Holder's Indemnification. By accepting this Warrant, each Holder for whom Warrant Shares are to be registered pursuant to this Section 11 agrees to indemnify and hold harmless the Company, its officers, directors, employees and each person, if any, who controls the Company within the meaning of the Act, against any losses, claims, damages or liabilities, joint or several, arising out of or based upon any untrue statement or alleged untrue statement of any material fact contained in any registration statement under which such Warrant Shares were registered under the Act, in any prospectus contained therein or in any amendment or supplement thereto, or arising out of or based upon the omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading, that in each such case has been made in or omitted from such registration statement, said prospectus or said amendment or supplement in reliance upon and in conformity with written information furnished to the Company by such Holder. Company shall be limited to an amount equal to the proceeds received by such Holder upon the sale of the Warrant Shares pursuant to such registration statement. If any action or claim shall be brought or asserted against the Company or its directors or officers (or any such controlling person) in respect of which indemnity may be sought against a Holder, such Holder shall have the rights and duties given to the Company and the Company shall, and its officers and directors (and such controlling person) shall have, the rights and duties given to such Holder by Section 11.6 hereof.
Holder's Indemnification. In connection with the Registration Statement, each such Holder will furnish to the Company such information as shall reasonably be requested by the Company for use in such registration statement or prospectus and shall severally, and not jointly, indemnify, to the extent permitted by law, the Company, its directors, officers, employees and agents against any losses, claims, damages, liabilities and expenses (under the Securities Act, at common law or otherwise), insofar as such losses, claims, damages, liabilities or expenses arise out of or are based upon any untrue statement or alleged untrue statement of a material fact contained on the effective date thereof in the registration statement, or any final prospectus included therein (in each case as amended or supplemented, including without limitation, any update pursuant to Rule 424(b) under the Securities Act), but only to the extent that such untrue statement of a material fact is contained in, or such material fact is omitted from, written information furnished by such Holder, specifically for use in such registration statement or prospectus; provided, however, that the obligations of such Holders hereunder shall be limited to an amount equal to the net proceeds to each Holder of Registrable Securities sold in connection with such registration.
Holder's Indemnification. In the event of a registration of any of Holder's Warrant Shares under the Act pursuant to the provisions of this Agreement, Holder shall furnish to the Company in writing such information and affidavits with respect to Holder as the Company reasonably requests for use in connection with any such registration statement (or prospectus contained therein) and Holder will indemnify and hold harmless to the extent permitted by law, the Company, each person, if any, who controls the Company within the meaning of the Act, each officer and director of the Company, each underwriter and each person who controls any underwriter within the meaning of the Act, against all Losses to which the Company or such officer, director, underwriter or controlling person may become subject under the Act or otherwise, insofar as such Losses arise out of or are based upon any statements or information provided in writing by Holder, including each of its officers, partners, directors, employees and representatives, to the Company or underwriter in connection with the offer and sale of Warrant Shares. Notwithstanding the foregoing, the amount Holder shall be obligated to indemnify pursuant to this Agreement shall be limited to an amount equal to the proceeds received by Holder of the Warrant Shares sold pursuant to the registration statement which gives rise to such obligation to indemnity (less the aggregate amount which Holder has been otherwise required to pay in respect of such Loss or any substantially similar Loss arising from the sale of such Warrant Shares).
Holder's Indemnification. In connection with any Registration Statement in which the Holders of Registrable Securities are participating, each Holder so participating will indemnify and hold harmless each Indemnified Company Party against any Losses to which the Company or any Indemnified Company Party may become subject, insofar as such Losses (or actions in respect thereof) arise out of or are based directly and primarily upon information in writing furnished to the Company by such Holder of Registrable Securities expressly for use in (and such information is contained in) any registration statement under which securities were registered under the Securities Act at the request of the Holders of Registrable Securities, any preliminary prospectus or final prospectus contained therein or any amendment or supplement thereto. Notwithstanding the provisions of this paragraph (b) or paragraph (d) below, no Holder of Registrable Securities shall be required to indemnify any Person pursuant to this Section 5 or to contribute pursuant to paragraph (d) below in an amount in excess of the amount of the aggregate net proceeds received by such Holder of Registrable Securities in connection with any such Registration Statement under the Securities Act.
