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

Indemnification of the Company and the Trust. Each Underwriter agrees, severally and not jointly, to indemnify and hold harmless the Company and the Trust, and each of their directors, officers and/or administrative trustees who signed the Registration Statement and each person, if any, who controls the Company or the Trust 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 such Underwriter furnished to the Company or the Trust in writing by such Underwriter through the Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus or any Time of Sale Information (it being understood and agreed that the only such information consists of the information provided in the third and eighth paragraphs in the section entitled “Underwriting” in the Time of Sale Information and the Prospectus).

Indemnification of the Company and the Trust. Each Underwriter agrees, severally and not jointly, to indemnify and hold harmless each of the Company and the Trust, Trust and each of their directors, respective directors and officers and/or administrative trustees who signed the Registration Statement and each person, if any, who controls the Company or the Trust 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 such Underwriter furnished to the Company or the Trust Trust, as the case may be, in writing by such Underwriter through the Representatives Representative expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus or any Time of Sale Information (Information, it being understood and agreed that the only such information consists of the information provided in following: the third and eighth ninth paragraphs in under the section entitled caption “Underwriting” and the third sentence in the Time of Sale Information and sixth paragraph under the Prospectus)caption “Underwriting” .

Indemnification of the Company and the Trust. Each Underwriter agrees, severally and not jointly, to indemnify and hold harmless each of the Company and the Trust, Trust and each of their directors, respective directors and officers and/or administrative trustees who signed the Registration Statement and each person, if any, who controls the Company or the Trust 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 such Underwriter furnished to the Company or the Trust Trust, as the case may be, in writing by such Underwriter through the Representatives Representative expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus or any Time of Sale Information (Information, it being understood and agreed that the only such information consists of the information provided in following: (i) the third last full sentence on the cover page regarding delivery of the Trust Preferred Securities and eighth paragraphs in (ii) under the section entitled heading “Underwriting” in the Time of Sale Information twelfth paragraph related to stabilization, syndicate covering transactions and the Prospectus)penalty bids.

Indemnification of the Company and the Trust. Each Underwriter agrees, severally and not jointly, to indemnify and hold harmless each of the Company and the Trust, Trust and each of their directors, respective directors and officers and/or administrative trustees who signed the Registration Statement and each person, if any, who controls the Company or the Trust 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 such Underwriter furnished to the Company or the Trust Trust, as the case may be, in writing by such Underwriter through the Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus or any Time of Sale Information (Information, it being understood and agreed that the only such information consists of the information provided in following: (i) the third last full sentence on the cover page regarding delivery of the Capital Securities and eighth paragraphs in (ii) under the section entitled heading “Underwriting” in the Time of Sale Information eighth paragraph related to stabilization, syndicate covering transactions and the Prospectus)penalty bids.