Common use of Limitation of Selling Stockholder Liability Clause in Contracts

Limitation of Selling Stockholder Liability. The liability of each Selling Stockholder under the indemnity and contribution provisions of this Section 8 shall be limited to an amount equal to the initial public offering price of the Shares sold by such Selling Stockholder, less the underwriting discount, as set forth on the front cover page of the Prospectus. The Company and the Selling Stockholders may agree, as among themselves and without limiting the rights of the Underwriters under this Agreement, as to the respective amounts of such liability for which they each shall be responsible.

Appears in 8 contracts

Samples: Underwriting Agreement (Vocus, Inc.), Stock Underwriting Agreement (Crocs, Inc.), Underwriting Agreement (Xenogen Corp)

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Limitation of Selling Stockholder Liability. The liability of each the Selling Stockholder under the indemnity and contribution provisions of this Section 8 shall be limited to an amount equal to the initial public offering price of the Shares sold by such Selling Stockholder, less the underwriting discount, as set forth on the front cover page of the Prospectus. The Company and the Selling Stockholders Stockholder may agree, as among themselves and without limiting the rights of the Underwriters under this Agreement, as to the respective amounts of such liability for which they each shall be responsible.

Appears in 2 contracts

Samples: Underwriting Agreement (Corcept Therapeutics Inc), Underwriting Agreement (Cysive Inc)

Limitation of Selling Stockholder Liability. The liability of each Selling Stockholder under the indemnity and contribution provisions of this Section 8 shall be limited to an amount equal to the initial public offering price of the Shares sold by such Selling Stockholder, less the 24 underwriting discount, as set forth on the front cover page of the Prospectus. The Company and the Selling Stockholders may agree, as among themselves and without limiting the rights of the Underwriters under this Agreement, as to the respective amounts of such liability for which they each shall be responsible.

Appears in 2 contracts

Samples: Underwriting Agreement (Crocs, Inc.), Underwriting Agreement (Crocs, Inc.)

Limitation of Selling Stockholder Liability. The Notwithstanding anything herein to the contrary, the liability of each Selling Stockholder under the indemnity and contribution provisions of this Section 8 and the representation in Section 2.9 shall be limited to an amount equal to the initial public offering price of the Shares sold by such Selling Stockholder, less the underwriting discount, as set forth on the front cover page of the Prospectus. The Company and the Selling Stockholders may agree, as among themselves and without limiting the rights of the Underwriters under this Agreement, as to the respective amounts of such liability for which they each shall be responsible.

Appears in 2 contracts

Samples: Underwriting Agreement (Impac Medical Systems Inc), Underwriting Agreement (Impac Medical Systems Inc)

Limitation of Selling Stockholder Liability. The liability of each Selling Stockholder under the indemnity and contribution provisions of this Section 8 shall be limited limited, in the aggregate, to an amount equal to the initial public offering price Public Offering Price of the Shares sold by such Selling Stockholder, less the underwriting discount, as set forth on the front cover page of the Prospectus. The Company and the Selling Stockholders may agree, as among themselves and without limiting the rights of the Underwriters under this Agreement, as to the respective amounts of such liability for which they each shall be responsible.

Appears in 1 contract

Samples: Underwriting Agreement (Nutri System Inc /De/)

Limitation of Selling Stockholder Liability. The liability of each Selling Stockholder under the indemnity and contribution provisions of this Section 8 8, and for any breach of the representation contained in Section 2.9 that was not an intentional and knowing breach, shall be limited limited, in the aggregate, to an amount equal to the initial public offering price of the Shares sold by such Selling Stockholder, less the underwriting discount, as set forth on the front cover page of the Prospectus. The Company and the Selling Stockholders may agree, as among themselves and without limiting the rights of the Underwriters under this Agreement, as to the respective amounts of such liability for which they each shall be responsible.

Appears in 1 contract

Samples: Underwriting Agreement (Collectors Universe Inc)

Limitation of Selling Stockholder Liability. The liability of each Selling Stockholder under the indemnity and contribution provisions of this Section 8 shall be limited to not exceed an amount equal to the initial public offering price of the Shares sold net proceeds received by such Selling Stockholder, less Stockholder from the underwriting discount, as set forth on sale of Firm Shares by such Selling Stockholder to the front cover page of the ProspectusUnderwriters hereunder. The Company and the Selling Stockholders may agree, as among themselves and without limiting the rights of the Underwriters under this Agreement, as to the respective amounts of such liability for which they each shall be responsible.

Appears in 1 contract

Samples: Underwriting Agreement (Ista Pharmaceuticals Inc)

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Limitation of Selling Stockholder Liability. The liability of each Selling Stockholder under the indemnity and contribution provisions of this Section 8 shall be limited to an amount equal to the initial public offering price of the Shares sold by such Selling Stockholder, less the underwriting discount, as set forth on the front cover page of the Prospectus. The Company and the Selling Stockholders may agree, as among themselves and without limiting the rights of the Underwriters under this Agreement, as to the respective amounts of such liability for which they each shall be responsible.

Appears in 1 contract

Samples: Underwriting Agreement (Total Entertainment Restaurant Corp)

Limitation of Selling Stockholder Liability. The Notwithstanding anything to the contrary in Section 8 of this Agreement, the aggregate liability of each Selling Stockholder under the indemnity and contribution provisions of this Section 8 shall be limited to in no event exceed an amount equal to the initial public offering price Public Offering Price of the Shares sold by such Selling Stockholder, less the underwriting discount, discount as set forth on the front cover page of the Prospectus. The Company and the Selling Stockholders may agree, as among themselves and without limiting the rights of the Underwriters under this Agreement, as to the respective amounts of such liability for which they each shall be responsible.

Appears in 1 contract

Samples: Underwriting Agreement (Centene Corp)

Limitation of Selling Stockholder Liability. The liability of each Selling Stockholder under the indemnity and contribution provisions of this Section 8 shall be limited to an amount equal to the initial public offering price Public Offering Price of the Shares sold by such Selling Stockholder, less the underwriting discount, as set forth on the front cover page of the Prospectus. The Company and the Selling Stockholders may agree, as among themselves and without limiting the rights of the Underwriters under this Agreement, as to the respective amounts of such liability for which they each shall be responsible.

Appears in 1 contract

Samples: Underwriting Agreement (Emerge Interactive Inc)

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