Common use of Securities Act Registration Statements Clause in Contracts

Securities Act Registration Statements. The Company covenants -------------------------------------- that it shall not, and shall cause each of its Subsidiaries not to, file any registration statement under the Securities Act covering any securities unless it shall first have given 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 paragraph 6M, the Company will indemnify each Investor, its partners, officers and directors and each person, if any, who controls such Investor within the meaning of Section 15 of the Securities Act (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 Investor Parties expressly for use in such registration statement. If, in connection with any such registration statement, such Investor Parties shall furnish written information to the Company or any of its Subsidiaries expressly for use in the registration statement, such Investor 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 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 Investor for use therein. The provisions of this paragraph 6M are in addition to, and not in limitation of, the provision of the registration Rights Agreement.

Securities Act Registration Statements. The Except for securities of the Company covenants -------------------------------------- that it registered on Form S-4 or Form S-8 promulgated under the Securities Act or any successor forms thereto, the Company shall not, and shall cause each of its Subsidiaries not to, file any registration statement under the Securities Act covering any securities unless it shall first have given to each Investor 20 days the Holders 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 paragraph 6MSection 8.5, ----------- the Company will indemnify indemnify, to the extent permitted by law, each InvestorHolder, its partners, officers and directors and each person, if any, who controls such Investor Holder within the meaning of Section 15 of the Securities Act (collectively, the "Investor -------- Parties")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 or any of its Subsidiaries by such Investor Parties expressly Holder for use in such registration statement. If, in connection with any such registration statement, such Investor Parties a Holder shall furnish written information to the Company or any of its Subsidiaries expressly for use in the registration statement, such Investor Holder will indemnify indemnify, to the extent permitted by law, the Company, its directors, each of its officers who signs 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 Investor Holder for use therein. The provisions of this paragraph 6M are in addition to, and not in limitation of, the provision of the registration Rights Agreement.

Securities Act Registration Statements. The Company covenants -------------------------------------- that it shall not, and shall cause each of its Subsidiaries not to, file any registration statement under the Securities Act covering any securities unless it shall first have given to each Investor 20 days the Lender written notice thereof. The Company further covenants that each Investor the Lender shall have the right, at any time when in its sole and exclusive judgment exercised in good faith it may reasonably is or might 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 SubsidiariesCompany, 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 Investorthe Lender's reasonable judgment should be included. In connection with any 29 30 registration statement referred to in Section 8 or this paragraph 6MSection 9, the Company will indemnify each Investorindemnify, its partners, officers and directors and each person, if any, who controls such Investor within to the meaning of Section 15 of the Securities Act (collectivelyextent permitted by law, the "Investor -------- Parties"), 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 or any of its Subsidiaries by such Investor Parties the Lender expressly for use in such registration statement. If, in connection with any such registration statement, such Investor Parties the Lender shall furnish written information to the Company or any of its Subsidiaries expressly for use in the registration statement, such Investor the Lender will indemnify to the extent permitted by law, the Company, its directors, each of its officers who signs 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 Investor the Lender for use therein. The provisions of this paragraph 6M are in addition to, and not in limitation of, the provision of the registration Rights Agreement.

Securities Act Registration Statements. The Company Holdings covenants -------------------------------------- that it shall not, and shall cause each of its Subsidiaries not to, file any registration statement under the Securities Act covering any securities unless it shall first have given to each Investor 20 days written notice thereof. The Company Holdings further covenants that each Investor shall have the right, at any time when it may reasonably be deemed by such Investor or the Company Holdings or any of its Subsidiaries to be a controlling person of the Company 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 the Company 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 paragraph 64M, the Company Holdings will indemnify each Investor, its partners, officers and directors and each person, if any, who controls such Investor within the meaning of Section 15 of the Securities Act (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 Investor Parties expressly for use in such registration statement. If, in connection with any such registration statement, such Investor Parties shall furnish written information to the Company Holdings or any of its Subsidiaries expressly for use in the registration statement, such Investor will indemnify the CompanyHoldings, its directors, each of its officers who 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 Investor for use therein. The provisions of this paragraph 64M are in addition to, and not in limitation of, the provision provisions of the registration Rights Shareholder Agreement.

Securities Act Registration Statements. The Except for -------------------------------------- securities of the Company covenants -------------------------------------- that it registered on Form S-4 or Form S-8 promulgated under the Securities Act or any successor forms thereto, the Company shall not, and shall cause each of its Subsidiaries not to, file any registration statement under the Securities Act covering any securities unless it shall first have given to each the 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 paragraph 6MSection 6.11, the Company will indemnify each indemnify, to the extent permitted by law, the Investor, its partners, officers and directors and each person, if any, who controls such the Investor within the meaning of Section 15 of the Securities Act (collectively, the "Investor -------- Parties")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 or any of its Subsidiaries by such Investor Parties expressly for use in such registration statement. If, in connection with any such registration statement, such the Investor Parties shall furnish written information to the Company or any of its Subsidiaries expressly for use in the registration statement, such the Investor will indemnify indemnify, to the extent permitted by law, the Company, its directors, each of its officers who signs 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 Investor for use therein. The provisions of this paragraph 6M are , provided, however, that in addition to, and not no case shall the Investor be liable or responsible for any amount in limitation of, the provision 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 Rights Agreementstatement, prospectus or preliminary prospectus.

Securities Act Registration Statements. The Company covenants -------------------------------------- that it shall not, and shall cause each of its Subsidiaries not to, file any registration statement under the Securities Act covering any securities unless it shall first have given to each Investor 20 days written notice thereof. The Company further covenants that each Investor Purchaser 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 SubsidiariesCompany, to participate in the preparation of such any underwritten registration statement of the Company (regardless of whether or not an Investor the 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 or any of its Subsidiaries in writing which that in such Investorthe Purchaser's reasonable judgment should be included. In connection with any such registration statement referred to in this paragraph 6M, the Company will indemnify each InvestorPurchaser, its partnersmembers, officers and directors and each person, if any, who controls such Investor the Purchaser within the meaning of Section 15 of the Securities Act (collectively, the "Investor -------- Parties")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 or any of its Subsidiaries by such Investor Parties Purchaser expressly for use in such registration statement. If, in connection with any such registration statement, such Investor Parties Purchaser shall furnish written information to the Company or any of its Subsidiaries expressly for use in the registration statement, such Investor 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 prospectors 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 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 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 information so furnished in writing by such Investor the Purchaser for use therein. The provisions of this paragraph 6M are in addition to, and not in limitation of, the provision of the registration Rights Agreement.

Securities Act Registration Statements. The Company covenants -------------------------------------- that it shall not, and shall cause each of its Subsidiaries not to, file any registration statement under the Securities Act covering any securities unless it shall first have given to each Investor 20 days written notice thereof. The Company further covenants that each Investor Purchaser 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 SubsidiariesCompany, to participate in the preparation of such registration statement (regardless of whether or not an Investor the 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 or any of its Subsidiaries in writing which in such Investorthe Purchaser's reasonable judgment should be included. In connection with any registration statement referred to in this paragraph 6MParagraph 5H, the Company will indemnify each Investorthe Purchaser, its partnersmembers, officers and directors and each person, if any, who controls such Investor the Purchaser within the meaning of Section 15 of the Securities Act (collectively, the "Investor -------- Parties")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 or any of its Subsidiaries by such Investor Parties the Purchaser expressly for use in such registration statement. If, in connection with any such registration statement, such Investor Parties the Purchaser shall furnish written information to the Company or any of its Subsidiaries expressly for use in the registration statement, such Investor the 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 omission untrue statement 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 Investor for use therein. The provisions of this paragraph 6M are in addition to, and not in limitation of, the provision of the registration Rights Agreement.or

Securities Act Registration Statements. The Company covenants -------------------------------------- that it shall not, and shall cause each of its Subsidiaries not to, file any registration statement under the Securities Act covering any securities unless it shall first have given to each Investor 20 days written notice thereof. The Company further covenants that each Investor ACH 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 SubsidiariesCompany, to participate in the preparation of such any underwritten registration statement of the Company (regardless of whether or not an Investor ACH 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 that in such InvestorACH's reasonable judgment should be included. In connection with any such registration statement referred to in this paragraph 6M, the Company will indemnify each InvestorACH, its partnersmembers, officers and directors and each person, if any, who controls such Investor ACH within the meaning of Section 15 of the Securities Act (collectively, the "Investor -------- Parties")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 or any of its Subsidiaries by such Investor Parties ACH expressly for use in such registration statement. If, in connection with any such registration statement, such Investor Parties ACH shall furnish written information to the Company or any of its Subsidiaries expressly for use in the registration statement, such Investor ACH 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 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 Investor for use therein. The provisions of this paragraph 6M are in addition to, and not in limitation of, the provision of the registration Rights Agreement.within

Securities Act Registration Statements. The Company covenants -------------------------------------- that it -------------------------------------- shall not, and shall cause each of its Subsidiaries not to, file any registration statement under the Securities Act covering any securities unless it shall first have given 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 paragraph 6M5K, the Company will indemnify each Investor, its partners, officers and directors and each person, if any, who controls such Investor within the meaning of Section 15 of the Securities Act (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 Investor Parties expressly for use in such registration statement. If, in connection with any such registration statement, such Investor Parties shall furnish written information to the Company or any of its Subsidiaries expressly for use in the registration statement, such Investor 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 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 Investor for use therein. The provisions of this paragraph 6M 5K are in addition to, and not in limitation of, the provision provisions of the registration Registration Rights Agreement.

Securities Act Registration Statements. The Company covenants -------------------------------------- that it shall not, and shall cause each of its Subsidiaries not to, file any registration statement under the Securities Act covering any securities unless it shall first have given to each Investor 20 days written notice thereof. The Company further covenants that each Investor Purchaser 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 SubsidiariesCompany, to participate in the preparation of such registration statement (regardless of whether or not an Investor the 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 or any of its Subsidiaries in writing which in such Investorthe Purchaser's reasonable judgment should be included. In connection with any registration statement referred to in this paragraph 6MParagraph 5H, the Company will indemnify each Investorthe Purchaser, its partnersmembers, officers and directors and each person, if any, who controls such Investor the Purchaser within the meaning of Section 15 of the Securities Act (collectively, the "Investor -------- Parties")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 or any of its Subsidiaries by such Investor Parties the Purchaser expressly for use in such registration statement. If, in connection with any such registration statement, such Investor Parties the Purchaser shall furnish written information to the Company or any of its Subsidiaries expressly for use in the registration statement, such Investor the 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 information so furnished in writing by such Investor the Purchaser for use therein. The provisions of this paragraph 6M are in addition to, and not in limitation of, the provision of the registration Rights Agreement.

Securities Act Registration Statements. The Except for securities of the -------------------------------------- Company covenants -------------------------------------- that it registered on Excluded Forms, the Company shall not, and shall cause each of its Subsidiaries not to, file any registration statement under the Securities Act covering any securities unless it shall first have given to each Investor 20 days the Purchaser written notice thereof. The Company further covenants that each Investor the Purchaser 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 SubsidiariesCompany, 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 Investorthe Purchaser's reasonable judgment should be included. In connection with any registration statement referred to in this paragraph 6MSection 5, the Company will indemnify each Investorindemnify, its to the extent permitted by law, the Purchaser, their partners, officers and directors and each person, if any, who controls such Investor the Purchaser within the meaning of Section 15 of the Securities Act (collectively, the "Investor -------- Parties")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 or any of its Subsidiaries by such Investor Parties the Purchaser expressly for use in such registration statement. If, in connection with any such registration statement, such Investor Parties the Purchaser shall furnish written information to the Company or any of its Subsidiaries expressly for use in the registration statement, such Investor the Purchaser will indemnify to the extent permitted by law the Company, its the directors, each of its officers who signs 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 Investor the Purchaser for use therein. The provisions 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 this paragraph 6M are in addition to, and not in limitation of, by such Purchaser as the provision of the registration Rights AgreementCompany shall request.

Securities Act Registration Statements. The Except for securities of the Company covenants -------------------------------------- that it registered on Form S-4 or Form S-8 promulgated under the Securities Act or any successor forms thereto, the Company shall not, and shall cause each of its Subsidiaries not to, file any registration statement under the Securities Act covering any securities unless it shall first have given to each Investor 20 days the Investors 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 paragraph 6MSection 7.4, the Company will indemnify indemnify, to the extent permitted by law, each Investor, its partners, officers and directors and each person, if any, who controls such Investor within the meaning of Section 15 of the Securities Act (collectively, the "Investor -------- Parties")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 or any of its Subsidiaries by such Investor Parties expressly for use in such registration statement. If, in connection with any such registration statement, such an Investor Parties shall furnish written information to the Company or any of its Subsidiaries expressly for use in the registration statement, such Investor will indemnify indemnify, to the extent permitted by law, the Company, its directors, each of its officers who signs 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 Investor for use therein. The provisions of this paragraph 6M are in addition to, and not in limitation of, the provision of the registration Rights Agreement.

Securities Act Registration Statements. The Except for securities of the -------------------------------------- Company covenants -------------------------------------- that it registered on Excluded Forms, the Company shall not, and shall cause each of its Subsidiaries not to, file any registration statement under the Securities Act covering any securities unless it shall first have given to each Investor 20 days Purchaser written notice thereof. The Company further covenants that each Investor Purchaser 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 SubsidiariesCompany, 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 InvestorPurchaser's reasonable judgment should be included. In connection with any registration statement referred to in this paragraph 6MSection 5, the Company will indemnify indemnify, to the extent permitted by law, each InvestorPurchaser, its their partners, officers and directors and each person, if any, who controls such Investor Purchaser within the meaning of Section 15 of the Securities Act (collectively, the "Investor -------- Parties")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 or any of its Subsidiaries by such Investor Parties Purchaser expressly for use in such registration statement. If, in connection with any such registration statement, such Investor Parties Purchaser shall furnish written information to the Company or any of its Subsidiaries expressly for use in the registration statement, such Investor Purchaser will indemnify to the extent permitted by law the Company, its the directors, each of its officers who signs 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 Investor Purchaser for use therein. The provisions 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 this paragraph 6M are in addition to, and not in limitation of, by such Purchaser as the provision of the registration Rights AgreementCompany shall request.

Securities Act Registration Statements. The Company covenants -------------------------------------- that it Except for securities of the Corporation registered on Form S-4 or Form S-8 promulgated under the Securities Act or any successor forms thereto, the Corporation shall not, and shall cause each of its Subsidiaries not to, file any registration statement under the Securities Act covering any securities unless it shall first have given to each Investor 20 days that may be deemed to be a controlling person of the Corporation written notice thereof. The Company Corporation 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 SubsidiariesCorporation, 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 paragraph 6MSection 7.3, the Company Corporation will indemnify indemnify, to the extent permitted by law, each InvestorInvestor 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 Investor within the meaning of Section 15 of the Securities Act (collectively, the "Investor -------- Parties")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 or any of its Subsidiaries Corporation by such Investor Parties expressly for use in such registration statement. If, in connection with any such registration statement, such an Investor Parties shall furnish written information to the Company or any of its Subsidiaries expressly Corporation for use in the registration statement, such Investor will indemnify indemnify, to the Companyextent permitted by law, the Corporation, its directors, each of its officers who signs 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 Investor for use therein. The provisions of this paragraph 6M are in addition to, and not in limitation of, the provision of the registration Rights Agreement.

Securities Act Registration Statements. The Except for securities of the -------------------------------------- Company covenants -------------------------------------- that it registered on Excluded Forms, the Company shall not, and shall cause each of its Subsidiaries not to, file any registration statement under the Securities Act covering any securities unless it shall first have given to each Investor 20 days Purchaser written notice thereof. The Company further covenants that each Investor Purchaser 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 SubsidiariesCompany, 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 Investoreach Purchaser's reasonable judgment should be included. In connection with any registration statement referred to in this paragraph 6MSection 5, the Company will indemnify each Investorindemnify, its to the extent permitted by law, the Purchaser, their partners, officers and directors and each person, if any, who controls such Investor Purchaser within the meaning of Section 15 of the Securities Act (collectively, the "Investor -------- Parties")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 or any of its Subsidiaries by such Investor Parties Purchaser expressly for use in such registration statement. If, in connection with any such registration statement, such Investor Parties Purchaser shall furnish written information to the Company or any of its Subsidiaries expressly for use in the registration statement, such Investor Purchaser will indemnify to the extent permitted by law the Company, its the directors, each of its officers who signs 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 Investor Purchaser for use therein. The provisions 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 this paragraph 6M are in addition to, and not in limitation of, by such Purchaser as the provision of the registration Rights AgreementCompany shall request.

Securities Act Registration Statements. The Except for securities of the Company covenants -------------------------------------- that it registered on Form S-4 or Form S- 8 promulgated under the Securities Act or any successor forms thereto, the Company shall not, and shall cause each of its Subsidiaries not to, file any registration statement under the Securities Act covering any securities unless it shall first have given to each Investor 20 days the Investors 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 paragraph 6MSection 7.4, the Company will indemnify indemnify, to the extent permitted by law, each Investor, its partners, officers and directors and each person, if any, who controls such Investor within the meaning of Section 15 of the Securities Act (collectively, the "Investor -------- Parties")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 or any of its Subsidiaries by such Investor Parties expressly for use in such registration statement. If, in connection with any such registration statement, such an Investor Parties shall furnish written information to the Company or any of its Subsidiaries expressly for use in the registration statement, such Investor will indemnify indemnify, to the extent permitted by law, the Company, its directors, each of its officers who signs 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 Investor for use therein. The provisions of this paragraph 6M are in addition to, and not in limitation of, the provision of the registration Rights Agreement.

Securities Act Registration Statements. The Except for -------------------------------------- securities of the Company covenants -------------------------------------- that it registered on Form S-4 or Form S-8 promulgated under the Securities Act or any successor forms thereto, the Company shall not, and shall cause each of its Subsidiaries not to, file any registration statement under the Securities Act covering any securities unless it shall first have given to each Investor 20 days the Investors 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 paragraph 6MSection 6.6, the Company will indemnify indemnify, to the extent permitted by law, each Investor, its partners, officers and directors and each person, if any, who controls such Investor within the meaning of Section 15 of the Securities Act (collectively, the "Investor -------- Parties")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 or any of its Subsidiaries by such Investor Parties expressly for use in such registration statement. If, in connection with any such registration statement, such an Investor Parties shall furnish written information to the Company or any of its Subsidiaries expressly for use in the registration statement, such Investor will indemnify indemnify, to the extent permitted by law, the Company, its directors, each of its officers who signs 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 Investor for use therein. The provisions of this paragraph 6M are , provided, however, that in addition to, and not no case shall any Investor be liable or responsible for any amount in limitation of, the provision 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 Rights Agreementstatement, prospectus or preliminary prospectus.