Common use of Indemnification of the Company and the Guarantor Clause in Contracts

Indemnification of the Company and the Guarantor. Each Initial Purchaser agrees, severally and not jointly, to indemnify and hold harmless the Company, the Guarantor, each of their respective affiliates, directors and officers and each person, if any, who controls the Company or the Guarantor within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities (including, without limitation, reasonable legal fees and other expenses incurred in connection with any suit, ,action or proceeding or any claim asserted, as such fees and expenses are incurred) that arise out of, or are based upon, any untrue statement or omission or alleged untrue statement or omission made in reliance upon and in conformity with any information relating to such Initial Purchaser furnished to the Company in writing by such Initial Purchaser through the Representatives expressly for use in the Preliminary Offering Memorandum, any of the other Time of Sale Information or the Offering Memorandum (or any amendment or supplement thereto), it being understood and agreed that the only such information consists of the following: (i) the seventh paragraph in the section “Plan of distribution” of the Preliminary Offering Memorandum, the fifth and sixth sentences in the eighth paragraph of that section and the tenth paragraph of that section and (ii) the seventh paragraph in the section “Plan of distribution” of the Offering Memorandum, the fifth and sixth sentences in the eighth paragraph of that section, the tenth paragraph and the last paragraph of that section.

Indemnification of the Company and the Guarantor. Each Initial Purchaser Underwriter agrees, severally and not jointly, to indemnify and hold harmless the Company, Company and the Guarantor, each of their respective affiliatesdirectors, directors and officers who signed the Registration Statement, and each person, if any, who controls the Company or the Guarantor within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities (including, without limitation, reasonable legal fees and other expenses incurred in connection with any suit, ,action or proceeding or any claim asserted, as such fees and expenses are incurred) that arise out of, or are based upon, any untrue statement or omission or alleged untrue statement or omission made in reliance upon and in conformity with any information relating to such Initial Purchaser Underwriter furnished to the Company in writing by such Initial Purchaser Underwriter through the Representatives expressly for use in the Preliminary Offering MemorandumRegistration Statement, any of Preliminary Prospectus, the other Time of Sale Information or the Offering Memorandum Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus or any Pricing Disclosure Package, it being understood and agreed upon that the only such information furnished by any Underwriter consists of the followingfollowing information in the Prospectus furnished on behalf of each Underwriter: (i) the concession figure appearing in the second paragraph under the caption “Underwriting” and the information in the seventh paragraph in the section “Plan of distribution” of the Preliminary Offering Memorandumparagraph, the fifth and sixth sentences in second sentence of the eighth paragraph of that section and the tenth twelfth paragraph of that section and (ii) under the seventh paragraph in the section caption “Plan of distribution” of the Offering Memorandum, the fifth and sixth sentences in the eighth paragraph of that section, the tenth paragraph and the last paragraph of that sectionUnderwriting”.

Indemnification of the Company and the Guarantor. Each Initial Purchaser Underwriter agrees, severally and not jointly, to indemnify and hold harmless the Company, Company and the Guarantor, each of their respective affiliatesdirectors, directors and officers who signed the Registration Statement, and each person, if any, who controls the Company or the Guarantor within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities (including, without limitation, reasonable legal fees and other expenses incurred in connection with any suit, ,action or proceeding or any claim asserted, as such fees and expenses are incurred) that arise out of, or are based upon, any untrue statement or omission or alleged untrue statement or omission made in reliance upon and in conformity with any information relating to such Initial Purchaser Underwriter furnished to the Company in writing by such Initial Purchaser Underwriter through the Representatives expressly for use in the Preliminary Offering MemorandumRegistration Statement, any of Preliminary Prospectus, the other Time of Sale Information or the Offering Memorandum Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus or any Pricing Disclosure Package, it being understood and agreed upon that the only such information furnished by any Underwriter consists of the followingfollowing information in the Prospectus furnished on behalf of each Underwriter: (i) the concession figure appearing in the second paragraph under the caption “Underwriting” and the information in the sixth and the second sentence of the seventh paragraph in under the section caption “Plan of distribution” of the Preliminary Offering Memorandum, the fifth and sixth sentences in the eighth paragraph of that section and the tenth paragraph of that section and (ii) the seventh paragraph in the section “Plan of distribution” of the Offering Memorandum, the fifth and sixth sentences in the eighth paragraph of that section, the tenth paragraph and the last paragraph of that sectionUnderwriting”.

Indemnification of the Company and the Guarantor. Each Initial Purchaser Underwriter agrees, severally and not jointly, to indemnify and hold harmless the Company, Company and the Guarantor, each of their respective affiliatesdirectors, directors and officers who signed the Registration Statement, and each person, if any, who controls the Company or the Guarantor within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities (including, without limitation, reasonable legal fees and other expenses incurred in connection with any suit, ,action or proceeding or any claim asserted, as such fees and expenses are incurred) that arise out of, or are based upon, any untrue statement or omission or alleged untrue statement or omission made in reliance upon and in conformity with any information relating to such Initial Purchaser Underwriter furnished to the Company in writing by such Initial Purchaser Underwriter through the Representatives expressly for use in the Preliminary Offering MemorandumRegistration Statement, any of Preliminary Prospectus, the other Time of Sale Information or the Offering Memorandum Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus or any Pricing Disclosure Package, it being understood and agreed upon that the only such information furnished by any Underwriter consists of the following: (i) the seventh paragraph following information in the section “Plan Prospectus furnished on behalf of distribution” of each Underwriter: the Preliminary Offering Memorandum, the fifth and sixth sentences concession figure appearing in the eighth third paragraph of that section under the caption “Underwriting” and the tenth paragraph of that section and (ii) the seventh paragraph information contained in the section ninth and tenth paragraphs under the caption “Plan of distribution” of the Offering Memorandum, the fifth and sixth sentences in the eighth paragraph of that section, the tenth paragraph and the last paragraph of that sectionUnderwriting”.

Indemnification of the Company and the Guarantor. Each Initial Purchaser Underwriter agrees, severally and not jointly, to indemnify and hold harmless the Company, Company and the Guarantor, each of their respective affiliatesdirectors, directors and officers who signed the Registration Statement, and each person, if any, who controls the Company or the Guarantor within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities (including, without limitation, reasonable legal fees and other expenses incurred in connection with any suit, ,action or proceeding or any claim asserted, as such fees and expenses are incurred) that arise out of, or are based upon, any untrue statement or omission or alleged untrue statement or omission made in reliance upon and in conformity with any information relating to such Initial Purchaser Underwriter furnished to the Company in writing by such Initial Purchaser Underwriter through the Representatives expressly for use in the Preliminary Offering MemorandumRegistration Statement, any of Preliminary Prospectus, the other Time of Sale Information or the Offering Memorandum Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus or any Pricing Disclosure Package, it being understood and agreed upon that the only such information furnished by any Underwriter consists of the following: (i) the seventh paragraph following information in the section Prospectus furnished on behalf of each Underwriter: the concession figure appearing in the second paragraph under the caption “Plan of distributionUnderwriting” of and the Preliminary Offering Memorandum, information contained in the fifth and sixth sentences in the eighth paragraph of that section and the tenth paragraph of that section and (ii) the seventh paragraph in the section “Plan of distribution” of the Offering Memorandum, the fifth and sixth sentences in the eighth paragraph of that section, the tenth paragraph and the last second sentence of the sixth paragraph of that sectionunder the caption “Underwriting”.

Indemnification of the Company and the Guarantor. Each Initial Purchaser Underwriter agrees, severally and not jointly, to indemnify and hold harmless the Company, Company and the Guarantor, each of their respective affiliatesdirectors, directors and officers who signed the Registration Statement, and each person, if any, who controls the Company or the Guarantor within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities (including, without limitation, reasonable legal fees and other expenses incurred in connection with any suit, ,action or proceeding or any claim asserted, as such fees and expenses are incurred) that arise out of, or are based upon, any untrue statement or omission or alleged untrue statement or omission made in reliance upon and in conformity with any information relating to such Initial Purchaser Underwriter furnished to the Company in writing by such Initial Purchaser Underwriter through the Representatives expressly for use in the Preliminary Offering MemorandumRegistration Statement, any of Preliminary Prospectus, the other Time of Sale Information or the Offering Memorandum Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus or any Pricing Disclosure Package, it being understood and agreed upon that the only such information furnished by any Underwriter consists of the followingfollowing information in the Prospectus furnished on behalf of each Underwriter: (i) the concession figure appearing in the second paragraph under the caption “Underwriting” and the information in the sixth paragraph and the second sentence of the seventh paragraph in under the section caption “Plan of distribution” of the Preliminary Offering Memorandum, the fifth and sixth sentences in the eighth paragraph of that section and the tenth paragraph of that section and (ii) the seventh paragraph in the section “Plan of distribution” of the Offering Memorandum, the fifth and sixth sentences in the eighth paragraph of that section, the tenth paragraph and the last paragraph of that sectionUnderwriting”.