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

Indemnification by Holder of Registrable Securities. Each Holder, agrees severally and not jointly to indemnify and hold harmless the Company, its directors, its officers who sign a Registration Statement and each person, if any, who controls the Company (within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act), from and against all losses arising out of or based upon any untrue statement of a material fact contained in any Registration Statement, Prospectus or arising out of or based upon any omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, in light of the circumstances under which they were made, to the extent, but only to the extent, that such untrue statement or omission is contained in any information relating to such Holder so furnished in writing by such Holder to the Company expressly for use in such Registration Statement or Prospectus. In no event shall the liability of any Selling Holder of Registrable Securities hereunder be greater in amount than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation.

Appears in 6 contracts

Samples: Registration Rights Agreement (Kellstrom Industries Inc), Registration Rights Agreement (Bolder Technologies Corp), Registration Rights Agreement (Bolder Technologies Corp)

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Indemnification by Holder of Registrable Securities. Each Holder, agrees severally and not jointly to indemnify and hold harmless the Company, its directors, its 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), from and against all losses Losses arising out of or based upon any untrue statement of a material fact contained in any Registration Statement, Statement or Prospectus or arising out of or based upon any omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, in light of the circumstances under which they were made, to the extent, but only to the extent, that such untrue statement or omission is contained in any information relating to such Holder so furnished in writing by such Holder to the Company expressly for use in such Registration Statement or Prospectus. In no event shall the liability of any Selling Holder of Registrable Securities hereunder be greater in amount than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation.

Appears in 3 contracts

Samples: Registration Rights Agreement (Atria Communities Inc), Registration Rights Agreement (Concentra Managed Care Inc), Registration Rights Agreement (Whole Foods Market Inc)

Indemnification by Holder of Registrable Securities. Each Holder, Holder agrees severally and not jointly to indemnify and hold harmless the Company, its directors, its officers who sign a Registration Statement Statement, and each person, if any, who controls the Company (within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act), from and against all losses arising out of or based upon any untrue statement of a material fact contained in any Registration Statement, Prospectus or preliminary prospectus or arising out of or based upon any omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, in light of the circumstances under which they were made, to the extent, but only to the extent, that such untrue statement or omission is contained in any information relating to such Holder so furnished in writing by such Holder to the Company expressly for use in such Registration Statement or Prospectus. In no event shall the liability of any Selling Holder selling holder of Registrable Securities hereunder be greater in amount than the dollar amount of the proceeds received by such Holder holder upon the sale of the Registrable Securities giving rise to such indemnification obligation.

Appears in 2 contracts

Samples: Registration Rights Agreement (National Semiconductor Corp), Registration Rights Agreement (Interpublic Group of Companies Inc)

Indemnification by Holder of Registrable Securities. Each Holder, Holder agrees severally and not jointly to indemnify and hold harmless the Company, its directors, its officers who sign a Registration Statement Statement, and each person, if any, who controls the Company (within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act), from and against all losses arising out of or based upon any untrue statement of a material fact contained in any Registration Statement, Prospectus or preliminary prospectus or arising out of or based upon any omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, in light of the circumstances under which they were made, to the extent, but only to the extent, that such untrue statement or omission is contained in any information relating to such Holder so furnished in writing by such Holder to the Company expressly for use in such Registration Statement or Prospectus. In no event shall the liability of any Selling selling Holder of Registrable Securities hereunder be greater in amount than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation.

Appears in 2 contracts

Samples: Registration Rights Agreement (Family Golf Centers Inc), Registration Rights Agreement (Interpublic Group of Companies Inc)

Indemnification by Holder of Registrable Securities. Each Holder, The Investor agrees severally and not jointly to indemnify and hold harmless the CompanyCompany and its partners, its directorstrust managers, its officers who sign a Registration Statement officers, employees and agents, and each person, if any, Person who controls the Company any such Persons (within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act)) (collectively, from and the "Company") against all losses Losses arising out of or based upon any untrue statement of a material fact contained in any Registration Statement, Prospectus or arising out of preliminary prospectus or based upon any omission of 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 they were made, to the extent, but only to the extent, that such untrue statement or omission is contained in any information relating to such Holder or affidavit so furnished in writing by such Holder the Investor to the Company expressly specifically for use inclusion in such Registration Statement or Prospectus. In no event The Company shall be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating in the liability distribution, to the same extent as provided above with respect to information so furnished in writing by such Persons specifically for inclusion in any Prospectus or Registration Statement. The obligation of any Selling Holder of Registrable Securities the Investor to indemnify hereunder shall be greater in amount than limited to the dollar net amount of the proceeds received by such Holder upon Investor from the sale of the Registrable Securities giving rise pursuant to such indemnification obligationRegistration Statement or Prospectus.

Appears in 2 contracts

Samples: Registration Rights Agreement (American Industrial Properties Reit Inc), Registration Rights Agreement (American Industrial Properties Reit Inc)

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Indemnification by Holder of Registrable Securities. Each Holder, agrees severally and not jointly to indemnify and hold harmless the Company, its the directors, its officers who sign a Registration Statement officers, employees and agents of each such Holder 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), from and against all losses Losses arising out of or based upon any untrue statement of a material fact contained in any Registration Statement, Statement or Prospectus or arising out of or based upon any omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, in light of the circumstances under which they were made, to the extent, but only to the extent, that such untrue statement or omission is contained in any information relating to such Holder so furnished in writing by such Holder to the Company expressly for use in such Registration Statement or Prospectus. In no event shall the liability of any Selling Holder of Registrable Securities hereunder be greater in amount than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation, plus interest if such is awarded to any Purchaser from such Holder.

Appears in 1 contract

Samples: Registration Rights Agreement (Tekelec)

Indemnification by Holder of Registrable Securities. Each Holder, Holder --------------------------------------------------- agrees severally and not jointly to indemnify and hold harmless the Company, its directors, its officers who sign a Registration Statement and each person, if any, who controls the Company (within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act), from and against all losses arising out of or based upon any untrue statement of a material fact contained in any Registration Statement, Prospectus or preliminary prospectus or arising out of or based upon any omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, in light of the circumstances under which they were made, to the extent, but only to the extent, that such untrue statement or omission is contained in any information relating to such Holder so furnished in writing by such Holder to the Company expressly for use in such Registration Statement or Prospectus. In no event shall the liability of any Selling Holder selling holder of Registrable Securities hereunder be greater in amount than the dollar amount of the proceeds received by such Holder holder upon the sale of the Registrable Securities giving rise to such indemnification obligation.

Appears in 1 contract

Samples: Registration Rights Agreement (Central Garden & Pet Company)

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