Common use of Indemnification by Selling Holders Clause in Contracts

Indemnification by Selling Holders. Each Selling Holder agrees, severally but not jointly, to indemnify and hold harmless the Company, its officers, directors and agents and each Person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such Selling Holder, but only with reference to information related to such Selling Holder furnished in writing by such Selling Holder or on such Selling Holder’s behalf expressly for use in any registration statement or prospectus relating to the Registrable Securities, or any amendment or supplement thereto, or any preliminary prospectus. Each Selling Holder also agrees to indemnify and hold harmless Underwriters of the Registrable Securities, their officers and directors and each Person who controls such Underwriters on substantially the same basis as that of the indemnification of the Company provided in this Section 4.2. In no event, however, shall any indemnity obligation under this Section 4.2 exceed the net proceeds from the offering received by such Selling Holder.

Appears in 3 contracts

Samples: Registration Rights Agreement (Hhgregg, Inc.), Registration Rights Agreement (Hhgregg, Inc.), Registration Rights Agreement (HHG Distributing, LLC)

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Indemnification by Selling Holders. Each Selling Holder agrees, severally but not jointly, to indemnify and hold harmless the Company, its officers, directors and agents officers and each Personperson, if any, who controls the Company within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act Act, as amended, to the same extent as the foregoing indemnity from the Company to such Selling Holder, but only with reference respect to information related to such Selling Holder furnished in writing by such Selling Holder or on such Selling Holder’s 's behalf expressly for use in any registration statement or prospectus relating to the Registrable Securities, or any amendment or supplement thereto, or any preliminary prospectus. In case any action or proceeding shall be brought against the Company or its directors or officers, or any such controlling person, in respect of which indemnity may be sought against such Selling Holder, such Selling Holder shall have the rights and duties given to the Company, and the Company or its directors or officers or such controlling person shall have the rights and duties given to such Selling Holder, by the preceding paragraph. Each Selling Holder also agrees to indemnify and hold harmless Underwriters underwriters of the Registrable Securities, their officers and directors and each Person person who controls such Underwriters underwriters on substantially the same basis as that of the indemnification of the Company provided in this Section 4.2. In no event, however, shall any indemnity obligation under this Section 4.2 exceed the net proceeds from the offering received by such Selling Holder4.4(c).

Appears in 3 contracts

Samples: Stock Purchase Agreement (Plains Resources Inc), Stock Purchase Agreement (Plains Resources Inc), Stock Purchase Agreement (Plains Resources Inc)

Indemnification by Selling Holders. Each Selling Holder ---------------------------------- agrees, severally but not jointly, to indemnify and hold harmless the Company, its officers, directors and agents and each Person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such Selling Holder, but only with reference to information related to such Selling Holder furnished in writing by such Selling Holder or on such Selling Holder’s 's behalf expressly for use in any registration statement or prospectus relating to the Registrable Securities, or any amendment or supplement thereto, or any preliminary prospectus. Each Selling Holder also agrees to indemnify and hold harmless Underwriters of the Registrable Securities, their officers and directors and each Person who controls such Underwriters on substantially the same basis as that of the indemnification of the Company provided in this Section 4.2. In no event, however, shall any indemnity obligation under this Section 4.2 exceed the net proceeds from the offering received by such Selling Holder.

Appears in 2 contracts

Samples: Registration Rights Agreement (Century Maintenance Supply Inc), Preferred Stock Registration Rights Agreement (Century Maintenance Supply Inc)

Indemnification by Selling Holders. Each Selling Holder agrees, severally but not jointly, to indemnify and hold harmless the Company, its officers, directors and agents and each Person, if any, who controls the Company within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such Selling Holder, but only with reference to information related to such Selling Holder furnished in writing to the Company by such Selling Holder or on such Selling Holder’s 's behalf expressly for use in any registration statement Registration Statement or prospectus relating to the Registrable Securities, or any amendment or supplement thereto, or any preliminary prospectus. Each In connection with any underwritten offering, each Selling Holder also agrees to indemnify and hold harmless the Underwriters of the Registrable Securities, their officers and directors and each Person who controls such Underwriters on substantially the same basis as that of the indemnification of the Company provided in this Section 4.2. In Notwithstanding anything in this Agreement to the contrary, in no event, however, event shall any indemnity obligation under this Section 4.2 exceed Selling Holder be obligated to provide indemnification hereunder in connection with any offering in an amount that exceeds the net proceeds from the of such offering received by such Selling Holder.

Appears in 2 contracts

Samples: Registration Rights Agreement (Singapore Telecommunications LTD), Registration Rights Agreement (Hughes Communications Satellite Services Inc)

Indemnification by Selling Holders. Each Selling Holder agrees, severally but not jointly, to indemnify and hold harmless the Company, its officers, directors and agents and each Person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such Selling Holder, but only with reference to information related to such Selling Holder furnished in writing by such Selling Holder or on such Selling Holder’s behalf expressly for use in any registration statement Registration Statement or prospectus relating to the Registrable Securities, or any amendment or supplement thereto, or any preliminary prospectus. Each Selling Holder also agrees to indemnify and hold harmless Underwriters of the Registrable Securities, their officers and directors and each Person who controls such Underwriters on substantially the same basis as that of the indemnification of the Company provided in this Section 4.2. In no event, however, shall any indemnity obligation under this Section 4.2 exceed the net proceeds from the offering received by such Selling Holder.

Appears in 2 contracts

Samples: Registration Rights Agreement (Arhaus, Inc.), Form of Registration Rights Agreement (Arhaus, Inc.)

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Indemnification by Selling Holders. Each Selling Holder agrees, severally but not jointly, to indemnify and hold harmless the Company, its officers, directors and agents and each Person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such Selling Holder, but only with reference to information related to such Selling Holder furnished in writing by such Selling Holder or on such Selling Holder’s behalf expressly for use in any registration statement or prospectus relating to the Registrable Securities, or any amendment or supplement thereto, or any preliminary prospectus. Each Selling Holder also agrees to indemnify and hold harmless Underwriters of the Registrable Securities, their officers and directors and each Person who controls such Underwriters on substantially the same basis as that of the indemnification of the Company provided in this Section 4.22.7. In no event, however, shall any indemnity obligation under this Section 4.2 2.7 exceed the net proceeds from the offering received by such Selling Holder.

Appears in 2 contracts

Samples: Registration Rights Agreement (Boot Barn Holdings, Inc.), Registration Rights Agreement (Boot Barn Holdings, Inc.)

Indemnification by Selling Holders. Each Selling Holder agreesshall, severally but not jointly, to indemnify and hold harmless the Company, its officers, directors directors, employees and agents and each Person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act Act, together with the partners, officers, directors, employees and agents of such controlling Person (collectively, "Company Covered Persons"), to the same extent as the foregoing indemnity from the Company to such Selling Holder, but only with reference to information related to such Selling Holder Holder, or its plan of distribution, furnished in writing by such Selling Holder or on such Selling Holder’s 's behalf expressly for use in any registration statement or prospectus relating to the Registrable Securities, or any amendment or supplement thereto, or any preliminary prospectus. Each prospectus and the aggregate amount which may be recovered from any Selling Holder also agrees pursuant to indemnify and hold harmless Underwriters of the Registrable Securities, their officers and directors and each Person who controls such Underwriters on substantially the same basis as that of the indemnification of the Company provided for in this Section 4.2. In no event, however, 4.2 in connection with any registration and sale of Registrable Securities shall any indemnity obligation under this Section 4.2 exceed be limited to the net total proceeds from the offering received by such Selling Holder.Holder from the sale of such Registrable Securities. In case any action or proceeding

Appears in 1 contract

Samples: Registration Rights Agreement (Park N View Inc)

Indemnification by Selling Holders. Each To the extent permitted by applicable law, each Selling Holder agrees, severally but not jointly, to indemnify and hold harmless the CompanyIssuer, its officers, directors and agents and each Personperson, if any, who controls the Company Issuer within the meaning of either Section 15 of the Securities Act or of Section 20 of the Exchange Act Act, to the same extent as the foregoing indemnity from the Company Issuer to such Selling Holder, but only with reference to (i) information related to such Selling Holder furnished in writing by or on behalf of such Selling Holder or on such Selling Holder’s behalf expressly for use in any registration statement or prospectus relating to the Registrable Securities, or any amendment or supplement thereto, or any preliminary prospectus, (ii) such Selling Holder's failure to comply with the penultimate sentence of Section 3.4(e) and (iii) if the Issuer shall have provided such Selling Holder with an appropriate prospectus, such Selling Holder's failure to deliver such prospectus to the purchaser from such Selling Holder. Each Selling Holder also agrees agrees, to the extent permitted by applicable law, to indemnify and hold harmless Underwriters of the Registrable Securities, their officers and directors and each Person who controls such Underwriters on substantially the same basis as that of the indemnification of the Company Issuer provided for in this Section 4.2. In no event, however, shall any indemnity obligation under this Section 4.2 exceed the net proceeds from the offering received by such Selling Holder3.7.

Appears in 1 contract

Samples: Securityholders Agreement (Econophone Inc)

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