Common use of Indemnification by the Holder Clause in Contracts

Indemnification by the Holder. In connection with any registration pursuant to the terms of this Section 8, the Holder will furnish to the Company in writing such information 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 the Registration Statement or prospectus and agrees, severally, but not jointly to indemnify and hold harmless, to the fullest extent permitted by law, the Company, its directors, officers, employees, stockholders and each person who controls the Company (within the meaning of the Securities Act) against any losses, claims, damages, liabilities and expense (including reasonable attorney fees) resulting from any untrue statement of a material fact or any omission of a material fact required to be stated in the Registration Statement or prospectus or preliminary prospectus or amendment or supplement thereto or necessary to make the statements therein not misleading, to the extent, but only to the extent that such untrue statement or omission is contained in any information furnished in writing by the Holder to the Company expressly for inclusion in the Registration Statement or prospectus or amendment or supplement thereto. In no event shall the aggregate liabilities of the Holder 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 Conversion Shares included in the Registration Statement giving rise to such indemnification obligation.

Indemnification by the Holder. In connection with any registration pursuant to statement in which the terms of this Section 8Holder is participating, the Holder will shall 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 the Registration Statement any registration statement or prospectus and agrees, severally, but not jointly agrees to indemnify and hold harmless, harmless to the fullest full extent permitted by law, the Company, its directors, officers, employeesagents, stockholders employees and each person Person who controls the Company (within the meaning of the Securities Act) against any losses, claims, damages, liabilities and expense (including reasonable attorney fees) resulting from 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 of or alleged omission to state therein a material fact required to be stated in the Registration Statement or prospectus or preliminary prospectus or amendment or supplement thereto therein 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 the such Holder to the Company expressly for inclusion in the Registration Statement such registration statement or prospectus or amendment or supplement theretoprospectus. In no event shall the aggregate liabilities liability of the any Holder pursuant to this Section 8(h)(ii) hereunder 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 Conversion Underlying Shares included in the Registration Statement giving rise to such indemnification obligation.

Indemnification by the Holder. In connection with any registration pursuant to the terms of this Section 8, the The Holder will furnish to the Company in writing such information 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 the Registration Statement or prospectus and agrees, severally, severally but not jointly jointly, to indemnify and hold harmless, to the fullest extent permitted by law, the Company, its directors, officers, employees, stockholders and each person who controls the Company (within the meaning of the Securities Act0000 Xxx) against any losses, claims, damages, liabilities and expense (including reasonable attorney attorneys’ fees) resulting from any untrue statement of a material fact or any omission of a material fact required to be stated in the Registration Statement or prospectus Prospectus or preliminary prospectus Prospectus or amendment or supplement thereto or necessary to make the statements therein not misleading, to the extent, but only to the extent that such untrue statement or omission is contained in any information furnished in writing by the Holder to the Company expressly specifically for inclusion in the such Registration Statement or prospectus Prospectus or amendment or supplement thereto. In no event shall the aggregate liabilities liability of the Holder 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 in connection with any claim relating to this Section 6, the amount of any damages such holder the Holder has otherwise been required to pay by reason of such untrue statement or omissionomission and any underwriting discounts and commissions) received by the Holder upon the sale of the Conversion Shares Registrable Securities included in the Registration Statement giving rise to such indemnification obligation.

Indemnification by the Holder. In connection with any registration pursuant to the terms of this Section 8Agreement, the Holder will furnish to the Company in writing such information as the Company reasonably requests concerning the Conversion Shares, the Warrant Shares and the Payment Shares Holder or the proposed manner of the Holder’s distribution for use in connection with the any Registration Statement or prospectus Prospectus and agrees, severally, severally but not jointly jointly, to indemnify and hold harmless, to the fullest extent permitted by law, the Company, its Subsidiaries and its and their respective directors, officers, employees, stockholders shareholders and each person who controls the Company (within the meaning of the Securities Act0000 Xxx) against any losses, claims, damages, liabilities and expense expenses (including reasonable attorney fees) resulting from any untrue statement of a material fact or any omission of a material fact required to be stated in the Registration Statement or prospectus or preliminary prospectus or amendment or supplement thereto or necessary to make the statements therein not misleading, to the extent, but only to the extent extent, that such untrue statement or omission is contained in any information furnished in writing by the Holder to the Company expressly specifically for inclusion in the such Registration Statement or prospectus Prospectus or amendment or supplement thereto. In no event shall the aggregate liabilities liability of the Holder pursuant to this Section 8(h)(ii) be greater in amount than the aggregate dollar amount of the proceeds (net of all expense expenses paid by the Holder and the amount of any damages such holder 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 Conversion Shares Registrable Securities included in the Registration Statement giving rise to such indemnification obligation.

Indemnification by the Holder. In connection with any registration pursuant to the terms of this Section 8, the Holder will furnish to the Company in writing such information 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 the Registration Statement or prospectus and agrees, severally, but not jointly agrees to indemnify and hold harmless, to the fullest extent permitted by law, harmless the Company, its directors, officers, employees, stockholders agents, successors and assigns, and each person who controls the Company (within the meaning of the Securities Act) against any losses, claims, damages, liabilities and expense (including reasonable attorney fees) resulting from any untrue statement or alleged untrue statement of a material fact or any omission or alleged omission of a material fact required to be stated in the Registration Statement or prospectus or preliminary prospectus Prospectus or amendment or supplement thereto or necessary to make the statements therein 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 in any information furnished in writing by the Holder to the Company expressly specifically for inclusion in the such Registration Statement or prospectus preliminary Prospectus or Prospectus or amendment or supplement thereto. In no event shall the aggregate liabilities liability of the Holder 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 in connection with any claim relating to this Section 6 and the amount of any damages such holder 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 Conversion 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 pursuant to the terms of this Section 8, the Holder will furnish to the Company in writing such information 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 the Registration Statement or prospectus and agrees, severally, but not jointly to shall indemnify and hold harmlessharmless 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 fullest extent permitted by applicable law, the Companyfrom and against all Losses, its directorsas incurred, officers, employees, stockholders and each person who controls the Company (within the meaning arising out of the Securities Act) against or based solely upon any losses, claims, damages, liabilities and expense (including reasonable attorney fees) resulting from any untrue or alleged untrue statement of a material fact contained in any Registration Statement, any Prospectus, or 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 of a material fact required to be stated in the Registration Statement or prospectus or preliminary prospectus or amendment or supplement thereto therein or necessary to make the statements therein (in the case of any Prospectus, or any form of prospectus or supplement thereto, in light of the circumstances under which they were made) not misleading, misleading to the extent, but only to the extent that that, such untrue statement statements or omission is contained in any omissions are based solely upon information regarding such Holder furnished in writing by the Holder to the Company by such Holder expressly for inclusion use therein, or to the 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 use in the Registration Statement (it being understood that the Holder has approved Annex A hereto for this purpose), such Prospectus or prospectus such form of Prospectus or in any amendment or supplement thereto. In no event shall the aggregate liabilities liability of the Holder pursuant to this Section 8(h)(ii) hereunder be greater in amount than the dollar amount of the net 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 such Holder upon the sale of the Conversion Shares included in the Registration Statement Registrable Securities giving rise to such indemnification obligation.

Indemnification by the Holder. In connection with any registration pursuant to the terms of this Section 8, the Holder will furnish to the Company in writing such information 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 the Registration Statement or prospectus and agrees, severally, but not jointly agrees to indemnify and hold harmless, to the fullest extent permitted by law, harmless the Company, its directors, officers, employees, stockholders agents, successors and assigns, and each person who controls the Company (within the meaning of the Securities Act0000 Xxx) against any losses, claims, damages, liabilities and expense (including reasonable attorney fees) resulting from any untrue statement or alleged untrue statement of a material fact or any omission or alleged omission of a material fact required to be stated in the Registration Statement or prospectus or preliminary prospectus Prospectus or amendment or supplement thereto or necessary to make the statements therein 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 in any information furnished in writing by the Holder to the Company expressly specifically for inclusion in the such Registration Statement or prospectus preliminary Prospectus or Prospectus or amendment or supplement thereto. In no event shall the aggregate liabilities liability of the Holder 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 in connection with any claim relating to this Section 6 and the amount of any damages such holder 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 Conversion 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.