Common use of Indemnification by Holder Clause in Contracts

Indemnification by Holder. Each Holder agrees to indemnify and hold harmless the Company, its respective directors and officers 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 to the same extent as the foregoing indemnity from the Company to such Holder, but only with respect to information relating to such Holder furnished in writing by such Holder expressly for use in any Registration Statement or Prospectus, or any amendment or supplement thereto, or any preliminary prospectus. In case any action or proceeding shall be brought against the Company or its respective 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 the Company, and the Company or its respective directors or officers or such controlling person shall have the rights and duties given to each holder by the preceding paragraph. In no event shall the liability of any Holder 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 12 contracts

Samples: Registration Rights Agreement (Derma Sciences, Inc.), Registration Rights Agreement (Derma Sciences, Inc.), Registration Rights Agreement (Derma Sciences Inc)

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Indemnification by Holder. Each Holder agrees to indemnify and hold harmless the Company, its respective directors and 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 and each underwriter, if any, and each person who controls any underwriter within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such Holderset forth above in Section 5.01, but only with respect to information relating to such Holder furnished in writing by such Holder the Holder, or on its behalf expressly for use use, under the heading "Selling Shareholders" and "Distribution," in any the Registration Statement or Prospectusprospectus relating to the Shares, or any amendment or supplement thereto, thereto or any preliminary prospectus; provided, however, that the obligation of each Holder shall be several and not joint. In case any action or proceeding shall be brought against the Company or its respective directors or officers or officers, any such controlling person, or any such underwriter or controlling person of an underwriter in respect of which indemnity may be sought against a the Holder, such the Holder shall have the rights and duties given to the Company, and the Company or its respective directors or officers or such controlling person or any such underwriter or controlling person of an underwriter shall have the rights and duties given to each holder the Holder, by the preceding paragraph. In no event shall the liability of any Holder 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 obligationSection 5.01 hereof.

Appears in 3 contracts

Samples: Securities Exchange Agreement (At&t Corp), Securities Exchange Agreement (Metrocall Inc), Registration Rights Agreement (At&t Corp)

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Indemnification by Holder. Each To the extent permitted by law, Holder agrees to indemnify and hold harmless the Company, its respective directors and directors, employees, officers and agents, 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 Act, and Holder, and each of Holder's partners, officers, directors, employees, heirs, successors, assigns and agents and each person controlling Holder, to the same extent as the foregoing indemnity from the Company to such the Indemnified Holder, but only with respect to information relating to such Holder furnished in writing by such Holder expressly for use in any Registration Statement or Prospectus, or any amendment or supplement thereto, or any preliminary prospectus, or given supplementally to the SEC, the National Association of Securities Dealers, any exchange or state securities regulators. In case any action or proceeding shall be brought against the Company or its respective directors or officers or any such controlling person, in respect of which indemnity may be sought against a HolderHolder hereunder, such (a) Holder shall have the rights and duties given the Company, and (b) the Company and its directors, officers, employees or its respective directors or officers or such agents and controlling person persons shall have the rights and duties given to each holder Indemnified Holder by the preceding paragraphparagraph 5.1. In no event shall the liability of any Holder 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 1 contract

Samples: California Corporation Registration Rights Agreement (Real Goods Trading Corp)

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