Indemnification by Selling Stockholders. In connection with any registration statement in which a Stockholder is participating, each such Stockholder agrees, to the fullest extent permitted by law, to severally but not jointly, indemnify and hold harmless the Company, its Affiliates and their respective officers, directors, employees and agents and each Person, if any, who controls the Company or such other indemnified person (within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act) from and against any and all Losses caused by, resulting from or relating to any untrue statement (or alleged untrue statement) of a material fact contained in any registration statement, prospectus, preliminary prospectus or free-writing prospectus (as defined in Rule 405 under the Securities Act) relating to the Registrable Securities (in each case, as amended or supplemented if the Company shall have furnished any amendments or supplements thereto), or any omission (or alleged omission) to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading, but only to the extent that such untrue statement or omission or alleged untrue statement or omission is caused by and contained in information so furnished in writing by such Stockholder or on such Stockholder’s behalf expressly for use therein. Notwithstanding the foregoing, no Stockholder shall be liable under this Section 4.02 for any Losses in excess of the net proceeds realized by such Stockholder in the sale of Registrable Securities of such Stockholder giving rise to such indemnification obligation.
Appears in 6 contracts
Samples: Resale and Registration Rights Agreement, Resale and Registration Rights Agreement (Artisan Partners Asset Management Inc.), Resale and Registration Rights Agreement (Artisan Partners Asset Management Inc.)
Indemnification by Selling Stockholders. In connection with any registration statement in which a Each selling Stockholder is participating, each such Stockholder agreesagrees to indemnify and hold harmless, to the fullest full extent permitted by law, to severally but not jointly, indemnify and hold harmless the Company, its Affiliates and their respective directors, officers, directors, employees and agents representatives and each Person, if any, Person who controls the Company or such other indemnified person (within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act) from and against any losses, claims, damages or liabilities and all Losses expenses caused by, resulting from or relating to by any untrue statement (or alleged untrue statement) statement of a material fact contained in any registration statement, prospectus, preliminary prospectus or free-writing prospectus (as defined in Rule 405 under the Securities Act) relating to the Registrable Securities (in each case, as amended or supplemented if the Company shall have furnished any amendments or supplements thereto), Registration Statement or any omission (or alleged omission) omission to state therein a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, therein not misleading, to the extent, but only to the extent extent, that such untrue statement or omission or alleged untrue statement or omission is caused by and contained in any information or affidavit so furnished by such selling Stockholder to the Company for inclusion in such Registration Statement, prospectus or preliminary prospectus and has not been corrected in a subsequent writing prior to or concurrently with the sale of the securities to the Person asserting such loss, claim, damage, liability or expense. In no event shall the liability of any selling Stockholder hereunder be greater in amount than the dollar amount of the proceeds received by such selling Stockholder upon the sale of the securities giving rise to such indemnification obligation. The Company and the selling Stockholders shall be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating in the distribution, to the same extent as provided above with respect to information so furnished in writing by such Stockholder Persons for inclusion in any prospectus or on such Stockholder’s behalf expressly for use therein. Notwithstanding the foregoing, no Stockholder shall be liable under this Section 4.02 for any Losses in excess of the net proceeds realized by such Stockholder in the sale of Registrable Securities of such Stockholder giving rise to such indemnification obligationRegistration Statement.
Appears in 3 contracts
Samples: Management Investor Rights Agreement (Harrahs Entertainment Inc), Management Investor Rights Agreement (CAESARS ENTERTAINMENT Corp), Management Investor Rights Agreement (Harrahs Entertainment Inc)
Indemnification by Selling Stockholders. In connection with any registration statement in which a Stockholder is participatingEach Selling Stockholder, each such Stockholder agrees, to the fullest extent permitted by law, to severally but and not jointly, agrees to indemnify and hold harmless the Companyeach Underwriter, its Affiliates affiliates, and its and their respective officers, directors, employees employees, partners and agents members and each Personperson, if any, who controls any Underwriter within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Act, and the Carvana Parties, their directors, each of their officers who signed the Registration Statement and each person, if any, who controls the Company or such other indemnified person (Carvana Parties within the meaning of either Section 15 of the Securities 1933 Act or Section 20 of the Exchange Act) from and 1934 Act against any and all Losses caused byloss, resulting from liability, claim, damage and expense described in the indemnity contained in subsection (a) of this Section 6, as incurred, but only with respect to untrue statements of material fact or relating to any untrue statement (omissions therefrom of a material fact, or alleged untrue statement) statements of material fact or alleged omissions therefrom of a material fact contained fact, made in the Registration Statement (or any amendment thereto), in any registration statement, preliminary prospectus, preliminary prospectus any Issuer Free Writing Prospectus, the General Disclosure Package or free-writing prospectus the Prospectus (or any amendment or supplement to any of the foregoing), or any “issuer information” (as defined in Rule 405 under the Securities Act) relating to the Registrable Securities (in each case, as amended or supplemented if the Company shall have furnished any amendments or supplements thereto433), or any omission “road show” (or alleged omissionas defined in Rule 433) to state a material fact required to be stated therein or necessary to make the statements thereinthat does not constitute an Issuer Free Writing Prospectus, in light of the circumstances under which they were made, not misleading, but only reliance upon and in conformity with information furnished or confirmed in writing to the extent that such untrue statement or omission or alleged untrue statement or omission is caused Company by and contained in information so furnished in writing by such Stockholder or on behalf of such Stockholder’s behalf Selling Stockholder expressly for use therein. Notwithstanding ; provided, however, that the foregoing, no indemnity provided by such Selling Stockholder shall be liable under this Section 4.02 for any Losses in excess subsection (b) shall not exceed the product of (x) the net proceeds realized number of Securities sold by such Selling Stockholder in and (y) the sale of Registrable Securities of such Stockholder giving rise to such indemnification obligationPurchase Price.
Appears in 2 contracts
Samples: Underwriting Agreement (Carvana Co.), Underwriting Agreement (Carvana Co.)
Indemnification by Selling Stockholders. In connection with any registration statement Subject to the limitations in which a Stockholder is participatingthis paragraph below, each such Stockholder agreesSelling Stockholder, to the fullest extent permitted by law, to severally but and not jointly, agrees to indemnify and hold harmless you and each other Underwriter, the Companydirectors, its Affiliates and their respective officers, directors, employees and agents of each Underwriter, and each Personperson, if any, who controls the Company or such other indemnified person (any Underwriter within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act) Act from and against any and all Losses caused by, resulting from Damages arising out of or relating to based upon (a) any untrue statement (or alleged untrue statement) statement of a material fact contained in the Registration Statement, any registration statementPreliminary Prospectus, prospectusthe Commitment Prospectus, preliminary prospectus or free-writing prospectus (as defined the Prospectus or in Rule 405 under the Securities Act) relating to the Registrable Securities (in each caseany amendment or supplement thereto, as amended or supplemented if the Company shall have furnished any amendments or supplements thereto)Issuer Free Writing Prospectus, or any omission (or alleged omission) 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 under which they were made, ) not misleading, but only except to the extent that any such Damages arise out of or are based upon an untrue statement or omission or alleged untrue statement or omission is caused that has been made therein or omitted therefrom in reliance upon and in conformity with the information not expressly relating to the Selling Stockholders or the offering by and contained in information so them of their shares of Common Stock or furnished in writing to the Company by such Stockholder or on such Stockholder’s behalf of any Underwriter through you expressly for use thereinin connection therewith, or (b) any inaccuracy in or breach of the representations and warranties of such Selling Stockholder contained herein or any failure of such Selling Stockholder to perform such Selling Stockholder's obligations hereunder or under law. Notwithstanding the foregoing, no Stockholder This indemnification shall be liable under this Section 4.02 for in addition to any Losses in excess of liability that the net proceeds realized by such Selling Stockholders or any Selling Stockholder in the sale of Registrable Securities of such Stockholder giving rise to such indemnification obligationmay otherwise have.
Appears in 2 contracts
Samples: Underwriting Agreement (Bidz.com, Inc.), Underwriting Agreement (Bidz.com, Inc.)
Indemnification by Selling Stockholders. In connection with the event of any registration statement in which a Stockholder is participatingof any of the Registrable Shares under the Securities Act pursuant to this Agreement, each such Stockholder agreesSelling Stockholder, to the fullest extent permitted by law, to severally but and not jointly, will indemnify and hold harmless the CompanyAspen, each of its Affiliates directors and their respective officers, directors, employees and agents officers and each Personunderwriter (if any) and each person, if any, who controls the Company Aspen or any such other indemnified person (underwriter within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act) from and , against any losses, claims, damages or liabilities, joint or several, to which Aspen, such directors and all Losses caused byofficers, resulting from underwriter or relating to controlling person may become subject under the Securities Act, Exchange Act, state securities or Blue Sky laws or otherwise, insofar as such losses, claims, damages or liabilities (or actions in respect thereof) arise out of or are based upon any untrue statement (or alleged untrue statement) statement of a material fact contained in any registration statement, prospectus, preliminary prospectus or free-writing prospectus (as defined in Rule 405 Registration Statement under which such Registrable Shares were registered under the Securities Act) relating to , any preliminary prospectus or final prospectus contained in the Registrable Securities (in each case, as amended or supplemented if the Company shall have furnished any amendments or supplements thereto)Registration Statement, or any amendment or supplement to the Registration Statement, or arise out of or are based upon any omission (or alleged omission) omission to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, therein not misleading, but only if and to the extent that such untrue the statement or omission or alleged untrue statement or omission is caused by was made in reliance upon and contained in conformity with information so relating to such Selling Stockholder furnished in writing to Aspen by such Stockholder or on behalf of such Stockholder’s behalf expressly Selling Stockholder specifically for use therein. Notwithstanding in connection with the foregoingpreparation of such Registration Statement, no prospectus, amendment or supplement; PROVIDED, HOWEVER, that the obligations of a Selling Stockholder hereunder shall be liable under this Section 4.02 for any Losses in excess of limited to an amount equal to the net proceeds realized by to such Selling Stockholder in the sale of Registrable Securities of Shares sold in connection with such Stockholder giving rise to such indemnification obligationregistration.
Appears in 2 contracts
Samples: Registration Rights Agreement (Aspen Technology Inc /De/), Registration Rights Agreement (Aspen Technology Inc /De/)
Indemnification by Selling Stockholders. In connection with any registration statement in which a Stockholder is participatingEach selling Stockholder, each such Stockholder agrees, to the fullest extent permitted by law, agrees to severally but and not jointly, indemnify and hold harmless harmless, to the full extent permitted by law, the Company, its Affiliates and their respective directors, officers, directors, employees and agents representatives and each Person, if any, Person who controls the Company or such other indemnified person (within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act) from and against any losses, claims, damages or liabilities and all Losses expenses caused by, resulting from or relating to by any untrue statement (or alleged untrue statement) of a material fact contained in any registration statement, prospectus, preliminary prospectus or free-writing prospectus (as defined in Rule 405 under the Securities Act) relating to the Registrable Securities (in each case, as amended or supplemented if the Company shall have furnished any amendments or supplements thereto), statement or any omission (or alleged omission) to state therein a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, therein not misleading, to the extent, but only to the extent extent, that such untrue statement or omission or alleged untrue statement or omission is caused by and contained in any information or affidavit so furnished in writing by such selling Stockholder to the Company for inclusion in such registration statement, prospectus or preliminary prospectus and has not been corrected in a subsequent writing prior to or concurrently with the sale of the securities to the Person asserting such loss, claim, damage, liability or expense. In no event shall the maximum aggregate liability of any selling Stockholder hereunder be greater in amount than the dollar amount of the proceeds received by such selling Stockholder upon the sale of the securities giving rise to such indemnification obligation (net of any selling expenses paid by such selling Stockholder). The Company and the selling Stockholders shall be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating in the distribution, to the same extent as provided above with respect to information so furnished in writing by such Stockholder Persons for inclusion in any prospectus or on such Stockholder’s behalf expressly for use therein. Notwithstanding the foregoing, no Stockholder shall be liable under this Section 4.02 for any Losses in excess of the net proceeds realized by such Stockholder in the sale of Registrable Securities of such Stockholder giving rise to such indemnification obligationregistration statement.
Appears in 2 contracts
Samples: Stockholders Agreement (Fresh Market Holdings, Inc.), Stockholders Agreement (Fresh Market Holdings, Inc.)
Indemnification by Selling Stockholders. In connection with any registration statement in which a Each Selling Stockholder is participatingshall, each such Stockholder agrees, to the fullest extent permitted by law, to severally but and not jointly, indemnify and hold harmless the Company, its Affiliates and their respective directors, officers, directors, employees and agents and each Personemployees, if anyto the fullest extent permitted by applicable law, who controls from and against all Losses, as incurred, arising solely out of or based solely upon: (x) such Selling Stockholder’s failure to comply with the Company or such other indemnified person (within the meaning of either Section 15 prospectus delivery requirements of the Securities Act or Section 20 of the Exchange Act(y) from and against any and all Losses caused by, resulting from or relating to any untrue statement (or alleged untrue statement) of a material fact contained in any registration statementRegistration Statement, prospectus, preliminary prospectus or free-writing prospectus (as defined in Rule 405 under the Securities Act) relating to the Registrable Securities (in each case, as amended or supplemented if the Company shall have furnished any amendments or supplements thereto)Prospectus, or any form of prospectus, or in any amendment or supplement thereto, or arising solely out of or based solely upon any omission (or alleged omission) to state of a material fact required to be stated therein or necessary to make the statements therein, in light of therein not misleading to the circumstances under which they were made, not misleadingextent, but only to the extent that, (1) such untrue statements or omissions are based solely upon information regarding such Selling Stockholder furnished in writing to the Company by such Selling Stockholder expressly for use therein, or to the extent that such untrue statement information relates to such Selling Stockholder or omission or alleged untrue statement or omission is caused by such Selling Stockholder’s proposed method of distribution of Registrable Securities and contained in information so furnished was reviewed and expressly approved in writing by such Selling Stockholder or on such Stockholder’s behalf expressly for use thereinin the Registration Statement (it being understood that each Selling Stockholder has approved Annex A hereto for this purpose), such Prospectus or such form of Prospectus or in any amendment or supplement thereto or (2) in the case of an occurrence of an event of the type specified in Section 3(c), the use by such Selling Stockholder of an outdated or defective Prospectus after the Company has notified such Selling Stockholder in writing that the Prospectus is outdated or defective and prior to the receipt by such Selling Stockholder of an Advice or an amended or supplemented Prospectus, but only if and to the extent that following the receipt of the Advice or the amended or supplemented Prospectus the misstatement or omission giving rise to such Loss would have been corrected. Notwithstanding In no event shall the foregoing, no aggregate liability of any Selling Stockholder shall be liable under this Section 4.02 for any Losses greater in excess amount than the dollar amount of the net proceeds realized received by such Selling Stockholder in upon the sale of the Registrable Securities of such Stockholder giving rise to such indemnification obligation.
Appears in 2 contracts
Samples: Registration Rights Agreement (Lime Energy Co.), Registration Rights Agreement (Lime Energy Co.)
Indemnification by Selling Stockholders. In connection with any registration statement Registration Statement in which a Stockholder is participating, each such Selling Stockholder agreesshall furnish to the Corporation in writing, in addition to any other information required to be provided hereby, such information and affidavits as the Corporation reasonably requests for use in connection with any Registration Statement or prospectus and agrees severally and not jointly to indemnify, to the fullest full extent permitted by law, to severally but not jointly, indemnify and hold harmless the CompanyCorporation, its Affiliates directors and their respective officers, directors, employees and agents and each Person, if any, Person who controls the Company or such other indemnified person Corporation (within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act) from and against any losses, claims, damages, liabilities, and all Losses expenses caused by, resulting from or relating to by any untrue statement (or alleged untrue statement) statement of a material fact contained in any registration statement, prospectus, preliminary prospectus or free-writing prospectus (as defined in Rule 405 under the Securities Act) relating to the Registrable Securities (in each case, as amended or supplemented if the Company shall have furnished any amendments or supplements thereto), or any omission (or alleged omission) to state omission of a material fact required to be stated therein in any Registration Statement or prospectus or preliminary prospectus or necessary to make the statements thereintherein (in the case of a prospectus, in the light of the circumstances under which they were made, ) not misleading, to the extent, but only to the extent extent, that such untrue statement or omission or alleged untrue statement or omission is caused by and contained in any information or affidavit so furnished in writing by such holder to the Corporation specifically for inclusion in such Registration Statement or prospectus; PROVIDED, HOWEVER, that under no circumstances shall any Selling Stockholder or on such Stockholder’s behalf expressly for use therein. Notwithstanding the foregoing, no Stockholder shall be liable under this Section 4.02 for or be required to indemnify any Losses underwriter or controlling person thereof or to contribute to the amounts paid by any underwriter or controlling person hereof any amount in excess of the net proceeds realized product of the number of shares, if any, sold by such Selling Stockholder times the price per share paid to him pursuant to such offering, net of all costs and expenses (including underwriting commissions and disbursements) paid or incurred by such Selling Stockholder in connection with the sale of Registrable Securities of such Stockholder giving rise to such indemnification obligationregistration and sale.
Appears in 1 contract
Indemnification by Selling Stockholders. In connection with any registration statement in which a Each Selling Stockholder is participatingshall, each such Stockholder agrees, to the fullest extent permitted by law, to severally but and not jointly, indemnify and hold harmless the Company, its Affiliates and their respective officers, directors, agents, investment and legal advisors, partners, members and employees and agents and each Person, if any, Person who controls the Company Company, to the fullest extent permitted by applicable Laws, from and against all Losses, as incurred, arising solely out of or based solely upon: (x) such other indemnified person (within Selling Stockholder’s failure to comply with the meaning of either Section 15 prospectus delivery requirements of the Securities Act or Section 20 of the Exchange Act, (y) from and against any and all Losses caused by, resulting from or relating to any untrue statement (or alleged untrue statement) statement of a material fact contained in any registration statementRegistration Statement, prospectus, preliminary prospectus or free-writing prospectus (as defined in Rule 405 under the Securities Act) relating to the Registrable Securities (in each case, as amended or supplemented if the Company shall have furnished any amendments or supplements thereto)Prospectus, or any form of prospectus, or in any amendment or supplement thereto, or arising solely out of or based solely upon any omission (or alleged omission) to state omission of a material fact required to be stated therein or necessary to make the statements therein, in light of therein not misleading to the circumstances under which they were made, not misleadingextent, but only to the extent that such untrue statement statements or omission or alleged untrue statement or omission is caused by and contained in omissions are based solely upon information so regarding such Selling Stockholder furnished in writing to the Company by such Selling Stockholder or on such Stockholder’s behalf expressly for use thereintherein or (z) in the case of an occurrence of an event of the type specified in Section 3(c), the use by such Selling Stockholder of an outdated or defective Prospectus after the Company has notified such Selling Stockholder in writing that the Prospectus is outdated or defective and prior to the receipt by such Selling Stockholder of an Advice or an amended or supplemented Prospectus but only if and to the extent that following the receipt of the Advice or the amended or supplemented Prospectus the misstatement or omission giving rise to such Loss would have been corrected. Notwithstanding In no event shall the foregoing, no aggregate liability of any Selling Stockholder shall be liable under this Section 4.02 for any Losses greater in excess amount than the dollar amount of the net proceeds realized received by such Selling Stockholder in upon the sale of the Registrable Securities of such Stockholder giving rise to such indemnification obligation.
Appears in 1 contract
Samples: Registration Rights Agreement (Motorcar Parts of America Inc)
Indemnification by Selling Stockholders. In connection with any registration statement in which a Each Selling Stockholder is participating, each such Stockholder agrees, to the fullest extent permitted by law, to severally but not jointly, indemnify shall Indemnify and hold harmless the CompanyPurchaser, each of its Affiliates and their respective officers, directors, employees and agents and each Personof its officers who has signed a Registration Statement, each person, if any, who controls the Company or such other indemnified person (Purchaser within the meaning of either Section 15 of the Securities Act, from and against any claims, liabilities, damages or losses the Purchaser or any such director, officer, or controlling person incurs, under the Securities Act or Section 20 of the Exchange Actotherwise, insofar as such claims, liabilities, damages or losses (or actions in respect thereof) from and against any and all Losses are caused by, resulting from or relating to by any untrue statement (or alleged untrue statement) of a any material fact contained in any registration statement, prospectus, preliminary prospectus (if used prior to the effective date of the Registration Statement) or free-writing prospectus (as defined contained on the effective date thereof, in Rule 405 any Registration Statement under which Registrable Securities were registered under the Securities Act) relating to , the Registrable Securities (in each case, as amended or supplemented if the Company shall have furnished any amendments or supplements thereto)prospectus contained therein, or any amendment or supplement thereto, or arising out of or based upon the omission (or alleged omission) to state therein a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, therein not misleading; in each case to the extent, but only to the extent extent, that such untrue statement or omission or alleged untrue statement or omission is caused was made in reliance upon and in conformity with information furnished to the Purchaser by and contained in information so furnished such Selling Stockholder in writing by such Stockholder or on such Stockholder’s behalf expressly for use therein. Notwithstanding inclusion in any of the foregoingforegoing documents, no and such Selling Stockholder shall be liable under this Section 4.02 reimburse the Purchaser and any such officer, director or controlling person for any Losses legal or other expenses reasonably incurred by the Purchaser or any such director, officer or controlling person in excess of the net proceeds realized by connection with investigating or defending any such Stockholder in the sale of Registrable Securities of such Stockholder giving rise to such indemnification obligationclaim, liability, damage, loss or action.
Appears in 1 contract
Indemnification by Selling Stockholders. In connection with any registration statement in which a Stockholder is participating, each such Stockholder Each of the Selling Stockholders agrees, to the fullest extent permitted by law, to severally but and not jointly, to indemnify and hold harmless the Company, its Affiliates and their respective officers, directors, employees and agents each Underwriter and each Personperson, if any, who controls the Company or such other indemnified person (any Underwriter within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange ActAct to the same extent as the indemnity from the Company to each Underwriter set forth in Section 6(a) from and against any and all Losses caused by, resulting from or hereof (but only with respect to information relating to such Selling Stockholder contained in any Preliminary Prospectus or in the Registration Statement or the Prospectus or any amendment or supplement thereto); provided, however, that the indemnification contained in this paragraph (b) with respect to any Preliminary Prospectus shall not inure to the benefit of any Underwriter (or to the benefit of any person controlling such Underwriter) on account of any such loss, claim, damage, liability or expense arising from the sale of the Option Shares by such Underwriter to any person if a copy of the Prospectus shall not have been delivered or sent to such person within the time required by the Act and the regulations thereunder, and the untrue statement (or alleged untrue statement) statement or omission or alleged omission of a material fact contained in any registration statementsuch Preliminary Prospectus was corrected in the Prospectus, prospectus, preliminary prospectus or free-writing prospectus (as defined in Rule 405 under provided that the Securities Act) relating Company has delivered the Prospectus to the Registrable Securities (several Underwriters in requisite quantity on a timely basis to permit such delivery or sending. The foregoing indemnity agreement shall be in addition to any liability which each case, as amended or supplemented if the Company shall have furnished any amendments or supplements thereto), or any omission (or alleged omission) to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading, but only to the extent that such untrue statement or omission or alleged untrue statement or omission is caused by and contained in information so furnished in writing by such Stockholder or on such Stockholder’s behalf expressly for use therein. Notwithstanding the foregoing, no Stockholder shall be liable under this Section 4.02 for any Losses in excess of the net proceeds realized by such Stockholder in the sale of Registrable Securities of such Stockholder giving rise to such indemnification obligationSelling Stockholders may otherwise have.
Appears in 1 contract