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Common use of Indemnification of the Company and the Selling Stockholders Clause in Contracts

Indemnification of the Company and the Selling Stockholders. The Underwriter agrees to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the Underwriter furnished to the Company in writing by the Underwriter expressly for use in the Registration Statement, the 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 the Underwriter consists of the following information in the Prospectus furnished on behalf of the Underwriter: the concession figure appearing in the sixth paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information”).

Appears in 5 contracts

Samples: Underwriting Agreement (Black Knight, Inc.), Underwriting Agreement (Black Knight, Inc.), Underwriting Agreement (Black Knight, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter (including through the Underwriter Representative) expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any road show or any Pricing Disclosure Package, it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure appearing in the sixth paragraph and the information concerning stabilizing transactions, short selling sales, penalty bids and purchasing other information contained in the eleventh fourteenth and twelfth fifteenth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information.).

Appears in 4 contracts

Samples: Underwriting Agreement (CDW Corp), Underwriting Agreement (CDW Corp), Underwriting Agreement (CDW Corp)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the 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 the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: (i) the concession figure and reallowance figures appearing in the sixth third paragraph under the caption “Underwriting” and (ii) the information concerning short selling and purchasing regarding market-making contained in the eleventh twelfth and twelfth thirteenth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information).

Appears in 4 contracts

Samples: Underwriting Agreement (Cafepress Inc.), Underwriting Agreement (Cafepress Inc.), Underwriting Agreement (Cafepress Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its each Selling Stockholder, their directors, its their officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus or any Pricing Disclosure PackageTime of Sale Information, it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth fourth paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting” (collectivelyand the information concerning stabilizing transactions and other information appearing under the caption “Underwriting” in the two paragraphs beginning with the words “The underwriters have advised us that they may make short sales...” and “The underwriters have advised us that, the “Underwriter Informationpursuant to Regulation M...).

Appears in 3 contracts

Samples: Underwriting Agreement (Concho Resources Inc), Underwriting Agreement (Concho Resources Inc), Underwriting Agreement (Concho Resources Inc)

Indemnification of the Company and the Selling Stockholders. The Underwriter agrees to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the Underwriter furnished to the Company in writing by the Underwriter expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the Underwriter consists of the following information in the Prospectus furnished on behalf of the Underwriter: the concession figure appearing statements set forth in the sixth first two sentences of the third paragraph, the eighth paragraph, the ninth paragraph, the tenth paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs thirty-first paragraph under the caption “Underwriting” (collectively, in the “Underwriter Information”)Registration Statement.

Appears in 3 contracts

Samples: Underwriting Agreement (Burlington Stores, Inc.), Underwriting Agreement (Burlington Stores, Inc.), Underwriting Agreement (Burlington Stores, Inc.)

Indemnification of the Company and the Selling Stockholders. The Underwriter agrees to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders and each of their affiliates, directors, officers and each person, if any, who controls any of the Selling Stockholders 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 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 the Underwriter furnished to the Company or Holding in writing by the Underwriter expressly for use in the Registration Statement, the 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 the Underwriter consists of the following information in the Prospectus furnished on behalf of the UnderwriterProspectus: the concession figure appearing in the sixth paragraph and the information concerning stabilizing transactions, short selling sales, penalty bids and purchasing contained other information appearing in the eleventh and twelfth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information).

Appears in 3 contracts

Samples: Underwriting Agreement (Vantiv, Inc.), Underwriting Agreement (Vantiv, Inc.), Underwriting Agreement (Vantiv, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement Statement, the Selling Stockholders and each person, if any, who controls the Company or any Selling Stockholder within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (aSection 9(a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by the such Underwriter expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has been subsequently amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Registration Statement, the Prospectus (or any amendment or supplement thereto) or any Pricing Disclosure Package (including any Pricing Disclosure Package that has been subsequently amended) furnished on behalf of the each Underwriter: the concession figure appearing information contained in the sixth first paragraph and the information concerning short selling second and purchasing contained in third sentences of the eleventh and twelfth paragraphs second paragraph under the caption “Underwriting” (collectively, the “Underwriter Information—Price stabilization and short positions.).

Appears in 3 contracts

Samples: Underwriting Agreement (Michaels Companies, Inc.), Underwriting Agreement (Michaels Companies, Inc.), Underwriting Agreement (Michaels Companies, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Preliminary Prospectus, any Issuer Free Writing Prospectus Prospectus, any Written Testing-the-Waters Communication, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure appearing in the sixth paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting”, (collectivelyi) the sentences related to concession and reallowance in the third paragraph and (ii) the thirteenth, the “Underwriter Information”)fourteenth and fifteenth paragraphs.

Appears in 3 contracts

Samples: Underwriting Agreement (Silk Road Medical Inc), Underwriting Agreement (Silk Road Medical Inc), Underwriting Agreement (Silk Road Medical Inc)

Indemnification of the Company and the Selling Stockholders. The Underwriter agrees to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the Underwriter furnished to the Company in writing by the Underwriter expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any road show or any Pricing Disclosure Package, it being understood and agreed upon that the only such information furnished by the Underwriter consists of the following information in the Prospectus furnished on behalf of the UnderwriterProspectus: the concession figure appearing in the sixth paragraph and the information concerning stabilizing transactions, short selling sales, penalty bids and purchasing other information contained in the eleventh fourteenth and twelfth fifteenth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information.).

Appears in 3 contracts

Samples: Underwriting Agreement (CDW Corp), Underwriting Agreement (CDW Corp), Underwriting Agreement (CDW Corp)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act Act, and each of the Selling Stockholders and each person, if any, who controls any such Selling Stockholder 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 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the 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 the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth third paragraph under the caption “Underwriting” and the information concerning short selling and purchasing regarding market making contained in the eleventh twelfth and twelfth thirteenth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information).

Appears in 2 contracts

Samples: Underwriting Agreement (Vocera Communications, Inc.), Underwriting Agreement (Vocera Communications, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any Written Testing-the-Waters Communication, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Registration Statement, the Pricing Disclosure Package and the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth [•] paragraphs under the caption “Underwriting” (collectively, the information contained in the [•] paragraphs under the caption Underwriter InformationUnderwriting).

Appears in 2 contracts

Samples: Underwriting Agreement (Trean Insurance Group, Inc.), Underwriting Agreement (Trean Insurance Group, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the 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 the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth third paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting” and the information contained in the thirteenth paragraph (collectively, stabilization) under the caption Underwriter InformationUnderwriting).

Appears in 2 contracts

Samples: Underwriting Agreement (ReachLocal Inc), Underwriting Agreement (ReachLocal Inc)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus or any Pricing Disclosure PackageTime of Sale Information, it being understood and agreed upon that the only such information furnished by the Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth third paragraph under the caption "Underwriting", and the information concerning short selling and purchasing contained in the eleventh seventh, twelfth and twelfth thirteenth paragraphs under the caption "Underwriting” (collectively, the “Underwriter Information”)".

Appears in 2 contracts

Samples: Underwriting Agreement (PROS Holdings, Inc.), Underwriting Agreement (PROS Holdings, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Preliminary Prospectus, any Issuer Free Writing Prospectus Prospectus, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Preliminary Prospectus and the Prospectus furnished on behalf of the each Underwriter: (i) the concession figure and reallowance figures appearing in the sixth first sentence of the third paragraph and under the caption “Underwriting (Conflicts of Interest)”, (ii) the information concerning short selling in the third paragraph under the caption “Underwriting (Conflicts of Interest)” relating to sales to discretionary accounts and purchasing (iii) the information contained in the eleventh twelfth, thirteenth and twelfth fourteenth paragraphs under the caption “UnderwritingUnderwriting (Conflicts of Interest)(collectively, the “Underwriter Information”)relating to stabilization transactions.

Appears in 2 contracts

Samples: Underwriting Agreement (StandardAero, Inc.), Underwriting Agreement (StandardAero, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Registration Statement and the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth third paragraph under the caption “Underwriting,” and the information concerning short selling and purchasing contained in the eleventh fifteenth and twelfth sixteenth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information).

Appears in 2 contracts

Samples: Underwriting Agreement (Kinsale Capital Group, Inc.), Underwriting Agreement (Kinsale Capital Group, Inc.)

Indemnification of the Company and the Selling Stockholders. The Underwriter agrees to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders Stockholders, its affiliates, directors and officers and each person, if any, who controls such Selling Stockholder 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 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 the Underwriter furnished to the Company in writing by the Underwriter expressly for use in the Registration Statement, the 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 the Underwriter consists of the following information in the Prospectus furnished on behalf of the Underwriter: the concession figure appearing in the sixth fifth paragraph and under the caption “Underwriting”, the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs tenth paragraph under the caption “Underwriting” (collectively, and the last sentence in the eleventh paragraph under the caption Underwriter InformationUnderwriting).

Appears in 2 contracts

Samples: Underwriting Agreement (Sirona Dental Systems, Inc.), Underwriting Agreement (Sirona Dental Systems, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders and each person, if any, who controls any Selling Stockholder 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 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any Written Testing-the-Waters Communication, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information under the caption “Underwriting” in the Prospectus furnished on behalf of the each Underwriter: the concession figure figures appearing in the sixth paragraph third paragraph, the information concerning stabilizing transactions, short sales and other information appearing in the twelfth paragraph, and the information concerning short selling penalty bids and purchasing contained other information in the eleventh and twelfth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information”)thirteenth paragraph.

Appears in 2 contracts

Samples: Underwriting Agreement (Q2 Holdings, Inc.), Underwriting Agreement (Q2 Holdings, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth paragraph and third paragraph, the information concerning short selling and purchasing contained in the eleventh last sentence of the third paragraph, the information contained in the thirteenth, fourteenth and twelfth paragraphs fifteenth paragraph under the caption “Underwriting” Underwriting (collectively, the “Underwriter Information”conflicts of interest).

Appears in 2 contracts

Samples: Underwriting Agreement (Forum Energy Technologies, Inc.), Underwriting Agreement (Forum Energy Technologies, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus or any Pricing Disclosure PackageTime of Sale Information, it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth fifth paragraph and under the caption “Underwriting”, the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information).

Appears in 2 contracts

Samples: Underwriting Agreement (American Reprographics CO), Underwriting Agreement (American Reprographics CO)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the 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 the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth fifth sentence of the second paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting” and the information contained in the eighth paragraph (collectivelyprice stabilization, short positions and penalty bids) under the caption Underwriter InformationUnderwriting).

Appears in 2 contracts

Samples: Underwriting Agreement (RealD Inc.), Underwriting Agreement (RealD Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by or on behalf of such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any Written Testing-the-Waters Communication, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the or on behalf of any Underwriter consists of the following information in the Prospectus furnished by or on behalf of the each Underwriter: the concession figure appearing in the sixth paragraph third, twelfth, thirteen and the information concerning short selling and purchasing contained in the eleventh and twelfth fourteenth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information).

Appears in 2 contracts

Samples: Underwriting Agreement (Commercial Credit, Inc.), Underwriting Agreement (Commercial Credit, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus or any Pricing Disclosure PackageTime of Sale Information, it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth third paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting,(collectivelythe information contained in the paragraph describing passive market making under the caption “Underwriting”, [and the following information in the Prospectus furnished on behalf of [insert name of Underwriter][delete bracketed clause if no material relationship is described under the caption Underwriter InformationUnderwriting)].

Appears in 2 contracts

Samples: Underwriting Agreement (SolarWinds, Inc.), Underwriting Agreement (SolarWinds, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders and each person, if any, who controls such Selling Stockholder 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 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any road show, or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure names of the Underwriters appearing on the front and back cover pages of the Prospectus, the names of the Underwriters set forth in the sixth table of Underwriters in the first paragraph of text under the caption “Underwriting” and the third paragraph, seventh paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth through fourteenth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information).

Appears in 2 contracts

Samples: Underwriting Agreement (La Quinta Holdings Inc.), Underwriting Agreement (La Quinta Holdings Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any Written Testing-the-Waters Communication, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth third paragraph in the section titled “Underwriting” and the information concerning short selling and purchasing contained in the eleventh paragraph, twelfth paragraph and twelfth paragraphs under the caption second and third sentences of the thirteenth paragraph in the section titled “Underwriting” (collectively, the “Underwriter Information.).

Appears in 2 contracts

Samples: Underwriting Agreement (Ollie's Bargain Outlet Holdings, Inc.), Underwriting Agreement (Ollie's Bargain Outlet Holdings, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders 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, legal fees and other expenses reasonably 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Preliminary Prospectus, any Issuer Free Writing Prospectus Prospectus, any Written Testing-the-Waters Communication, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure appearing in the sixth paragraph and the information concerning short selling and purchasing contained in the eleventh fifth, tenth and twelfth fourteenth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information).

Appears in 2 contracts

Samples: Underwriting Agreement (Gulfport Energy Corp), Underwriting Agreement (Silver Point Capital L.P.)

Indemnification of the Company and the Selling Stockholders. The Underwriter agrees agrees, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the Underwriter furnished to the Company in writing by the Underwriter expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Written Communication or any Pricing Disclosure PackageTime of Sale Information, it being understood and agreed upon that the only such information furnished by the Underwriter consists of the following information in the Prospectus furnished on behalf of the Underwriter: the concession figure appearing in last sentence on the sixth paragraph and cover page of the information concerning short selling and purchasing contained in Prospectus relating to the eleventh and twelfth paragraphs under delivery of the caption “Underwriting” (collectively, the “Underwriter Information”)Shares.

Appears in 2 contracts

Samples: Underwriting Agreement (Polypore International, Inc.), Underwriting Agreement (Polypore International, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its affiliates, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus, any Non-Prospectus Road Show or any Pricing Disclosure Package, it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the language regarding discretionary accounts under “Underwriting”, the concession figure and reallowance figures appearing in the sixth paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting” (collectively, the information contained in the paragraph under the caption Underwriter InformationUnderwriting), the following information in the Prospectus furnished on behalf of the Underwriters: and the following information in the Issuer Free Writing Prospectus dated , 2009: .

Appears in 1 contract

Samples: Underwriting Agreement (Vs Holdings, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, Statement and the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus ) or any Pricing Disclosure PackagePreliminary Prospectus, it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth third paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting” (collectively, and the information relating to stabilization in paragraphs 13 through 15 under the caption Underwriter InformationUnderwriting).

Appears in 1 contract

Samples: Underwriting Agreement (Oklahoma Publishing Co Voting Trust)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders and each person, if any, who controls a Selling Stockholder 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 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representative expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth third paragraph and under the caption “Underwriting”, the information concerning short selling and purchasing contained in the eleventh seventh, thirteenth and twelfth fourteenth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information).

Appears in 1 contract

Samples: Underwriting Agreement (Stewart & Stevenson LLC)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any road show, or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure names of the Underwriters appearing on the front and back cover pages of the Prospectus, the names of the Underwriters set forth in the sixth table of Underwriters in the first paragraph of text under the caption “Underwriting” and the third paragraph, seventh paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth through fourteenth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information).

Appears in 1 contract

Samples: Underwriting Agreement (La Quinta Holdings Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representative expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any Written Testing-the-Waters Communication, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth third paragraph and under the caption “Underwriting”, the information concerning short selling and purchasing with respect to stabilization contained in the eleventh [thirteenth and twelfth fourteenth] paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information).

Appears in 1 contract

Samples: Underwriting Agreement (Inogen Inc)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Preliminary Prospectus, any Issuer Free Writing Prospectus Prospectus, any Written Testing-the-Waters Communication, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth third paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting” (collectively, and the information contained in the thirteenth paragraph under the caption Underwriter InformationUnderwriting).

Appears in 1 contract

Samples: Underwriting Agreement (Amyris, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any Written Testing-the-Waters Communication, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the marketing names of the Underwriters set forth on the cover page; the legal names of the Underwriters and their respective participation in the sale of the Underwritten Shares in the table set forth in the first paragraph under the caption “Underwriting”; the concession figure and reallowance figures appearing in the sixth [third] paragraph under the caption “Underwriting”; and the information concerning short selling and purchasing contained in the eleventh [seventh, twelfth, thirteenth and twelfth fourteenth] paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information).

Appears in 1 contract

Samples: Underwriting Agreement (ASC Acquisition LLC)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement Statement, each of the Selling Stockholders and each person, if any, who controls the Company and each of the Selling Stockholders within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Preliminary Prospectus, any Issuer Free Writing Prospectus Prospectus, any Written Testing-the-Waters Communication, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure appearing in the sixth paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information”)[ ● ].

Appears in 1 contract

Samples: Underwriting Agreement (Duckhorn Portfolio, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the 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 the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth [third] paragraph under the caption "Underwriting" and the information concerning short selling and purchasing regarding market-making contained in the eleventh [twelfth and twelfth thirteenth] paragraphs under the caption "Underwriting” (collectively, the “Underwriter Information”)".

Appears in 1 contract

Samples: Underwriting Agreement (Epocrates Inc)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act Act, and each of the Selling Stockholders Stockholder to the same extent as the indemnity set forth in paragraph (a) and (b) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure appearing in marketing names of the sixth paragraph Underwriters set forth on such cover page, and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting;(collectivelythe legal names of the Underwriters, the “Underwriter Information”)concession amount appearing in the fourth paragraph, the statements regarding electronic distribution in the eighteenth paragraph, the information regarding stabilizing transactions contained in the nineteenth, twentieth and twenty-first paragraphs.

Appears in 1 contract

Samples: Underwriting Agreement (TPG Specialty Lending, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representative expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus or any Pricing Disclosure PackageTime of Sale Information (including any Time of Sale Information that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth third paragraph under the caption "Underwriting", and the information concerning short selling and purchasing contained in the eleventh seventh, twelfth and twelfth thirteenth paragraphs under the caption "Underwriting” (collectively, the “Underwriter Information”)".

Appears in 1 contract

Samples: Underwriting Agreement (Divx Inc)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representative expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth third paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting” (collectively, the information regarding internet distribution contained in the seventh paragraph under the caption Underwriter InformationUnderwriting), and the information contained in the twelfth and thirteenth paragraphs (each relating to stabilizing transactions) under the caption “Underwriting”.

Appears in 1 contract

Samples: Underwriting Agreement (Spark Therapeutics, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representative expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any Written Testing-the-Waters Communication, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure appearing information contained in the sixth second sentence of the eleventh paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs paragraph under the caption “Underwriting” (collectively, the “Underwriter Information).

Appears in 1 contract

Samples: Underwriting Agreement (Healthequity Inc)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by the such Underwriter expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure appearing information contained in the sixth third paragraph, first, second and third sentences of the tenth paragraph, eleventh paragraph and the information concerning short selling second and purchasing contained in third sentences of the eleventh and twelfth paragraphs paragraph under the caption “Underwriting” (collectively, the “Underwriter Information).

Appears in 1 contract

Samples: Underwriting Agreement (Howard Hughes Corp)

Indemnification of the Company and the Selling Stockholders. The Underwriter agrees to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement Statement, the Selling Stockholders and each person, if any, who controls the Company or any of the Selling Stockholders within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the Underwriter furnished to the Company in writing by the Underwriter such expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus or any the Pricing Disclosure Package, it being understood and agreed upon that the only such information furnished by the Underwriter consists of the following information in the Prospectus furnished on behalf of the Underwriterfollowing: the concession figure appearing in the sixth paragraph and the information concerning short selling and purchasing contained in the third, fourth, tenth, eleventh and twelfth paragraphs found under the caption heading “Underwriting” (collectivelyin the Pricing Disclosure Package and the third, tenth, eleventh and twelfth paragraphs found under the heading Underwriter Information”)Underwriting” in the Prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (Generac Holdings Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth third paragraph and the information concerning short selling and purchasing contained in the eleventh seventh paragraph, the fourteenth paragraph, the fifteenth paragraph, the last sentence of the third paragraph and twelfth paragraphs the last two sentences of the sixteenth paragraph under the caption “Underwriting” (collectively, the “Underwriter Information).

Appears in 1 contract

Samples: Underwriting Agreement (Trulia, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its each Selling Stockholder, their directors, its their officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus or any Pricing Disclosure PackageTime of Sale Information, it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth fourth paragraph under the caption “Underwriting” and the information concerning short selling and purchasing contained in the eleventh seventh and twelfth eighth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information.).

Appears in 1 contract

Samples: Underwriting Agreement (Concho Resources Inc)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by the such Underwriter expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure appearing and reallowance amounts referred to in the sixth third paragraph in the section titled “Underwriting” and the information contained in the ninth paragraph, tenth paragraph and the information concerning short selling second and purchasing contained third sentences of the eleventh paragraph in the eleventh and twelfth paragraphs under the caption section titled “Underwriting” (collectively, the “Underwriter Information.).

Appears in 1 contract

Samples: Underwriting Agreement (Ollie's Bargain Outlet Holdings, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Preliminary Prospectus, the 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 the any Underwriter consists of the following information in the Preliminary Prospectus and the Prospectus furnished on behalf of the each Underwriter: the sixth paragraph of the cover page regarding delivery of the Shares; the list of Underwriters and their respective participation in the sale of the Shares under the caption “Underwriting,” the concession figure and reallowance figures appearing in the sixth fourth paragraph and under the caption “Underwriting,” the information concerning short selling sales, stabilizing transactions and purchasing contained other information appearing in the eleventh and twelfth paragraphs seventh paragraph under the caption “Underwriting” (collectively, and the information concerning penalty bids and other information appearing in the eighth paragraph under the caption Underwriter InformationUnderwriting.).

Appears in 1 contract

Samples: Underwriting Agreement (Nielsen Holdings N.V.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Preliminary Prospectus, any Issuer Free Writing Prospectus Prospectus, any Written Testing-the-Waters Communication, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth third paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting,(collectively, and the information contained in the sixteenth and seventeenth paragraphs relating to stabilizing transactions under the caption Underwriter InformationUnderwriting.).

Appears in 1 contract

Samples: Underwriting Agreement (RayzeBio, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus or any Pricing Disclosure PackageTime of Sale Information, it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth third paragraph and under the caption “Underwriting”, the information concerning short selling and purchasing contained in the eleventh twelfth, thirteenth and twelfth fourteenth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information).

Appears in 1 contract

Samples: Underwriting Agreement (Stewart & Stevenson LLC)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders and each of their affiliates, directors, officers and each person, if any, who controls the Company 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 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 the such Underwriter furnished to the Company or Holding in writing by such Underwriter through the Underwriter Underwriters expressly for use in the Registration Statement, the 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 the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure appearing in the sixth third paragraph under the caption “Underwriting”, and the information concerning stabilizing transactions, short selling sales, penalty bids and purchasing contained other information appearing in the eleventh thirteenth and twelfth fourteenth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information).

Appears in 1 contract

Samples: Underwriting Agreement (Vantiv, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any Written Testing-the-Waters Communication, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the legal names of the Underwriters in the table set forth in the first paragraph under the caption “Underwriting”, the concession figure and reallowance figures appearing in the sixth third paragraph under the caption “Underwriting” and the information concerning short selling and purchasing contained in the eleventh twelfth and twelfth thirteenth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information).

Appears in 1 contract

Samples: Underwriting Agreement (Boot Barn Holdings, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure appearing in first paragraph under the sixth paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs subsection entitled “Other Relationships” under the caption “Underwriting” (collectively, the “Underwriter Information”).

Appears in 1 contract

Samples: Underwriting Agreement (MKS Instruments Inc)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Preliminary Prospectus, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any Written Testing-the-Waters Communication, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: [the concession figure and reallowance figures appearing in the sixth third paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting” (collectively”, and the information contained in the last sentence of the fourth paragraph, the fourteenth paragraph and the first sentence of the fifteenth paragraph under the caption Underwriter InformationUnderwriting.).]

Appears in 1 contract

Samples: Underwriting Agreement (Nevro Corp)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representative expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any Written Testing-the-Waters Communication, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure appearing in the sixth third paragraph under the caption “Underwriting” and the information concerning short selling and purchasing contained in the eleventh twelfth and twelfth thirteenth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information).

Appears in 1 contract

Samples: Underwriting Agreement (Healthequity Inc)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement Statement, each of the Selling Stockholders and each person, if any, who controls the Company or any of the Selling Stockholders within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, Statement and the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus ) or any Pricing Disclosure PackagePreliminary Prospectus, it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth third paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting” (collectively, and the information contained in the eleventh paragraph under the caption Underwriter InformationUnderwriting.).

Appears in 1 contract

Samples: Underwriting Agreement (Intralinks Inc)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, Statement and the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus ) or any Pricing Disclosure PackagePreliminary Prospectus, it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth [third] paragraph under the caption "Underwriting" and the information concerning short selling and purchasing contained relating to stabilization in the eleventh and twelfth paragraphs [13 through 15] under the caption "Underwriting” (collectively, the “Underwriter Information”)".

Appears in 1 contract

Samples: Underwriting Agreement (Gaylord Entertainment Co /De)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act Act, and each of the Selling Stockholders Stockholders, to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any Written Testing-the-Waters Communication, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth third paragraph and under the caption “Underwriting”, the information concerning short selling and purchasing contained in the eleventh third, eighth, twelfth, and twelfth thirteenth paragraphs under the caption “Underwriting” (collectively, and the information contained in the first two sentences of the seventh paragraph under the caption Underwriter InformationUnderwriting).

Appears in 1 contract

Samples: Underwriting Agreement (Qualys, Inc.)

Indemnification of the Company and the Selling Stockholders. The Underwriter agrees to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the Underwriter furnished to the Company in writing by the Underwriter expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Preliminary Prospectus, any Issuer Free Writing Prospectus Prospectus, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the Underwriter consists of the following information in the Prospectus furnished on behalf of the Underwriter: (i) the marketing name of the Underwriter set forth on the cover page; the legal name of the Underwriter and its participation in the sale of the Shares in the table set forth in the first paragraph under the caption “Underwriting”; (ii) the concession figure and reallowance figures appearing in the sixth third paragraph under the caption “Underwriting”; and (iii) the information concerning short selling and purchasing contained in the tenth, eleventh and twelfth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information).

Appears in 1 contract

Samples: Underwriting Agreement (Graftech International LTD)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement Statement, each of the Selling Stockholders and each person, if any, who controls the Company and each of the Selling Stockholders within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Preliminary Prospectus, any Issuer Free Writing Prospectus Prospectus, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth [ ● ] paragraph under the caption “Underwriting” and the information concerning short selling and purchasing contained in the eleventh [ ● ], [ ● ] and twelfth [ ● ] paragraphs under the caption “Underwriting” (collectivelyrelating to price stabilization, the “Underwriter Information”)short positions and penalty bids.

Appears in 1 contract

Samples: Underwriting Agreement (Duckhorn Portfolio, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company or Holding in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the 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 the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth third paragraph and under the caption “Underwriting”, the information concerning stabilizing transactions, short selling sales and purchasing contained other information appearing in the eleventh and twelfth paragraphs paragraph under the caption “Underwriting” (collectively, and the information concerning penalty bid appearing in the thirteenth paragraph under the caption Underwriter InformationUnderwriting).

Appears in 1 contract

Samples: Underwriting Agreement (Vantiv, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the 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 the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth [third] paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting” (collectively, and the information [regarding market-making] contained in the [twelfth and thirteenth] paragraph under the caption Underwriter InformationUnderwriting).

Appears in 1 contract

Samples: Underwriting Agreement (TeleNav, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Preliminary Prospectus, any Issuer Free Writing Prospectus Prospectus, any Written Testing-the-Waters Communication, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth [third] paragraph under the caption “Underwriting” and the information concerning short selling and purchasing contained in the eleventh [nineteenth and twelfth twentieth] paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information).

Appears in 1 contract

Samples: Underwriting Agreement (CS Disco, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders Stockholder to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth third paragraph in the section titled “Underwriting” and the information concerning short selling and purchasing contained in the eleventh seventh, twelfth, thirteenth and twelfth fourteenth paragraphs under in the caption section titled “Underwriting” (collectively, the “Underwriter Information.).

Appears in 1 contract

Samples: Underwriting Agreement (Teladoc, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (aSection 9(a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by the such Underwriter expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any Written Testing-the-Waters Communication, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the legal names of the Underwriters in the table set forth in the first paragraph under the caption “Underwriting”, the concession figure and reallowance figures appearing in the sixth third paragraph under the caption “Underwriting” and the information concerning short selling and purchasing contained in the eleventh twelfth and twelfth thirteenth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information).

Appears in 1 contract

Samples: Underwriting Agreement (Boot Barn Holdings, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Preliminary Prospectus, any Issuer Free Writing Prospectus Prospectus, any Written Testing-the-Waters Communication, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure appearing in the sixth paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting”, (collectivelyi) the sentences related to concession and reallowance in the third paragraph and (ii) the [thirteenth, the “Underwriter Information”)fourteenth and fifteenth] paragraphs.

Appears in 1 contract

Samples: Underwriting Agreement (Silk Road Medical Inc)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders and each person, if any, who controls such Selling Stockholder 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 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Preliminary Prospectus, any Issuer Free Writing Prospectus Prospectus, any road show or any Pricing Disclosure Package, it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth paragraph sixteenth and the information concerning short selling and purchasing contained in the eleventh and twelfth seventeenth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information).

Appears in 1 contract

Samples: Underwriting Agreement (Squarespace, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Preliminary Prospectus, any Issuer Free Writing Prospectus Prospectus, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: (i) the concession figure appearing marketing names of the Underwriters set forth on the cover page; (ii) the legal names of the Underwriters and their respective participation in the sixth paragraph and sale of the information concerning short selling and purchasing contained Shares in the eleventh and twelfth paragraphs table set forth in the first paragraph under the caption “Underwriting”; (collectively, iii) the concession figures appearing in the third paragraph under the caption Underwriter InformationUnderwriting); and (iv) the information contained in the ninth paragraph under the caption “Underwriting.

Appears in 1 contract

Samples: Underwriting Agreement (Albany International Corp /De/)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders and each person, if any, who controls any Selling Stockholder 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 reasonable 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any Written Testing-the-Waters Communication, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth third paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting” (collectively, and the information contained in the twelfth and thirteenth paragraph under the caption Underwriter InformationUnderwriting).

Appears in 1 contract

Samples: Underwriting Agreement (Everyday Health, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Preliminary Prospectus, any Issuer Free Writing Prospectus Prospectus, any Written Testing-the-Waters Communication, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth third paragraph under the caption “Underwriting”, and the information concerning short selling and purchasing contained in the eleventh thirteenth, fourteenth and twelfth fifteenth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information.).

Appears in 1 contract

Samples: Underwriting Agreement (CompoSecure, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representative expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any Written Testing-the-Waters Communication, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth third paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting” (collectively, and the information contained in the seventh paragraph under the caption Underwriter InformationUnderwriting).

Appears in 1 contract

Samples: Underwriting Agreement (GoPro, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement Statement, the Selling Stockholders and each person, if any, who controls the Company or any Selling Stockholder within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus or any the Pricing Disclosure Package, it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: [the concession figure and reallowance figures appearing in the sixth third paragraph, the information included in the last sentence of the third paragraph, the information included in the thirteenth, fourteenth and fifteenth paragraphs, the last sentence of the thirty-third paragraph and the information concerning short selling and purchasing contained included in the eleventh and twelfth paragraphs thirty-fourth paragraph] under the caption “Underwriting” (collectively, the “Underwriter Information).

Appears in 1 contract

Samples: Underwriting Agreement (Dunkin' Brands Group, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to to, any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Preliminary Prospectus, any Issuer Free Writing Prospectus Prospectus, any Written Testing-the-Waters Communication, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth third paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting” (collectively, the information contained in the fifteenth paragraph under the caption Underwriter InformationUnderwriting).

Appears in 1 contract

Samples: Underwriting Agreement (Super Micro Computer, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus or any Pricing Disclosure PackageTime of Sale Information, it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth fourth paragraph and under the caption “Underwriting”, the information concerning short selling and purchasing contained in the eleventh fourth, seventh, eighth and twelfth thirteenth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information).

Appears in 1 contract

Samples: Underwriting Agreement (Home Diagnostics Inc)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Preliminary Prospectus, any Issuer Free Writing Prospectus Prospectus, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth third paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting; Conflicts of Interest(collectively, and the information contained in the fourteenth paragraph under the caption Underwriter InformationUnderwriting; Conflicts of Interest.).

Appears in 1 contract

Samples: Underwriting Agreement (Guardant Health, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Preliminary Prospectus, any Issuer Free Writing Prospectus Prospectus, any Written Testing-the-Waters Communication, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth third paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting” (collectivelyand the information contained in the fifteenth, sixteenth and seventeenth paragraphs relating to stabilizing transactions under the caption Underwriter InformationUnderwriting.).

Appears in 1 contract

Samples: Underwriting Agreement (BioNTech SE)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders and each person, if any, who controls any Selling Stockholder 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 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Preliminary Prospectus, any Issuer Free Writing Prospectus Prospectus, any Written Testing-the-Waters Communication, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure figures appearing in the sixth third paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting” (collectively, and the information contained in the eleventh paragraph relating to stabilizing transactions under the caption Underwriter InformationUnderwriting).

Appears in 1 contract

Samples: Underwriting Agreement (Cardlytics, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the 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 the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth third paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting,(collectivelythe information contained in the twelfth, thirteenth and fourteenth paragraphs, and the third, fourth and fifth sentences of the twenty-eighth paragraph, under the caption Underwriter InformationUnderwriting.).

Appears in 1 contract

Samples: Underwriting Agreement (SRAM International Corp)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, Statement and the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus ) or any Pricing Disclosure PackagePreliminary Prospectus, it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth third paragraph under the caption "Underwriting" and the information concerning short selling and purchasing contained in the eleventh eighth, fifteenth, sixteenth and twelfth seventeenth paragraphs under the caption "Underwriting” (collectively, the “Underwriter Information”)."

Appears in 1 contract

Samples: Underwriting Agreement (Pike Electric CORP)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representative expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus or any Pricing Disclosure PackageTime of Sale Information, it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs three under the caption “Underwriting,(collectively, the information contained in paragraphs twelve through fourteen under the caption Underwriter InformationUnderwriting.).

Appears in 1 contract

Samples: Underwriting Agreement (Obagi Medical Products, Inc.)

Indemnification of the Company and the Selling Stockholders. The Underwriter agrees to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders Stockholder to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the Underwriter furnished to the Company in writing by the Underwriter expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the Underwriter consists of the following information in the Prospectus furnished on behalf of the Underwriter: the concession figure and reallowance figures appearing in the sixth fifth paragraph in the section titled “Underwriting” and the information concerning short selling and purchasing contained in the eleventh twelfth, thirteenth, fourteenth, fifteenth and twelfth seventeenth paragraphs under in the caption section titled “Underwriting” (collectively, the “Underwriter Information.).

Appears in 1 contract

Samples: Underwriting Agreement (Teladoc, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any Written Testing-the-Waters Communication, or any Pricing Disclosure PackagePackage [(including any Pricing Disclosure Package that has subsequently been amended)], it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: (i) the concession figure and reallowance figures appearing in the sixth first and second sentences of the third paragraph under the caption “Underwriting” and (ii) the information concerning short selling and purchasing contained in the eleventh eighth, thirteenth, fourteenth and twelfth fifteenth paragraphs under the caption “Underwriting” (collectivelyrelating to distributions, the “Underwriter Information”)price stabilization, short positions and penalty bids.

Appears in 1 contract

Samples: Underwriting Agreement (e.l.f. Beauty, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (aSection 9(a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any Written Testing-the-Waters Communication, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the legal names of the Underwriters in the table set forth in the first paragraph under the caption “Underwriting”, the concession figure and reallowance figures appearing in the sixth third paragraph under the caption “Underwriting” and the information concerning short selling and purchasing contained in the eleventh twelfth and twelfth thirteenth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information).

Appears in 1 contract

Samples: Underwriting Agreement (Boot Barn Holdings, Inc.)

Indemnification of the Company and the Selling Stockholders. The Underwriter agrees to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the Underwriter furnished to the Company in writing by the Underwriter expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Preliminary Prospectus, any Issuer Free Writing Prospectus Prospectus, any road show or any Pricing Disclosure Package, it being understood and agreed upon that the only such information furnished by the Underwriter consists of the following information in the Prospectus furnished on behalf of the Underwriter: the concession figure appearing in the sixth third paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting” (collectively, and the information contained in the fifteenth paragraph under the caption Underwriter InformationUnderwriting.).

Appears in 1 contract

Samples: Underwriting Agreement (Surgery Partners, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by the such Underwriter expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the either Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure appearing marketing names for the Underwriters set forth on the cover page; the legal names of the Underwriters and their respective participation in the sixth sale of the Shares in the table set forth in the first paragraph under the caption “Underwriting”; and the information concerning short selling and purchasing contained in the fifth, tenth, eleventh and twelfth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information.).

Appears in 1 contract

Samples: Underwriting Agreement (IMS Health Holdings, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders Stockholder to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representative expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth third paragraph in the section titled “Underwriting” and the information concerning short selling and purchasing contained in the eleventh seventh, twelfth, thirteenth and twelfth fourteenth paragraphs under in the caption section titled “Underwriting” (collectively, the “Underwriter Information.).

Appears in 1 contract

Samples: Underwriting Agreement (Teladoc, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the 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 the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth third paragraph and the information concerning short selling and purchasing contained in the eleventh seventh paragraph, the twelfth paragraph, the thirteenth paragraph, the last sentence of the third paragraph and twelfth paragraphs the last two sentences of the fourteenth paragraph under the caption “Underwriting” (collectively, the “Underwriter Information.).

Appears in 1 contract

Samples: Underwriting Agreement (Guidewire Software, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders and each person, if any, who controls a Selling Stockholder 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 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the Underwriter: the concession figure appearing in the sixth paragraph each Underwriter and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs set forth under the caption “Underwriting” in the Prospectus: (collectivelyi) the names of the Underwriters in the table set forth in the first paragraph, (ii) the “Underwriter Information”)amount of the selling concession set forth in the third paragraph and (iii) the statements regarding stabilizing transactions set forth in the thirteenth and fourteenth paragraphs.

Appears in 1 contract

Samples: Underwriting Agreement (Laredo Petroleum Holdings, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus or any Pricing Disclosure PackageTime of Sale Information, it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth third paragraph under the caption “Underwriting,” the thirteenth paragraph (stabilization) under the caption “Underwriting” and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information”)relating to foreign jurisdictions.

Appears in 1 contract

Samples: Underwriting Agreement (SolarWinds, Inc.)

Indemnification of the Company and the Selling Stockholders. The Underwriter agrees to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the Underwriter furnished to the Company in writing by the Underwriter expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any Written Testing-the-Waters Communication, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the Underwriter consists of the following information in the Prospectus furnished on behalf of the Underwriter: the concession figure appearing marketing name of the Underwriter set forth on the cover page; the legal name of the Underwriter and its participation in the sixth sale of the Shares in the table set forth in the first paragraph under the caption “Underwriting”; and the information concerning short selling and purchasing contained in the eleventh seventh, eleventh, twelfth and twelfth thirteenth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information).

Appears in 1 contract

Samples: Underwriting Agreement (Surgical Care Affiliates, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representative expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure appearing in the sixth paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs eight (8th) paragraph under the caption “Underwriting” related to the availability of an electronic prospectus and internet distributions and the information contained in the ninth (collectively9th), the “Underwriter Information”)tenth (10th) and eleventh (11th) paragraphs relating to stabilization, market making and short sales.

Appears in 1 contract

Samples: Underwriting Agreement (Umpqua Holdings Corp)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the 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 the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth third paragraph under the caption “Underwriting” and the information concerning short selling and purchasing regarding market-making contained in the eleventh twelfth and twelfth thirteenth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information).

Appears in 1 contract

Samples: Underwriting Agreement (Greenway Medical Technologies Inc)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its affiliates, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus, any Non-Prospectus Road Show or any Pricing Disclosure Package, it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the language regarding discretionary accounts under “Underwriting,” the concession figure and reallowance figures appearing in the sixth second paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting,(collectively, and the information contained in the tenth paragraph under the caption Underwriter InformationUnderwriting).

Appears in 1 contract

Samples: Underwriting Agreement (Vitamin Shoppe, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representative expressly for use in the Registration Statement, the Preliminary Prospectus, the 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 the any Underwriter consists of the following information in the Preliminary Prospectus and the Prospectus furnished on behalf of the each Underwriter: the concession figure appearing sixth paragraph of the cover page regarding delivery of the Shares; the list of Underwriters and their respective participation in the sixth paragraph and sale of the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs Shares under the caption “Underwriting” (collectively”; the information concerning short sales, stabilizing transactions and other information appearing in the seventh paragraph under the caption Underwriter InformationUnderwriting); and the information concerning penalty bids and other information appearing in the eighth paragraph under the caption “Underwriting.

Appears in 1 contract

Samples: Underwriting Agreement (Nielsen Holdings N.V.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the 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 the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth third paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting,(collectivelythe information contained in the seventh and eighth paragraphs describing passive market making under the caption “Underwriting,” and the information contained in the paragraph describing the distribution of prospectuses by electronic means under the caption “Underwriting—Electronic Offer, the “Underwriter InformationSale and Distribution of Shares.).

Appears in 1 contract

Samples: Underwriting Agreement (Aleris Corp)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representative expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus or any Pricing Disclosure PackageTime of Sale Information, it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: (i) the concession figure and reallowance figures appearing in the sixth third paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting” and (collectively, ii) the information contained in the fourteenth and fifteenth paragraphs relating to stabilization transactions and passive market making under the caption Underwriter InformationUnderwriting).

Appears in 1 contract

Samples: Underwriting Agreement (Nymex Holdings Inc)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the 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 the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: (i) the statement regarding delivery of shares by the Underwriters set forth on the cover page and (ii) the concession figure appearing in the sixth paragraph and reallowance figures and the information concerning short selling and purchasing contained in paragraphs relating to stabilization by the eleventh and twelfth paragraphs Underwriters appearing under the caption “Underwriting” (collectively, the “Underwriter Information.).

Appears in 1 contract

Samples: Underwriting Agreement (Enernoc Inc)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders and each person, if any, who controls such Selling Stockholder 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 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Preliminary Prospectus, any Issuer Free Writing Prospectus Prospectus, any Written Testing-the-Waters Communication, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth third paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting” (collectively, the information contained in the fifth paragraph under the caption Underwriter InformationUnderwriting).

Appears in 1 contract

Samples: Underwriting Agreement (Oak Street Health, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any Written Testing-the-Waters Communication, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth third paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting” and the information contained in the twelfth and thirteenth paragraphs (collectively, each relating to stabilizing transactions) under the caption Underwriter InformationUnderwriting).

Appears in 1 contract

Samples: Underwriting Agreement (Imprivata Inc)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the 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 the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth 5 sentence of the second paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting” and the information contained in the 9 paragraph (collectivelyprice stabilization, short positions and penalty bids) under the caption Underwriter InformationUnderwriting).

Appears in 1 contract

Samples: Underwriting Agreement (RealD Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the any Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure appearing in the sixth paragraph and the information concerning short selling and purchasing contained in the eleventh last paragraph of the cover page regarding delivery of the Shares and twelfth the ninth, tenth, twelfth, thirteenth and fourteenth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information.).

Appears in 1 contract

Samples: Underwriting Agreement (Forum Energy Technologies, Inc.)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any road show or any Pricing Disclosure PackagePackage (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure appearing information contained in the sixth second sentence of the twelfth paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs thirteenth paragraph under the caption “Underwriting” (collectively, the “Underwriter Information).

Appears in 1 contract

Samples: Underwriting Agreement (Healthequity Inc)

Indemnification of the Company and the Selling Stockholders. The Each Underwriter agrees agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities 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 the such Underwriter furnished to the Company in writing by such Underwriter through the Underwriter Representatives expressly for use in the Registration Statement, the 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 the any Underwriter consists of the following information in the Prospectus furnished on behalf of the each Underwriter: the concession figure and reallowance figures appearing in the sixth fourth paragraph and the information concerning short selling and purchasing contained in the eleventh and twelfth paragraphs under the caption “Underwriting” (collectively, and the information regarding market-making contained in the twelfth paragraph under the caption Underwriter InformationUnderwriting).

Appears in 1 contract

Samples: Underwriting Agreement (Audience Inc)