Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 5 contracts
Samples: Underwriting Agreement (Public Service Co of New Mexico), Underwriting Agreement (Public Service Co of New Mexico), Underwriting Agreement (Public Service Co of New Mexico)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Partnership Entities and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company and the Underwriters Partnership Entities contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the CompanyGeneral Partner, the officers of the Company General Partner who have signed the Registration Statement and any person controlling the Company Partnership within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 5 contracts
Samples: Underwriting Agreement (Viper Energy Partners LP), Underwriting Agreement (Viper Energy Partners LP), Underwriting Agreement (Viper Energy Partners LP)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Partnership Parties and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Partnership Parties contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the CompanyGeneral Partner, the officers of the Company General Partner who have signed the Registration Statement and any person controlling the Company Partnership Parties within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 5 contracts
Samples: Underwriting Agreement (Sunoco Logistics Partners Lp), Underwriting Agreement (Sunoco Logistics Partners Lp), Underwriting Agreement (Sunoco Logistics Partners L.P.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters contained in this Agreement shall also be deemed to be for the benefit of the directors, officers officers, employees, agents and employees affiliates of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and Section 20 of the Exchange Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act and Section 20 of the Exchange Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 5 contracts
Samples: Underwriting Agreement (Capital Southwest Corp), Underwriting Agreement (KCAP Financial, Inc.), Underwriting Agreement (KCAP Financial, Inc.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the several Underwriters, the Company General Partner, the Partnership, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company General Partner and the Underwriters Partnership contained in this Agreement shall also be deemed to be for the benefit of the directors, officers officers, employees and employees agents of the Underwriters or the Company and each person or personsperson, if any, who control controls any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement hereof shall also be deemed to be for the benefit of the directors of the CompanyGeneral Partner, the officers of the Company General Partner who have signed the Registration Statement and any person controlling each person, if any, who controls the Company General Partner or the Partnership within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 5 contracts
Samples: Underwriting Agreement (Buckeye Partners, L.P.), Underwriting Agreement (Buckeye Partners, L.P.), Underwriting Agreement (Buckeye Partners, L.P.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company and the Underwriters contained in this Agreement shall also be deemed to be for the benefit of the affiliates, directors, officers officers, members and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement hereof shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 4 contracts
Samples: Underwriting Agreement (Southwest Gas Corp), Underwriting Agreement (Southwest Gas Corp), Underwriting Agreement (Southwest Gas Corp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, the Investment Adviser, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Investment Adviser contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company Underwriters within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b10(b) of this Agreement shall be deemed to be for the benefit of the directors Board of Directors of the Company, the officers and employees of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 4 contracts
Samples: Auction Agency Agreement (Tortoise Energy Infrastructure Corp), Underwriting Agreement (Tortoise Energy Infrastructure Corp), Tortoise Energy Capital Corp
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Partnership Entities and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company and the Underwriters Partnership Parties contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the CompanyGeneral Partner, the officers of the Company General Partner who have signed the Registration Statement and any person controlling the Company Partnership within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 4 contracts
Samples: Underwriting Agreement (Noble Midstream Partners LP), Underwriting Agreement (Noble Midstream Partners LP), Underwriting Agreement (Noble Midstream Partners LP)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Partnership Parties and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Partnership Parties contained in this Agreement shall also be deemed to be for the benefit of the directors, officers officers, agents and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b7(b) of this Agreement shall be deemed to be for the benefit of the directors and managers of the CompanyPartnership, the officers of the Company Partnership who have signed the Registration Statement and any person controlling the Company Partnership within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 4 contracts
Samples: Underwriting Agreement (NuStar Energy L.P.), Underwriting Agreement (NuStar Energy L.P.), Underwriting Agreement (NuStar Energy L.P.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Partnership, the General Partner, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters BreitBurn Parties contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control controlling any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the CompanyGeneral Partner, the officers of the Company General Partner who have signed the Registration Statement and any person controlling the Company Partnership within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 4 contracts
Samples: Underwriting Agreement (BreitBurn Energy Partners L.P.), Unit Purchase Agreement (BreitBurn Energy Partners L.P.), Underwriting Agreement (BreitBurn Energy Partners L.P.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, the Investment Adviser, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Investment Adviser contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company Underwriters within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b10(b) of this Agreement shall be deemed to be for the benefit of the directors Board of Directors of the Company, the officers and employees of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1516, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 4 contracts
Samples: Transfer Agency Agreement (Tortoise Energy Infrastructure Corp), Underwriting Agreement (Tortoise Energy Infrastructure Corp), Fund Administration Servicing Agreement (Tortoise Energy Capital Corp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Company Company, the Selling Stockholder and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Selling Stockholder contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company Underwriter and each person or persons, if any, who control any the Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters Underwriter contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 4 contracts
Samples: Hanger Orthopedic (Hanger Orthopedic Group Inc), Underwriting Agreement (Ares Corporate Opportunities Fund Lp), Underwriting Agreement (Hanger Orthopedic Group Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Partnership Parties and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Partnership Parties contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b7(b) of this Agreement shall be deemed to be for the benefit of the directors and managers of the CompanyPartnership, the officers of the Company Partnership who have signed the Registration Statement and any person controlling the Company Partnership within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 4 contracts
Samples: Underwriting Agreement (NuStar Energy L.P.), Agreement (NuStar Energy L.P.), Underwriting Agreement (NuStar Energy L.P.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, the Selling Stockholder and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company and the Underwriters Selling Stockholder contained in this Agreement shall also be deemed to be for the benefit of the directors, officers officers, employees and employees selling agents of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors of the Companydirectors, the officers and employees of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1517, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 3 contracts
Samples: Underwriting Agreement (ANTERO RESOURCES Corp), Underwriting Agreement (ANTERO RESOURCES Corp), Underwriting Agreement (ANTERO RESOURCES Corp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Partnership Parties and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company and the Underwriters Partnership Parties contained in this Agreement shall also be deemed to be for the benefit of the directors, officers officers, agents and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b7(b) of this Agreement shall be deemed to be for the benefit of the directors and managers of the CompanyPartnership, the officers of the Company Partnership who have signed the Registration Statement and any person controlling the Company Partnership within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 3 contracts
Samples: Underwriting Agreement (NuStar Energy L.P.), Underwriting Agreement (NuStar Energy L.P.), Underwriting Agreement (NuStar Energy L.P.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company and their respective successorsPartnership Parties. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities indemnitees and agreements of the Company and the Underwriters Partnership Parties contained in this Agreement shall also be deemed to be for the benefit of the directors, officers officers, employees and employees agents of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the CompanyGeneral Partner, the officers of the Company General Partner who signed the Registration Statement who have signed the Registration Statement and any person controlling the Company Partnership within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 3 contracts
Samples: Underwriting Agreement (Rice Midstream Partners LP), Underwriting Agreement (Rice Midstream Partners LP), Underwriting Agreement (Rice Midstream Partners LP)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, the Selling Stockholders and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company and the Underwriters Selling Stockholders contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1517, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 3 contracts
Samples: Underwriting Agreement (Palomar Holdings, Inc.), Underwriting Agreement (Paycom Software, Inc.), Underwriting Agreement (Paycom Software, Inc.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company Transaction Entities and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b10(b) of this Agreement shall be deemed to be for the benefit of the directors of the CompanyTransaction Entities, the officers of the Company who have signed the Registration Statement and any person controlling the Company or the Manager within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1517, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 3 contracts
Samples: Underwriting Agreement (Orchid Island Capital, Inc.), Underwriting Agreement (Orchid Island Capital, Inc.), Letter Agreement (Orchid Island Capital, Inc.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, the Subsidiaries that are parties hereto and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters applicable Subsidiaries contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of each Underwriter and the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1513, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 3 contracts
Samples: Sharing Agreement (Premier Parks Inc), Premier Parks Inc, Six Flags Inc
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, the Guarantors and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Guarantors contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b9(b) of this Agreement shall be deemed to be for the benefit of the directors of the Companydirectors, the officers and employees of the Company who have signed and the Registration Statement Guarantors and any person controlling the Company or any Guarantor within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1516, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 3 contracts
Samples: Underwriting Agreement (Plains Exploration & Production Co), Underwriting Agreement (Plains Exploration & Production Co), Underwriting Agreement (Plains Exploration & Production Co)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, the Selling Shareholders and their respective personal representatives and successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Selling Shareholders contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and the Exchange Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers and Selling Shareholders of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act and the Exchange Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 3 contracts
Samples: Underwriting Agreement (Speedfam International Inc), Speedfam International Inc, Speedfam International Inc
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Partnership Parties and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company and the Underwriters Partnership Parties contained in this Agreement shall also be deemed to be for the benefit of the directors, officers officers, agents and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b7(b) of this Agreement shall be deemed to be for the benefit of the directors and managers of the CompanyPartnership Parties, the officers of the Company Partnership Parties who have signed the Registration Statement and any person controlling the Company Partnership Parties within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 3 contracts
Samples: Underwriting Agreement (NuStar Energy L.P.), Underwriting Agreement (NuStar Energy L.P.), Underwriting Agreement (NuStar Energy L.P.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, the Selling Stockholders and their respective personal representatives and successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Selling Stockholders contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act Act, and (B) the indemnity agreement of the Underwriters contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company or any Selling Stockholder within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 3 contracts
Samples: Underwriting Agreement (U S Interactive Inc/Pa), U S Interactive Inc/Pa, U S Interactive Inc/Pa
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Partnership Parties and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company and the Underwriters Partnership Parties contained in this Agreement shall also be deemed to be for the benefit of the directors, officers officers, employees and employees selling agents of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the CompanyGeneral Partner, the officers of the Company General Partner who have signed the Registration Statement and any person controlling the Company Partnership within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 3 contracts
Samples: Underwriting Agreement (Antero Midstream Partners LP), Underwriting Agreement (Antero Midstream Partners LP), Underwriting Agreement (Antero Resources Midstream LLC)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, FICV and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company and the Underwriters FICV contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 3 contracts
Samples: Underwriting Agreement (Frank's International N.V.), Underwriting Agreement (Frank's International N.V.), Underwriting Agreement (Frank's International N.V.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, the Investment Adviser, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Investment Adviser contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) 9 of this Agreement shall be deemed to be for the benefit of the directors Board of the CompanyDirectors, the officers and employees of the Company who have signed the Registration Statement and the Investment Adviser and any person controlling the Company or the Investment Adviser within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 3 contracts
Samples: Underwriting Agreement (Kayne Anderson MLP Investment CO), Underwriting Agreement (Kayne Anderson MLP Investment CO), Underwriting Agreement (Kayne Anderson MLP Investment CO)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, the Selling Stockholder and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities indemnitees and agreements of the Company and the Underwriters Selling Stockholder contained in this Agreement shall also be deemed to be for the benefit of the directors, officers officers, employees and employees agents of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1517, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 3 contracts
Samples: Underwriting Agreement (Rice Energy Inc.), Underwriting Agreement (Rice Energy Inc.), Underwriting Agreement (Rice Energy Inc.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Partnership Parties and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company and the Underwriters Partnership Parties contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the CompanyPartnership Parties, the officers of the Company General Partner who have signed the Registration Statement and any person controlling the Company Partnership Parties within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Enviva Partners, LP), Management Services Agreement (Enviva Partners, LP)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersInitial Purchasers, the Company Issuers and their respective personal representatives and successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company and the Underwriters Issuers contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and officers, employees of the Underwriters or the Company Initial Purchasers and each person or persons, if any, who control any Underwriter or the Company Initial Purchasers within the meaning of Section 15 of the Securities Act and (Bb) the indemnity agreement of the Underwriters Initial Purchasers contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Companydirectors, the officers of the Company who have signed the Registration Statement officers, employees and any person controlling the Company Issuers within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1513, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Purchase Agreement (CBD Holdings Finance Inc.), Purchase Agreement (CBD Media LLC)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Partnership Parties and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Partnership Parties contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company Underwriters within the meaning of Section 15 of the Securities Act Act, and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors and managers of the CompanyGeneral Partner, the officers of the Company General Partner who have signed the Registration Statement and any person controlling any of the Company Partnership Parties within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Penn Virginia GP Holdings, L.P.), Underwriting Agreement (Penn Virginia GP Holdings, L.P.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, the Selling Unitholders and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Selling Unitholders contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors and managers of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1517, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Valero Gp Holdings LLC), Underwriting Agreement (Valero Gp Holdings LLC)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersInitial Purchaser, the Company Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company and the Underwriters contained in this Agreement shall also be deemed to be for the benefit of the affiliates, directors, officers and employees of the Underwriters or the Company Initial Purchaser and each person or persons, if any, who control any Underwriter or controlling the Company Initial Purchaser within the meaning of Section 15 of the Securities Act and (Bb) the indemnity agreement of by the Underwriters contained Initial Purchaser in Section 8(b) of this Agreement shall be deemed 8 will inure to be for the benefit of the Company’s officers, employees, directors of and controlling persons to the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of extent provided in such Section 15 of the Securities Act8. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1512, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Purchase Agreement, Letter Agreement (Bacterin International Holdings, Inc.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company and their respective representatives and successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of any Underwriter, and the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b10(b) of this Agreement shall be deemed to be for the benefit of the directors directors, officers and employees of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, 14 any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Bakers Footwear Group Inc, Bakers Footwear Group Inc
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, the Selling Shareholder and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company and the Underwriters Selling Shareholder contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any either Underwriter or the Company within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1517, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Kornit Digital Ltd.), Underwriting Agreement (Kornit Digital Ltd.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, the Selling Stockholders and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Selling Stockholders contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b10(b) of this Agreement shall be deemed to be for the benefit of the Selling Stockholders, directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Startek Inc), Underwriting Agreement (Startek Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersPlacement Agents, the Company and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company Placement Agents and each person or persons, if any, who control any Underwriter or the Company Placement Agents within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters Placement Agents contained in Section 8(b7(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1512, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. The term “successors” as used in this Section 12 shall not include any of the Investors.
Appears in 2 contracts
Samples: Placement Agency Agreement (Hana Biosciences Inc), Placement Agency Agreement (Decode Genetics Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company SLG Parties and their respective personal representatives and successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company and the Underwriters SLG Parties contained in this Agreement shall also be deemed to be for the benefit of the directors, directors and officers and employees of the Underwriters or the Company and each any person or persons, if any, who control any Underwriter or the Company Underwriters within the meaning of Section 15 of the Securities Act and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company SLG Parties within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Sl Green Operating Partnership, L.P.), Underwriting Agreement (Sl Green Operating Partnership, L.P.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company Transaction Entities and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) 9 of this Agreement shall be deemed to be for the benefit of the directors of the CompanyTransaction Entities, the officers of the Company who have signed the Registration Statement and any person controlling the Company Transaction Entities within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1516, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Independence Realty Trust, Inc), Equity Underwriting Agreement (Independence Realty Trust, Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, the Selling Shareholder and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company and the Underwriters Selling Shareholder contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1517, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Kornit Digital Ltd.), Underwriting Agreement (Kornit Digital Ltd.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, the Guarantors and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Guarantors contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b9(b) of this Agreement shall be deemed to be for the benefit of the directors of the Companydirectors, the officers and employees of the Company who have signed and the Registration Statement Guarantors and any person controlling the Company and the Guarantors within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1516, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Plains Exploration & Production Co), Underwriting Agreement (Plains Exploration & Production Co)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, the Principal Subsidiary, the Selling Stockholders and their respective personal representatives and successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Selling Stockholders contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Syniverse Holdings Inc), Underwriting Agreement (Syniverse Technologies Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Transaction Entities, and their respective personal representatives and successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company and the Underwriters Transaction Entities contained in this Agreement shall also be deemed to be for the benefit of the directors, directors and officers and employees of the Underwriters or the Company and each any person or persons, if any, who control any Underwriter or the Company Underwriters within the meaning of Section 15 of the Securities Act and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b10(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the and officers of the Company who have signed the Registration Statement and any person controlling the Company Transaction Entities within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1517, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Sl Green Realty Corp), Underwriting Agreement (Sl Green Realty Corp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersRemarketing Agent, the Company and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Ax) the representations, warranties, indemnities and agreements of the Company and the Underwriters contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company Remarketing Agent within the meaning of Section 15 of the Securities Act and (By) the representations, warranties, indemnity and agreement of the Underwriters Remarketing Agent contained in Section 8(b6(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement as defined in Section 2(b)(II)(A) of this Agreement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1512, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Scottish Re Group LTD, Principal Financial Group Inc
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersInitial Purchasers, the Company Company, the Guarantors and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Guarantors contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company Initial Purchaser within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters Initial Purchasers contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the CompanyCompany and the Guarantors, the officers of the Company who have signed and the Registration Statement Guarantors and any person controlling the Company or the Guarantors within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1513, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Corrections Corp of America, Corrections Corp of America
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Company General Partner, the Partnership and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company General Partner and the Underwriters Partnership contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company Underwriter and each person or personsperson, if any, who control any controls the Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters Underwriter contained in Section 8(b) of this Agreement hereof shall also be deemed to be for the benefit of the directors of the CompanyGeneral Partner, the officers of the Company General Partner who have signed the Registration Statement and any person controlling each person, if any, who controls the Company General Partner or the Partnership within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Buckeye Partners L P), Underwriting Agreement (Buckeye Partners L P)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Transaction Entities and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Transaction Entities contained in this Agreement shall also be deemed to be for the benefit of the directorstrustees, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors trustees of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Republic Property Trust), Underwriting Agreement (Republic Property Trust)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Company Company, WP X, WP Partners and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company Company, WP X and the Underwriters WP Partners contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company Underwriter and each person or persons, if any, who control any the Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters Underwriter contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act, WP X and WP Partners. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1517, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Webster Financial Corp), Underwriting Agreement (Warburg Pincus Private Equity X, L.P.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, the Selling Stockholders and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Selling Stockholders contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1517, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Harbinger Group Inc.), Underwriting Agreement (Ntelos Holdings Corp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, the Investment Adviser, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Investment Adviser contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company Underwriters within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b9(b) of this Agreement shall be deemed to be for the benefit of the directors Board of Directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1513, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Auction Agency Agreement (Tortoise Energy Infrastructure Corp), Underwriting Agreement (Tortoise Energy Infrastructure Corp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, the Parent and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company and the Underwriters Parent contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the CompanyCompany and the Parent, the officers of the Company or the Parent who have signed the Registration Statement and any person controlling the Company or the Parent within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (LinnCo LLC), Underwriting Agreement (LinnCo LLC)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Loews Parties, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company and the Underwriters Loews Parties contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement hereof shall also be deemed to be for the benefit of the directors of the CompanyGeneral Partner, the officers of the Company General Partner who have signed the Registration Statement and any person controlling the Company General Partner within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Boardwalk Pipeline Partners, LP), Underwriting Agreement (Boardwalk Pipeline Partners, LP)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company and the Selling Stockholder, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Selling Stockholder contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and Statement, any person controlling the Company within the meaning of Section 15 of the Securities ActAct and the Selling Stockholder. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company NRP Parties and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters NRP Parties contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b9(b) of this Agreement shall be deemed to be for the benefit of the directors of the CompanyNRP Parties, the officers of the Company NRP Parties who have signed the Registration Statement and any person controlling the Company NRP Parties within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1516, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Samples: Underwriting Agreement (Natural Resource Partners Lp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersInitial Purchasers, the Company Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company Initial Purchasers and each person or persons, if any, who control any Underwriter or the Company Initial Purchaser within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters Initial Purchasers contained in Section 8(b9(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers and employees of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Parties and their respective personal representatives and successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company and the Underwriters Parties contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or of the Company Underwriters within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, the Principal Subsidiary and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Principal Subsidiary contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Samples: Underwriting Agreement (Cogent Communications Group Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, the Guarantors and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Guarantors contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b9(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company, the employees of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1516, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, each Selling Stockholder and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company and the Underwriters each Selling Stockholder contained in this Agreement shall also be deemed to be for the benefit of the directors, officers officers, employees and employees agents of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1517, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Company Companies and their respective personal representatives and successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Companies contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and officers, employees of the Underwriters or the Company Underwriter and each person or persons, if any, who control any the Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters Underwriter contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the CompanyCompanies, the officers of the Company Companies who have signed the Registration Statement and any person controlling the Company Companies within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company NRP Parties and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters NRP Parties contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the CompanyNRP Parties, the officers of the Company NRP Parties who have signed the Registration Statement and any person controlling the Company NRP Parties within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Samples: Underwriting Agreement (Natural Resource Partners Lp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Company Company, the Selling Stockholder and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company and the Underwriters Selling Stockholder contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company Underwriter and each person or persons, if any, who control any the Underwriter or the Company within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters Underwriter contained in Section 8(b8(c) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Samples: Viper Energy, Inc.
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Crosstex Parties and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Crosstex Parties contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the CompanyCrosstex Parties, the officers of the Company Crosstex Parties who have signed the Registration Statement and any person controlling the Company Crosstex Parties within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, the Selling Stockholder and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company and the Underwriters Selling Stockholder contained in this Agreement shall also be deemed to be for the benefit of the affiliates, directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b10(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1517, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, the Selling Shareholders and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company and the Underwriters Selling Shareholders contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of each Underwriter, the Underwriters or the Company and each person or persons, if any, who control any each Underwriter or the Company within the meaning of Section 15 of the Securities Act and the Xxxxxx Brothers Entities and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors of the Companydirectors, the officers and employees of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Breitburn Parties, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Breitburn Parties contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control controlling any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the CompanyGeneral Partner, the officers of the Company General Partner who have signed the Registration Statement and any person controlling the Company Partnership within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Samples: Underwriting Agreement (Breitburn Energy Partners LP)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Company Company, the Selling Stockholder and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities indemnitees and agreements of the Company and the Underwriters Selling Stockholder contained in this Agreement shall also be deemed to be for the benefit of the directors, officers officers, employees and employees agents of the Underwriters or the Company Underwriter and each person or persons, if any, who control any the Underwriter or the Company within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters Underwriter contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1516, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company and the Underwriters contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement and the other agreements of the Underwriters contained in this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Samples: Underwriting Agreement (G Iii Apparel Group LTD /De/)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, the Selling Stockholders and their respective successorssuccessors and personal representatives. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Selling Stockholders contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b10(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement Statement, the Selling Stockholders and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Samples: Underwriting Agreement (Esperion Therapeutics Inc/Mi)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, the Operating Partnership, and their respective personal representatives and successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company and the Underwriters Operating Partnership contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b11(c) of this Agreement shall be deemed to be for the benefit of the directors or trustees of the Company, the Operating Partnership, officers of the Company who have signed the Registration Statement and any person controlling the Company and the Operating Partnership within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1517, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersInitial Purchasers, the Company Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Ax) the representations, warranties, indemnities and agreements of the Company and the Underwriters contained in this Agreement shall also be deemed to be for the benefit of the officers, directors, officers employees and employees agents of the Underwriters or Initial Purchasers and the Company and each person or persons, if any, who control any Underwriter or the Company Initial Purchasers within the meaning of Section 15 of the Securities Act and (By) the indemnity agreement of the Underwriters Initial Purchasers contained in Section 8(b9(b) of this Agreement shall be deemed to be for the benefit of the officers and directors of the CompanyCompany and the person or persons, the officers of the Company if any, who have signed the Registration Statement and any person controlling control the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, the Selling Shareholders and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Selling Shareholders contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company Underwrites and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1516, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Samples: Underwriting Agreement (Universal American Financial Corp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, the Selling Shareholders and their respective personal representatives and successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Selling Shareholders contained in this Agreement shall also be deemed to be for the benefit of each officer, employee or director of an Underwriter and the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b11(c) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 16 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1516, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, the Operating Partnership and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company and the Underwriters Operating Partnership contained in this Agreement shall also be deemed to be for the benefit of the directors, officers officers, affiliates and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement hereof shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Samples: Underwriting Agreement (Four Corners Property Trust, Inc.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, and their respective successors; provided that Section 6 of this Agreement shall be binding upon Comverse and its successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Comverse contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b9(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Samples: Underwriting Agreement (Ulticom Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Company Company, the Selling Stockholder and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Selling Stockholder contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters Underwriter contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors of the CompanyCompany and the Selling Stockholder, the officers of the Company who have signed the Registration Statement and officers of the Selling Stockholder and any person controlling the Company or the Selling Stockholder within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters its subsidiaries contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the CompanyCompany and the General Partner, the officers of the Company who have signed the Registration Statement and any person controlling the Company Company, the General Partner or the Operating Partnership within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Samples: Douglas Emmett Inc
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters contained in this Agreement shall also be deemed to be for the benefit of the affiliates, directors, officers officers, members and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b9(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1516, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Selling Stockholders, the Company, and their respective personal representatives and successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Selling Stockholders contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company or a Selling Stockholder within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1516, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Company Company, the Selling Shareholder and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Selling Shareholder contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company Underwriter and each person or persons, if any, who control any the Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters Underwriter contained in Section 8(b9(c) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, the Guarantors and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Ai) the representations, warranties, indemnities and agreements in Section 9 hereof of the Company and the Underwriters Guarantors contained in this Agreement shall also be deemed to be for the benefit of the directorsofficers, officers directors and employees of the Underwriters or and the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (Bii) the indemnity agreement indemnities and agreements in Section 9 hereof of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Companydirectors, the trustees, officers and employees of the Company who have signed and the Registration Statement Guarantors and any person controlling the Company or the Guarantors within the meaning of Section 15 of the Securities Act. Nothing contained in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersInitial Purchasers, the Company Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters contained in this Agreement shall also be deemed to be for the benefit of the directors, officers officers, employees and employees Participating Affiliates of the Underwriters or the Company Initial Purchasers and each person or persons, if any, who control controlling any Underwriter or the Company Initial Purchaser within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters Initial Purchasers contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the and officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, the Selling Shareholders and their respective personal representatives and successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Selling Shareholders contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers and Selling Shareholders of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Samples: Underwriting Agreement (Speedfam International Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Alliance Parties and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Alliance Parties contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b8(c) of this Agreement shall be deemed to be for the benefit of the directors and managers of the CompanyAlliance Parties, the officers of the Company Alliance Parties who have signed the Registration Statement and any person controlling the Company Alliance Parties within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Samples: Underwriting Agreement (Alliance Holdings GP, L.P.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Transaction Entities, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Transaction Entities contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Samples: Underwriting Agreement (Dupont Fabros Technology, Inc.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Company Company, the Selling Stockholders and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company and the Underwriters Selling Stockholders contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company Underwriter and each person or persons, if any, who control any the Underwriter or the Company within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters Underwriter contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1517, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Samples: Underwriting Agreement (Mbia Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company and their respective personal Representatives and successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company and the Underwriters contained in this Agreement shall also be deemed to be for the benefit of the affiliates, directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1517, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Samples: Underwriting Agreement (WildHorse Resource Development Corp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Samples: Sequoia Software Corp
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Partnership Parties and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company and the Underwriters Partnership Parties contained in this Agreement shall also be deemed to be for the benefit of the directors, officers officers, agents and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b7(b) of this Agreement shall be deemed to be for the benefit of the directors and managers of the CompanyPartnership Parties, the officers of the Company Partnership Parties who have signed the Registration Statement and any person controlling the Company Partnership Parties within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Company Company, the Selling Shareholders and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Selling Shareholders contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company Underwriter and each person or persons, if any, who control any controls the Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters Underwriter contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1517, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Company Company, the Selling Stockholder and their respective personal representatives and successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Selling Stockholder contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company Underwriter and each person or persons, if any, who control any the Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters Underwriter contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1517, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Samples: Underwriting Agreement (Biote Corp.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersInitial Purchaser, the Company Issuers and the Guarantor and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company Issuers and the Underwriters Guarantor contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company Initial Purchaser within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters Initial Purchaser contained in Section 8(b8(c) of this Agreement shall be deemed to be for the benefit of the directors of the Company, Issuers and the officers of the Company who have signed the Registration Statement Guarantor and any person controlling any Issuer or the Company Guarantor within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1512, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Samples: Osullivan Industries Virginia Inc
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersInitial Purchasers, the Company Company, the Guarantors and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Guarantors contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of each Initial Purchaser and the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company Initial Purchaser within the meaning of Section 15 of the Securities Act and (B) the any indemnity agreement of the Underwriters Initial Purchasers contained in Section 8(b7(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the and officers of the Company who have signed the Registration Statement and any person controlling the Company and the Guarantors within the meaning of Section 15 of the Securities Act. Nothing contained in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Samples: Purchase Agreement (L 3 Communications Holdings Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company and their respective personal representatives and successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company and the Underwriters contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b10(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1517, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, the Adviser, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company Company, KACALP and the Underwriters Adviser contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company Underwriters within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b10(b) of this Agreement shall be deemed to be for the benefit of the directors Board of Directors of the Company, the officers and employees of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Samples: Kayne Anderson MLP Investment CO
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersInitial Purchasers, the Company Company, the Guarantors and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Guarantors contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of each Initial Purchaser and the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company Initial Purchaser within the meaning of Section 15 of the Securities Act and (B) the any indemnity agreement of the Underwriters Initial Purchasers contained in Section 8(b7(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the and officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing contained in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1512, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, the Issuer, the Guarantors and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company Company, the Issuer and the Underwriters Guarantors contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors directors, officers of each of the Company, the officers of Issuer and the Company who have signed the Registration Statement Guarantors and any person controlling the Company Company, the Issuer and the Guarantors within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersInitial Purchaser, the Company Company, the Trust and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Trust contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or Initial Purchaser and the Company and each person or persons, if any, who control any Underwriter or the Company Initial Purchaser within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and (B) the indemnity agreement representations, warranties, indemnities and agreements of the Underwriters Initial Purchaser contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors directors, officers and employees of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act. Nothing contained in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1511, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Samples: Purchase Agreement (Washington Mutual Capital Trust 2001)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, the Operating Partnership, and their respective personal representatives and successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company and the Underwriters Operating Partnership contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b11(c) of this Agreement shall be deemed to be for the benefit of the directors or trustees of the Company, the Operating Partnership, officers of the Company who have signed the Registration Statement and any person controlling the Company and the Operating Partnership within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company Company, the Selling Shareholder and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters Selling Shareholder contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1517, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Samples: OneBeacon Insurance Group, Ltd.
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company CDM Parties and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Underwriters CDM Parties contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters or the Company and each person or persons, if any, who control any Underwriter or the Company within the meaning of Section 15 of the Securities Act Act, and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors and managers of the CompanyGeneral Partner, the officers of the Company General Partner who have signed the Registration Statement and any person controlling any of the Company CDM Parties within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
