any material fact (in the case of any prospectus, in light of the circumstances under which such statement is made) contained in information regarding the Holder, furnished in writing by or on behalf of the Holder expressly for inclusion in the Shelf Registration Statement, any such registration statementor preliminary prospectus, prospectus supplement or final prospectus contained therein, or any omission amendment or supplement thereof, (ii) any misrepresentation or alleged omission) to state therein a material fact required to be stated therein breach of any representation or necessary to make the statements therein not misleading, and will reimburse the Company, such directors, officers, underwriters or control persons for any legal or any other expenses reasonably incurred in connection with investigating or defending any such claim, loss, damage, liability or action, in each case to the extent, but only to the extent, that such untrue statement (or alleged untrue statement) or omission (or alleged omission) is warranty made in such registration statement or prospectus in reliance upon and in conformity with written information furnished to the Company by an instrument duly executed by the Holder and stated to be specifically for use therein. Notwithstanding in this Agreement or (iii) any breach of any covenant, agreement or obligation of the foregoingHolder contained in this Agreement; provided, however, that the liability of the Holder under this subsection (b) shall not be limited greater in an amount equal to than the net proceeds dollar amount of the shares sold proceeds (net of any Selling Expenses) received by the Holder, unless Holder from the sale of the Registrable Securities giving rise to such liability arises out of or is based on willful misconduct by the Holderindemnification.

By the Holder. The Holder will indemnify the Company, its directors, officers, legal counsel, accountants, each underwriter, if any, of the Company's securities covered by such a registration statement, and each person who controls the Company or such underwriter within the meaning of Section 15 of the Securities Act, against all claims, losses, damages and liabilities (or actions in respect thereof) arising out of or based on any untrue statement (or alleged untrue statement) of a material fact contained in any such registration statementor statement, prospectus, offering circular or other document, or any omission (or alleged omission) to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading, and will reimburse the Company, such directors, officers, underwriters or control persons for any legal or any other expenses reasonably incurred in connection with investigating or defending any such claim, loss, damage, liability or action, in each case to the extent, but only to the extent, that such untrue statement (or alleged untrue statement) or omission (or alleged omission) is made in such registration statement statement, prospectus, offering circular or prospectus other document in reliance upon and in conformity with written information furnished to the Company by an instrument duly executed by the Holder and stated to be specifically for use therein. Notwithstanding the foregoing, the liability of the Holder under this subsection (b) shall be limited in an amount equal to the net proceeds of the shares sold by the Holder, unless such liability arises out of or is based on willful misconduct by the Holder.