Common use of Indemnification of the Issuers Clause in Contracts

Indemnification of the Issuers. The Underwriters, severally and not jointly, agree to indemnify and hold harmless each of the Issuers, each of the Guarantors, each of their respective directors and officers who signed the Registration Statement and each person, if any, who controls either of the Issuers or any of the Guarantors 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 Underwriters furnished to the Issuers in writing by the Underwriters (including through the 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, it being understood and agreed that the only such information consists of the following: the second and third sentences of the seventh paragraph and the eighth paragraph under the section entitled “Underwriting” in the Prospectus.

Indemnification of the Issuers. The UnderwritersEach Underwriter agrees, severally and not jointly, agree to indemnify and hold harmless each of the IssuersCompany, each of the GuarantorsXxxxx, MPT, each of their respective directors and officers who signed the Registration Statement and each person, if any, who controls either of the Issuers Company, Xxxxx or any of the Guarantors MPT 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 Underwriters such Underwriter furnished to the Issuers Company and Xxxxx in writing by the Underwriters (including such Underwriter through the Representative) Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any “issuer information” filed or required to be filed pursuant to Rule 433(d) under the Securities Act, any Road Show or any Time of Sale InformationPricing Disclosure Package (including any Pricing Disclosure Package that has been subsequently amended), it being understood and agreed upon that the only such information consists of the following: the second and third sentences sentence of the seventh paragraph sixth paragraph, the third sentence of the eighth paragraph, and the eighth paragraph first sentence of the eleventh paragraph, in each case under the section entitled heading of “Underwriting” in the Prospectus.”

Indemnification of the Issuers. The UnderwritersEach Initial Purchaser agrees, severally and not jointly, agree to indemnify and hold harmless each of the Issuers, each of the Guarantors, each of their respective directors and officers who signed the Registration Statement and each person, if any, who controls either of the Issuers or any of the Guarantors (within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act Act) the Issuers or any of the Guarantors 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 Underwriters such Initial Purchaser furnished to the Issuers in writing by the Underwriters (including such Initial Purchaser through the Representative) Representative expressly for use in the Registration StatementPreliminary Offering Memorandum, any of the Prospectus other Time of Sale Information, any Issuer Written Communication or the Offering Memorandum (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 following: the second third and third fourth sentences of the seventh eleventh paragraph and the eighth fourteenth paragraph under the section entitled caption “UnderwritingPlan of Distribution” in the ProspectusPreliminary Offering Memorandum and the Offering Memorandum.

Indemnification of the Issuers. The Underwriters, severally and not jointly, agree to indemnify and hold harmless each of the Issuers, each of the Guarantors, each of their respective directors and officers who signed the Registration Statement and each person, if any, who controls either of the Issuers or any of the Guarantors 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 Underwriters furnished to the Issuers in writing by the Underwriters (including through the 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, it being understood and agreed that the only such information consists of the following: the second and third sentences of the seventh fifth paragraph and the eighth paragraph under the section entitled “Underwriting” in the Prospectus.

Indemnification of the Issuers. The Underwriters, severally and not jointly, agree to indemnify and hold harmless each of the Issuers, each of the Guarantors, each of their respective directors and officers who signed the Registration Statement and each person, if any, who controls either of the Issuers or any of the Guarantors 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 Underwriters furnished to the Issuers in writing by the Underwriters (including through the 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, it being understood and agreed that the only such information consists of the following: the second and third sentences of the seventh fourth paragraph and the eighth seventh paragraph under the section entitled “Underwriting” in the ProspectusProspectus and with respect to the Underwriters, the Underwriters’ names as they appear on the front or back cover thereof.

Indemnification of the Issuers. The UnderwritersEach Underwriter agrees, severally and not jointly, agree to indemnify and hold harmless each of the IssuersCompany, each of the GuarantorsXxxxx, MPT, each of their respective directors and officers who signed the Registration Statement and each person, if any, who controls either of the Issuers Company, Xxxxx, or any of the Guarantors MPT 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 Underwriters such Underwriter furnished to the Issuers Company and Xxxxx in writing by the Underwriters (including such Underwriter through the Representative) Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any “issuer information” filed or required to be filed pursuant to Rule 433(d) under the Securities Act, any Road Show or any Time of Sale InformationPricing Disclosure Package (including any Pricing Disclosure Package that has been subsequently amended), it being understood and agreed upon that the only such information consists of the following: the second and third sentences first sentence of the seventh third paragraph, the third sentence of the sixth paragraph and the eighth paragraph fourth and fifth sentence of the twelfth paragraph, in each case under the section entitled heading of “Underwriting” in the Prospectus.”

Indemnification of the Issuers. The UnderwritersEach Initial Purchaser agrees, severally and not jointly, agree to indemnify and hold harmless each of the IssuersIssuer, each of the Guarantors, each of their respective directors and officers who signed the Registration Statement and each person, if any, who controls either of the Issuers or any of the Guarantors (within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act 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 Underwriters such Initial Purchaser furnished to the Issuers Partnership in writing by the Underwriters (including such Initial Purchaser through the Representative) Representative expressly for use in the Registration StatementPreliminary Offering Memorandum, any of the Prospectus other Time of Sale Information, any Issuer Written Communication or the Offering Memorandum (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 following: the second information included in the third paragraph, the third sentence of the seventh paragraph, the ninth paragraph, the tenth paragraph and third the first, third, seventh, eighth and ninth sentences of the seventh paragraph and the eighth paragraph twelfth paragraph, respectively, under the section entitled caption “UnderwritingPlan of Distribution” in the ProspectusPreliminary Offering Memorandum and the Offering Memorandum.

Indemnification of the Issuers. The UnderwritersEach Underwriter agrees, severally and not jointly, agree to indemnify and hold harmless each of the Issuers, each of the Guarantors, each of their respective directors and officers who signed the Registration Statement and each person, if any, who controls either of the Issuers or any of the Guarantors (within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act Act) the Issuers or any of the Guarantors 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 Underwriters such Underwriter furnished to the Issuers in writing by the Underwriters (including such Underwriter through the Representative) 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, it being understood and agreed that the only such information consists of the following: the third sentence of the sixth paragraph and the first, second and third sentences of the seventh paragraph and the eighth tenth paragraph under the section entitled caption “Underwriting” in the ProspectusProspectus Supplement.

Indemnification of the Issuers. The UnderwritersEach Underwriter agrees, severally and not jointly, agree to indemnify and hold harmless each of the IssuersCompany, each of the GuarantorsXxxxx, MPT, each of their respective directors and officers who signed the Registration Statement and each person, if any, who controls either of the Issuers Company, Xxxxx, or any of the Guarantors MPT 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 Underwriters such Underwriter furnished to the Issuers Company and Xxxxx in writing by the Underwriters (including such Underwriter through the Representative) Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any “issuer information” filed or required to be filed pursuant to Rule 433(d) under the Securities Act, any Road Show or any Time of Sale InformationPricing Disclosure Package (including any Pricing Disclosure Package that has been subsequently amended), it being understood and agreed upon that the only such information consists of the following: the first and second sentence of the fourth paragraph, the first and third sentences second sentence of the fifth paragraph, the fourth and fifth sentence of the seventh paragraph and the eighth paragraph first and second sentence of the tenth paragraph, in each case under the section entitled heading of “Underwriting” in the Prospectus.”

Indemnification of the Issuers. The UnderwritersEach Underwriter agrees, severally and not jointly, agree to indemnify and hold harmless each of Issuer, the Issuers, each of the GuarantorsGuarantor, each of their respective directors affiliates, officers, directors, employees, members, managers and officers who signed the Registration Statement agents, and each person, if any, who controls either of the Issuers or any of the Guarantors an Issuer 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 Underwriters such Underwriter furnished to the Issuers in writing by the Underwriters (including such Underwriter through the Representative) Xxxxxxx, Xxxxx & Co. expressly for use in the Registration Statement, the Preliminary Prospectus, any of the other Time of Sale Information, any Issuer Free Writing Prospectus or 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 following: in the Preliminary Prospectus and the Prospectus the fourth sentence of the second paragraph, the second sentence of the fourth paragraph and third the first through fifth sentences of the seventh paragraph and the eighth sixth paragraph under the section entitled heading “Underwriting” in the Prospectus.;”

Indemnification of the Issuers. The Underwriters, severally and not jointly, Underwriters agree to indemnify and hold harmless each of the Issuers, each of the Guarantors, each of their respective directors and officers who signed the Registration Statement and each person, if any, who controls either of the Issuers or any of the Guarantors 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 Underwriters furnished to the Issuers in writing by the Underwriters (including through the 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, it being understood and agreed that the only such information consists of the following: the second and third sentences of the seventh fourth paragraph and the eighth seventh paragraph under the section entitled “Underwriting” in the ProspectusProspectus and with respect to the Underwriters, the Underwriters’ names as they appear on the front or back cover thereof.

Indemnification of the Issuers. The UnderwritersEach Underwriter agrees, severally and not jointly, agree to indemnify and hold harmless each of the IssuersCompany, each of the GuarantorsXxxxx, MPT, each of their respective directors and officers who signed the Registration Statement and each person, if any, who controls either of the Issuers Company, Xxxxx or any of the Guarantors MPT 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 Underwriters such Underwriter furnished to the Issuers Company and Xxxxx in writing by the Underwriters (including such Underwriter through the Representative) Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any “issuer information” filed or required to be filed pursuant to Rule 433(d) under the Securities Act, any Road Show or any Time of Sale InformationPricing Disclosure Package (including any Pricing Disclosure Package that has been subsequently amended), it being understood and agreed upon that the only such information consists of the following: the second and third sentences sentence of the fifth paragraph, the third sentence of the seventh paragraph paragraph, and the eighth paragraph first and second sentence of the tenth paragraph, in each case under the section entitled heading of “Underwriting” in the Prospectus.”

Indemnification of the Issuers. The UnderwritersEach Underwriter agrees, severally and not jointly, agree to indemnify and hold harmless each of the IssuersCompany, each of the GuarantorsXxxxx, MPT, each of their respective directors and officers who signed the Registration Statement and each person, if any, who controls either of the Issuers Company, Xxxxx, or any of the Guarantors MPT 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 Underwriters such Underwriter furnished to the Issuers Company and Xxxxx in writing by the Underwriters (including such Underwriter through the Representative) Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any “issuer information” filed or required to be filed pursuant to Rule 433(d) under the Securities Act, any Road Show or any Time of Sale InformationPricing Disclosure Package (including any Pricing Disclosure Package that has been subsequently amended), it being understood and agreed upon that the only such information consists of the following: the fourth paragraph, the first and second sentence of the fifth paragraph, the third and third sentences fourth sentence of the seventh paragraph paragraph, and the eighth paragraph first and second sentence of the tenth paragraph, in each case under the section entitled heading of “Underwriting” in the Prospectus.”

Indemnification of the Issuers. The UnderwritersEach Underwriter agrees, severally and not jointly, agree to indemnify and hold harmless each of the IssuersCompany, each of the GuarantorsXxxxx, MPT, each of their respective directors and officers who signed the Registration Statement and each person, if any, who controls either of the Issuers Company, Xxxxx or any of the Guarantors MPT 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 Underwriters such Underwriter furnished to the Issuers Company and Xxxxx in writing by the Underwriters (including such Underwriter through the Representative) Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any “issuer information” filed or required to be filed pursuant to Rule 433(d) under the Securities Act, any Road Show or any Time of Sale InformationPricing Disclosure Package (including any Pricing Disclosure Package that has been subsequently amended), it being understood and agreed upon that the only such information consists of the following: the second and third sentences sentence of the seventh paragraph fifth paragraph, the third sentence of the eighth paragraph, and the eighth paragraph first and second sentence of the eleventh paragraph, in each case under the section entitled heading of “Underwriting” in the Prospectus.”

Indemnification of the Issuers. The UnderwritersEach Underwriter agrees, severally and not jointly, agree to indemnify and hold harmless each of the IssuersCompany, each of the GuarantorsXxxxx, MPT, each of their respective directors and officers who signed the Registration Statement and each person, if any, who controls either of the Issuers Company, Xxxxx, or any of the Guarantors MPT 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 Underwriters such Underwriter furnished to the Issuers Company and Xxxxx in writing by the Underwriters (including such Underwriter through the Representative) Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Prospectus, any “issuer information” filed or required to be filed pursuant to Rule 433(d) under the Securities Act, any Road Show or any Time of Sale InformationPricing Disclosure Package (including any Pricing Disclosure Package that has been subsequently amended), it being understood and agreed upon that the only such information consists of the following: first sentence of the second and fifth paragraph, the third sentences sentence of the seventh paragraph and the eighth paragraph tenth paragraph, in each case under the section entitled heading of “Underwriting” in the Prospectus.”