Common use of Contribution Limits Clause in Contracts

Contribution Limits. The Corporation and the Participating Holders agree that it would not be just and equitable if contribution pursuant to this Section 6 were determined by pro rata allocation (even if the Participating Holders were treated as one entity for such purpose) or by any other method of allocation which does not take account of the equitable considerations referred to in Section 6(e). The amount paid or payable by an indemnified party as a result of the Losses referred to in Section 6(e) shall be deemed to include, subject to the limitations set forth above, any legal or other expenses reasonably incurred by such indemnified party in connection with investigating or defending any such action or claim. Notwithstanding the provisions of this Section 6, no Participating Holder shall be required to contribute pursuant to this Section 6 any amount in excess of the difference of (i) any amounts paid pursuant to Section 6(b) and (ii) the net proceeds received by such Participating Holder from the sale of Registrable Securities covered by the registration statement filed pursuant hereto. No Person guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution from any Person who was not guilty of such fraudulent misrepresentation.

Contribution Limits. The Corporation and the Participating Holders Executive agree that it would not be just and equitable if contribution pursuant to this Section 6 5 were determined by pro rata allocation (even if the Participating Holders sellers of Registrable Securities were treated as one entity for such purpose) or by any other method of allocation which does not take account of the equitable considerations referred to in Section 6(e5(e). The amount paid or payable by an indemnified party as a result of the Losses referred to in Section 6(e5(e) shall be deemed to include, subject to the limitations set forth above, any legal or other expenses reasonably incurred by such indemnified party in connection with investigating or defending any such action or claim. Notwithstanding the provisions of this Section 65, no Participating Holder Executive shall not be required to contribute pursuant to this Section 6 5 any amount in excess of the difference sum of (i) any amounts paid pursuant to Section 6(b5(b) and (ii) the net amount of proceeds (after underwriting fees, commissions or discounts) actually received by such Participating Holder Executive from the sale of Registrable Securities covered by the registration statement filed pursuant hereto. No Person guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution from any Person who was not guilty of such fraudulent misrepresentation.

Contribution Limits. The Corporation and the Participating Holders sellers of Registerable Securities agree that it would not be just and equitable if contribution pursuant to this Section 6 were determined by pro rata allocation (even if the Participating Holders sellers of Registerable Securities were treated as one entity for such purpose) or by any other method of allocation which does not take account of the equitable considerations referred to in Section 6(e). The amount paid or payable by an indemnified party as a result of the Losses referred to in Section 6(e) shall be deemed to include, subject to the limitations set forth above, any legal or other expenses reasonably incurred by such indemnified party in connection with investigating or defending any such action or claim. Notwithstanding the provisions of this Section 6, no Participating Holder seller of Registerable Securities shall be required to contribute pursuant to this Section 6 any amount in excess of the difference sum of (i) any amounts paid pursuant to Section 6(b) and (ii) the net amount of proceeds (after underwriting fees, commissions or discounts) actually received by such Participating Holder seller from the sale of Registrable Registerable Securities covered by the registration statement filed pursuant hereto. No Person guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution from any Person who was not guilty of such fraudulent misrepresentation.

Contribution Limits. The Corporation Company and the Participating Holders sellers of Investor Registrable Securities agree that it would not be just and equitable if contribution pursuant to this Section 6 7 were determined by pro rata allocation (even if the Participating Holders sellers of Investor Registrable Securities were treated as one entity for such purpose) or by any other method of allocation which does not take account of the equitable considerations referred to in Section 6(e7(e). The amount paid or payable by an indemnified party as a result of the Losses referred to in Section 6(e7(e) shall be deemed to include, subject to the limitations set forth above, any legal or other expenses reasonably incurred by such indemnified party in connection with investigating or defending any such action or claim. Notwithstanding the provisions of this Section 67, no Participating Holder seller of Investor Registrable Securities shall be required to contribute pursuant to this Section 6 7 any amount in excess of the difference of (i) any amounts paid pursuant to Section 6(b) and (ii) the net proceeds received by such Participating Holder seller from the sale of Investor Registrable Securities covered by the registration statement Registration Statement filed pursuant hereto. No Person guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution from any Person who was not guilty of such fraudulent misrepresentation.