Common use of Securities Act Registration Statements Clause in Contracts

Securities Act Registration Statements. Except for securities of the Company registered on Form S-4 or Form S-8 promulgated under the Securities Act or any successor forms thereto, the Company shall not file any registration statement under the Securities Act covering any securities unless it shall first have given the Holders written notice thereof. In connection with any registration statement referred to in this Section 8.5, ----------- the Company will indemnify, to the extent permitted by law, each Holder, its partners, officers and directors and each person, if any, who controls such Holder within the meaning of Section 15 of the Securities Act, against all losses, claims, damages, liabilities and expenses caused by any untrue statement or alleged untrue statement of a material fact contained in any registration statement or prospectus or any preliminary prospectus or any amendment thereof or supplement thereto or caused by any omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading, except insofar as such losses, claims, damages, liabilities or expenses are caused by any untrue statement or alleged untrue statement or omission or alleged omission contained in written information furnished to the Company by such Holder for use in such registration statement. If, in connection with any such registration statement, a Holder shall furnish written information to the Company for use in the registration statement, such Holder will indemnify, to the extent permitted by law, the Company, its directors, each of its officers who sign such registration statement and each person, if any, who controls the Company within the meaning of the Securities Act against all losses, claims, damages, liabilities and expenses caused by any untrue statement or alleged untrue statement of a material fact or any omission or alleged omission of a material fact required to be stated in the registration statement or prospectus or any preliminary prospectus or any amendment thereof or supplement thereto or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or alleged untrue statement or such omission or alleged omission is contained in information so furnished in writing by such Holder for use therein.

Securities Act Registration Statements. Except for securities of the -------------------------------------- Company registered on Form S-4 or Form S-8 promulgated under the Securities Act or any successor forms theretoExcluded Forms, the Company shall not file any registration statement under the Securities Act covering any securities unless it shall first have given the Holders Purchaser written notice thereof. The Company further covenants that the Purchaser shall have the right, at any time when it may be deemed by the Company to be a controlling person of the Company, to participate in the preparation of such registration statement and to request the insertion therein of material furnished to the Company in writing which in the Purchaser's judgment should be included. In connection with any registration statement referred to in this Section 8.55, ----------- the Company will indemnify, to the extent permitted by law, each Holderthe Purchaser, its their partners, officers and directors and each person, if any, who controls such Holder the Purchaser within the meaning of Section 15 of the Securities Act, against all losses, claims, damages, liabilities and expenses caused by any untrue statement or alleged untrue statement of a material fact contained in any registration statement or prospectus or any preliminary prospectus or any amendment thereof thereto or supplement thereto or caused by any omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading, except insofar as such losses, claims, damages, liabilities or expenses are caused by any untrue statement or alleged untrue statement or omission or alleged omission contained in written information furnished to the Company by such Holder the Purchaser expressly for use in such registration statement. If, in connection with any such registration statement, a Holder the Purchaser shall furnish written information to the Company expressly for use in the registration statement, such Holder the Purchaser will indemnify, indemnify to the extent permitted by law, law the Company, its the directors, each of its officers who sign such registration statement and each person, if any, who controls the Company within the meaning of the Securities Act against all losses, claims, damages, liabilities and expenses caused by any untrue statement or alleged untrue statement of a material fact or any omission or alleged omission of a material fact required to be stated in the registration statement or prospectus or any preliminary prospectus or any amendment thereof or supplement thereto or necessary to make the statements statement therein not misleading, but buy only to the extent that such untrue statement or alleged untrue statement or such omission or alleged omission is contained in information so furnished in writing by such Holder the Purchaser for use therein. In the event that the Purchaser sells Common Stock pursuant to a registration statement filed by the Company the Purchaser shall furnish to the Company and such other parties as the Company may designate such information and execute such documents regarding the Common Stock held by and to be sold or otherwise disposed of by such Purchaser as the Company shall request.

Securities Act Registration Statements. Except for -------------------------------------- securities of the Company registered on Form S-4 or Form S-8 promulgated under the Securities Act or any successor forms thereto, the Company shall not file any registration statement under the Securities Act covering any securities unless it shall first have given the Holders Investor written notice thereof. In connection with any registration statement referred to in this Section 8.56.11, ----------- the Company will indemnify, to the extent permitted by law, each Holderthe Investor, its partners, officers and directors and each person, if any, who controls such Holder the Investor within the meaning of Section 15 of the Securities Act, against all losses, claims, damages, liabilities and expenses caused by any untrue statement or alleged untrue statement of a material fact contained in any registration statement or prospectus or any preliminary prospectus or any amendment thereof or supplement thereto or caused by any omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading, except insofar as such losses, claims, damages, liabilities or expenses are caused by any untrue statement or alleged untrue statement or omission or alleged omission contained in written information furnished to the Company by such Holder Investor for use in such registration statement. If, in connection with any such registration statement, a Holder the Investor shall furnish written information to the Company expressly for use in the registration statement, such Holder the Investor will indemnify, to the extent permitted by law, the Company, its directors, each of its officers who sign such registration statement and each person, if any, who controls the Company within the meaning of the Securities Act against all losses, claims, damages, liabilities and expenses caused by any untrue statement or alleged untrue statement of a material fact or any omission or alleged omission of a material fact required to be stated in the registration statement or prospectus or any preliminary prospectus or any amendment thereof or supplement thereto or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or alleged untrue statement or such omission or alleged omission is contained in information so furnished in writing by such Holder Investor for use therein, provided, however, that in no case shall the Investor be liable or responsible for any amount in excess of the net amount of proceeds (after taking into account underwriters' discounts and commissions) actually received by the Investor from the sale of securities pursuant to such registration statement, prospectus or preliminary prospectus.

Securities Act Registration Statements. Except for securities Holdings covenants that it shall not, and shall cause each of the Company registered on Form S-4 or Form S-8 promulgated under the Securities Act or any successor forms theretoits Subsidiaries not to, the Company shall not file any registration statement under the Securities Act covering any securities unless it shall first have given the Holders to each Investor 20 days written notice thereof. Holdings further covenants that each Investor shall have the right, at any time when it may reasonably be deemed by such Investor or Holdings or any of its Subsidiaries to be a controlling person of Holdings or any of its Subsidiaries, to participate in the preparation of such registration statement (regardless of whether or not an Investor will be a selling security holder in connection with such registration statement) and to request the insertion therein of material furnished to Holdings or any of its Subsidiaries in writing which in such Investor's reasonable judgment should be included. In connection with any registration statement referred to in this Section 8.5paragraph 4M, ----------- the Company Holdings will indemnify, to the extent permitted by law, indemnify each HolderInvestor, its partners, officers and directors and each person, if any, who controls such Holder Investor within the meaning of Section 15 of the Securities ActAct (collectively, the "Investor Parties"), against all losses, claims, damages, liabilities and expenses caused by any untrue statement or alleged untrue statement of a material fact contained in any registration statement or prospectus or any preliminary prospectus or any amendment thereof or supplement thereto or caused by any omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading, except insofar as such losses, claims, damages, liabilities or expenses are caused by any untrue statement or alleged untrue statement or omission or alleged omission contained in written information furnished to the Company Holdings or any of its Subsidiaries by such Holder Investor Parties expressly for use in such registration statement. If, in connection with any such registration statement, a Holder such Investor Parties shall furnish written information to the Company Holdings or any of its Subsidiaries expressly for use in the registration statement, such Holder Investor will indemnify, to the extent permitted by law, the Companyindemnify Holdings, its directors, each of its officers who sign signs such registration statement and each person, if any, who controls the Company Holdings within the meaning of the Securities Act against all losses, claims, damages, liabilities and expenses caused by any untrue statement or alleged untrue statement of a material fact or any omission or alleged omission of a material fact required to be stated in the registration statement or prospectus or any preliminary prospectus or any amendment thereof or supplement thereto or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or alleged untrue statement or such omission or alleged omission is contained in information so furnished in writing by such Holder Investor for use therein. The provisions of this paragraph 4M are in addition to, and not in limitation of, the provisions of the Shareholder Agreement.

Securities Act Registration Statements. Except for securities The Company covenants that it -------------------------------------- shall not, and shall cause each of the Company registered on Form S-4 or Form S-8 promulgated under the Securities Act or any successor forms theretoits Subsidiaries not to, the Company shall not file any registration statement under the Securities Act covering any securities unless it shall first have given the Holders to each Investor 20 days written notice thereof. The Company further covenants that each Investor shall have the right, at any time when it may reasonably be deemed by such Investor or the Company or any of its Subsidiaries to be a controlling person of the Company or any of its Subsidiaries, to participate in the preparation of such registration statement (regardless of whether or not an Investor will be a selling security holder in connection with such registration statement) and to request the insertion therein of material furnished to the Company or any of its Subsidiaries in writing which in such Investor's reasonable judgment should be included. In connection with any registration statement referred to in this Section 8.5paragraph 5K, ----------- the Company will indemnify, to the extent permitted by law, indemnify each HolderInvestor, its partners, officers and directors and each person, if any, who controls such Holder Investor within the meaning of Section 15 of the Securities ActAct (collectively, the "Investor Parties"), against all ---------------- losses, claims, damages, liabilities and expenses caused by any untrue statement or alleged untrue statement of a material fact contained in any registration statement or prospectus or any preliminary prospectus or any amendment thereof or supplement thereto or caused by any omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading, except insofar as such losses, claims, damages, liabilities or expenses are caused by any untrue statement or alleged untrue statement or omission or alleged omission contained in written information furnished to the Company or any of its Subsidiaries by such Holder Investor Parties expressly for use in such registration statement. If, in connection with any such registration statement, a Holder such Investor Parties shall furnish written information to the Company or any of its Subsidiaries expressly for use in the registration statement, such Holder Investor will indemnify, to the extent permitted by law, indemnify the Company, its directors, each of its officers who sign signs such registration statement and each person, if any, who controls the Company within the meaning of the Securities Act against all losses, claims, damages, liabilities and expenses caused by any untrue statement or alleged untrue statement of a material fact or any omission or alleged omission of a material fact required to be stated in the registration statement or prospectus or any preliminary prospectus or any amendment thereof or supplement thereto or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or alleged untrue statement or such omission or alleged omission is contained in information so furnished in writing by such Holder Investor for use therein. The provisions of this paragraph 5K are in addition to, and not in limitation of, the provisions of the Registration Rights Agreement.

Securities Act Registration Statements. Except for securities The Company covenants that the Purchaser shall have the right, at any time when it may be deemed to be a controlling person of the Company registered on Form S-4 Company, to participate in the preparation of such registration statement (regardless of whether or Form S-8 promulgated under not the Securities Act or any successor forms thereto, Purchaser will be a selling security holder in connection with such registration statement) and to request the insertion therein of material furnished to the Company shall not file any registration statement under in writing which in the Securities Act covering any securities unless it shall first have given the Holders written notice thereofPurchaser's judgment should be included. In connection with any registration statement referred to in this Section 8.5Paragraph 5H, ----------- the Company will indemnify, to indemnify the extent permitted by law, each HolderPurchaser, its partnersmembers, officers and directors and each person, if any, who controls such Holder the Purchaser within the meaning of Section 15 of the Securities Act, against all losses, claims, damages, liabilities and expenses caused by any untrue statement or alleged untrue statement of a material fact contained in any registration statement or prospectus or any preliminary prospectus or any amendment thereof or supplement thereto or caused by any omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein therein, in light of the circumstances under which they were made, not misleading, except insofar as such losses, claims, damages, liabilities or expenses are caused by any untrue statement or alleged untrue statement or omission or alleged omission contained in written information furnished to the Company by such Holder the Purchaser expressly for use in such registration statement. If, in connection with any such registration statement, a Holder the Purchaser shall furnish written information to the Company expressly for use in the registration statement, such Holder the Purchaser will indemnify, to the extent permitted by law, indemnify the Company, its directors, each of its officers who sign signs such registration statement and each person, if any, who controls the Company within the meaning of the Securities Act against all losses, claims, damages, liabilities and expenses caused by any untrue statement or alleged untrue statement of a material fact or any omission or alleged omission of a material fact required to be stated in the registration statement or prospectus or any preliminary prospectus or any amendment thereof thereto or supplement thereto or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or alleged untrue statement or such omission or alleged omission is contained in information so furnished in writing by such Holder the Purchaser for use therein.

Securities Act Registration Statements. Except for securities The Company covenants that the Purchaser shall have the right, at any time when it may be deemed to be a controlling person of the Company, to participate in the preparation of any underwritten registration statement of the Company registered on Form S-4 (regardless of whether or Form S-8 promulgated under not the Securities Act or any successor forms thereto, Purchaser will be a selling security holder in connection with such registration statement) and to request the insertion therein of material furnished to the Company shall not file any registration statement under in writing that in the Securities Act covering any securities unless it shall first have given the Holders written notice thereofPurchaser's judgment should be included. In connection with any such registration statement referred to in this Section 8.5, ----------- the Company will indemnify, to the extent permitted by law, each Holderindemnify Purchaser, its partnersmembers, officers and directors and each person, if any, who controls such Holder the Purchaser within the meaning of Section 15 of the Securities Act, against all losses, claims, damages, liabilities and expenses caused by any untrue statement or alleged untrue statement of a material fact contained in any registration statement or prospectus or any preliminary prospectus or any amendment thereof or supplement thereto or caused by any omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein therein, in light of the circumstances under which they were made, not misleading, except insofar as such losses, claims, damages, liabilities or expenses are caused by any untrue statement or alleged untrue statement or omission or alleged omission contained in written information furnished to the Company by such Holder Purchaser expressly for use in such registration statement. If, in connection with any such registration statement, a Holder Purchaser shall furnish written information to the Company expressly for use in the registration statement, such Holder Purchaser will indemnify, to the extent permitted by law, indemnify the Company, its directors, each of its officers who sign signs such registration statement and each person, if any, who controls the Company within the meaning of the Securities Act against all losses, claims, damages, liabilities and expenses caused by any untrue statement or alleged untrue statement of a material fact or any omission or alleged omission of a material fact required to be stated in the registration statement or prospectus or any preliminary prospectors or any amendment thereto or supplement thereto or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or alleged untrue statement or such omission or alleged omission attributable to written information to the Company expressly for use in the registration statement, Purchaser will indemnify the Company, its directors, each of its officers who signs such registration statement and each person, if any, who controls the Company within the meaning of the Securities Act against all losses, claims, damages, liabilities and expenses caused by any untrue statement or alleged untrue statement of a material fact or any omission or alleged omission of a material fact required to be stated in the registration statement or prospectus or any preliminary prospectus or any amendment thereof thereto or supplement thereto or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or alleged untrue statement or such omission or alleged omission is contained in attributable to information so furnished in writing by such Holder the Purchaser for use therein.

Securities Act Registration Statements. Except for securities The Company covenants that ACH shall have the right, at any time when it may be deemed to be a controlling person of the Company, to participate in the preparation of any underwritten registration statement of the Company registered on Form S-4 (regardless of whether or Form S-8 promulgated under not ACH will be a selling security holder in connection with such registration statement) and to request the Securities Act or any successor forms thereto, insertion therein of material furnished to the Company shall not file any registration statement under the Securities Act covering any securities unless it shall first have given the Holders written notice thereofin writing that in ACH's judgment should be included. In connection with any such registration statement referred to in this Section 8.5, ----------- the Company will indemnify, to the extent permitted by law, each Holderindemnify ACH, its partnersmembers, officers and directors and each person, if any, who controls such Holder ACH within the meaning of Section 15 of the Securities Act, against all losses, claims, damages, liabilities and expenses caused by any untrue statement or alleged untrue statement of a material fact contained in any registration statement or prospectus or any preliminary prospectus or any amendment thereof or supplement thereto or caused by any omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein therein, in light of the circumstances under which they were made, not misleading, except insofar as such losses, claims, damages, liabilities or expenses are caused by any untrue statement or alleged untrue statement or omission or alleged omission contained in written information furnished to the Company by such Holder ACH expressly for use in such registration statement. If, in connection with any such registration statement, a Holder ACH shall furnish written information to the Company expressly for use in the registration statement, such Holder ACH will indemnify, to the extent permitted by law, indemnify the Company, its directors, each of its officers who sign signs such registration statement and each person, if any, who controls the Company within the meaning of the Securities Act against all losses, claims, damages, liabilities and expenses caused by any untrue statement or alleged untrue statement of a material fact or any omission or alleged omission of a material fact required to be stated in the registration statement or prospectus or any preliminary prospectus or any amendment thereof or supplement thereto or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or alleged untrue statement or such omission or alleged omission is contained in information so furnished in writing by such Holder for use therein.within

Securities Act Registration Statements. Except for securities of the Company registered on Form S-4 or Form S-8 promulgated under the Securities Act or any successor forms thereto, the Company shall not file any registration statement under the Securities Act covering any securities unless it shall first have given the Holders Investors written notice thereof. In connection with any registration statement referred to in this Section 8.57.4, ----------- the Company will indemnify, to the extent permitted by law, each HolderInvestor, its partners, officers and directors and each person, if any, who controls such Holder Investor within the meaning of Section 15 of the Securities Act, against all losses, claims, damages, liabilities and expenses caused by any untrue statement or alleged untrue statement of a material fact contained in any registration statement or prospectus or any preliminary prospectus or any amendment thereof or supplement thereto or caused by any omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading, except insofar as such losses, claims, damages, liabilities or expenses are caused by any untrue statement or alleged untrue statement or omission or alleged omission contained in written information furnished to the Company by such Holder Investor for use in such registration statement. If, in connection with any such registration statement, a Holder an Investor shall furnish written information to the Company for use in the registration statement, such Holder Investor will indemnify, to the extent permitted by law, the Company, its directors, each of its officers who sign such registration statement and each person, if any, who controls the Company within the meaning of the Securities Act against all losses, claims, damages, liabilities and expenses caused by any untrue statement or alleged untrue statement of a material fact or any omission or alleged omission of a material fact required to be stated in the registration statement or prospectus or any preliminary prospectus or any amendment thereof or supplement thereto or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or alleged untrue statement or such omission or alleged omission is contained in information so furnished in writing by such Holder Investor for use therein.

Securities Act Registration Statements. Except for securities of the -------------------------------------- Company registered on Form S-4 or Form S-8 promulgated under the Securities Act or any successor forms theretoExcluded Forms, the Company shall not file any registration statement under the Securities Act covering any securities unless it shall first have given the Holders each Purchaser written notice thereof. The Company further covenants that each Purchaser shall have the right, at any time when it may be deemed by the Company to be a controlling person of the Company, to participate in the preparation of such registration statement and to request the insertion therein of material furnished to the Company in writing which in such Purchaser's judgment should be included. In connection with any registration statement referred to in this Section 8.55, ----------- the Company will indemnify, to the extent permitted by law, each HolderPurchaser, its their partners, officers and directors and each person, if any, who controls such Holder Purchaser within the meaning of Section 15 of the Securities Act, against all losses, claims, damages, liabilities and expenses caused by any untrue statement or alleged untrue statement of a material fact contained in any registration statement or prospectus or any preliminary prospectus or any amendment thereof thereto or supplement thereto or caused by any omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading, except insofar as such losses, claims, damages, liabilities or expenses are caused by any untrue statement or alleged untrue statement or omission or alleged omission contained in written information furnished to the Company by such Holder Purchaser expressly for use in such registration statement. If, in connection with any such registration statement, a Holder such Purchaser shall furnish written information to the Company expressly for use in the registration statement, such Holder Purchaser will indemnify, indemnify to the extent permitted by law, law the Company, its the directors, each of its officers who sign such registration statement and each person, if any, who controls the Company within the meaning of the Securities Act against all losses, claims, damages, liabilities and expenses caused by any untrue statement or alleged untrue statement of a material fact or any omission or alleged omission of a material fact required to be stated in the registration statement or prospectus or any preliminary prospectus or any amendment thereof or supplement thereto or necessary to make the statements statement therein not misleading, but buy only to the extent that such untrue statement or alleged untrue statement or such omission or alleged omission is contained in information so furnished in writing by such Holder Purchaser for use therein. Any Purchaser selling Common Stock pursuant to a registration statement filed by the Company shall furnish to the Company and such other parties as the Company may designate such information and execute such documents regarding the Common Stock held by and to be sold or otherwise disposed of by such Purchaser as the Company shall request.

Securities Act Registration Statements. Except for securities of the Company Corporation registered on Form S-4 or Form S-8 promulgated under the Securities Act or any successor forms thereto, the Company Corporation shall not file any registration statement under the Securities Act covering any securities unless it shall first have given each Investor that may be deemed to be a controlling person of the Holders Corporation written notice thereof. The Corporation further covenants that each Investor shall have the right, at any time when it may be deemed to be a controlling person of the Corporation, to participate in the preparation of such registration statement. In connection with any registration statement referred to in this Section 8.57.3, ----------- the Company Corporation will indemnify, to the extent permitted by law, each HolderInvestor that may be deemed to be a controlling person of the Corporation, its partners, officers and directors and each person, if any, who controls such Holder Investor within the meaning of Section 15 of the Securities Act, against all losses, claims, damages, liabilities and expenses caused by any untrue statement or alleged untrue statement of a material fact contained in any registration statement or prospectus or any preliminary prospectus or any amendment thereof or supplement thereto or caused by any omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading, except insofar as such losses, claims, damages, liabilities or expenses are caused by any untrue statement or alleged untrue statement or omission or alleged omission contained in written information furnished to the Company Corporation by such Holder Investor for use in such registration statement. If, in connection with any such registration statement, a Holder an Investor shall furnish written information to the Company Corporation for use in the registration statement, such Holder Investor will indemnify, to the extent permitted by law, the CompanyCorporation, its directors, each of its officers who sign such registration statement and each person, if any, who controls the Company Corporation within the meaning of the Securities Act against all losses, claims, damages, liabilities and expenses caused by any untrue statement or alleged untrue statement of a material fact or any omission or alleged omission of a material fact required to be stated in the registration statement or prospectus or any preliminary prospectus or any amendment thereof or supplement thereto or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or alleged untrue statement or such omission or alleged omission is contained in or omitted from information so furnished in writing by such Holder Investor for use therein.

Securities Act Registration Statements. Except for securities of the Company registered on Form S-4 or Form S-8 promulgated under the Securities Act or any successor forms thereto, the The Company shall not file any registration statement under the Securities Act covering any securities unless it shall first have given the Holders Lender written notice thereof. The Company further covenants that the Lender shall have the right, at any time when in its sole and exclusive judgment exercised in good faith it is or might be deemed to be a controlling person of the Company, to participate in the preparation of such registration statement and to request the insertion therein of material furnished to the Company in writing which in the Lender's judgment should be included. In connection with any 29 30 registration statement referred to in Section 8 or this Section 8.59, ----------- the Company will indemnify, to the extent permitted by law, each Holder, its partners, officers and directors and each person, if any, who controls such Holder within the meaning of Section 15 of the Securities Act, Lender against all losses, claims, damages, liabilities and expenses caused by any untrue statement or alleged untrue statement of a material fact contained in any registration statement or prospectus or any preliminary prospectus or any amendment thereof or supplement thereto or caused by any omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading, except insofar as such losses, claims, damages, liabilities or expenses are caused by any untrue statement or alleged untrue statement or omission or alleged omission contained in written information furnished to the Company by such Holder the Lender expressly for use in such registration statement. If, in connection with any such registration statement, a Holder the Lender shall furnish written information to the Company expressly for use in the registration statement, such Holder the Lender will indemnify, indemnify to the extent permitted by law, the Company, its directors, each of its officers who sign such registration statement and each person, if any, who controls the Company within the meaning of the Securities Act against all losses, claims, damages, liabilities and expenses caused by any untrue statement or alleged untrue statement of a material fact or any omission or alleged omission of a material fact required to be stated in the registration statement or prospectus or any preliminary prospectus or any amendment thereof or supplement thereto or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or alleged untrue statement or such omission or alleged omission is contained in information so furnished in writing by such Holder the Lender for use therein.

Securities Act Registration Statements. Except for -------------------------------------- securities of the Company registered on Form S-4 or Form S-8 promulgated under the Securities Act or any successor forms thereto, the Company shall not file any registration statement under the Securities Act covering any securities unless it shall first have given the Holders Investors written notice thereof. In connection with any registration statement referred to in this Section 8.56.6, ----------- the Company will indemnify, to the extent permitted by law, each HolderInvestor, its partners, officers and directors and each person, if any, who controls such Holder Investor within the meaning of Section 15 of the Securities Act, against all losses, claims, damages, liabilities and expenses caused by any untrue statement or alleged untrue statement of a material fact contained in any registration statement or prospectus or any preliminary prospectus or any amendment thereof or supplement thereto or caused by any omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading, except insofar as such losses, claims, damages, liabilities or expenses are caused by any untrue statement or alleged untrue statement or omission or alleged omission contained in written information furnished to the Company by such Holder Investor for use in such registration statement. If, in connection with any such registration statement, a Holder an Investor shall furnish written information to the Company for use in the registration statement, such Holder Investor will indemnify, to the extent permitted by law, the Company, its directors, each of its officers who sign such registration statement and each person, if any, who controls the Company within the meaning of the Securities Act against all losses, claims, damages, liabilities and expenses caused by any untrue statement or alleged untrue statement of a material fact or any omission or alleged omission of a material fact required to be stated in the registration statement or prospectus or any preliminary prospectus or any amendment thereof or supplement thereto or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or alleged untrue statement or such omission or alleged omission is contained in information so furnished in writing by such Holder Investor for use therein, provided, however, that in no case shall any Investor be liable or responsible for any amount in excess of the net amount of proceeds (after taking into account underwriters' discounts and commissions) actually received by such Investor from the sale of securities pursuant to such registration statement, prospectus or preliminary prospectus.

Securities Act Registration Statements. Except for securities The Company covenants that the Purchaser shall have the right, at any time when it may be deemed to be a controlling person of the Company registered on Form S-4 Company, to participate in the preparation of such registration statement (regardless of whether or Form S-8 promulgated under not the Securities Act or any successor forms thereto, Purchaser will be a selling security holder in connection with such registration statement) and to request the insertion therein of material furnished to the Company shall not file any registration statement under in writing which in the Securities Act covering any securities unless it shall first have given the Holders written notice thereofPurchaser's judgment should be included. In connection with any registration statement referred to in this Section 8.5Paragraph 5H, ----------- the Company will indemnify, to indemnify the extent permitted by law, each HolderPurchaser, its partnersmembers, officers and directors and each person, if any, who controls such Holder the Purchaser within the meaning of Section 15 of the Securities Act, against all losses, claims, damages, liabilities and expenses caused by any untrue statement or alleged untrue statement of a material fact contained in any registration statement or prospectus or any preliminary prospectus or any amendment thereof or supplement thereto or caused by any omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein therein, in light of the circumstances under which they were made, not misleading, except insofar as such losses, claims, damages, liabilities or expenses are caused by any untrue statement or alleged untrue statement or omission or alleged omission contained in written information furnished to the Company by such Holder the Purchaser expressly for use in such registration statement. If, in connection with any such registration statement, a Holder the Purchaser shall furnish written information to the Company expressly for use in the registration statement, such Holder the Purchaser will indemnify, to the extent permitted by law, indemnify the Company, its directors, each of its officers who sign signs such registration statement and each person, if any, who controls the Company within the meaning of the Securities Act against all losses, claims, damages, liabilities and expenses caused by any untrue statement or alleged untrue statement of a material fact or any omission or alleged omission of a material fact required to be stated in the registration statement or prospectus or any preliminary prospectus or any amendment thereof or supplement thereto or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or alleged untrue statement or such omission or alleged omission is contained in information so furnished in writing by such Holder for use therein.or

Securities Act Registration Statements. Except for securities of the Company registered on Form S-4 or Form S-8 S- 8 promulgated under the Securities Act or any successor forms thereto, the Company shall not file any registration statement under the Securities Act covering any securities unless it shall first have given the Holders Investors written notice thereof. In connection with any registration statement referred to in this Section 8.57.4, ----------- the Company will indemnify, to the extent permitted by law, each HolderInvestor, its partners, officers and directors and each person, if any, who controls such Holder Investor within the meaning of Section 15 of the Securities Act, against all losses, claims, damages, liabilities and expenses caused by any untrue statement or alleged untrue statement of a material fact contained in any registration statement or prospectus or any preliminary prospectus or any amendment thereof or supplement thereto or caused by any omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading, except insofar as such losses, claims, damages, liabilities or expenses are caused by any untrue statement or alleged untrue statement or omission or alleged omission contained in written information furnished to the Company by such Holder Investor for use in such registration statement. If, in connection with any such registration statement, a Holder an Investor shall furnish written information to the Company for use in the registration statement, such Holder Investor will indemnify, to the extent permitted by law, the Company, its directors, each of its officers who sign such registration statement and each person, if any, who controls the Company within the meaning of the Securities Act against all losses, claims, damages, liabilities and expenses caused by any untrue statement or alleged untrue statement of a material fact or any omission or alleged omission of a material fact required to be stated in the registration statement or prospectus or any preliminary prospectus or any amendment thereof or supplement thereto or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or alleged untrue statement or such omission or alleged omission is contained in information so furnished in writing by such Holder Investor for use therein.

Securities Act Registration Statements. Except for securities of the -------------------------------------- Company registered on Form S-4 or Form S-8 promulgated under the Securities Act or any successor forms theretoExcluded Forms, the Company shall not file any registration statement under the Securities Act covering any securities unless it shall first have given the Holders each Purchaser written notice thereof. The Company further covenants that each Purchaser shall have the right, at any time when it may be deemed by the Company to be a controlling person of the Company, to participate in the preparation of such registration statement and to request the insertion therein of material furnished to the Company in writing which in each Purchaser's judgment should be included. In connection with any registration statement referred to in this Section 8.55, ----------- the Company will indemnify, to the extent permitted by law, each Holderthe Purchaser, its their partners, officers and directors and each person, if any, who controls such Holder Purchaser within the meaning of Section 15 of the Securities Act, against all losses, claims, damages, liabilities and expenses caused by any untrue statement or alleged untrue statement of a material fact contained in any registration statement or prospectus or any preliminary prospectus or any amendment thereof thereto or supplement thereto or caused by any omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading, except insofar as such losses, claims, damages, liabilities or expenses are caused by any untrue statement or alleged untrue statement or omission or alleged omission contained in written information furnished to the Company by such Holder Purchaser expressly for use in such registration statement. If, in connection with any such registration statement, a Holder such Purchaser shall furnish written information to the Company expressly for use in the registration statement, such Holder Purchaser will indemnify, indemnify to the extent permitted by law, law the Company, its the directors, each of its officers who sign such registration statement and each person, if any, who controls the Company within the meaning of the Securities Act against all losses, claims, damages, liabilities and expenses caused by any untrue statement or alleged untrue statement of a material fact or any omission or alleged omission of a material fact required to be stated in the registration statement or prospectus or any preliminary prospectus or any amendment thereof or supplement thereto or necessary to make the statements statement therein not misleading, but buy only to the extent that such untrue statement or alleged untrue statement or such omission or alleged omission is contained in information so furnished in writing by such Holder Purchaser for use therein. In the event that any Purchaser selling Common Stock pursuant to a registration statement filed by the Company shall furnish to the Company and such other parties as the Company may designate such information and execute such documents regarding the Common Stock held by and to be sold or otherwise disposed of by such Purchaser as the Company shall request.