Common use of Section Indemnification Clause in Contracts

Section Indemnification. (a) The Issuer agrees to indemnify and hold harmless each Holder of Registrable Units, the officers, directors, employees and agents of each such Person, and each Person, if any, who controls any such Person within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act (each, a “Participant”), from and against any and all losses, claims, damages and liabilities (including, without limitation, the reasonable legal fees and other reasonable expenses actually incurred in connection with any suit, action or proceeding or any claim asserted) caused by, arising out of or based upon any untrue statement or alleged untrue statement of a material fact contained in any Registration Statement or Prospectus (as amended or supplemented if the Issuer shall have furnished any amendments or supplements thereto) or caused by, arising out of or based upon any omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, except insofar as such losses, claims, damages or liabilities are caused by any untrue statement or omission or alleged untrue statement or omission made in reliance upon and in conformity with information relating to any Participant furnished to the Issuer in writing by or on behalf of such Participant expressly for use therein.

Section Indemnification. (a) The Issuer agrees to indemnify and hold harmless each Holder of Registrable Units, the officers, directors, employees and agents of each such Person, and each Person, if any, who controls any such Person within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act (each, a “"Participant”"), from and against any and all losses, claims, damages and liabilities (including, without limitation, the reasonable legal fees and other reasonable expenses actually incurred in connection with any suit, action or proceeding or any claim asserted) caused by, arising out of or based upon any untrue statement or alleged untrue statement of a material fact contained in any Registration Statement or Prospectus (as amended or supplemented if the Issuer shall have furnished any amendments or supplements thereto) or caused by, arising out of or based upon any omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, except insofar as such losses, claims, damages or liabilities are caused by any untrue statement or omission or alleged untrue statement or omission made in reliance upon and in conformity with information relating to any Participant furnished to the Issuer in writing by or on behalf of such Participant expressly for use therein.

Section Indemnification. (a) The Issuer Company agrees to indemnify and hold harmless each Holder of Registrable UnitsHolder, the officers, its directors, employees and agents of each such Person, officers and each Person, if any, who controls any such Person Holder (within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act (each, a “Participant”Act), from and against any and all losses, claims, damages and liabilities damages, liabilities, judgments, (including, including without limitation, the reasonable any legal fees and or other reasonable expenses actually incurred in connection with investigating or defending any suitmatter, including any action that could give rise to any such losses, claims, damages, liabilities or proceeding or any claim assertedjudgments) caused by, arising out of or based upon by any untrue statement or alleged untrue statement of a material fact contained in any Registration Statement Statement, preliminary prospectus or Prospectus (as amended or supplemented if the Issuer shall have furnished any amendments amendment or supplements supplement thereto) provided by the Company to any Holder or any prospective purchaser of Series B Notes or registered Series A Notes, or caused by, arising out of or based upon by any omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, therein not misleading, except insofar as such losses, claims, damages damages, liabilities or liabilities judgments are caused by any an untrue statement or omission or alleged untrue statement or omission made in reliance that is based upon and in conformity with information relating to any Participant of the Holders furnished in writing to the Issuer in writing Company by or on behalf any of such Participant expressly for use thereinthe Holders.