Common use of Warrantholder's Indemnification Clause in Contracts

Warrantholder's Indemnification. It shall be a condition of the Company's obligation under this Section 4 to effect any registration under the Securities Act that there shall have been delivered to the Company an agreement or agreements duly executed by each Warrantholder for whom Warrant Shares are to be registered, whereby such Warrantholder agrees to indemnify and hold harmless the Company, each other person referred to in subparts (1), (2), (3) and (5) of Section 11(a) of the Securities Act in respect of such registration statement and each other person, if any, which controls the Company within the meaning of the Securities Act, against any losses, claims, damages or liabilities, joint or several, to which the Company may become subject under the Securities Act or otherwise, but only to the extent that such losses, claims, damages or liabilities (or proceedings in respect thereof) arise out of or are based upon any untrue statement or alleged untrue statement of any material fact contained, on the effective date thereof, in any registration statement under which such Warrant Shares were registered under the Securities Act, in any preliminary prospectus or final prospectus contained therein or in any amendment or supplement thereto or arise out of or are based upon the omission or the alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading, which, in each such statement, said preliminary or final prospectus or said amendment or supplement in reliance upon, and in conformity with, written information furnished to the Company by such Warrantholder specifically for use in the preparation thereof.

Warrantholder's Indemnification. It shall be a condition of the ------------------------------- Company's obligation under this Section 4 3 to effect any registration under the Securities Act that there shall have been delivered to the Company an agreement or agreements duly executed by each Warrantholder for whom Warrant Shares are to be so registered, whereby such Warrantholder agrees to indemnify and hold harmless the Company, each other person referred to in subparts (1), (2), (3) and (53) of Section 11(a) of Section 15 of the Securities Act in respect of such registration statement and each other person, if any, which controls the Company within the meaning of the Securities Act, Act against any losses, claims, damages or liabilities, joint or several, to which the Company or such other person or such person controlling the Company may become subject under the Securities Act or otherwise, but only to the extent that such losses, claims, damages or liabilities (or proceedings proceeding in respect thereof) arise out of or are based upon any untrue statement or alleged untrue statement of any material fact contained, on the effective date thereof, in any registration statement under which such Warrant Shares were registered under the Securities Act, in any preliminary prospectus or final prospectus contained therein or in any amendment or supplement thereto thereto, or arise out of or are based upon the omission or the alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading, which, in each such case, has been made in or omitted from such registration statement, said preliminary or final prospectus or said amendment or supplement in reliance upon, and in conformity with, written information furnished to the Company by an instrument duly executed by such Warrantholder specifically for use in the preparation thereof. The Company shall be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating in the distribution, to the same extent as provided above, with respect to information with respect to such persons so furnished in writing by such persons specifically for inclusion in any prospectus or registration statement.

Warrantholder's Indemnification. It shall be a condition of the Company's obligation under this Section 4 3 to effect any registration under the Securities Act that there shall have been delivered to the Company an agreement or agreements duly executed by each Warrantholder for whom Warrant Shares are to be so registered, whereby such Warrantholder agrees to indemnify and hold harmless the Company, each other person referred to in subparts (1), (2), (3) and (53) of Section 11(a) of Section 15 of the Securities Act in respect of such registration statement and each other person, if any, which controls the Company within the meaning of the Securities Act, Act against any losses, claims, damages or liabilities, joint or several, to which the Company or such other person or such person controlling the Company may become subject under the Securities Act or otherwise, but only to the extent that such losses, claims, damages or liabilities (or proceedings proceeding in respect thereof) arise out of or are based upon any untrue statement or alleged untrue statement of any material fact contained, on the effective date thereof, in any registration statement under which such Warrant Shares were registered under the Securities Act, in any preliminary prospectus or final prospectus contained therein or in any amendment or supplement thereto thereto, or arise out of or are based upon the omission or the alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading, which, in each such case, has been made in or omitted from such registration statement, said preliminary or final prospectus or said amendment or supplement in reliance upon, and in conformity with, written information furnished to the Company by an instrument duly executed by such Warrantholder specifically for use in the preparation thereof. The Company shall be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating in the distribution, to the same extent as provided above, with respect to information with respect to such persons so furnished in writing by such persons specifically for inclusion in any prospectus or registration statement.

Warrantholder's Indemnification. It shall be a condition of the Company's obligation under this Section 4 3 to effect any registration under the Securities Act that there shall have been delivered to the Company an agreement or agreements duly executed by each Warrantholder for whom Warrant Shares are to be so registered, whereby such Warrantholder agrees to indemnify and hold harmless the Company, each other person referred to in subparts (1), (2), (3) and (53) of Section 11(a) of Section 15 of the Securities Act in respect of such registration statement and each other person, if any, which controls the Company within the meaning of the Securities Act, Act against any losses, claims, damages or liabilities, joint or several, to which the Company or its controlling person may become subject under the Securities Act or otherwise, but in so far as such losses, claims, damages or liabilities (or proceedings in respect thereof): (a) arise out of or are based upon any untrue statement or alleged untrue statement of any material fact contained, on the effective date thereof: (i) in any registration statement under which such Warrant Shares were registered under the Act, (ii) in any preliminary prospectus or final prospectus contained therein, or (iii) in any amendment or supplement thereto, or (b) arise out of or are based upon the omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading; and will reimburse the Company and each such controlling person for any legal or any other expenses incurred by the Company or such controlling person in connection with investigating or defending any such loss, claim, damage, liability or proceeding, PROVIDED, HOWEVER, that such Warrantholder shall be liable to the Company only to the extent that such losses, claims, damages or liabilities (or proceedings proceeding in respect thereof) arise out of or are based upon any untrue statement or alleged untrue statement of any material fact contained, on the effective date thereof, in any registration statement under which such Warrant Shares were registered under the Securities Act, in any preliminary prospectus or final prospectus contained therein or in any amendment or supplement thereto thereto, or arise out of or are based upon the omission or the alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading, which, in each such case, has been made in or omitted from such registration statement, said preliminary or final prospectus or said amendment or supplement in reliance upon, and in conformity with, written information furnished to the Company by an instrument duly executed by such Warrantholder specifically for use in the preparation thereof. The Company shall be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating in the distribution, to the same extent as provided above, with respect to information with respect to such persons so furnished in writing by such persons specifically for inclusion in any prospectus or registration statement.