Survival; Release. The obligations of the Company and Holders under this Section 1.06 shall survive the completion of any offering of Registrable Securities in a Registration Statement and otherwise. No indemnifying party, in the defense of any such claim or litigation, shall, except with the consent of each indemnified party, consent to entry of any judgment or enter into any settlement which admits fault on behalf of the indemnified party or which does not include as an unconditional term thereof the giving by the claimant or plaintiff to such indemnified party of a release from all liability in respect to such claim or litigation.
Appears in 11 contracts
Samples: Registration Rights Agreement (KFX Inc), Registration Rights Agreement (KFX Inc), Registration Rights Agreement (KFX Inc)
Survival; Release. The obligations of the Company and Holders under this Section 1.06 8 shall survive the completion of any offering of Registrable Securities in a Registration Statement Statement, and otherwise. No indemnifying party, in the defense of any such claim or litigation, shall, except with the consent of each indemnified party, consent to entry of any judgment or enter into any settlement which admits fault on behalf of the indemnified party or which does not include as an unconditional term thereof the giving by the claimant or plaintiff to such indemnified party of a release from all liability in respect to such claim or litigation.
Appears in 2 contracts
Samples: Capital Stock Exchange Agreement (Talram Corp), Capital Stock Exchange Agreement (Atec Group Inc)
Survival; Release. The obligations of the Company and Holders under this Section 1.06 1.07 shall survive the completion of any offering of Registrable Securities in a Registration Statement and otherwise. No indemnifying party, in the defense of any such claim or litigation, shall, except with the consent of each indemnified party, consent to entry of any judgment or enter into any settlement which admits fault on behalf of the indemnified party or which does not include as an unconditional term thereof the giving by the claimant or plaintiff to such indemnified party of a release from all liability in respect to such claim or litigation.
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