Indemnification by the Distributor. The Distributor agrees to indemnify, defend and hold the Corporation, each person who has been, is, or may hereafter be an officer, director, employee or agent of the Distributor, and any person who controls the Corporation within the meaning of Section 15 of the 1933 Act, free and harmless against any loss, damage or expense reasonably incurred by any of them in connection with any claim or in connection with any action, suit, or proceeding to which any of them may be a party, which arises out of or is alleged to arise out of or is based upon a violation of any of its covenants herein contained, or any alleged untrue statements made not misleading on the part of the Distributor or any agent or employee of the Distributor or any other person for whose acts the Distributor is responsible or is alleged to be responsible (such as any selected dealer or person through whom sales are made pursuant to an agreement with the Distributor), whether made orally or in writing, unless such statement or omission was made in reliance upon written information furnished by the Corporation. The foregoing rights of indemnification shall be in addition to any other rights to which any of the foregoing indemnified parties may be entitled as a matter of law.
Appears in 4 contracts
Samples: Distribution Agreement (Transamerica Investors Inc), Distribution Agreement (Transamerica Investors Inc), Distribution Agreement (Transamerica Investors Inc)
Indemnification by the Distributor. The Distributor agrees to indemnify, defend and hold the CorporationTrust, each person who has been, is, or may hereafter be an officer, director, employee or agent of the DistributorTrust, and any person who controls the Corporation Trust within the meaning of Section 15 of the 1933 Act, free and harmless against any loss, damage or expense reasonably incurred by any of them in connection with any claim or in connection with any action, suit, or proceeding to which any of them may be a party, which arises out of or is alleged to arise out of or is based upon a violation of any of its covenants herein contained, or any alleged untrue statement of a material fact, or the alleged omission to state a material fact necessary to make the statements made not misleading misleading, on the part of the Distributor or any agent or employee of the Distributor or any other person for whose acts the Distributor is responsible or is alleged to be responsible (such as any selected dealer or person through whom sales are made pursuant to an agreement with the Distributor), whether made orally or in writing, unless such statement or omission was made in reliance upon written information furnished by the CorporationTrust. The foregoing rights of indemnification shall be in addition to any other rights to which any of the foregoing indemnified parties may be entitled as a matter of law.
Appears in 4 contracts
Samples: Distribution Agreement (Members Mutual Funds), Distribution Agreement (Members Mutual Funds), Distribution Agreement (Ultra Series Fund)
Indemnification by the Distributor. The Distributor agrees to indemnify, defend and hold the CorporationFunds, each person who has been, is, or may hereafter be an officer, director, employee or agent of the Distributor, and any person who controls the Corporation Funds within the meaning of Section 15 of the 1933 Act, free and harmless against any loss, damage or expense reasonably incurred by any of them in connection with any claim or in connection with any action, suit, or proceeding to which any of them may be a party, which arises out of or is alleged to arise out of or is based upon a violation of any of its covenants herein contained, or any alleged untrue statements made not misleading on the part of the Distributor or any agent or employee of the Distributor or any other person for whose acts the Distributor is responsible or is alleged to be responsible (such as any selected dealer or person through whom sales are made pursuant to an agreement with the Distributor), whether made orally or in writing, unless such statement or omission was made in reliance upon written information furnished by the CorporationFunds. The foregoing rights of indemnification shall be in addition to any other rights to which any of the foregoing indemnified parties may be entitled as a matter of law.
Appears in 3 contracts
Samples: Distribution Agreement (Northern Lights Fund Trust Ii), Distribution Agreement (Northern Lights Fund Trust Ii), Distribution Agreement (Northern Lights Fund Trust Ii)
Indemnification by the Distributor. The Distributor agrees to indemnify, defend and hold each Fund, the CorporationTrust, each person who has been, is, or may hereafter be an officer, director, employee or agent of the DistributorTrust, and any person who controls the Corporation a Fund within the meaning of Section 15 of the 1933 Act, free and harmless against any loss, damage or expense reasonably incurred by any of them in connection with any claim or in connection with any action, suit, or proceeding to which any of them may be a party, which arises out of or is alleged to arise out of or is based upon a violation of any of its covenants herein contained, or any alleged untrue statements made not misleading on the part of the Distributor or any agent or employee of the Distributor or any other person for whose acts the Distributor is responsible or is alleged to be responsible (such as any selected dealer or person through whom sales are made pursuant to an agreement with the Distributor), whether made orally or in writing, unless such statement or omission was made in reliance upon written information furnished by the Corporationrelevant Trust or the Fund. The foregoing rights of indemnification shall be in addition to any other rights to which any of the foregoing indemnified parties may be entitled as a matter of law.
Appears in 2 contracts
Samples: Distribution Agreement (Advisors Preferred Trust), Distribution Agreement (Advisors Preferred Trust)
Indemnification by the Distributor. The Distributor agrees to indemnify, defend and hold the Corporation, each person who has been, is, or may hereafter be an officer, director, employee or agent of the Distributor, and any person who controls the Corporation within the meaning of Section 15 of the 1933 Act, free and harmless against any loss, damage or expense reasonably incurred by any of them in connection with any claim or in connection with any action, suit, or proceeding to which any of them may be a party, which arises out of or is alleged to arise out of or is based upon a violation of any of its covenants herein contained, or any alleged untrue statement of a material fact, or the alleged omission to state a material fact necessary to make the statements made not misleading misleading, on the part of the Distributor or any agent or employee of the Distributor or any other person for whose acts the Distributor is responsible or is alleged to be responsible (such as any selected dealer or person through whom sales are made pursuant to an agreement with the Distributor), whether made orally or in writing, unless such statement or omission was made in reliance upon written information furnished by the Corporation. The foregoing rights of indemnification shall be in addition to any other rights to which any of the foregoing indemnified parties may be entitled as a matter of law.
Appears in 2 contracts
Samples: Distribution Agreement (Transamerica Investors Inc), Distribution Agreement (Transamerica Investors Inc)
Indemnification by the Distributor. The Distributor agrees to indemnify, defend and hold the CorporationCompany, each person who has been, is, or may hereafter be an officer, director, employee or agent of the DistributorCompany, and any person who controls the Corporation Company within the meaning of Section 15 of the 1933 Act, free and harmless against any loss, damage or expense reasonably incurred by any of them in connection with any claim or in connection with any action, suit, or proceeding to which any of them may be a party, which arises out of or is alleged to arise out of or is based upon a violation of any of its the Distributor's covenants herein contained, or any alleged untrue statement of a material fact, or the alleged omission to state a material fact necessary to make the statements made not misleading misleading, on the part of the Distributor or any agent or employee of the Distributor or any other person for whose acts the Distributor is responsible or is alleged to be responsible (such as any selected dealer or person through whom sales are made pursuant to an agreement with the Distributor), whether made orally or in writing, unless such statement or omission was made in reliance upon written information furnished by the CorporationCompany. The foregoing rights of indemnification shall be in addition to any other rights to which any of the foregoing indemnified parties may be entitled as a matter of law.
Appears in 2 contracts
Samples: Principal Underwriting Agreement (M Fund Inc), Principal Underwriting Agreement (M Fund Inc)
Indemnification by the Distributor. The Distributor agrees to indemnify, defend and hold the CorporationFund, each person who has been, is, or may hereafter be an officer, director, employee or agent of the Distributor, and any person who controls the Corporation Fund within the meaning of Section 15 of the 1933 Act, free and harmless against any loss, damage or expense reasonably incurred by any of them in connection with any claim or in connection with any action, suit, or proceeding to which any of them may be a party, which arises out of or is alleged to arise out of or is based upon a violation of any of its covenants herein contained, or any alleged untrue statements made not misleading on the part of the Distributor or any agent or employee of the Distributor or any other person for whose acts the Distributor is responsible or is alleged to be responsible (such as any selected dealer or person through whom sales are made pursuant to an agreement with the Distributor), whether made orally or in writing, unless such statement or omission was made in reliance upon written information furnished by the CorporationFund. The foregoing rights of indemnification shall be in addition to any other rights to which any of the foregoing indemnified parties may be entitled as a matter of law.
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Indemnification by the Distributor. The Distributor agrees to indemnify, defend and hold the CorporationCompany, each person who has been, is, or may hereafter be an officer, director, employee or agent of the DistributorCompany, and any person who controls the Corporation Company within the meaning of Section 15 of the 1933 Act, free and harmless against any loss, damage or expense reasonably incurred by any of them in connection with any claim or in connection with any action, suit, suit or proceeding to which any of them may be a party, which arises out of or is alleged to arise out of or is based upon a violation of any of its the Distributor's covenants herein contained, or any alleged untrue statement of a material fact, or the alleged omission to state a material fact necessary to make the statements made not misleading misleading, on the part of the Distributor or any nay agent or employee of the Distributor or any other person for whose acts the Distributor is responsible or is alleged to be responsible (such as any selected dealer or person through whom sales are made pursuant to an agreement with the Distributor), whether made orally or in writing, unless such statement or omission was made in reliance upon written information furnished by the CorporationCompany. The foregoing rights of indemnification shall be in addition to any other rights to which any of the foregoing indemnified parties may be entitled as a matter of law.
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Indemnification by the Distributor. The Distributor agrees to indemnify, defend and hold the Corporationeach Fund, each person who has been, is, or may hereafter be an officer, director, employee or agent of the Distributor, and any person who controls the Corporation a Fund within the meaning of Section 15 of the 1933 Act, free and harmless against any loss, damage or expense reasonably incurred by any of them in connection with any claim or in connection with any action, suit, or proceeding to which any of them may be a party, which arises out of or is alleged to arise out of or is based upon a violation of any of its covenants herein contained, or any alleged untrue statements made not misleading on the part of the Distributor or any agent or employee of the Distributor or any other person for whose acts the Distributor is responsible or is alleged to be responsible (such as any selected dealer or person through whom sales are made pursuant to an agreement with the Distributor), whether made orally or in writing, unless such statement or omission was made in reliance upon written information furnished by the Corporationrelevant Fund. The foregoing rights of indemnification shall be in addition to any other rights to which any of the foregoing indemnified parties may be entitled as a matter of law.
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