Common use of Representations and Warranties Regarding Brokers and Others Clause in Contracts

Representations and Warranties Regarding Brokers and Others. The Company and the Investors each represent and warrant to the other of them that nobody acted as a broker, a finder or in any similar capacity in connection with the transactions that are the subject of this Agreement, except that Sandler X’Xxxxx & Partners, L.P. acted as financial adviser to the Company (there may be a finder with regard to sales of Common Stock to some Other Investors, who will be entitled to a fee from the Company equal to 1% of the purchase price paid by those Other Investors). The Company will pay all the fees and other charges of Sandler X’Xxxxx & Partners, L.P. The Company indemnifies the Investors and agrees to hold each of them harmless from, and the Investors jointly and severally indemnify the Company, against and agree to hold the Company harmless from, all losses, liabilities and expenses (including, but not limited to, reasonable fees and expenses of counsel and costs of investigation) incurred because of any claim by anyone for compensation as a broker, a finder or in any similar capacity by reason of services allegedly rendered to the indemnifying party or its subsidiaries in connection with the transactions which are the subject of this Agreement.

Representations and Warranties Regarding Brokers and Others. The Company and the Investors each represent and warrant to the other of them that nobody acted as a broker, a finder or in any similar capacity in connection with the transactions that are the subject of this Agreement, except that Sandler X’Xxxxx & Partners, L.P. acted as financial adviser to the Company (there may be a finder with regard to sales of Common Stock to some Other Investors, who will be entitled to a fee from the Company equal to 1% of the purchase price paid by those Other Investors). The Company will pay all the fees and other charges of Sandler X’Xxxxx & Partners, L.P. The Company indemnifies the Investors and agrees to hold each of them harmless from, and the Investors jointly each Investor, severally and severally indemnify not jointly, the Company, against and agree agrees to hold the Company harmless from, all losses, liabilities and expenses (including, but not limited to, reasonable fees and expenses of counsel and costs of investigation) incurred because of any claim by anyone for compensation as a broker, a finder or in any similar capacity by reason of services allegedly rendered to the indemnifying party or its subsidiaries in connection with the transactions which are the subject of this Agreement.

Representations and Warranties Regarding Brokers and Others. The Company and the Investors each represent and warrant to the other of them that nobody acted as a broker, a finder or in any similar capacity in connection with the transactions that are the subject of this Agreement, except that Sandler X’Xxxxx & Partners, L.P. acted as financial adviser to the Company (there may be a finder with regard to sales of Common Stock to some Other Investors, who will be entitled to a fee from the Company equal to 1% of the purchase price paid by those Other Investors). The Company will pay all the fees and other charges of Sandler X’Xxxxx & Partners, L.P. The Company indemnifies the Investors and agrees to hold each of them harmless from, and the Investors jointly each Investor, severally and severally indemnify not jointly, indemnifies the Company, against and agree agrees to hold the Company harmless from, all losses, liabilities and expenses (including, but not limited to, reasonable fees and expenses of counsel and costs of investigation) incurred because of any claim by anyone for compensation as a broker, a finder or in any similar capacity by reason of services allegedly rendered to the indemnifying party or its subsidiaries in connection with the transactions which are the subject of this Agreement.

Representations and Warranties Regarding Brokers and Others. The Company and the Investors Investor each represent and warrant to the other of them that nobody acted as a broker, a finder or in any similar capacity in connection with the transactions that are the subject of this the Investor’s Subscription Agreement, except that Sandler X’Xxxxx & Partners, L.P. acted as financial adviser to the Company (and there may be a finder with regard to sales of Common Stock to some Other Investors, who will be entitled to a fee from the Company equal to 1% of the purchase price paid by those Other Investors). The Company will pay all the fees and other charges of Sandler X’Xxxxx & Partners, L.P. The Company indemnifies the Investors Investor and agrees to hold each of them it harmless from, and the Investors jointly and severally indemnify Investor indemnifies the Company, against and agree agrees to hold the Company harmless from, all losses, liabilities and expenses (including, but not limited to, reasonable fees and expenses of counsel and costs of investigation) incurred because of any claim by anyone for compensation as a broker, a finder or in any similar capacity by reason of services allegedly rendered to the indemnifying party or its subsidiaries in connection with the transactions which are the subject of this the Investor’s Subscription Agreement.