Common use of Indemnification by Holder of Registrable Securities Clause in Contracts

Indemnification by Holder of Registrable Securities. Each Holder of Registrable Securities shall indemnify and hold harmless the Company, its directors and officers and each Person, if any, who controls the Company within the meaning of the Securities Act or the Exchange Act for all Losses arising out of, or based upon, (i) any untrue statement or alleged untrue statement of a material fact contained in a Registration Statement, or incorporated by reference therein, under which Registrable Securities were registered under the Securities Act or incorporated by reference therein, including, without limitation, any preliminary Prospectus or final Prospectus contained therein or any amendments or supplements thereto, or any omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading in light of the circumstances under which such statements were made, but only to the extent that such untrue statement or omission resulted from information that a Holder furnished to the Company in writing expressly for use therein. Notwithstanding the foregoing, no Holder shall have any liability from an amount that exceeds the net proceeds to be received by such Holder upon the sale of Registrable Securities giving rise to such indemnification obligation. Such indemnity shall remain in full force and effect, regardless of any investigation made by the Company, and shall survive any transfer of Registrable Securities by such Indemnified Holder.

Indemnification by Holder of Registrable Securities. Each Holder of Registrable Securities agrees, and such agreement shall be evidenced by the Holder delivering the notice described in Section 2(d) hereof, severally and not jointly to indemnify and hold harmless the Initial Purchasers, the other selling Holders, the Company, its directors and directors, its officers who sign a Registration Statement, and each Personperson, if any, who controls the Company Company, the Initial Purchasers and any other selling Holder (within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act for Act), from and against all Losses losses arising out of, of or based upon, (i) upon any untrue statement or alleged untrue statement of a material fact contained in a any Registration Statement, or incorporated by reference therein, under which Registrable Securities were registered under the Securities Act or incorporated by reference therein, including, without limitation, any preliminary Prospectus or final Prospectus contained therein preliminary prospectus or any amendments arising out of or supplements thereto, or based upon any omission or alleged omission to state therein of a material fact required to be stated therein or necessary to make the statements therein not misleading in light of misleading, to the circumstances under which such statements were madeextent, but only to the extent extent, that such untrue statement or omission resulted from is contained in any information that a relating to such Holder so furnished in writing by such Holder to the Company in writing expressly for use thereinin such Registration Statement or Prospectus. Notwithstanding In no event shall the foregoing, no Holder shall have liability of any liability from an selling holder of Registrable Securities hereunder be greater in amount that exceeds than the net dollar amount of the proceeds to be received by such Holder holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. Such indemnity shall remain in full force and effect, regardless of any investigation made by the Company, and shall survive any transfer of Registrable Securities by such Indemnified Holder.

Indemnification by Holder of Registrable Securities. Each Holder of Registrable Securities agrees, and such agreement shall be evidenced by the Holder delivering the notice described in Section 2(d) hereof, severally and not jointly to indemnify and hold harmless the Initial Purchasers, the other selling Holders, the Company, its directors and directors, its officers who sign a Registration Statement, and each Personperson, if any, who controls the Company Company, the Initial Purchasers and any other selling Holder (within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act for Act), from and against all Losses losses arising out of, of or based upon, (i) upon any untrue statement or alleged untrue statement of a material fact contained in a any Registration Statement, or incorporated by reference therein, under which Registrable Securities were registered under the Securities Act or incorporated by reference therein, including, without limitation, any preliminary Prospectus or final Prospectus contained therein preliminary prospectus or any amendments arising out of or supplements thereto, or based upon any omission or alleged omission to state therein of a material fact required to be stated therein or necessary to make the statements therein not misleading in light of misleading, to the circumstances under which such statements were madeextent, but only to the extent extent, that such untrue statement or omission resulted from is contained in any information that a relating to such Holder so furnished in writing by such Holder to the Company in writing expressly for use thereinin such Registration Statement or Prospectus. Notwithstanding In no event shall the foregoing, no liability of any selling Holder shall have any liability from an of Registrable Securities hereunder be greater in amount that exceeds than the net dollar amount of the proceeds to be received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. Such indemnity shall remain in full force and effect, regardless of any investigation made by the Company, and shall survive any transfer of Registrable Securities by such Indemnified Holder.

Indemnification by Holder of Registrable Securities. Each Holder of Registrable Securities agrees, and such agreement shall be evidenced by the Holder delivering the Notice and Questionnaire described in Section 2(d) hereof, severally and not jointly to indemnify and hold harmless the Initial Purchasers, the other Holders, the Company, its directors and directors, its officers who sign a Registration Statement, and each Personperson, if any, who controls the Company Company, the Initial Purchasers and any other Holder (within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act for Act), from and against all Losses losses arising out of, of or based upon, (i) upon any untrue statement or alleged untrue statement of a material fact contained in a any Registration Statement, or incorporated by reference therein, under which Registrable Securities were registered under the Securities Act or incorporated by reference therein, including, without limitation, any preliminary Prospectus or final Prospectus contained therein preliminary prospectus or any amendments arising out of or supplements thereto, or based upon any omission or alleged omission to state therein of a material fact required to be stated therein or necessary to make the statements therein not misleading in light of misleading, to the circumstances under which such statements were madeextent, but only to the extent extent, that such untrue statement or omission resulted from is contained in any information that a relating to such Holder so furnished in writing by such Holder to the Company in writing expressly for use thereinin such Registration Statement or Prospectus. Notwithstanding In no event shall the foregoing, no liability of any Holder shall have any liability from an of Registrable Securities hereunder be greater in amount that exceeds than the net dollar amount of the proceeds to be received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. Such indemnity shall remain in full force and effect, regardless of any investigation made by the Company, and shall survive any transfer of Registrable Securities by such Indemnified Holder.

Indemnification by Holder of Registrable Securities. Each Holder of Registrable Securities agrees, and such agreement shall be evidenced by the Holder delivering the Notice and Questionnaire described in Section 2(d) hereof, severally and not jointly to indemnify and hold harmless the Initial Purchaser, the other Holders, the Company, its directors and directors, its officers who sign a Registration Statement, and each Personperson, if any, who controls the Company Company, the Initial Purchaser and any other Holder (within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act for Act), from and against all Losses losses arising out of, of or based upon, (i) upon any untrue statement or alleged untrue statement of a material fact contained in a any Registration Statement, or incorporated by reference therein, under which Registrable Securities were registered under the Securities Act or incorporated by reference therein, including, without limitation, any preliminary Prospectus or final Prospectus contained therein preliminary prospectus or any amendments arising out of or supplements thereto, or based upon any omission or alleged omission to state therein of a material fact required to be stated therein or necessary to make the statements therein not misleading in light of misleading, to the circumstances under which such statements were madeextent, but only to the extent extent, that such untrue statement or omission resulted from is contained in any information that a relating to such Holder so furnished in writing by such Holder to the Company in writing expressly for use thereinin such Registration Statement or Prospectus. Notwithstanding In no event shall the foregoing, no liability of any Holder shall have any liability from an of Registrable Securities hereunder be greater in amount that exceeds than the net dollar amount of the proceeds to be received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. Such indemnity shall remain in full force and effect, regardless of any investigation made by the Company, and shall survive any transfer of Registrable Securities by such Indemnified Holder.

Indemnification by Holder of Registrable Securities. Each Holder of Registrable Securities agrees, and such agreement shall be evidenced by the Holder delivering the notice described in Section 2(d) hereof, severally and not jointly to indemnify and hold harmless the Initial Purchaser, the other selling Holders, the Company, its directors and directors, its officers who sign a Registration Statement, and each Personperson, if any, who controls the Company Company, the Initial Purchaser and any other selling Holder (within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act for Act), from and against all Losses losses arising out of, of or based upon, (i) upon any untrue statement or alleged untrue statement of a material fact contained in a any Registration Statement, or incorporated by reference therein, under which Registrable Securities were registered under the Securities Act or incorporated by reference therein, including, without limitation, any preliminary Prospectus or final Prospectus contained therein preliminary prospectus or any amendments arising out of or supplements thereto, or based upon any omission or alleged omission to state therein of a material fact required to be stated therein or necessary to make the statements therein not misleading in light of misleading, to the circumstances under which such statements were madeextent, but only to the extent extent, that such untrue statement or omission resulted from is contained in any information that a relating to such Holder so furnished in writing by such Holder to the Company in writing expressly for use thereinin such Registration Statement or Prospectus. Notwithstanding In no event shall the foregoing, no liability of any selling Holder shall have any liability from an of Registrable Securities hereunder be greater in amount that exceeds than the net dollar amount of the proceeds to be received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. Such indemnity shall remain in full force and effect, regardless of any investigation made by the Company, and shall survive any transfer of Registrable Securities by such Indemnified Holder.

Indemnification by Holder of Registrable Securities. Each Holder of Registrable Securities agrees, and such agreement shall be evidenced by the Holder delivering the notice described in Section 2(d) hereof, severally and not jointly to indemnify and hold harmless the Initial Purchaser, the other selling Holders, the Company, its directors and directors, its officers who sign a Registration Statement, and each Personperson, if any, who controls the Company Company, the Initial Purchaser and any other selling Holder (within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act for Act), from and against all Losses losses arising out of, of or based upon, (i) upon any untrue statement or alleged untrue statement of a material fact contained in a any Registration Statement, or incorporated by reference therein, under which Registrable Securities were registered under the Securities Act or incorporated by reference therein, including, without limitation, any preliminary Prospectus or final Prospectus contained therein preliminary prospectus or any amendments arising out of or supplements thereto, or based upon any omission or alleged omission to state therein of a material fact required to be stated therein or necessary to make the statements therein not misleading in light of misleading, to the circumstances under which such statements were madeextent, but only to the extent extent, that such untrue statement or omission resulted from is contained in any information that a relating to such Holder so furnished in writing by such Holder to the Company in writing expressly for use thereinin such Registration Statement or Prospectus. Notwithstanding In no event shall the foregoing, no liability of any selling Holder shall have any liability from an of Registrable Securities hereunder be greater in amount that exceeds than the net dollar amount of the proceeds to be received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. Such indemnity shall remain in full force and effect, regardless of any investigation made by the Company, and shall survive any transfer of Registrable Securities by such Indemnified Holder.

Indemnification by Holder of Registrable Securities. Each Holder of Registrable Securities agrees, and such agreement shall be evidenced by the Holder delivering the notice described in Section 2(d) hereof, severally and not jointly, to indemnify and hold harmless the Initial Purchasers, the other selling Holders, the Company, its directors and directors, its officers who sign a Registration Statement, and each Personperson, if any, who controls the Company Company, the Initial Purchasers and any other selling Holder (within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act for Act), from and against all Losses losses arising out of, of or based upon, (i) upon any untrue statement or alleged untrue statement of a material fact contained in a any Registration Statement, or incorporated by reference therein, under which Registrable Securities were registered under the Securities Act or incorporated by reference therein, including, without limitation, any preliminary Prospectus or final Prospectus contained therein preliminary prospectus or any amendments arising out of or supplements thereto, or based upon any omission or alleged omission to state therein of a material fact required to be stated therein or necessary to make the statements therein not misleading in light of misleading, to the circumstances under which such statements were madeextent, but only to the extent that such untrue statement or omission resulted from is contained in any information that a relating to such Holder so furnished in writing by such Holder to the Company in writing expressly for use thereinin such Registration Statement or Prospectus. Notwithstanding In no event shall the foregoing, no liability of any selling Holder shall have any liability from an of Registrable Securities hereunder be greater in amount that exceeds than the net dollar amount of the proceeds to be received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. Such indemnity shall remain in full force and effect, regardless of any investigation made by the Company, and shall survive any transfer of Registrable Securities by such Indemnified Holder.

Indemnification by Holder of Registrable Securities. Each Holder of Registrable Securities agrees, and such agreement shall be evidenced by the Holder delivering a Questionnaire, severally and not jointly, to indemnify and hold harmless the Initial Purchasers, the other Holders, the Company, its directors and directors, its officers who sign a Registration Statement, and each Personperson, if any, who controls the Company Company, the Initial Purchasers and any other Holder (within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act for Act), from and against all Losses arising out of, of or based upon, (i) upon any untrue statement or alleged untrue statement of a material fact contained in a any Registration Statement, or incorporated by reference therein, under which Registrable Securities were registered under the Securities Act or incorporated by reference therein, including, without limitation, any preliminary Prospectus or final Prospectus contained therein preliminary prospectus or any amendments arising out of or supplements thereto, or based upon any omission or alleged omission to state therein of a material fact required to be stated therein or necessary to make the statements therein not misleading in light of misleading, to the circumstances under which such statements were madeextent, but only to the extent extent, that such untrue statement or omission resulted from is contained in any information that a relating to such Holder so furnished in writing by such Holder to the Company in writing expressly for use thereinin such Registration Statement or Prospectus. Notwithstanding In no event shall the foregoing, no liability of any Holder shall have any liability from an of Registrable Securities hereunder be greater in amount that exceeds than the net dollar amount of the proceeds to be received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. Such indemnity shall remain in full force and effect, regardless of any investigation made by the Company, and shall survive any transfer of Registrable Securities by such Indemnified Holder.

Indemnification by Holder of Registrable Securities. Each Holder of Registrable Securities shall agrees severally and not jointly to indemnify and hold harmless the Company, Company and its respective directors and officers officers, and each Personperson, if any, who controls the Company (within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act for Act), from and against all Losses arising out of, of or based upon, (i) upon any untrue statement or alleged untrue statement of a material fact contained in a any Registration StatementStatement or Prospectus or in any amendment or supplement thereto or in any preliminary prospectus, or incorporated by reference therein, under which Registrable Securities were registered under the Securities Act arising out of or incorporated by reference therein, including, without limitation, any preliminary Prospectus or final Prospectus contained therein or any amendments or supplements thereto, or based upon any omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading in light of misleading, to the circumstances under which such statements were madeextent, but only to the extent extent, that such untrue statement or alleged untrue statement or omission resulted from or alleged omission was made in reliance upon and in conformity with information that a Holder furnished to the Company in writing by such Holder expressly for use thereinin such Registration Statement or Prospectus. Notwithstanding In no event shall the foregoing, no liability of any selling Holder shall have any liability from an of Registrable Securities hereunder be greater in amount that exceeds than the net dollar amount of the proceeds to be received by such Holder upon the sale of the Registrable Securities pursuant to the Registration Statement giving rise to such indemnification obligation. Such indemnity shall remain in full force and effect, regardless of any investigation made by the Company, and shall survive any transfer of Registrable Securities by such Indemnified Holder.

Indemnification by Holder of Registrable Securities. Each Holder of Registrable Securities shall agrees severally and not jointly to indemnify and hold harmless Lomak and the CompanyTrust, its directors and Lomak's directors, Lomak's officers who sign a Registration Statement, the trustees of the Trust, and each Personperson, if any, who controls Lomak or the Company Trust (within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act for Act), from and against all Losses losses arising out of, of or based upon, (i) upon any untrue statement statement, or alleged untrue statement of a material fact contained in a any Registration Statement, or incorporated by reference therein, under which Registrable Securities were registered under the Securities Act or incorporated by reference therein, including, without limitation, any preliminary Prospectus or final Prospectus contained therein preliminary prospectus or any amendments arising out of or supplements thereto, or based upon any omission or alleged omission to state therein of a material fact required to be stated therein or necessary to make the statements therein not misleading in light of misleading, to the circumstances under which such statements were madeextent, but only to the extent extent, that such untrue statement, alleged untrue statement or omission resulted from or alleged omission is contained in any information that a relating to such Holder so furnished to the Company in writing by such Holder to Lomak or the Trust expressly for use thereinin such Registration Statement or Prospectus. Notwithstanding In no event shall the foregoing, no liability of any selling Holder shall have any liability from an of Registrable Securities hereunder be greater in amount that exceeds than the net dollar amount of the proceeds to be received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. Such indemnity shall remain in full force and effect, regardless of any investigation made by the Company, and shall survive any transfer of Registrable Securities by such Indemnified Holder.

Indemnification by Holder of Registrable Securities. Each Holder of Registrable Securities agrees, and such agreement shall be evidenced by the Holder delivering the notice described in Section 2(d) hereof, severally and not jointly to indemnify and hold harmless the Initial Purchaser, the other selling Holders, the Company, its directors and directors, its officers who sign a Registration Statement, and each Personperson, if any, who controls the Company Company, the Initial Purchaser and any other selling Holder (within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act for Act), from and against all Losses losses arising out of, of or based upon, (i) upon any untrue statement or alleged untrue statement of a material fact contained in a any Registration Statement, or incorporated by reference therein, under which Registrable Securities were registered under the Securities Act or incorporated by reference therein, including, without limitation, any preliminary Prospectus or final Prospectus contained therein preliminary prospectus or any amendments arising out of or supplements thereto, or based upon any omission or alleged omission to state therein of a material fact required to be stated therein or necessary to make the statements therein not misleading in light of misleading, to the circumstances under which such statements were madeextent, but only to the extent that such untrue statement or omission resulted from is contained in any information that a relating to such Holder so furnished in writing by such Holder (or its representative) to the Company in writing expressly for use thereinin such Registration Statement or Prospectus. Notwithstanding In no event shall the foregoing, no liability of any selling Holder shall have any liability from an of Registrable Securities hereunder be greater in amount that exceeds than the net dollar amount of the gross proceeds to be received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. Such indemnity shall remain in full force and effect, regardless of any investigation made by the Company, and shall survive any transfer of Registrable Securities by such Indemnified Holder.

Indemnification by Holder of Registrable Securities. Each Holder of Registrable Securities agrees, and such agreement shall be evidenced by the Holder delivering a Notice and Questionnaire, severally and not jointly to indemnify and hold harmless the Initial Purchaser, the other selling Holders, the Company, its directors and directors, its officers who sign a Registration Statement, and each Personperson, if any, who controls the Company Company, the Initial Purchaser and any other selling Holder (within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act for Act), from and against all Losses losses arising out of, of or based upon, (i) upon any untrue statement or alleged untrue statement of a material fact contained in a any Registration Statement, or incorporated by reference therein, under which Registrable Securities were registered under the Securities Act or incorporated by reference therein, including, without limitation, any preliminary Prospectus or final Prospectus contained therein preliminary prospectus or any amendments arising out of or supplements thereto, or based upon any omission or alleged omission to state therein of a material fact required to be stated therein or necessary to make the statements therein not misleading in light of misleading, to the circumstances under which such statements were madeextent, but only to the extent extent, that such untrue statement or omission resulted from is contained in any information that a relating to such Holder so furnished in writing by such Holder to the Company in writing expressly for use thereinin such Registration Statement or Prospectus. Notwithstanding In no event shall the foregoing, no liability of any selling Holder shall have any liability from an of Registrable Securities hereunder be greater in amount that exceeds than the net dollar amount of the proceeds to be received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. Such indemnity shall remain in full force and effect, regardless of any investigation made by the Company, and shall survive any transfer of Registrable Securities by such Indemnified Holder.

Indemnification by Holder of Registrable Securities. Each Holder of Registrable Securities shall agrees severally and not jointly to indemnify and hold harmless the Company, its Xxxx Atlantic and FSI and their respective directors and officers officers, and each Personperson, if any, who controls the Company Xxxx Atlantic or FSI (within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act for Act), from and against all Losses losses arising out of, of or based upon, (i) upon any untrue statement or alleged untrue statement of a material fact contained in a any Registration StatementStatement or Prospectus or in any amendment or supplement thereto or in any preliminary prospectus, or incorporated by reference therein, under which Registrable Securities were registered under the Securities Act arising out of or incorporated by reference therein, including, without limitation, any preliminary Prospectus or final Prospectus contained therein or any amendments or supplements thereto, or based upon any omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading in light of misleading, to the circumstances under which such statements were madeextent, but only to the extent extent, that such untrue statement or omission resulted from is contained in any information that a relating to such Holder so furnished to the Company in writing by such Holder to Xxxx Atlantic and FSI expressly for use thereinin such Registration Statement or Prospectus. Notwithstanding In no event shall the foregoing, no liability of any selling Holder shall have any liability from an of Registrable Securities hereunder be greater in amount that exceeds than the net dollar amount of the proceeds to be received by such Holder upon the sale of the Registrable Securities pursuant to the Shelf Registration Statement giving rise to such indemnification obligation. Such indemnity shall remain in full force and effect, regardless of any investigation made by the Company, and shall survive any transfer of Registrable Securities by such Indemnified Holder.

Indemnification by Holder of Registrable Securities. Each Holder of Registrable Securities shall agrees severally and not jointly to indemnify and hold harmless Federal-Mogul and the Company, its Trust and their respective directors and officers officers, including without limitation the trustees of the Trust, and each Personperson, if any, who controls Federal-Mogul or the Company Trust (within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act for Act), from and against all Losses losses arising out of, of or based upon, (i) upon any untrue statement or alleged untrue statement of a material fact contained in a any Registration StatementStatement or Prospectus or in any amendment or supplement thereto or in any preliminary prospectus, or incorporated by reference therein, under which Registrable Securities were registered under the Securities Act arising out of or incorporated by reference therein, including, without limitation, any preliminary Prospectus or final Prospectus contained therein or any amendments or supplements thereto, or based upon any omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading in light of misleading, to the circumstances under which such statements were madeextent, but only to the extent extent, that such untrue statement or omission resulted from is contained in any information that a relating to such Holder so furnished to the Company in writing by such Holder to Federal-Mogul and the Trust expressly for use thereinin such Registration Statement or Prospectus. Notwithstanding In no event shall the foregoing, no liability of any selling Holder shall have any liability from an of Registrable Securities hereunder be greater in amount that exceeds than the net dollar amount of the proceeds to be received by such Holder upon the sale of the Registrable Securities pursuant to the Shelf Registration Statement giving rise to such indemnification obligation. Such indemnity shall remain in full force and effect, regardless of any investigation made by the Company, and shall survive any transfer of Registrable Securities by such Indemnified Holder.

Indemnification by Holder of Registrable Securities. Each Holder of Registrable Securities agrees, and such agreement shall be evidenced by the Holder delivering the notice described in Section 2(d) hereof, severally and not jointly to indemnify and hold harmless the Company, its directors and the Company's directors, the Company's officers who sign a Registration Statement, and each Personperson, if any, who controls the Company (within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act for Act), from and against all Losses losses arising out of, of or based upon, (i) upon any untrue statement or alleged untrue statement of a material fact contained in a any Registration Statement, or incorporated by reference therein, under which Registrable Securities were registered under the Securities Act or incorporated by reference therein, including, without limitation, any preliminary Prospectus or final Prospectus contained therein preliminary prospectus or any amendments arising out of or supplements thereto, or based upon any omission or alleged omission to state therein of a material fact required to be stated therein or necessary to make the statements therein not misleading in light of misleading, to the circumstances under which such statements were madeextent, but only to the extent extent, that such untrue statement or omission resulted from is contained in any information that a relating to such Holder so furnished in writing by such Holder to the Company in writing expressly for use thereinin such Registration Statement or Prospectus. Notwithstanding In no event shall the foregoing, no liability of any selling Holder shall have any liability from an of Registrable Securities hereunder be greater in amount that exceeds than the net dollar amount of the proceeds to be received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. Such indemnity shall remain in full force and effect, regardless of any investigation made by the Company, and shall survive any transfer of Registrable Securities by such Indemnified Holder.