Common use of Indemnification by Designated Holders Clause in Contracts

Indemnification by Designated Holders. Each Designated Holder agrees to indemnify and hold harmless the Company, any underwriter retained by the Company, each of their respective officers, directors and affiliates and each Person who controls the Company or such underwriter (within the meaning of Section 15 of the Securities Act) to the same extent as the foregoing indemnity from the Company to the Designated Holders, but only if such statement or alleged statement or omission or alleged omission was made in reliance upon and in conformity with information with respect to such Designated Holder furnished in writing to the Company by such Designated Holder expressly for use in such registration statement or prospectus, including, without limitation, the information furnished to the Company pursuant to Section 6.2; PROVIDED, HOWEVER, that the total amount to be indemnified by such Designated Holder pursuant to Section 6.2 shall be limited to the net proceeds received by such Designated Holder in the offering to which the Registration Statement or prospectus relates.

Appears in 4 contracts

Samples: Share Purchase Agreement (Collins & Aikman Corp), Stock Purchase Agreement (Cypress Capital Advisors LLC), Registration Rights Agreement (Cypress Capital Advisors LLC)

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Indemnification by Designated Holders. Each Designated Holder agrees to indemnify and hold harmless the Company, the other Designated Holders, any underwriter retained by the Company, each of their respective officers, directors and affiliates Affiliates and each Person who controls the Company Company, the other Designated Holders or such underwriter (within the meaning of Section 15 of the Securities Act) to the same extent as the foregoing indemnity from the Company to the Designated Holders, but only if such statement or alleged statement or omission or alleged omission was made in reliance upon and in conformity with information with respect to such Designated Holder furnished in writing to the Company by such Designated Holder expressly for use in such registration statement Registration Statement or prospectus, including, without limitation, the information furnished to the Company pursuant to Section 6.2; PROVIDEDprovided, HOWEVERhowever, that the total amount to be indemnified by such Designated Holder pursuant to Section 6.2 shall be limited to the net proceeds received by such Designated Holder in the offering to which the Registration Statement or prospectus relates.

Appears in 2 contracts

Samples: Registration Rights Agreement (McCallum Elkin), Registration Rights Agreement (Collins & Aikman Corp)

Indemnification by Designated Holders. Each In connection with any Registration Statement in which a Designated Holder is participating pursuant to Article III, Article IV or Article V hereof, each such Designated Holder agrees to indemnify and hold harmless the Company, its directors, officers and affiliates, any underwriter retained by the Company, each of their respective officers, directors and affiliates Company and each Person who controls the Company or such underwriter (within the meaning of Section 15 of the Securities Act) to the same extent as the foregoing indemnity from the Company to the Designated Holders, but only if such statement or alleged statement or omission or alleged omission was made in reliance upon and in conformity with information with respect to such Designated Holder furnished in writing to the Company by such Designated Holder expressly for use in such registration statement or prospectus; provided, including, without limitation, the information furnished to the Company pursuant to Section 6.2; PROVIDED, HOWEVERhowever, that the total amount to be indemnified by such Designated Holder pursuant to this Section 6.2 8.2 shall be limited to the net proceeds received by such Designated Holder in the offering to which the Registration Statement or prospectus relates.

Appears in 1 contract

Samples: Registration Rights Agreement (MAP Pharmaceuticals, Inc.)

Indemnification by Designated Holders. Each Designated Holder agrees to indemnify and hold harmless the Company, any underwriter retained by the Company, each of their respective officers, directors and affiliates and each Person who controls the Company or such underwriter (within the meaning of Section 15 of the Securities Act) to the same extent as the foregoing indemnity from the Company to the Designated Holders, but only if such statement or alleged statement or omission or alleged omission was made in reliance upon and in conformity with information with respect to such Designated Holder furnished in writing to the Company by such Designated Holder expressly for use in such registration statement or prospectus, including, without limitation, the information furnished to the Company pursuant to Section 6.2; PROVIDEDprovided, HOWEVERhowever, that the total amount to be indemnified by such Designated Holder pursuant to Section 6.2 shall be limited to the net proceeds received by such Designated Holder in the offering to which the Registration Statement or prospectus relates.

Appears in 1 contract

Samples: Registration Rights Agreement (Heartland Industrial Partners L P)

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Indemnification by Designated Holders. Each Designated Holder agrees to indemnify and hold harmless the Company, its directors, officers, Affiliates, any underwriter retained by the Company, each of their respective officers, directors and affiliates Company and each Person who controls the Company or such underwriter (within the meaning of Section 15 of the Securities Act) to the same extent as the foregoing indemnity from the Company to the Designated Holders, but only if such untrue statement or alleged untrue statement or omission or alleged omission was made in reliance upon and in conformity with information with respect to such Designated Holder furnished in writing to the Company by such Designated Holder expressly for use in such registration statement Registration Statement or prospectuspreliminary, final or summary prospectus or amendment or supplement, or a document incorporated by reference into any of the foregoing, including, without limitation, the information furnished to the Company pursuant to Section 6.2; PROVIDEDprovided, HOWEVERhowever, that the total amount to be indemnified by such Designated Holder pursuant to this Section 6.2 7.2 shall be limited to the net proceeds received by such Designated Holder in the offering to which the Registration Statement or prospectus relates.

Appears in 1 contract

Samples: Registration Rights Agreement (Allos Therapeutics)

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