Common use of By Each Holder Clause in Contracts

By Each Holder. In connection with any registration statement in which a holder of Registrable Shares is participating, each such holder will furnish to the Company in writing such information and affidavits as the Company reasonably requests for use in connection with any such registration statement or prospectus and, to the extent permitted by law, will indemnify the Company, its directors and officers and each person who controls the Company (within the meaning of the Securities Act) against any losses, claims, damages, liabilities and expenses resulting from any untrue or alleged untrue statement of material fact contained in the registration statement, prospectus or preliminary prospectus, or any amendment thereof or supplement thereto, or any omission or alleged omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or omission is contained in any information or affidavit so furnished in writing by such holder; provided that the obligation to indemnify will be several, not joint and several, among such holders of Registrable Shares and the liability of each such holder of Registrable Shares will be limited to and in proportion to the net amount received by such holder from the sale of Registrable Shares, as the case may be, pursuant to such registration statement.

By Each Holder. In connection with any registration statement in -------------- which a holder of Registrable Shares is participating, each such holder will shall furnish to the Company Corporation in writing such information and affidavits as the Company Corporation reasonably requests for use in connection with any such registration statement or prospectus and, to the extent permitted by law, will shall indemnify the CompanyCorporation, its directors and officers and each person Person who controls the Company Corporation (within the meaning of the Securities Act) against any losses, claims, damages, liabilities and expenses Liabilities resulting from any untrue or alleged untrue statement of material fact contained in the registration statement, prospectus or preliminary prospectus, or any amendment thereof or supplement thereto, or any omission or alleged omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or omission is contained in any information or affidavit so furnished in writing by such holder; provided that the obligation to indemnify will be several, not joint and several, among such holders of Registrable Shares Shares, and the liability of each such holder of Registrable Shares will under this Section 5 shall be limited to and in proportion to the net amount received by such holder from the sale of Registrable Shares, as the case may be, Shares pursuant to such registration statement.

By Each Holder. In connection with any registration statement in which a holder of Registrable Shares is participating, each such holder will furnish to the Company Corporation in writing such information and affidavits as the Company Corporation reasonably requests for use in connection with any such registration statement or prospectus and, to the extent permitted by law, will indemnify the CompanyCorporation, its directors and officers and each person who controls the Company Corporation (within the meaning of the Securities Act) against any losses, claims, damages, liabilities and expenses resulting from any untrue or alleged untrue statement of material fact contained in the registration statement, prospectus or preliminary prospectus, or any amendment thereof or supplement thereto, or any omission or alleged omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or omission is contained in any information or affidavit so furnished in writing by such holder; provided that the obligation to indemnify will be several, not joint and several, among such holders of Registrable Shares and the liability of each such holder of Registrable Shares will be limited in proportion to and in proportion limited to the net amount received by such holder from the sale of Registrable Shares, as the case may be, Shares pursuant to such registration statement.

By Each Holder. In connection with any registration statement in which a holder of Registrable Shares is participating, each such holder will furnish to the Company Tegal in writing such information and affidavits as the Company Tegal reasonably requests for use in connection with any such registration statement or prospectus and, to the extent permitted by law, will indemnify the CompanyTegal, its directors directors, employees and officers and each person Person who controls the Company Tegal (within the meaning of the Securities Act) against any losses, claims, damages, liabilities and expenses resulting from any untrue or alleged untrue statement of material fact contained in the registration statement, prospectus or preliminary prospectus, or any amendment thereof or supplement thereto, or any omission or alleged omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or omission is contained in or omitted from any information or affidavit so furnished in writing by such holderholder for the acknowledged purpose of inclusion in such registration statement, prospectus or preliminary prospectus; provided that the obligation to indemnify will be several, not joint and several, among such holders of Registrable Shares and the liability of each such holder of Registrable Shares will be limited in proportion to and limited in proportion all events to the net amount received by such holder from the sale of Registrable Shares, as the case may be, Shares pursuant to such registration statement.

By Each Holder. In connection with any registration statement in which a holder of Registrable Shares Holder is participating, each such holder Holder will furnish to the Company in writing such information and affidavits as the Company reasonably requests for use in connection with any such registration statement or prospectus and, to the extent permitted by law, will indemnify the Company, its directors directors, employees and officers and each person Person who controls the Company (within the meaning of the Securities Act) against any losses, claims, damages, liabilities and expenses resulting from any untrue or alleged untrue statement of material fact contained in the registration statement, prospectus or preliminary prospectus, or any amendment thereof or supplement thereto, or any omission or alleged omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or omission is contained in or omitted from any information or affidavit so furnished in writing by such holderholder for the acknowledged purpose of inclusion in such registration statement, prospectus or preliminary prospectus; provided that the obligation to indemnify will be several, not joint and several, among such holders of Registrable Shares Holders and the liability of each such holder of Registrable Shares Holder will be limited in proportion to and limited in proportion all events to the net amount received by such holder Holder from the sale of Registrable Shares, as the case may be, Securities pursuant to such registration statement.

By Each Holder. In connection with any registration statement in which a holder of Registrable Shares is participating, each such holder will furnish to the Company in writing such information agrees to, severally and affidavits as the Company reasonably requests for use in connection with any such registration statement or prospectus andnot jointly, to the extent permitted by law, will indemnify the CompanyCorporation, its directors and officers who sign the registration statement and accountants and each person Person who controls the Company Corporation (within the meaning of the Securities Act or Exchange Act) against any losses, claims, damages, liabilities and expenses resulting from any untrue or alleged untrue statement of material fact contained or incorporated by reference in the registration statement, prospectus or preliminary prospectus, or any amendment thereof or supplement thereto, or any omission or alleged omission of to state in any registration statement or any amendment thereto (including, without limitation, through incorporation by reference) a material fact required to be stated therein or necessary to make the statements therein not misleading, or any omission or alleged omission to state in any prospectus, preliminary prospectus or amendment or supplement thereto (including, without limitation, through incorporation by reference) a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading, but only to the extent that such untrue statement or omission is contained in or omitted from any written information related to such holder furnished to the Corporation by, or affidavit so furnished in writing by on behalf of, such holderholder specifically for use therein; provided that the obligation to indemnify will be several, not joint and several, among such holders of Registrable Shares and the liability of each such holder of Registrable Shares will be limited in proportion to and limited in proportion all events to the net amount received by such holder from the sale of Registrable Shares, as the case may be, Shares pursuant to such registration statement.

By Each Holder. In connection with any registration statement in which a Each holder of Holder Registrable Shares is participating, each such holder will shall furnish to the Company Corporation in writing such information and affidavits as the Company Corporation reasonably requests for use in connection with the Shelf Registration and any such registration statement or prospectus included in the Shelf Registration, and, to the extent permitted by law, will shall indemnify the CompanyCorporation, its directors and officers officers, and each person Person who controls the Company Corporation (within the meaning of the Securities Act) against any losses, claims, damages, liabilities and expenses Liabilities resulting from any untrue or alleged untrue statement of material fact contained in the registration statementShelf Registration, any prospectus or preliminary prospectusprospectus included in the Shelf Registration, or any amendment thereof or supplement thereto, or any omission or alleged omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or omission is contained in any information or affidavit so furnished in writing by such holderholder expressly for use in such registration or prospectus; provided that the obligation to indemnify will be several, not joint and several, among such holders of Registrable Shares and the liability of each such holder of Registrable Shares will be limited to and in proportion to the net amount received by such holder from the sale of Registrable Shares, as the case may be, pursuant to such registration statement.under this

By Each Holder. In connection with any registration statement in which a UBS or another holder of Registrable Shares is participating, each such holder will shall furnish to the Company Corporation in writing such information and affidavits as the Company Corporation reasonably requests relating to information about the holder for use in connection with any such registration statement or prospectus and, to the extent permitted by law, will shall indemnify the CompanyCorporation, its directors and officers and each person Person who controls the Company Corporation (within the meaning of the Securities Act) against any losses, claims, damages, liabilities and expenses Liabilities resulting from any untrue or alleged untrue statement of material fact contained in the registration statement, prospectus or preliminary prospectus, or any amendment thereof or supplement thereto, or any omission or alleged omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or omission related to such holder and is contained in any information or affidavit so furnished in writing by such holderholder specifically for use in such registration statement; provided that the obligation to indemnify will be several, not joint and several, among such holders of Registrable Shares Shares, and the liability of each such holder of Registrable Shares will under this Section 6 shall be limited to and in proportion to the net amount received by such holder from the sale of Registrable Shares, as the case may be, Shares pursuant to such registration statement.

By Each Holder. In connection with any registration statement in which a holder of Registrable Shares is participating, each such holder will furnish to the Company Corporation in writing such information and affidavits as the Company Corporation reasonably requests for use in connection with any such registration statement or prospectus and, to the extent permitted by law, will indemnify the CompanyCorporation, its directors and officers and each person Person who controls the Company Corporation (within the meaning of the Securities Act) against any losses, claims, damages, liabilities and expenses resulting from any untrue or alleged untrue statement of material fact contained in the registration statement, prospectus or preliminary prospectus, or any amendment thereof or supplement thereto, or any omission or alleged omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or omission is contained in or omitted from any information or affidavit so furnished in writing by such holderholder for the acknowledged purpose of inclusion in such registration statement, prospectus or preliminary prospectus; provided that the obligation to indemnify under this Section 7.2 or to contribute under Section 7.5 below will be several, not joint and several, among such holders of Registrable Shares Shares, and the liability of each such holder of Registrable Shares will under this Section 7.2 and under Section 7.5 shall be limited to and in proportion to the net amount received by such holder from the sale of Registrable Shares, as the case may be, Shares pursuant to such registration statement.

By Each Holder. In connection with any registration statement in -------------- which a holder of Registrable Shares is participating, each such holder will furnish to the Company Corporation in writing such information and affidavits as the Company Corporation reasonably requests for use in connection with any such registration statement or prospectus and, to the extent permitted by law, will indemnify the CompanyCorporation, its directors and officers and each person who controls the Company Corporation (within the meaning of the Securities Act) against any losses, claims, damages, liabilities and expenses resulting from any untrue or alleged untrue statement of material fact contained in the registration statement, prospectus or preliminary prospectus, or any amendment thereof or supplement thereto, or any omission or alleged omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or omission is contained in any information or affidavit so furnished in writing by such holder; provided that the obligation to indemnify will be several, not joint and several, among such holders of Registrable Shares and the liability of each such holder of Registrable Registrable' Shares will be limited in proportion to and in proportion limited to the net amount received by such holder from the sale of Registrable Shares, as the case may be, Shares pursuant to such registration statement.

By Each Holder. In connection with any registration statement in which a holder of Registrable Shares is participating, each such holder will furnish to the Company in writing such information and affidavits as the Company reasonably requests for use in connection with any such registration statement or prospectus and, to the extent permitted by law, will indemnify the Company, its directors and officers officers, and each person Person who controls the Company (within the meaning of the Securities Act) against any losses, claims, damages, liabilities and expenses Liabilities resulting from any untrue or alleged untrue statement of material fact contained in the registration statement, prospectus prospectus, or preliminary prospectus, or any amendment thereof or supplement thereto, or any omission or alleged omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or omission is contained in or omitted from any information or affidavit so furnished in writing by or on behalf of such holderholder for the acknowledged purpose of inclusion in such registration statement, prospectus, or preliminary prospectus; provided that the obligation to indemnify under this Section 7.2 or contribute under Section 7.4 below will be several, not joint and several, among such holders of Registrable Shares and the liability of each such holder of Registrable Shares will be limited in proportion to and limited in proportion all events to the net amount received by such holder from the sale of Registrable Shares, as the case may be, Shares pursuant to such registration statement.

By Each Holder. In connection with any registration statement in which a holder of Registrable Shares Registable Securities is participating, each such holder will shall furnish to the Company Corporation in writing such information and affidavits as the Company Corporation reasonably requests for use in connection with any such registration statement or prospectus and, to the extent permitted by law, will shall indemnify the CompanyCorporation, its directors and officers and each person Person who controls the Company Corporation (within the meaning of the Securities Act) against any losses, claims, damages, liabilities and expenses Liabilities resulting from any untrue or alleged untrue statement of material fact contained in the registration statement, prospectus or preliminary prospectus, or any amendment thereof or supplement thereto, or any omission or alleged omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or omission is contained in any information or affidavit so furnished in writing by such holderholder expressly for use in such registration statement or prospectus; provided that the obligation to indemnify under this Section 9(b) or to contribute under Section 9(d) below will be several, not joint and several, among such holders of Registrable Shares Securities, and the liability of each such holder of Registrable Shares will Securities under this Section 9(b) and under Section 9(c) shall be limited to and in proportion to the net amount received by such holder from the sale of Registrable Shares, as the case may be, Securities pursuant to such registration statement.

By Each Holder. In connection with any registration statement -------------- in which a holder of Registrable Shares is participating, each such holder will furnish to the Company Corporation in writing such information and affidavits as the Company Corporation reasonably requests for use in connection with any such registration statement or prospectus and, to the extent permitted by law, will indemnify the CompanyCorporation, its directors and officers and each person who controls the Company Corporation (within the meaning of the Securities Act) against any losses, claims, damages, liabilities and expenses resulting from any untrue or alleged untrue statement of material fact contained in the registration statement, prospectus or preliminary prospectus, or any amendment thereof or supplement thereto, or any omission or alleged omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or omission is contained in any information or affidavit so furnished in writing by such holder; provided that the obligation to indemnify will be several, not joint and several, among such holders of Registrable Shares and the liability of each such holder of Registrable Registrable' Shares will be limited in proportion to and in proportion limited to the net amount received by such holder from the sale of Registrable Shares, as the case may be, Shares pursuant to such registration statement.

By Each Holder. In connection with any registration statement in which a holder of Registrable Shares is participating, each such holder will furnish to the Company Next Level in writing such information and affidavits as the Company Next Level reasonably requests for use in connection with any such registration statement or prospectus and, to the extent permitted by law, will indemnify the CompanyNext Level, its directors directors, employees and officers and each person Person who controls the Company Next Level (within the meaning of the Securities Act) against any losses, claims, damages, liabilities and expenses resulting from any untrue or alleged untrue statement of material fact contained in the registration statement, prospectus or preliminary prospectus, or any amendment thereof or supplement thereto, or any omission or alleged omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or omission is contained in or omitted from any information or affidavit so furnished in writing by such holderholder for the acknowledged purpose of inclusion in such registration statement, prospectus or preliminary prospectus; provided that the obligation to indemnify will be several, not joint and several, among such holders of Registrable Shares and the liability of each such holder of Registrable Shares will be limited in proportion to and limited in proportion all events to the net amount received by such holder from the sale of Registrable Shares, as the case may be, Shares pursuant to such registration statement.

By Each Holder. In connection with any registration statement in -------------- which a holder of Purchaser Registrable Shares is participating, each such holder will shall furnish to the Company Corporation in writing such information and affidavits as the Company Corporation reasonably requests for use in connection with any such registration statement or prospectus and, to the extent permitted by law, will shall indemnify the CompanyCorporation, its directors and officers and each person Person who controls the Company Corporation (within the meaning of the Securities Act) against any losses, claims, damages, liabilities and expenses Liabilities resulting from any untrue or alleged untrue statement of material fact contained in the registration statement, prospectus or preliminary prospectus, or any amendment thereof or supplement thereto, or any omission or alleged omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or omission is contained in any information or affidavit so furnished in writing by such holderholder expressly for use in such registration statement or prospectus; provided that the obligation to indemnify under this Section 6.2 or to contribute under Section 6.4 below will be several, not joint ----------- ----------- and several, among such holders of Purchaser Registrable Shares Shares, and the liability of each such holder of Purchaser Registrable Shares will under this Section ------- 6.2 and under Section 6.4 shall be limited to and in proportion to the net amount received by such --- ----------- holder from the sale of Purchaser Registrable Shares, as the case may be, Shares pursuant to such registration statement.

By Each Holder. In connection with any registration statement in which a holder of Purchaser Registrable Shares is participating, each such holder will shall furnish to the Company Corporation in writing such information and affidavits as the Company Corporation reasonably requests for use in connection with any such registration statement or prospectus and, to the extent permitted by law, will shall indemnify the CompanyCorporation, its directors and officers and each person Person who controls the Company Corporation (within the meaning of the Securities Act) against any losses, claims, damages, liabilities and expenses Liabilities resulting from any untrue or alleged untrue statement of material fact contained in the registration statement, prospectus or preliminary prospectus, or any amendment thereof or supplement thereto, or any omission or alleged omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or omission is contained in any information or affidavit so furnished in writing by such holderholder expressly for use in such registration statement or prospectus; provided that the obligation to indemnify under this Section 6.2 or to contribute under Section 6.4 below will be several, not joint and several, among such holders of Purchaser Registrable Shares Shares, and the liability of each such holder of Purchaser Registrable Shares will under this Section 6.2 and under Section 6.4 shall be limited to and in proportion to the net amount received by such holder from the sale of Purchaser Registrable Shares, as the case may be, Shares pursuant to such registration statement.