Common use of By Holder Clause in Contracts

By Holder. In connection with any registration under which Holder intends to make a disposition of Registrable Securities, to the extent permitted by law, Holder will indemnify and hold harmless the Company, each of its directors, each of its officers or employees who have signed the registration statement, each person, if any, who controls the Company within the meaning of the Act, any underwriter, any person who controls the Company or any such underwriter within the meaning of the Act or the Exchange Act, against any losses, claims, damages or liabilities (joint or several) to which the Company or any such director, officer, employee, controlling person, or underwriter may become subject to under the Act, the Exchange Act or federal or state law, insofar as such losses claims damages or liabilities (or actions in respect thereto) arise out of or are based upon any Violation, in each case to the extent (and only to the extent) that such Violation occurs in reliance upon and in conformity with written information furnished by Holder expressly for use in connection with such registration; and Holder will reimburse any legal or other expenses reasonably incurred by the Company or any such director, officer, controlling person, underwriter in connection with investigating or defending any such loss, claim, damage, liability or action: provided, however, that the indemnity agreement contained in this Section (g) will not apply to amounts paid in settlement of any such loss, claim, damage, liability or action if such settlement is effected without the consent of the Holder and, provided further, that the liability of Holder in this Section (g) will be limited to the amount of the net proceeds received by Holder in the offering giving rise to such liability.

By Holder. In connection with any registration under which Holder intends to make a disposition of Registrable Securities, to the extent permitted by law, Holder will indemnify and hold harmless the Company, each of its directors, each of its officers or employees who have signed the registration statement, each person, if any, who controls the Company within the meaning of the Act, any underwriter, underwriter any person who controls the Company or any such underwriter within the meaning of the Act or the Exchange Act, against any losses, claims, damages or liabilities (joint or several) to which the Company or any such director, officer, employee, controlling person, or underwriter may become subject to under the Act, the Exchange Act or other Swiss, European Union, federal or state law, insofar as such losses claims losses, claims, damages or liabilities (or actions in respect thereto) arise out of or are based upon any Violation, in each case to the extent (and only to the extent) that such Violation occurs in reliance upon and in conformity with written information furnished by Holder expressly for use in connection with such registration; and each Holder will reimburse any legal or other expenses reasonably incurred by the Company or any such director, officer, controlling person, underwriter in connection with investigating or defending any such loss, claim, damage, liability or action: provided, however, that the indemnity agreement contained in this Section (g9(f) will not apply to amounts paid in settlement of any such loss, claim, damage, liability or action if such settlement is effected without the consent of the Holder and, and provided further, further that the liability of Holder in under this Section (g9(f) will be limited to the amount of the net proceeds received by Holder in the offering giving rise to such liability.

By Holder. In connection with any registration under which Holder intends to make a disposition of Registrable Securities, to the extent permitted by law, Holder will indemnify and hold harmless the Company, each of its directors, each of its officers or employees who have signed the registration statement, each person, if any, who controls the Company within the meaning of the Securities Act, any underwriterunderwriter and any other person selling securities under such registration statement or any of such other person's stockholders, directors or officers or any person who controls the Company or any such underwriter other person within the meaning of the Securities Act or the Exchange Act, Act against any lossesall expenses, claims, losses, damages or and liabilities (joint or severalactions in respect thereof) to which the Company or any such director, officer, employee, controlling person, or underwriter they may become subject to under the Securities Act, the Exchange Act or other federal or state law, insofar as such losses claims expenses, claims, losses, damages or liabilities (or actions in respect thereto) arise out of or are based upon any Violation, in each case to the extent (and only to the extent) that such Violation occurs in reliance upon and in conformity with written information furnished by Holder expressly for use in connection with such registration; and Holder will reimburse any legal or other expenses reasonably incurred by pay, as incurred, the Company or any such director, officer, controlling person, underwriter or other person selling securities under such registration statement, stockholder, officer, director or controlling person of such other person for any legal or any other expenses reasonably incurred in connection with investigating investigating, preparing or defending any such claim, loss, claim, damage, liability or action: provided, however, ; provided that the indemnity agreement contained in this Section (g) will 4.2 shall not apply to amounts paid in settlement of any such claim, loss, claim, damage, liability or action expense if such settlement is effected without the consent of Holder (which consent shall not be unreasonably withheld). Notwithstanding the Holder andforegoing, provided further, that the liability of Holder in under this Section subsection (gb) will shall be limited in an amount equal to the amount of the net proceeds received from the shares sold by Holder in the offering giving rise to such liabilityHolder.

By Holder. In connection with any registration under which Holder intends to make a disposition of Registrable Securities, to To the extent permitted by law, Holder will indemnify and hold harmless the Company, each of its directors, each of its officers or employees who have signed the registration statement, each person, if any, who controls the Company within the meaning of the Act, Securities Act and any underwriter, any person who controls the Company or any such underwriter within the meaning of the Act or the Exchange Act, against any losses, claims, damages or liabilities (joint or several) to which the Company or any such director, officer, employee, controlling person, or underwriter may become subject to under the Securities Act, the Exchange 1934 Act or other federal or state law, insofar as such losses claims losses, claims, damages or liabilities (or actions in respect thereto) arise out of or are based upon any Violation, in each case to the extent (and only to the extent) that such Violation occurs in reliance upon and in conformity with written information furnished by Holder expressly for use in connection with such registration; and Holder will reimburse any legal or other expenses reasonably incurred by the Company or any such director, officer, controlling person, or underwriter in connection with investigating or defending any such loss, claim, damage, liability or action: provided, however, that the indemnity agreement contained in this Section (g5.5(b) will shall not apply to amounts paid in settlement of any such loss, claim, damage, liability or action if such settlement is effected without the consent of the Holder andHolder, provided which consent shall not be unreasonably withheld; and provided, further, that the liability of total amounts payable in indemnity by Holder in under this Section (g5.5(b) will be limited to the amount in respect of any Violation shall not exceed the net proceeds received by Holder in the registered offering giving rise to out of which such liabilityViolation arises.