Common use of Indemnification of the Issuers Clause in Contracts

Indemnification of the Issuers. Each Underwriter agrees, severally and not jointly, to indemnify and hold harmless the Company, Xxxxx, MPT each of the Subsidiary Guarantors, each of their respective directors and officers who signed the Registration Statement and each person, if any, who controls the Company, Xxxxx, MPT or any of the Subsidiary 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 such Underwriter furnished to the Company and Xxxxx in writing by such Underwriter 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 Pricing Disclosure Package, it being understood and agreed upon that the only such information consists of the following: first sentence of the third paragraph, the third sentence of the sixth paragraph and the fourth and fifth sentence of the twelfth paragraph, in each case under the heading of “Underwriting.”

Indemnification of the Issuers. Each Underwriter Initial Purchaser agrees, severally and not jointly, to indemnify and hold harmless the Companyeach Issuer, Xxxxx, MPT each of the Subsidiary Guarantors, each of their respective Issuer’s officers and directors and officers who signed the Registration Statement and each person, if any, who controls the Company, Xxxxx, MPT or any of the Subsidiary Guarantors 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 such Underwriter Initial Purchaser furnished to the Company and Xxxxx in writing by such Underwriter Initial Purchaser through the Representative Representatives expressly for use in any of the Registration Statement, Time of Sale Information and the Prospectus Offering Memorandum (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 consists of of: the followinginformation contained in the Preliminary Offering Memorandum and the Offering Memorandum (i) on the cover page: first in the second sentence of the third penultimate paragraph, and (ii) in the “Plan of Distribution” section: in the third sentence of the sixth paragraph and the fourth and fifth sentence of the twelfth second paragraph, in each case the first, second and third sentences of the paragraph under the heading caption “Notes are not being registered”, and in the first and third paragraphs under the caption “Price Stabilization and short positions”; provided, however, that the Initial Purchasers shall not be liable for any losses, claims, damages or liabilities arising out of “Underwritingor based upon the Company’s failure to amend or supplement any of the Time of Sale Information or the Offering Memorandum pursuant to Section 4(b).”

Indemnification of the Issuers. Each Underwriter agrees, severally and not jointly, to indemnify and hold harmless the Company, Xxxxx, MPT each of the Subsidiary Guarantors, each of their respective directors and officers who signed the Registration Statement and each person, if any, who controls the Company, Xxxxx, MPT or any of the Subsidiary 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 such Underwriter furnished to the Company and Xxxxx in writing by such Underwriter through the Representative expressly for use in the 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 consists of the following: first sentence of the third paragraph, the third sentence of the sixth paragraph and the fourth and fifth sentence of the twelfth paragraph, in each case under the heading of “Underwriting.”

Indemnification of the Issuers. Each Underwriter Initial Purchaser agrees, severally and not jointly, to indemnify and hold harmless the Companyeach Issuer, Xxxxx, MPT each of the Subsidiary Guarantors, each of their respective Issuer’s officers and directors and officers who signed the Registration Statement and each person, if any, who controls the Company, Xxxxx, MPT or any of the Subsidiary Guarantors 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 such Underwriter Initial Purchaser furnished to the Company and Xxxxx in writing by such Underwriter Initial Purchaser through the Representative expressly for use in any of the Registration Statement, Time of Sale Information and the Prospectus Offering Memorandum (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 consists of the following: first sentence of the information contained in (a) the Preliminary Offering Memorandum and the Offering Memorandum in the third paragraph, the third sentence fifth and sixth sentences of the sixth eleventh paragraph and the thirteenth paragraph under the caption “Plan of distribution” and (b) the Canadian Preliminary Offering Memorandum and the Canadian Offering Memorandum in the fourth and fifth sentence of the twelfth paragraph, in each case sixth paragraphs under the heading “Relationships between the Company and certain Initial Purchasers”; provided, however, that the Initial Purchasers shall not be liable for any losses, claims, damages or liabilities arising out of “Underwritingor based upon the Company’s failure to amend or supplement any of the Time of Sale Information or the Offering Memorandum pursuant to Section 4(b).”