Agent Indemnification. The Agent agrees to indemnify and hold harmless the Company, the Operating Partnership and the Manager, each of their trustees, each of their officers who signed the Registration Statement, and each person, if any, who controls any of the Company, the Operating Partnership or the Manager within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act against any and all loss, liability, claim, damage and expense described in the indemnity contained in subsection (a) of this Section 12, as incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendment thereto), including any Issuer Free Writing Prospectus or the Prospectus (or any amendment or supplement thereto) in reliance upon and in conformity with written information furnished to the Company by the Agent expressly for use therein.
Appears in 4 contracts
Sources: Equity Distribution Agreement (PennyMac Mortgage Investment Trust), Equity Distribution Agreement (PennyMac Mortgage Investment Trust), Equity Distribution Agreement (PennyMac Mortgage Investment Trust)
Agent Indemnification. The Agent agrees Agents agree, jointly and severally, to indemnify and hold harmless the Company, Company and its directors and each officer of the Operating Partnership and the Manager, each of their trustees, each of their officers Company who signed the Registration Statement, and each personPerson, if any, who that: (i) controls any of the Company, the Operating Partnership or the Manager Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act Act; or (ii) is controlled by or is under common control with the Company against any and all loss, liability, claim, damage damage, and expense described in the indemnity contained in subsection (a) of this Section 1211(c), as incurred, but only with respect to respecting untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendment amendments thereto), including any Issuer Free Writing Prospectus or the Prospectus (or any amendment or supplement thereto) or any Free Writing Prospectus in reliance upon and in conformity with written information furnished to the Company in writing by the Agent Agents expressly for use therein.
Appears in 4 contracts
Sources: At the Market Issuance Sales Agreement (ENDRA Life Sciences Inc.), At the Market Issuance Sales Agreement (ENDRA Life Sciences Inc.), At the Market Issuance Sales Agreement (ENDRA Life Sciences Inc.)
Agent Indemnification. The Agent agrees to indemnify and hold harmless the Company, Company and its directors and each officer of the Operating Partnership and the Manager, each of their trustees, each of their officers Company who signed the Registration Statement, and each person, if any, who (i) controls any of the Company, the Operating Partnership or the Manager Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act or (ii) is controlled by or is under common control with the Company against any and all loss, liability, claim, damage and expense described in the indemnity contained in subsection (a) of this Section 1211(a), as incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendment amendments thereto), including ) or in any related Issuer Free Writing Prospectus (as defined below) or the Prospectus (or any amendment or supplement thereto) in reliance upon and in conformity with written information relating to the Agent and furnished to the Company in writing by the Agent expressly for use therein.
Appears in 3 contracts
Sources: At Market Issuance Sales Agreement (Cherry Hill Mortgage Investment Corp), At Market Issuance Sales Agreement (Cherry Hill Mortgage Investment Corp), At Market Issuance Sales Agreement (Cherry Hill Mortgage Investment Corp)
Agent Indemnification. The Each Agent agrees to indemnify and hold harmless the Company, Company and its directors and each officer of the Operating Partnership and the Manager, each of their trustees, each of their officers Company who signed the Registration Statement, and each person, if any, who (i) controls any of the Company, the Operating Partnership or the Manager Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act or (ii) is controlled by or is under common control with the Company against any and all loss, liability, claim, damage and expense described in the indemnity contained in subsection (a) of this Section 1211(a), as incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendment amendments thereto), including ) or in any related Issuer Free Writing Prospectus or the Prospectus (or any amendment or supplement thereto) in reliance upon and in conformity with written information relating to such Agent and furnished to the Company in writing by the such Agent expressly for use therein.
Appears in 2 contracts
Sources: At Market Issuance Sales Agreement (Actinium Pharmaceuticals, Inc.), At the Market Issuance Sales Agreement (Actinium Pharmaceuticals, Inc.)
Agent Indemnification. The Each Agent agrees to to, severally and not jointly, indemnify and hold harmless the Company, Company and its directors and each officer of the Operating Partnership and the Manager, each of their trustees, each of their officers Company who signed the Registration Statement, and each person, if any, who (i) controls any of the Company, the Operating Partnership or the Manager Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act or (ii) is controlled by or is under common control with the Company against any and all loss, liability, claim, damage and expense described in the indemnity contained in subsection (a) of this Section 1210(c), as incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendment amendments thereto), including any Issuer Free Writing Prospectus ) or the Prospectus (or any amendment or supplement thereto) in reliance upon and in conformity with written information relating to such Agent and furnished to the Company by the Agent expressly for use thereinsuch Agent.
Appears in 2 contracts
Sources: At Market Issuance Sales Agreement (YRC Worldwide Inc.), At Market Issuance Sales Agreement (ARYx Therapeutics, Inc.)
Agent Indemnification. The Each Agent agrees agrees, severally but not jointly, to indemnify and hold harmless the Company, Company and its directors and each officer of the Operating Partnership and the Manager, each of their trustees, each of their officers Company who signed the Registration Statement, and each person, if any, who (i) controls any of the Company, the Operating Partnership or the Manager Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act or (ii) is controlled by or is under common control with the Company against any and all loss, liability, claim, damage and expense described in the indemnity contained in subsection (a) of this Section 129(a), as incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendment amendments thereto), including any Issuer Free Writing Prospectus ) or the Prospectus (or any amendment or supplement thereto) or in any free writing prospectus in reliance upon and in conformity with written information furnished to the Company by the Agent expressly for use thereinAgents’ Information.
Appears in 2 contracts
Sources: Sales Agreement (Structure Therapeutics Inc.), Sales Agreement (Structure Therapeutics Inc.)
Agent Indemnification. The Agent Each Agent, severally but not jointly, agrees to indemnify and hold harmless the Company, Company and its directors and each officer of the Operating Partnership and the Manager, each of their trustees, each of their officers Company who signed the Registration Statement, and each person, if any, who (i) controls any of the Company, the Operating Partnership or the Manager Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act or (ii) is controlled by or is under common control with the Company against any and all loss, liability, claim, damage and expense described in the indemnity contained in subsection (a) of this Section 1210(a), as incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendment amendments thereto), including any Issuer Free Writing Prospectus ) or the Prospectus (or any amendment or supplement thereto) in reliance upon and in strict conformity with written information relating to the Agents and furnished to the Company in writing by the Agent Agents expressly for use therein.
Appears in 1 contract
Sources: Sales Agreement (Synergy CHC Corp.)
Agent Indemnification. The Agent agrees to indemnify and hold harmless the Company, Company and its directors and each officer and director of the Operating Partnership and the Manager, each of their trustees, each of their officers Company who signed the Registration Statement, and each person, if any, who (i) controls any of the Company, the Operating Partnership or the Manager Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act or (ii) is controlled by or is under common control with the Company against any and all loss, liability, claim, damage and expense described in the indemnity contained in subsection (a) of this Section 1211(a), as incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendment amendments thereto), including any Issuer Free Writing Prospectus ) or the Prospectus (or any amendment or supplement thereto) or any Issuer Free Writing Prospectus in reliance upon and in conformity with written information relating to the Agent and furnished to the Company in writing by the Agent expressly for use therein.
Appears in 1 contract
Sources: At Market Issuance Sales Agreement (Onconova Therapeutics, Inc.)
Agent Indemnification. The Agent Each Agent, severally but not jointly, agrees to indemnify and hold harmless the Company, Company and its directors and each officer of the Operating Partnership and the Manager, each of their trustees, each of their officers Company who signed the Registration Statement, and each person, if any, who (i) controls any of the Company, the Operating Partnership or the Manager Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act or (ii) is controlled by or is under common control with the Company against any and all loss, liability, claim, damage and expense described in the indemnity contained in subsection (a) of this Section 1210(a), as incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendment amendments thereto), including any Issuer Free Writing Prospectus ) or the Prospectus (or any amendment or supplement thereto) in reliance upon and in conformity with written information relating to the Agents and furnished to the Company in writing by the Agent Agents expressly for use therein.
Appears in 1 contract
Agent Indemnification. The Agent agrees to indemnify and hold harmless the Company, the Operating Partnership and the Manager, each of their trustees, each of their officers who signed the Registration Statement, and each person, if any, who controls any of the Company, the Operating Partnership or the Manager within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act against any and all loss, liability, claim, damage and expense described in the indemnity contained in subsection (a) of this Section 12, as incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendment thereto), including any Issuer Free Writing Prospectus or the Prospectus (or any amendment or supplement thereto) in reliance upon and in conformity with written information Agent Information furnished to the Company by the Agent expressly for use therein.
Appears in 1 contract
Sources: Equity Distribution Agreement (PennyMac Mortgage Investment Trust)
Agent Indemnification. The Agent agrees to indemnify and hold harmless the Company, Company and its directors and each officer of the Operating Partnership and the Manager, each of their trustees, each of their officers Company who signed the Registration Statement, and each person, if any, who (i) controls any of the Company, the Operating Partnership or the Manager Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act or (ii) is controlled by or is under common control with the Company against any and all loss, liability, claim, damage and expense described in the indemnity contained in subsection (a) of this Section 1210(a), as incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendment amendments thereto), including ) or in any related Issuer Free Writing Prospectus or the Prospectus (or any amendment or supplement thereto) in reliance upon and in conformity with written information relating to the Agent and furnished to the Company in writing by the Agent expressly for use therein.
Appears in 1 contract
Agent Indemnification. The Agent Each Agent, severally and not jointly, agrees to indemnify and hold harmless the Company, Company and its directors and each officer of the Operating Partnership and the Manager, each of their trustees, each of their officers Company who signed the Registration Statement, and each person, if any, who (i) controls any of the Company, the Operating Partnership or the Manager Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act or (ii) is controlled by or is under common control with the Company against any and all loss, liability, claim, damage and expense described in the indemnity contained in subsection (a) of this Section 129(a), as incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendment amendments thereto), including any Issuer Free Writing Prospectus or the Prospectus (or any amendment or supplement thereto) or in any free writing prospectus or in any application or other document executed by or on behalf of each Agent in reliance upon and in conformity with written information furnished to the Company by the Agent expressly for use thereinAgents’ Information.
Appears in 1 contract
Sources: Sales Agreement (Harmony Biosciences Holdings, Inc.)