Common use of Indemnification of the Underwriters by the Selling Stockholders Clause in Contracts

Indemnification of the Underwriters by the Selling Stockholders. Each Selling Stockholder agrees to indemnify and hold harmless each Underwriter, its affiliates, directors and officers and each person, if any, who controls such Underwriter 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; provided, however, that each Selling Stockholder’s agreement to indemnify and hold harmless hereunder shall only apply insofar as such losses, claims, damages or liabilities 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 Selling Stockholder furnished to the Company in writing by such Selling Stockholder 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 (including any Time of Sale Information that has subsequently been amended).

Appears in 1 contract

Samples: Underwriting Agreement (Insulet Corp)

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Indemnification of the Underwriters by the Selling Stockholders. Each of the Selling Stockholders severally in proportion to the number of Shares to be sold by such Selling Stockholder hereunder agrees to indemnify and hold harmless each Underwriter, its affiliates, selling agents, directors and officers and each person, if any, who controls such Underwriter 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; provided, however, that in each Selling Stockholder’s agreement to indemnify and hold harmless hereunder shall only apply case except insofar as such losses, claims, damages or liabilities 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 Selling Stockholder any Underwriter furnished to the Company in writing by such Selling Stockholder 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 Applicable Time Information, it being understood and agreed that the only such information furnished by any Underwriter consists of Sale Information the information described as such in subsection (including any Time of Sale Information that has subsequently been amended)c) below.

Appears in 1 contract

Samples: Forum Energy Technologies, Inc.

Indemnification of the Underwriters by the Selling Stockholders. Each of the Selling Stockholder severally in proportion to the number of Shares to be sold by such Selling Stockholder hereunder agrees to indemnify and hold harmless each Underwriter, its affiliates, directors and officers and each person, if any, who controls such Underwriter 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; provided, however, that in each Selling Stockholder’s agreement to indemnify and hold harmless hereunder shall only apply case except insofar as such losses, claims, damages or liabilities 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 Selling Stockholder any Underwriter furnished to the Company in writing by such Selling Stockholder Underwriter through the 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 or the Pricing Disclosure Package, it being understood and agreed that the only such information furnished by any Time Underwriter consists of Sale Information the information described as such in paragraph (including any Time of Sale Information that has subsequently been amended)c) below.

Appears in 1 contract

Samples: Super Micro Computer, Inc.

Indemnification of the Underwriters by the Selling Stockholders. Each of the Selling Stockholders severally in proportion to the number of Shares to be sold by such Selling Stockholder hereunder agrees to indemnify and hold harmless each Underwriter, its affiliates, directors and officers and each person, if any, who controls such Underwriter 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; provided, however, that in each Selling Stockholder’s agreement to indemnify and hold harmless hereunder shall only apply case except insofar as such losses, claims, damages or liabilities 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 Selling Stockholder any Underwriter furnished to the Company in writing by such Selling Stockholder Underwriter through the 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 the Pricing Disclosure Package, it being understood and agreed that the only such information furnished by any Time Underwriter consists of Sale Information the information described as such in subsection (including any Time c) below. The liability of Sale Information that has subsequently been amended)each Selling Stockholder under the indemnity contained in this paragraph shall be limited to an amount equal to the Purchase Price multiplied by the number of Shares sold (the “Net Proceeds”) by such Selling Stockholder under this Agreement.

Appears in 1 contract

Samples: ECPM Holdings, LLC

Indemnification of the Underwriters by the Selling Stockholders. Each of the Selling Stockholders severally and not jointly in proportion to the number of Shares to be sold by such Selling Stockholder hereunder agrees to indemnify and hold harmless each Underwriter, its affiliates, directors and officers and each person, if any, who controls such Underwriter 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; provided, however, that in each Selling Stockholder’s agreement to indemnify and hold harmless hereunder shall only apply case except insofar as such losses, claims, damages or liabilities 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 Selling Stockholder any Underwriter furnished to the Company in writing by such Selling Stockholder Underwriter through the Representatives expressly for use in the Registration StatementStatements, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus Preliminary Prospectus, any Written Testing-the-Waters Communication or any Time of Sale Information the Pricing Disclosure Package (including any Time of Sale Information Pricing Disclosure Package that has subsequently been amended), it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in paragraph (c) below.

Appears in 1 contract

Samples: Underwriting Agreement (Grid Dynamics Holdings, Inc.)

Indemnification of the Underwriters by the Selling Stockholders. Each of the Selling Stockholders severally in proportion to the number of Shares to be sold by such Selling Stockholder hereunder agrees to indemnify and hold harmless each Underwriter, its affiliates, directors and officers and each person, if any, who controls such Underwriter 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; provided, however, that in each Selling Stockholder’s agreement to indemnify and hold harmless hereunder shall only apply case insofar as such losses, claims, damages or liabilities 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 Selling Stockholder furnished to the Company in writing by such that constitutes Selling Stockholder Information 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 Communications or any Time of Sale Information (including any Time of Sale Information that has subsequently been amended)the Pricing Disclosure Package.

Appears in 1 contract

Samples: Treace Medical Concepts, Inc.

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Indemnification of the Underwriters by the Selling Stockholders. Each of the Selling Stockholders severally in proportion to the number of Shares to be sold by such Selling Stockholder hereunder agrees to indemnify and hold harmless each Underwriter, its affiliates, directors and officers and each person, if any, who controls such Underwriter 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; provided, however, that each Selling Stockholder’s agreement but only with respect to indemnify and hold harmless hereunder shall only apply insofar as such 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 Selling Stockholder furnished to the Company in writing by such Selling Stockholder expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus or any Time Pricing Disclosure Package; provided that, notwithstanding any other provisions herein, the liability of Sale Information (including any Time Selling Stockholder under this Section 9 shall not exceed the product of Sale Information that has subsequently been amended)the number of Shares sold by such Selling Stockholder and the public offering price of the Securities as set forth in the Prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (Enernoc Inc)

Indemnification of the Underwriters by the Selling Stockholders. Each of the Selling Stockholders severally in proportion to the number of Offered Securities to be sold by such Selling Stockholder hereunder agrees to indemnify and hold harmless each Underwriter, its affiliates, directors and officers directors, officers, employees, agents and each person, if any, who controls such Underwriter 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; provided, however, that in each Selling Stockholder’s agreement to indemnify and hold harmless hereunder shall only apply case except insofar as such losses, claims, damages or liabilities 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 Selling Stockholder any Underwriter furnished to the Company in writing by such Selling Stockholder Underwriter through the 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 the Pricing Disclosure Package; it being understood and agreed that the only such information furnished by any Time Underwriter consists of Sale Information the information described as such in subsection (including any Time of Sale Information that has subsequently been amended)c) below.

Appears in 1 contract

Samples: Central Puerto S.A.

Indemnification of the Underwriters by the Selling Stockholders. Each of the Selling Stockholders severally in proportion to the number of Shares to be sold by such Selling Stockholder hereunder agrees to indemnify and hold harmless each Underwriter, its affiliates, directors and officers and each person, if any, who controls such Underwriter 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; provided, however, that in each Selling Stockholder’s agreement to indemnify and hold harmless hereunder shall only apply case except insofar as such losses, claims, damages or liabilities 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 Selling Stockholder any Underwriter furnished to the Company in writing by such Selling Stockholder 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 furnished by any Underwriter consists of the information described as such in subsection (including any Time of Sale Information that has subsequently been amended)c) below.

Appears in 1 contract

Samples: Underwriting Agreement (Volcano CORP)

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