Common use of Persons Entitled to Benefit of Agreement Clause in Contracts

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company, the Selling Securityholders and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock from any of the several Underwriters.

Appears in 57 contracts

Samples: Underwriting Agreement (Esps Inc), First Consulting (First Consulting Group Inc), Underwriting Agreement (Logisticare Inc)

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Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Company and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company, the Selling Securityholders Company and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock from any of the several Underwriters.

Appears in 50 contracts

Samples: Underwriting Agreement (Kinzan Com), Underwriting Agreement (Aerogen Inc), Underwriting Agreement (Coolsavings Com Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Company and the several Underwriters and, with respect to the provisions of Section 7 9 hereof, the several parties (in addition to the Company, the Selling Securityholders Company and the several Underwriters) indemnified under the provisions of said Section 79, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock Shares from any of the several Underwriters.

Appears in 17 contracts

Samples: Underwriting Agreement (Innova Corporation), Underwriting Agreement (Innova Corporation), Underwriting Agreement (Showpower Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Stockholders and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company, the Selling Securityholders Stockholders and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock from any of the several Underwriters.

Appears in 8 contracts

Samples: Selling Stockholders (Spectrx Inc), Underwriting Agreement (Renaissance Solutions Inc), Underwriting Agreement (Atmi Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Company and the several Underwriters and, with respect to the provisions of Section 7 6 hereof, the several parties (in addition to the Company, the Selling Securityholders Company and the several Underwriters) indemnified under the provisions of said Section 76, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock shares from any of the several Underwriters.

Appears in 8 contracts

Samples: Underwriting Agreement (Be Inc), Merge Technologies Inc, Physician Support Systems Inc

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company, the Selling Securityholders and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock shares from any of the several Underwriters.

Appears in 5 contracts

Samples: Underwriting Agreement (Physicians Speciality Corp), Underwriting Agreement (Lifecodes Corporation), Underwriting Agreement (Sano Corp)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Securityholder and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company, the Selling Securityholders Securityholder and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock from any of the several Underwriters.

Appears in 5 contracts

Samples: Underwriting Agreement (Plug Power Inc), Underwriting Agreement (Elastic Networks Inc), Chips And (Chips & Technologies Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Company and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company, the Selling Securityholders Company and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock Shares from any of the several Underwriters.

Appears in 3 contracts

Samples: Underwriting Agreement (Lifeminders Com Inc), Underwriting Agreement (Viryanet LTD), Hub International LTD

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Company and the several Underwriters and, with respect to the provisions of Section 7 8 hereof, the several parties (in addition to the Company, the Selling Securityholders Company and the several Underwriters) indemnified under the provisions of said Section 78, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock Shares from any of the several Underwriters.

Appears in 3 contracts

Samples: Underwriting Agreement (Trimeris Inc), Underwriting Agreement (Trimeris Inc), Hub International LTD

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Company and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company, the Selling Securityholders Company and the several Underwriters) 17 indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock from any of the several Underwriters.

Appears in 2 contracts

Samples: Underwriting Agreement (Quotesmith Com Inc), Underwriting Agreement (Quotesmith Com Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company, the Selling Securityholders Company and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock from any of the several Underwriters.

Appears in 2 contracts

Samples: Ansoft Corp, Ansoft Corp

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Company and the several Underwriters and, with respect to the provisions of 23 24 Section 7 9 hereof, the several parties (in addition to the Company, the Selling Securityholders Company and the several Underwriters) indemnified under the provisions of said Section 79, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock Shares from any of the several Underwriters.

Appears in 2 contracts

Samples: Micro Therapeutics Inc, Micro Therapeutics Inc

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Company and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company, the Selling Securityholders Company and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchasersuch, of any of the Stock from any of the several Underwriters.

Appears in 2 contracts

Samples: Underwriting Agreement (Arqule Inc), Epix Medical Inc

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders and the several Underwriters and, with respect to the provisions of Section 7 8 hereof, the several parties (in addition to the Company, the Selling Securityholders and the several Underwriters) indemnified under the provisions of said Section 78, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock from any of the several Underwriters.

Appears in 2 contracts

Samples: Macrovision Corp, Macrovision Corp

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company, the Selling Securityholders and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchasersuch, of any of the Stock from any of the several Underwriters.

Appears in 2 contracts

Samples: Underwriting Agreement (Arqule Inc), Underwriting Agreement (Arqule Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Company and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company, the Selling Securityholders Company and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock from any of the several Underwriters.

Appears in 2 contracts

Samples: Underwriting Agreement (Headway Technologies Inc), Underwriting Agreement (Management Network Group Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Company and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company, the Selling Securityholders Company and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock from any of the several Underwriters. 13.

Appears in 2 contracts

Samples: Sangstat Medical Corp, Coulter Pharmaceuticals Inc

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Principal Stockholder and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company, the Selling Securityholders Principal Stockholder and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock from any of the several Underwriters.

Appears in 2 contracts

Samples: Network Solutions Inc /De/, Network Solutions Inc /De/

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Company and the several Underwriters and, with respect to the provisions of Section 4 and Section 7 hereofof this Agreement, the several parties (in addition to the Company, the Selling Securityholders Company and the several Underwriters) indemnified under the provisions of said Section 4 and Section 7, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock Shares from any of the several Underwriters.

Appears in 2 contracts

Samples: Financial Consulting Agreement (Intra Asia Entertainment Corp), Creative Master International Inc

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Shareholders and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company, the Selling Securityholders Shareholders and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock from any of the several Underwriters.

Appears in 1 contract

Samples: Best Software Inc

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders and the several Underwriters International Managers and, with respect to the provisions of Section 7 6 hereof, the several parties (in addition to the Company, the Selling Securityholders and the several UnderwritersInternational Managers) indemnified under the provisions of said Section 76, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock from any of the several UnderwritersInternational Managers.

Appears in 1 contract

Samples: Underwriting Agreement (4front Technologies Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Securityholder and the several Underwriters and, with respect to the provisions of Section 7 10 hereof, the several parties (in addition to the Company, the Selling Securityholders Securityholder and the several Underwriters) indemnified under the provisions of said Section 710, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock Shares from any of the several Underwriters.

Appears in 1 contract

Samples: Underwriting Agreement (Minimed Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company, the Selling Securityholders and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" assigns as herein used shall not include any purchaser, as such purchaser, of any of the Stock from any of the several Underwriters.

Appears in 1 contract

Samples: Underwriting Agreement (F5 Networks Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, Company and the Selling Securityholders and the several Underwriters and, with respect to the provisions of Section 7 9 hereof, the several parties (in addition to the Company, Company and the Selling Securityholders and the several Underwriters) indemnified under the provisions of said Section 79, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock Shares from any of the several Underwriters.

Appears in 1 contract

Samples: Underwriting Agreement (New Era of Networks Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Securityholder and the several Underwriters and, with respect to the provisions of Section 7 9 hereof, the several parties (in addition to the Company, the Selling Securityholders Securityholder and the several Underwriters) indemnified under the provisions of said Section 79, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock Shares from any of the several Underwriters.

Appears in 1 contract

Samples: Lazare Kaplan International Inc

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Warburg Pincus and the several Underwriters and, with respect to the provisions of Section 7 and Section 14 hereof, the several parties (in addition to the Company, the Selling Securityholders Warburg Pincus and the several Underwriters) indemnified under the provisions of said Section 77 and Section 14, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock from any of the several Underwriters.

Appears in 1 contract

Samples: Wright Medical Group Inc

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders and Investment Adviser, the several Underwriters Underwriter and, with respect to the provisions of Section 7 hereof, including without limitation Section 7(e) hereof, the several parties (in addition to the Company, the Selling Securityholders Company and the several UnderwritersUnderwriter) indemnified under the provisions of said such Section 7, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock Preferred Shares from any of the several UnderwritersUnderwriter.

Appears in 1 contract

Samples: First American (First American Minnesota Municipal Income Fund Ii Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the CompanyUnderwriters, the Company and each Selling Securityholders and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company, the Selling Securityholders and the several Underwriters) indemnified under the provisions of said Section 7, Stockholder and their respective personal representatives, successors and assignsassigns and, to the extent expressed herein, for the benefit of the controlling persons of the Underwriters, the Company or each Selling Stockholder, and officers and directors of the Company and each Selling Stockholder. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock Shares from any of the several UnderwritersUnderwriter.

Appears in 1 contract

Samples: Underwriting Agreement (Mama's Creations, Inc.)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Stockholder and the several Underwriters and, with respect to the provisions of Section 7 11 hereof, the several parties (in addition to the Company, the Selling Securityholders Stockholder and the several Underwriters) indemnified under the provisions of said Section 711, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock Shares from any of the several Underwriters.

Appears in 1 contract

Samples: Cn Biosciences Inc

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Security holders and the several Underwriters and, with respect to the provisions of Section 7 8 hereof, the several parties (in addition to the Company, the Selling Securityholders Security holders and the several Underwriters) indemnified under the provisions of said Section 78, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock from any of the several Underwriters.

Appears in 1 contract

Samples: Underwriting Agreement (Qualix Group Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, each of the Selling Securityholders Shareholders and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company, each of the Selling Securityholders Shareholders and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock Shares from any of the several Underwriters.

Appears in 1 contract

Samples: National Information Consortium

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Stockholder and the several Underwriters and, with respect to the provisions of Section 4 and Section 7 hereofof this Agreement, the several parties (in addition to the Company, the Selling Securityholders Stockholder and the several Underwriters) indemnified under the provisions of said Section 4 and Section 7, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock Shares from any of the several Underwriters.

Appears in 1 contract

Samples: Creative Master International Inc

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Stockholders and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company, Company and the Selling Securityholders Stockholders, and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock shares from any of the several Underwriters.

Appears in 1 contract

Samples: Asi Solutions Inc

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Securityholder and the several Underwriters and, with respect to the provisions of Section 7 VIII hereof, the several parties (in addition to the Company, the Selling Securityholders Securityholder and the several Underwriters) indemnified under the provisions of said Section 7VIII, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock Shares from any of the several Underwriters.

Appears in 1 contract

Samples: Underwriting Agreement (Digene Corp)

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Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company, the Selling Securityholders and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock from any of the several Underwriters. 13.

Appears in 1 contract

Samples: Simione Central Holdings Inc

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Securityholder and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company, the Selling Securityholders Securityholder and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock Shares from any of the several Underwriters.

Appears in 1 contract

Samples: Underwriting Agreement (Isky Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders and the several Underwriters and, with respect to the provisions of Section 7 10 hereof, the several parties (in addition to the Company, the Selling Securityholders and the several Underwriters) indemnified under the provisions of said Section 710, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock Shares from any of the several Underwriters.

Appears in 1 contract

Samples: Underwriting Agreement (Advanced Energy Industries Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Securityholder and the several Underwriters and, with respect to the provisions of Section Sections 7 and 8 hereof, the several parties (in addition to the Company, the Selling Securityholders Securityholder and the several Underwriters) indemnified under the provisions of said Section 7Sections 7 and 8, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock from any of the several Underwriters.

Appears in 1 contract

Samples: Underwriting Agreement (Apropos Technology Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the each Selling Securityholders Stockholder and the several Underwriters and, with respect to the provisions of Section 7 and Section 14 hereof, the several parties (in addition to the Company, the Selling Securityholders Stockholders and the several Underwriters) indemnified under the provisions of said Section 77 and Section 14, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock from any of the several Underwriters.

Appears in 1 contract

Samples: Wright Medical Group Inc

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Company and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company, Summit Partners, the Selling Securityholders Founders and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock from any of the several Underwriters.

Appears in 1 contract

Samples: Stride & Associates Inc

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Shareholders and the several Underwriters and, with respect to the provisions of Section 7 9 hereof, the several parties (in addition to the Company, the Selling Securityholders Shareholders and the several Underwriters) indemnified under the provisions of said Section 79, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock Shares from any of the several Underwriters.

Appears in 1 contract

Samples: Nyfix Inc

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Stockholders and the several Underwriters and, with respect to the provisions of Section 7 10 hereof, the several parties (in addition to the Company, the Selling Securityholders Stockholders and the several Underwriters) indemnified under the provisions of said Section 710, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock Shares from any of the several Underwriters, other than any purchasers whom participate in the underwriting syndicate for the public offering.

Appears in 1 contract

Samples: Underwriting Agreement (Signature Eyewear Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Security holders and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company, the Selling Securityholders Security holders and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock from any of the several Underwriters.

Appears in 1 contract

Samples: Underwriting Agreement (1 800 Contacts Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the each Selling Securityholders Stockholder and the several Underwriters and, with respect to the provisions of Section 4 and Section 7 hereofof this Agreement, the several parties (in addition to the Company, the each Selling Securityholders Stockholder and the several Underwriters) indemnified under the provisions of said Section 4 and Section 7, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock Shares from any of the several Underwriters.

Appears in 1 contract

Samples: Creative Master International Inc

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Company and the several Underwriters and, with respect to the provisions of Section Sections 7 and 8 hereof, the several parties (in addition to the Company, the Selling Securityholders Company and the several Underwriters) indemnified under the provisions of said Section 7Sections 7 and 8, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock from any of the several Underwriters.

Appears in 1 contract

Samples: Underwriting Agreement (Liveperson Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Company -------- (5) Will confirm with E&Y. and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company, the Selling Securityholders Company and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock from any of the several Underwriters.

Appears in 1 contract

Samples: BMJ Medical Management Inc

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Stockholder and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company, the Selling Securityholders Stockholder and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchasersuch, of any of the Stock from any of the several Underwriters.

Appears in 1 contract

Samples: Underwriting Agreement (Epix Medical Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall ---------------------------------------- inure to the benefit of the Company, the Selling Securityholders and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company, the Selling Securityholders and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock from any of the several Underwriters.

Appears in 1 contract

Samples: Underwriting Agreement (Preview Travel Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Company and the several Underwriters and, with respect to the provisions of Section 4, Section 7 hereofand Section 14 of this Agreement, the several parties (in addition to the Company, the Selling Securityholders Company and the several Underwriters) indemnified under the provisions of said Section 74, Section 7 and Section 14, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock Securities from any of the several Underwriters.

Appears in 1 contract

Samples: Underwriting Agreement (Sforza Enterprises Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Company and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company, the Selling Securityholders Company and the several Underwriters) indemnified entitled to indemnification or contribution under the provisions of said Section 7, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock Underwritten Shares from any of the several Underwriters.

Appears in 1 contract

Samples: Fashionmall Com Inc

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company, the Selling Securityholders and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock Shares from any of the several Underwriters.

Appears in 1 contract

Samples: Lifeminders Com Inc

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, Company and the Selling Securityholders Stockholders and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company, the Selling Securityholders Stockholders and the several Underwriters) indemnified under the provisions of said Section 7, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock from any of the several Underwriters. 13.

Appears in 1 contract

Samples: Star Telecommunications Inc

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Shareholders and the several Underwriters and, with respect to the provisions of Section 7 9 hereof, the several parties (in addition to the Company, the Selling Securityholders selling Shareholders and the several Underwriters) indemnified under the provisions of said Section 79, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock Shares from any of the several Underwriters.

Appears in 1 contract

Samples: Underwriting Agreement (Seec Inc)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and shall be binding upon the CompanyPlacement Agent, the Selling Securityholders and the several Underwriters and, with respect to the provisions of Section 7 hereof, the several parties (in addition to the Company, the Selling Securityholders and the several Underwriters) indemnified under the provisions of said Section 7, Company and their respective personal representatives, successors and assignsassigns and the controlling persons, officers and directors referred to in Section 6. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation corporation, other than the persons, firms or corporations mentioned in the preceding sentence, any legal or equitable remedy or claim under or in respect of this Agreement Agreement, or any provision herein contained, except pursuant to the terms of the Subscription Agreements. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any purchaser of the Stock from any Securities by reason merely of the several Underwriterssuch purchase.

Appears in 1 contract

Samples: Placement Agency Agreement (LIGHTBRIDGE Corp)

Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of the Company, the Selling Securityholders Company and the several Underwriters and, with respect to the provisions of Section 4 and Section 7 hereofof this Agreement, the several parties (in addition to the Company, the Selling Securityholders Company and the several Underwriters) indemnified under the provisions of said Section 4 and Section 7, and their respective personal representatives, successors and assigns. Nothing in this Agreement is intended or shall be construed to give to any other person, firm or corporation any legal or equitable remedy or claim under or in respect of this Agreement or any provision herein contained. The term "successors and assigns" as herein used shall not include any purchaser, as such purchaser, of any of the Stock Securities from any of the several Underwriters.

Appears in 1 contract

Samples: Kani Inc

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