Common use of Indemnification by the Holder Clause in Contracts

Indemnification by the Holder. In connection with any registration statement in which the Holder is participating, the Holder shall furnish to the Company in writing such information and affidavits as the Company reasonably requests for use in connection with any registration statement or prospectus and agrees to indemnify and hold harmless to the full extent permitted by law, the Company, its directors, officers, agents, employees and each Person who controls the Company (within the meaning of the Securities Act) against any losses, claims, damages, liabilities and expenses arising out of or based upon any untrue or alleged untrue statement of a material fact contained in the registration statement under which Underlying Shares were registered under the Securities Act, any prospectus or preliminary prospectus or in any amendment or supplement thereto or any omission or alleged omission to state therein a material fact required to be stated therein or necessary to make statements therein (in the case of the prospectus, in the light of the circumstances under which they were made) not misleading, to the extent, but only to the extent, that such untrue or alleged untrue statement or omission or alleged omission is contained or fails to be contained in any information or affidavit so furnished in writing by such Holder to the Company for inclusion in such registration statement or prospectus. In no event shall the liability of any Holder hereunder be greater in amount than the dollar amount of the proceeds received by the Holder upon the sale of the Underlying Shares giving rise to such indemnification obligation.

Indemnification by the Holder. In connection with any registration statement in which the The Holder is participatingagrees, the Holder shall furnish to the Company in writing such information and affidavits as the Company reasonably requests for use in connection with any registration statement or prospectus and agrees severally but not jointly, to indemnify and hold harmless harmless, to the full fullest extent permitted by law, the Company, its directors, officers, agentsemployees, employees stockholders and each Person person who controls the Company (within the meaning of the Securities Act0000 Xxx) against any losses, claims, damages, liabilities and expenses arising out of or based upon expense (including reasonable attorneys’ fees) resulting from any untrue or alleged untrue statement of a material fact contained in the registration statement under which Underlying Shares were registered under the Securities Act, any prospectus or preliminary prospectus or in any amendment or supplement thereto or any omission or alleged omission to state therein of a material fact required to be stated therein in the Registration Statement or Prospectus or preliminary Prospectus or amendment or supplement thereto or necessary to make the statements therein (in the case of the 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 or alleged untrue statement or omission or alleged omission is contained or fails to be contained in any information or affidavit so furnished in writing by such the Holder to the Company specifically for inclusion in such registration statement Registration Statement or prospectusProspectus or amendment or supplement thereto. In no event shall the liability of any Holder hereunder be greater in amount than the dollar amount of the proceeds (net of all expense paid by the Holder in connection with any claim relating to this Section 6, the amount of any damages the Holder has otherwise been required to pay by reason of such untrue statement or omission and any underwriting discounts and commissions) received by the Holder upon the sale of the Underlying Shares Registrable Securities included in the Registration Statement giving rise to such indemnification obligation.

Indemnification by the Holder. In connection with any registration statement in which pursuant to the Holder is participatingterms of this Section 8, the Holder shall will furnish to the Company in writing such information and affidavits as the Company reasonably requests concerning the Conversion Shares, the Warrant Shares and the Payment Shares or the proposed manner of distribution for use in connection with any registration statement the Registration Statement or prospectus and agrees agrees, severally, but not jointly to indemnify and hold harmless harmless, to the full fullest extent permitted by law, the Company, its directors, officers, agentsemployees, employees stockholders and each Person person who controls the Company (within the meaning of the Securities Act) against any losses, claims, damages, liabilities and expenses arising out of or based upon expense (including reasonable attorney fees) resulting from any untrue or alleged untrue statement of a material fact contained in the registration statement under which Underlying Shares were registered under the Securities Act, any prospectus or preliminary prospectus or in any amendment or supplement thereto or any omission or alleged omission to state therein of a material fact required to be stated therein in the Registration Statement or prospectus or preliminary prospectus or amendment or supplement thereto or necessary to make the statements therein (in the case of the 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 or alleged untrue statement or omission or alleged omission is contained or fails to be contained in any information or affidavit so furnished in writing by such the Holder to the Company expressly for inclusion in such registration statement the Registration Statement or prospectusprospectus or amendment or supplement thereto. In no event shall the liability aggregate liabilities of any the Holder hereunder pursuant to this Section 8(h)(ii) be greater in amount than the dollar amount of the proceeds (net of all expense paid by the Holder and the amount of any damages such holder has otherwise been required to pay by reason of such untrue statement or omission) received by the Holder upon the sale of the Underlying Conversion Shares included in the Registration Statement giving rise to such indemnification obligation.

Indemnification by the Holder. In connection with any registration statement in which the Holder is participating, the Holder shall furnish to the Company in writing such information and affidavits as the Company reasonably requests for use in connection with any registration statement or prospectus and agrees to indemnify and hold harmless the Company and its officers, directors, agents, partners, members, managers, shareholders, and employees, each Affiliate of the Holder and the officers, directors, partners, members, managers, shareholders, agents and employees of each such Affiliate (collectively, the “Company’s Indemnitees”), to the full fullest extent permitted by applicable law, the Companyfrom and against all Losses, its directorsas incurred, officers, agents, employees and each Person who controls the Company (within the meaning of the Securities Act) against any losses, claims, damages, liabilities and expenses arising out of or based solely upon any untrue or alleged untrue statement of a material fact contained in the registration statement under which Underlying Shares were registered under the Securities Actany Registration Statement, any prospectus Prospectus, or preliminary prospectus any form of prospectus, or in any amendment or supplement thereto or in any preliminary prospectus, or arising out of or relating to any omission or alleged omission to state therein of a material fact required to be stated therein or necessary to make the statements therein (in the case of the prospectusany Prospectus, or any form of prospectus or supplement thereto, in the light of the circumstances under which they were made) not misleading, misleading to the extent, but only to the extentextent that, that such untrue statements or alleged untrue statement or omission or alleged omission is contained or fails to be contained in any omissions are based solely upon information or affidavit so regarding such Holder furnished in writing to the Company by such Holder expressly for use therein, or to the Company extent that such information relates to such Holder or such Holder’s proposed method of distribution of Registrable Securities and was reviewed and approved by such Holder expressly for inclusion use in the Registration Statement (it being understood that the Holder has approved Annex A hereto for this purpose), such registration statement Prospectus or prospectussuch form of Prospectus or in any amendment or supplement thereto. In no event shall the liability of any Holder hereunder be greater in amount than the dollar amount of the net proceeds received by the such Holder upon the sale of the Underlying Shares Registrable Securities giving rise to such indemnification obligation.

Indemnification by the Holder. In connection with any registration statement in which the Holder is participating, the Holder shall furnish to the Company in writing such information and affidavits as the Company reasonably requests for use in connection with any registration statement or prospectus and agrees to indemnify and hold harmless to the full extent permitted by law, the Company, its directors, officers, employees, agents, employees successors and assigns, and each Person person who controls the Company (within the meaning of the Securities Act0000 Xxx) against any losses, claims, damages, liabilities and expenses arising out of or based upon expense (including reasonable attorney fees) resulting from any untrue statement or alleged untrue statement of a material fact contained in the registration statement under which Underlying Shares were registered under the Securities Act, any prospectus or preliminary prospectus or in any amendment or supplement thereto or any omission or alleged omission to state therein of a material fact required to be stated therein in the Registration Statement or Prospectus or amendment or supplement thereto or necessary to make the statements therein (in the case of the prospectus, in the light of the circumstances under which they were made) not misleading, to the extent, but only to the extent, that such untrue or alleged untrue statement or omission or alleged omission is contained or fails to be contained in any information or affidavit so furnished in writing by such the Holder to the Company specifically for inclusion in such registration statement Registration Statement or prospectuspreliminary Prospectus or Prospectus or amendment or supplement thereto. In no event shall the liability of any the Holder hereunder be greater in amount than the dollar amount of the proceeds (net of all expense paid by the Holder in connection with any claim relating to this Section 6 and the amount of any damages the Holder has otherwise been required to pay by reason of such untrue statement or omission) received by the Holder upon the sale of the Underlying Shares Registrable Securities included in the Registration Statement giving rise to such indemnification obligation. For the avoidance of doubt, the provisions of this Section 6(b) will remain in full force and effect and survive the sale by the Holder of the Registrable Securities covered by a Registration Statement.

Indemnification by the Holder. In connection with any registration statement in which the Holder is participating, the Holder shall furnish to the Company in writing such information and affidavits as the Company reasonably requests for use in connection with any registration statement or prospectus and agrees to indemnify and hold harmless to the full extent permitted by law, the Company, its directors, officers, employees, agents, employees successors and assigns, and each Person person who controls the Company (within the meaning of the Securities Act) against any losses, claims, damages, liabilities and expenses arising out of or based upon expense (including reasonable attorney fees) resulting from any untrue statement or alleged untrue statement of a material fact contained in the registration statement under which Underlying Shares were registered under the Securities Act, any prospectus or preliminary prospectus or in any amendment or supplement thereto or any omission or alleged omission to state therein of a material fact required to be stated therein in the Registration Statement or Prospectus or amendment or supplement thereto or necessary to make the statements therein (in the case of the prospectus, in the light of the circumstances under which they were made) not misleading, to the extent, but only to the extent, that such untrue or alleged untrue statement or omission or alleged omission is contained or fails to be contained in any information or affidavit so furnished in writing by such the Holder to the Company specifically for inclusion in such registration statement Registration Statement or prospectuspreliminary Prospectus or Prospectus or amendment or supplement thereto. In no event shall the liability of any the Holder hereunder be greater in amount than the dollar amount of the proceeds (net of all expense paid by the Holder in connection with any claim relating to this Section 6 and the amount of any damages the Holder has otherwise been required to pay by reason of such untrue statement or omission) received by the Holder upon the sale of the Underlying Shares Registrable Securities included in the Registration Statement giving rise to such indemnification obligation. For the avoidance of doubt, the provisions of this Section 6.2 will remain in full force and effect and survive the sale by the Holder of the Registrable Securities covered by a Registration Statement.

Indemnification by the Holder. In connection with any registration statement in which pursuant to the Holder is participatingterms of this Agreement, the Holder shall will furnish to the Company in writing such information and affidavits as the Company reasonably requests concerning the Holder or the proposed manner of the Holder’s distribution for use in connection with any registration statement Registration Statement or prospectus Prospectus and agrees agrees, severally but not jointly, to indemnify and hold harmless harmless, to the full fullest extent permitted by law, the Company, its Subsidiaries and its and their respective directors, officers, agentsemployees, employees shareholders and each Person person who controls the Company (within the meaning of the Securities Act0000 Xxx) against any losses, claims, damages, liabilities and expenses arising out of or based upon (including reasonable attorney fees) resulting from any untrue or alleged untrue statement of a material fact contained in the registration statement under which Underlying Shares were registered under the Securities Act, any prospectus or preliminary prospectus or in any amendment or supplement thereto or any omission or alleged omission to state therein of a material fact required to be stated therein in the Registration Statement or prospectus or preliminary prospectus or amendment or supplement thereto or necessary to make the statements therein (in the case of the prospectus, in the light of the circumstances under which they were made) not misleading, to the extent, but only to the extent, that such untrue or alleged untrue statement or omission or alleged omission is contained or fails to be contained in any information or affidavit so furnished in writing by such the Holder to the Company specifically for inclusion in such registration statement Registration Statement or prospectusProspectus or amendment or supplement thereto. In no event shall the liability of any the Holder hereunder be greater in amount than the aggregate dollar amount of the proceeds (net of all expenses paid by the Holder and the amount of any damages the Holder has otherwise been required to pay by reason of such untrue statement or omission) received by the Holder upon the sale of the Underlying Shares Registrable Securities included in the Registration Statement giving rise to such indemnification obligation.