By Selling Holders. To the extent permitted by law, each selling Holder will indemnify and hold harmless the Company, each of its directors, each of its officers who have signed the registration statement, each Person, if any, who controls the Company within the meaning of the Securities Act, any underwriter and any other Holder selling securities under such registration statement or any of such other Holder's partners, officers, shareholders, employees, representatives and directors and any Person who controls such Holder within the meaning of the Securities Act or the Exchange Act, against any losses, claims, damages or liabilities (joint or several) to which the Company or any such officer or director, controlling Person, underwriter or other such Holder, partner, officer, shareholder, employee, representative, director or controlling Person of such other Holder may become subject under the Securities Act, the Exchange Act or other 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
Appears in 1 contract
By Selling Holders. To the extent permitted by law, each selling Holder will indemnify and hold harmless the Company, each of its directors, each of its officers who have signed the registration statement, each Personperson, if any, who controls the Company within the meaning of the Securities Act, any underwriter and any other Holder selling securities under such registration statement or any of such other Holder's partners, officers, shareholders, employees, representatives and directors and or officers or any Person person who controls such Holder within the meaning of the Securities Act or the Exchange Act, against any losses, claims, damages or liabilities (joint or several) to which the Company or any such officer or director, officer, controlling Personperson, underwriter or other such Holder, partnerpartner or director, officer, shareholder, employee, representative, director officer or controlling Person person of such other Holder may become subject under the Securities Act, the Exchange Act or other federal or state law, insofar as such losses, claims, damages or liabilities (or actions in respect thereto) arise out of or are based upon anyany 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 such Holder expressly for use in connection with such registration; and each such Holder will reimburse any legal or other expenses reasonably incurred by the Company or any such director, officer, controlling person,
Appears in 1 contract
By Selling Holders. To the extent permitted by law, each selling Holder will indemnify and hold harmless the Company, each of its directors, each of its officers who have signed the registration statement, each Personperson, if any, who controls the Company within the meaning of the Securities Act, any underwriter and any other Holder selling securities under such registration statement or any of such other Holder's partners, officers, shareholders, employees, representatives and directors and or officers or any Person person who controls such Holder within the meaning of the Securities Act or the Exchange 1934 Act, against any losses, claims, damages or liabilities (joint or several) to which the Company or any such officer or director, officer, controlling Personperson, underwriter or other such Holder, partnerpartner or director, officer, shareholder, employee, representative, director officer or controlling Person person of such other Holder may become subject under the Securities Act, the Exchange 1934 Act or other federal or state law, insofar as such losses, claims, damages or liabilities (or actions in respect thereto) arise out of or are based upon anyany Violation, in each case to the extent (and only to the extent) that such Violation occurs in reliance upon and in conformity with
Appears in 1 contract
Samples: Investors' Rights Agreement (Broadbase Software Inc)
By Selling Holders. To the extent permitted by law, each selling ------------------ Holder will indemnify and hold harmless the Company, each of its directors, each of its officers who have signed the registration statement, each Personperson, if any, who controls the Company within the meaning of the Securities Act, any underwriter and any other Holder selling securities under such registration statement or any of such other Holder's partners, officers, shareholders, employees, representatives and directors and or officers or any Person person who controls such Holder within the meaning of the Securities Act or the Exchange 1934 Act, against any losses, claims, damages or liabilities (joint or several) to which the Company or any such officer or director, officer, controlling Personperson, underwriter or other such Holder, partnerpartner or director, officer, shareholder, employee, representative, director officer or controlling Person person of such other Holder may become subject under the Securities Act, the Exchange 1934 Act or other federal or state law, insofar as such losses, claims, damages or liabilities (or actions in respect thereto) arise out of or are based upon anyany Violation, in each case to the
Appears in 1 contract
Samples: Agreement and Plan of Contribution and Merger (Excalibur Technologies Corp)