Indemnification of the Company and the Selling Stockholders. Each Underwriter severally agrees to indemnify and hold harmless the Company, its directors, each of its officers who signed the Registration Statement, and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and each of the Selling Stockholders against any and all loss, liability, claim, damage and expense described in the indemnity contained in subsection (a) of this Section, as incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendment thereto), including any information deemed to be a part thereof pursuant to Rule 430B, the General Disclosure Package or the Prospectus (or any amendment or supplement thereto) in reliance upon and in conformity with the Underwriter Information.
Appears in 2 contracts
Samples: Underwriting Agreement (Spark Networks Inc), Underwriting Agreement (Spark Networks Inc)
Indemnification of the Company and the Selling Stockholders. Each Underwriter agrees, severally agrees and not jointly, to indemnify and hold harmless the Company, its directors, each of its officers who signed the Registration Statement, 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 against any and all loss, liability, claim, damage and expense described in to the same extent as the indemnity contained set forth in subsection paragraph (a) of this Section, as incurredabove, but only with respect to any losses, claims, damages or liabilities that arise out of, or are based upon, any untrue statements statement or omissions, omission or alleged untrue statements statement or omissions, omission made in reliance upon and in conformity with any information relating to such Underwriter furnished to the Company in writing by such Underwriter through the Representatives expressly for use in the Registration Statement (or any amendment thereto)Statement, including any information deemed to be a part thereof pursuant to Rule 430B, the General Disclosure Package or the Prospectus (or any amendment or supplement thereto) in reliance upon and in conformity with the Underwriter Information), any Issuer Free Writing Prospectus or any Pricing Disclosure Package.
Appears in 2 contracts
Samples: Underwriting Agreement (Green Dot Corp), Underwriting Agreement (Green Dot Corp)
Indemnification of the Company and the Selling Stockholders. Each Underwriter agrees, severally agrees and not jointly, to indemnify and hold harmless the Company, its directors, each of its officers who signed the Registration Statement, 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 against any and all loss, liability, claim, damage and expense described in to the same extent as the indemnity contained set forth in subsection paragraph (a) of this Section, as incurredabove, but only with respect to any losses, claims, damages or liabilities that arise out of, or are based upon, any untrue statements statement or omissions, omission or alleged untrue statements statement or omissions, omission made in reliance upon and in conformity with any information relating to such Underwriter s furnished to the Company in writing by or on behalf of any Underwriter expressly for use in the Registration Statement (or any amendment thereto)Statement, including any information deemed to be a part thereof pursuant to Rule 430B, the General Disclosure Package or the Prospectus (or any amendment or supplement thereto) in reliance ), any Issuer Free Writing Prospectus or any Time of Sale Information, it being understood and agreed upon and in conformity with that the only such information furnished by any Underwriter Information.consists of: [___]
Appears in 1 contract
Samples: Underwriting Agreement (Emergent BioSolutions Inc.)