Agent Indemnification. The Agents agree, jointly and severally, to indemnify and hold harmless the Company and its directors and each officer of the Company who signed the Registration Statement, and each Person, if any, that: (i) controls the 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 Section 11(c), as incurred, but only respecting untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendments thereto), the Prospectus (or any amendment or supplement thereto) or any Free Writing Prospectus in reliance upon and in conformity with information furnished to the Company in writing by the 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 Agents agree, jointly and severally, Agent agrees to indemnify and hold harmless the Company Company, the Operating Partnership and its directors and the Manager, each officer of the Company their trustees, each of their officers who signed the Registration Statement, and each Personperson, if any, that: (i) who controls any of the Company Company, the Operating Partnership or the Manager 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 Act against any and all loss, liability, claim, damage, damage and expense described in the indemnity contained in subsection (a) of this Section 11(c)12, as incurred, but only respecting with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendments amendment 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 Agents 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 Agents agree, jointly and severally, Each Agent agrees to indemnify and hold harmless the Company and its directors and each officer of the Company who signed the Registration Statement, and each Personperson, if any, that: who (i) controls the 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 Section 11(c11(a), as incurred, but only respecting with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendments thereto), ) or in any related 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 information relating to such Agent and furnished to the Company in writing by the Agents 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 Agents agree, jointly and severally, Agent agrees to indemnify and hold harmless the Company Company, the Operating Partnership and its directors and the Manager, each officer of the Company their trustees, each of their officers who signed the Registration Statement, and each Personperson, if any, that: (i) who controls any of the Company Company, the Operating Partnership or the Manager 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 Act against any and all loss, liability, claim, damage, damage and expense described in the indemnity contained in subsection (a) of this Section 11(c)12, as incurred, but only respecting with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendments amendment 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 information Agent Information furnished to the Company in writing by the Agents Agent expressly for use therein.
Appears in 1 contract
Sources: Equity Distribution Agreement (PennyMac Mortgage Investment Trust)
Agent Indemnification. The Agents agreeEach Agent, jointly and severallyseverally but not jointly, agrees to indemnify and hold harmless the Company and its directors and each officer of the Company who signed the Registration Statement, and each Personperson, if any, that: who (i) controls the 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 Section 11(c10(a), as incurred, but only respecting with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendments thereto), ) or the Prospectus (or any amendment or supplement thereto) or any Free Writing Prospectus in reliance upon and in conformity with information relating to the Agents and furnished to the Company in writing by the Agents expressly for use therein.
Appears in 1 contract
Agent Indemnification. The Agents agreeEach Agent, jointly and severallyseverally but not jointly, agrees to indemnify and hold harmless the Company and its directors and each officer of the Company who signed the Registration Statement, and each Personperson, if any, that: who (i) controls the 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 Section 11(c10(a), as incurred, but only respecting with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendments thereto), ) or the Prospectus (or any amendment or supplement thereto) or any Free Writing Prospectus in reliance upon and in strict conformity with information relating to the Agents and furnished to the Company in writing by the Agents expressly for use therein.
Appears in 1 contract
Sources: Sales Agreement (Synergy CHC Corp.)