Common use of Holders’ Indemnification Clause in Contracts

Holders’ Indemnification. In the event of a registration of any of Holder's Warrant Shares under the Act pursuant to the provisions of this Agreement, Holder shall furnish to the Company in writing such information and affidavits with respect to Holder as the Company reasonably requests for use in connection with any such registration statement (or prospectus contained therein) and Holder will indemnify and hold harmless to the extent permitted by law, the Company, each person, if any, who controls the Company within the meaning of the Act, each officer and director of the Company, each underwriter and each person who controls any underwriter within the meaning of the Act, against all Losses to which the Company or such officer, director, underwriter or controlling person may become subject under the Act or otherwise, insofar as such Losses arise out of or are based upon any statements or information provided in writing by Holder, including each of its officers, partners, directors, employees and representatives, to the Company or underwriter in connection with the offer and sale of Warrant Shares. Notwithstanding the foregoing, the amount Holder shall be obligated to indemnify pursuant to this Agreement shall be limited to an amount equal to the proceeds received by Holder of the Warrant Shares sold pursuant to the registration statement which gives rise to such obligation to indemnity (less the aggregate amount which Holder has been otherwise required to pay in respect of such Loss or any substantially similar Loss arising from the sale of such Warrant Shares).