Common use of Indemnification of Company, Directors and Officers and Selling Stockholders Clause in Contracts

Indemnification of Company, Directors and Officers and Selling Stockholders. Each Underwriter severally agrees to indemnify and hold harmless the Company, its directors, each of its officers who signed the Registration Statement, and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Act, and each Selling Stockholder and each person, if any, who controls any Selling Stockholder within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Act against any and all loss, liability, claim, damage and expense described in the indemnity contained in subsection (a)(1) of this Section, as incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendment thereto), including the Rule 430A Information or any Preliminary Prospectus, any Issuer Free Writing Prospectus or the Prospectus (or any amendment or supplement thereto) in reliance upon and in conformity with written information furnished to the Company by such Underwriter through the Representatives expressly for use therein. The Company and each of the Selling Stockholders hereby acknowledge that the only information that the Underwriters have furnished to the Company and the Selling Stockholders expressly for use in the Registration Statement, any Issuer Free Writing Prospectus, any Preliminary Prospectus, or the Prospectus (or any amendment or supplement thereto) are the statements set forth in the sixth, eleventh, thirteenth, fourteenth and fifteenth paragraphs under the caption “Underwriting” in the Prospectus. The indemnity agreement set forth in this Section 6(c) shall be in addition to any liabilities that each Underwriter may otherwise have.

Indemnification of Company, Directors and Officers and Selling Stockholders. Each Underwriter Underwriter, severally agrees to and not jointly, will indemnify and hold harmless the Company, its directors, each of its officers who signed the Registration Statement, Company and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Act, and their respective officers, directors and employees, and each Selling Stockholder and each person, if any, who controls any Selling Stockholder within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Act Act, against any losses, claims, damages or liabilities to which the Company and all lossits control persons, liabilityofficers, claimdirectors or employees may become subject, damage and expense described under the 1933 Act or otherwise, insofar as such losses, claims, damages or liabilities (or actions in respect thereof) arise out of or are based upon an untrue statement or alleged untrue statement of a material fact contained in the indemnity contained Registration Statement (or any amendment thereto), including any information deemed to be a part thereof pursuant to Rule 430B, any Issuer Free Writing Prospectus (when taken together with the General Disclosure Package), the General Disclosure Package, or the Prospectus (or any amendment or supplement thereto), or arise out of or are based upon the omission or alleged omission to state therein a material fact necessary to make the statements therein not misleading in subsection (a)(1) light of this Sectionthe circumstances under which they were made, as incurredin each case to the extent, but only with respect to the extent, that such untrue statements or omissions, statement or alleged untrue statements statement or omissions, omission or alleged omission related to such Underwriter and was made in the Registration Statement (or any amendment thereto), including the any information deemed to be a part thereof pursuant to Rule 430A Information or any Preliminary Prospectus430B, any Issuer Free Writing Prospectus (when taken together with the General Disclosure Package), the General Disclosure Package, or the Prospectus (or any amendment or supplement thereto) in reliance upon and in conformity with written information furnished to the Company Underwriter Information; and will reimburse the Company, control person, officer, director or employee, or Selling Stockholder for any legal or other expenses reasonably incurred by such Underwriter through the Representatives expressly for use therein. The Company and each of the Selling Stockholders hereby acknowledge that the only information that the Underwriters have furnished to the Company and the Selling Stockholders expressly for use its control persons, officers, directors or employees, as applicable, in the Registration Statement, connection with investigating or defending any Issuer Free Writing Prospectus, any Preliminary Prospectus, such action or the Prospectus (or any amendment or supplement thereto) claim as such expenses are the statements set forth in the sixth, eleventh, thirteenth, fourteenth and fifteenth paragraphs under the caption “Underwriting” in the Prospectus. The indemnity agreement set forth in this Section 6(c) shall be in addition to any liabilities that each Underwriter may otherwise haveincurred.

Indemnification of Company, Directors and Officers and Selling Stockholders. Each Underwriter severally agrees to indemnify and hold harmless the Company, its directors, each of its officers who signed the Registration Statement, and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Act, and each Selling Stockholder and each person, if any, who controls any the Selling Stockholder within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Act against any and all loss, liability, claim, damage and expense described in the indemnity contained in subsection subsections (a)(1a) and (b) of this Section, as incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendment thereto), including the Rule 430A Information or any Preliminary ProspectusProspectus Supplement, any Issuer Free Writing Prospectus or the Prospectus (or any amendment or supplement thereto) in reliance upon and in conformity with written information furnished to the Company by such Underwriter through the Representatives expressly for use therein. The Company and each of the Selling Stockholders hereby acknowledge that the only information that the Underwriters have furnished to the Company and the Selling Stockholders Lxxxxx Brothers or Mxxxxxx Lxxxx expressly for use in the Registration StatementStatement (or any amendment thereto), any Issuer Free Writing ProspectusProspectus Supplement, any Preliminary Prospectus, or the Prospectus (or any amendment or supplement thereto), which information consists solely of the information specified in Section 6(e) are the statements set forth in the sixth, eleventh, thirteenth, fourteenth and fifteenth paragraphs under the caption “Underwriting” in the Prospectushereof. The foregoing indemnity agreement set forth in this Section 6(c) shall be is in addition to any liabilities that each liability which any Underwriter may otherwise havehave to the Company or the Selling Stockholders or any officer, employee or controlling person of the Company or the Selling Stockholders.

Indemnification of Company, Directors and Officers and Selling Stockholders. Each Underwriter severally agrees to indemnify and hold harmless the Company, its directors, each of its officers who signed the Registration Statement, and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Act, and each Selling Stockholder and each person, if any, who controls any the Selling Stockholder within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Act against any and all loss, liability, claim, damage and expense described in the indemnity contained in subsection subsections (a)(1a) and (b) of this Section, as incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendment thereto), including the Rule 430A Information or any Preliminary ProspectusProspectus Supplement, any Issuer Free Writing Prospectus or the Prospectus (or any amendment or supplement thereto) in reliance upon and in conformity with written information furnished to the Company by such Underwriter through the Representatives expressly for use therein. The Company and each of the Selling Stockholders hereby acknowledge that the only information that the Underwriters have furnished to the Company and the Selling Stockholders Xxxxxx Brothers or Xxxxxxx Xxxxx expressly for use in the Registration StatementStatement (or any amendment thereto), any Issuer Free Writing ProspectusProspectus Supplement, any Preliminary Prospectus, or the Prospectus (or any amendment or supplement thereto), which information consists solely of the information specified in Section 6(e) are the statements set forth in the sixth, eleventh, thirteenth, fourteenth and fifteenth paragraphs under the caption “Underwriting” in the Prospectushereof. The foregoing indemnity agreement set forth in this Section 6(c) shall be is in addition to any liabilities that each liability which any Underwriter may otherwise havehave to the Company or the Selling Stockholders or any officer, employee or controlling person of the Company or the Selling Stockholders.