Common use of Indemnification by the Underwriters Clause in Contracts

Indemnification by the Underwriters. Each Underwriter severally and not jointly agrees to indemnify and hold harmless the Company, its directors, each of its officers who signed the Registration Statement, and the Operating Partnership and each person, if any, who controls the Company, and the Operating Partnership within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Act against any and all loss, liability, claim, damage and expense described in the indemnity contained in subsection (a) of this Section 6, as incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendment thereto), any Issuer Free Writing Prospectus, the Disclosure Package or the Prospectus (or any amendment or supplement thereto) in reliance upon and in conformity with written information furnished to the Company by the Underwriters expressly for use in the Registration Statement (or any amendment thereto), any Issuer Free Writing Prospectus, the Disclosure Package or the Prospectus (or any amendment or supplement thereto), which information is described in Section 1(a)(1) hereof. The indemnity agreement set forth in this Section 6(c) shall be in addition to any liabilities that the Underwriters may otherwise have.

Appears in 2 contracts

Samples: Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Arbor Realty Trust Inc)

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Indemnification by the Underwriters. Each Underwriter The Underwriters, severally and not jointly agrees jointly, agree to indemnify and hold harmless the Company, its directors, each of its officers who signed the Registration Statement, Statement and the Operating Partnership and each person, if any, who controls the Company, Company and the Operating Partnership within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Act against any and all loss, liability, claim, damage and expense described in the indemnity contained in subsection (a) of this Section 6, as incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendment thereto), any Issuer Free Writing Prospectus, the Disclosure Package or the Prospectus (or any amendment or supplement thereto) in reliance upon and in conformity with written information furnished to the Company by the Underwriters expressly for use in the Registration Statement (or any amendment thereto), any Issuer Free Writing Prospectus, the Disclosure Package or the Prospectus (or any amendment or supplement thereto), which information is described in Section 1(a)(1) hereofUnderwriter Information. The indemnity agreement set forth in this Section 6(c6(b) shall be in addition to any liabilities that the Underwriters may otherwise have.

Appears in 2 contracts

Samples: Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Arbor Realty Trust Inc)

Indemnification by the Underwriters. Each Underwriter The Underwriters, severally and not jointly agrees jointly, agree to indemnify and hold harmless the Company, its directors, each of its officers who signed the Registration Statement, Statement and the Operating Partnership and each person, if any, who controls the Company, Company and the Operating Partnership within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Act against any and all loss, liability, claim, damage and expense described in the indemnity contained in subsection (a) of this Section 6, as incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendment thereto), any Issuer Free Writing Prospectus, the Disclosure Package or the Prospectus (or any amendment or supplement thereto) in reliance upon and in conformity with written information furnished to the Company by the Underwriters expressly for use in the Registration Statement (or any amendment thereto), any Issuer Free Writing Prospectus, the Disclosure Package or the Prospectus (or any amendment or supplement thereto), which information is described in Section 1(a)(1) hereofUnderwriter Information. The indemnity agreement set forth in this Section 6(c) shall be in addition to any liabilities that the Underwriters may otherwise have.

Appears in 2 contracts

Samples: Underwriting Agreement (Arbor Realty Trust Inc), Underwriting Agreement (Arbor Realty Trust Inc)

Indemnification by the Underwriters. Each Underwriter agrees, severally and not jointly agrees jointly, to indemnify and hold harmless the Company, its directors, each of its officers who signed the Registration StatementStatements, and the Operating Partnership and each person, if any, who controls the Company, and the Operating Partnership Company within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Act Act, and each Selling Shareholder against any and all loss, liability, claim, damage and expense described in the indemnity contained in subsection (a) of this Section 6, as incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement Statements (or any amendment thereto), or any preliminary prospectus, any Issuer Free Writing Prospectus, the Disclosure Package Prospectus or the Prospectus (or any amendment or supplement theretoto any of the foregoing) in reliance upon and in conformity with written information furnished to the Company by the Underwriters expressly for such Underwriter through Wells Fargo expresslx xxx use in the Registration Statement (or any amendment thereto), any Issuer Free Writing Prospectus, the Disclosure Package or the Prospectus (or any amendment or supplement thereto), which information is described in Section 1(a)(1) hereof. The indemnity agreement set forth in this Section 6(c) shall be in addition to any liabilities that the Underwriters may otherwise havetherein.

Appears in 1 contract

Samples: Underwriting Agreement (Georesources Inc)

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Indemnification by the Underwriters. Each Underwriter agrees, severally and not jointly agrees jointly, to indemnify and hold harmless the CompanyPartnership, its directorsthe directors of the General Partner, each of its the officers of the General Partner who signed the Registration Statement, and the Operating Partnership Statement and each person, if any, who controls the Company, and the Operating Partnership within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Act against any and all loss, liability, claim, damage and expense described in the indemnity contained in subsection (a) of this Section 6, as incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendment thereto), or in any preliminary prospectus, any Issuer Free Writing Prospectus, the General Disclosure Package or the Prospectus (or any amendment or supplement thereto) to any of the foregoing), in reliance upon and in conformity with written information furnished to the Company Partnership by the Underwriters such Underwriter expressly for use in the Registration Statement (or any amendment thereto), any Issuer Free Writing Prospectus, the Disclosure Package or the Prospectus (or any amendment or supplement thereto), which information is described in Section 1(a)(1) hereoftherein. The indemnity agreement set forth in this Section 6(c) shall be in addition to any liabilities that the Underwriters may otherwise have.The

Appears in 1 contract

Samples: Underwriting Agreement (Atlas Resource Partners, L.P.)

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