Common use of Indemnification of Company, Directors and Officers and Selling Shareholder Clause in Contracts

Indemnification of Company, Directors and Officers and Selling Shareholder. The Underwriter agrees to indemnify and hold harmless the Company, its directors, each of its officers who signed the Registration Statement, and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Act, and the Selling Shareholder and each person, if any, who controls such Selling Shareholder 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 Section 6(a)(1) hereof, 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), including any preliminary prospectus, any Issuer Free Writing Prospectus, information deemed to be a part thereof pursuant to Rule 430B or the Prospectus (or any amendment or supplement thereto) in reliance upon and in conformity with written information furnished to the Company by the Underwriter expressly for use therein. The Company acknowledges that, under the heading “Underwriting” contained in the Prospectus (i) the name of the Underwriter in the first paragraph, (ii) the first and second sentences of the first paragraph under the caption “Discount” and (iii) the first, second, and third paragraphs under the caption “Price Stabilization, Short Positions and Penalty Bids” constitute the only information furnished in writing by or on behalf of the Underwriter for inclusion in the Registration Statement, any preliminary prospectus, any Issuer Free Writing Prospectus or the Prospectus or in any amendment or supplement thereto.

Indemnification of Company, Directors and Officers and Selling Shareholder. The Each Underwriter severally agrees to indemnify and hold harmless the Company, its directors, each of its officers who signed the Registration Statement, and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Act, and the Selling Shareholder and each person, if any, who controls such the Selling Shareholder 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 Section 6(a)(1the indemnity contained in subsection (a) hereofof this Section, 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), including the Rule 430 Information or any preliminary prospectusPreliminary Prospectus, any Issuer Free Writing Prospectus, information deemed to be a part thereof pursuant to Rule 430B Prospectus or the Prospectus (or any amendment or supplement thereto) in reliance upon and in conformity with written information furnished to the Company by such Underwriter through the Underwriter Representatives expressly for use therein. The Company acknowledges that, under It is understood and agreed by the heading “Underwriting” contained in the Prospectus (i) the name of the Underwriter in the first paragraph, (ii) the first and second sentences of the first paragraph under the caption “Discount” and (iii) the first, second, and third paragraphs under the caption “Price Stabilization, Short Positions and Penalty Bids” constitute parties hereto that the only written information furnished in writing to the Company by or on behalf of the Underwriter Underwriters through the Representatives expressly for inclusion use in the Registration StatementStatement (or any amendment thereto), including the Rule 430 Information or any preliminary prospectusPreliminary Prospectus, any Issuer Free Writing Prospectus or the Prospectus (or in any amendment or supplement thereto) are contained in the first paragraph under “Commissions and Discounts”, under “Other Relationships” and in the first two paragraphs under “Price Stabilization and Short Positions” in the section entitled “Underwriting” in the Preliminary Prospectus and the Prospectus.

Indemnification of Company, Directors and Officers and Selling Shareholder. The Underwriter agrees to indemnify and hold harmless the Company, its directors, each of its officers who signed the Registration Statement, and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Act, and the Selling Shareholder and each person, if any, who controls such Selling Shareholder 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 Section 6(a)(1) hereof, 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), including any preliminary prospectus, any Issuer Free Writing Prospectus, information deemed to be a part thereof pursuant to Rule 430B or the Prospectus (or any amendment or supplement thereto) in reliance upon and in conformity with written information furnished to the Company by the Underwriter expressly for use therein. The Company acknowledges that, under the heading “Underwriting” contained in the Prospectus (i) the name of the Underwriter in the first paragraph, (ii) the first and second sentences of the first paragraph under the caption “DiscountCommissions and Discounts” and (iii) the first, second, and third paragraphs under the caption “Price Stabilization, Short Positions and Penalty Bids” constitute the only information furnished in writing by or on behalf of the Underwriter for inclusion in the Registration Statement, any preliminary prospectus, any Issuer Free Writing Prospectus or the Prospectus or in any amendment or supplement thereto.

Indemnification of Company, Directors and Officers and Selling Shareholder. The Each Underwriter severally agrees to indemnify and hold harmless the Company, its directors, each of its officers who signed the Registration Statement, and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Act, and the Selling Shareholder and each person, if any, who controls such Selling Shareholder 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 Section 6(a)(1the indemnities contained in subsection (a) hereofof this Section, 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), including any preliminary prospectusthe Rule 430A Information, the Statutory Prospectus, any Issuer Free Writing Prospectus, information deemed to be a part thereof pursuant to Rule 430B Prospectus or the Prospectus (or any amendment or supplement thereto) in reliance upon and in conformity with written information concerning such Underwriter furnished to the Company by such Underwriter through the Underwriter Representatives expressly for use therein. The Company acknowledges that, parties hereto understand and agree that the only such information concerning such Underwriter furnished by any Underwriter consists of the following information in the Prospectus furnished on behalf of each Underwriter: the concession and reallowance figures and sales to discretionary accounts appearing in the sixth paragraph under the heading “Underwriting” and the information contained in the Prospectus (i) the name of the Underwriter in the first paragraph, (ii) the first and second sentences of the first paragraph under the caption heading “DiscountUnderwriting—Over-allotment option” discussing possible stabilization measures and (iii) the first, second, addresses of the Representatives appearing in the third and third fourth paragraphs under the caption heading “Price Stabilization, Short Positions and Penalty Bids” constitute the only information furnished in writing by or on behalf of the Underwriter for inclusion in the Registration Statement, any preliminary prospectus, any Issuer Free Writing Prospectus or the Prospectus or in any amendment or supplement theretoUnderwriting—Electronic Prospectus.”

Indemnification of Company, Directors and Officers and Selling Shareholder. The Each Underwriter severally agrees to indemnify and hold harmless the Company, its directors, each of its officers who signed the Registration Statement, and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Act, and the Selling Shareholder and each person, if any, who controls such the Selling Shareholder 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 Section 6(a)(1the indemnity contained in subsection (a)(1) hereofof this Section, 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), including the Rule 430A Information or any preliminary prospectus, any Issuer Free Writing Prospectus, information deemed to be a part thereof pursuant to Rule 430B Prospectus or the Prospectus (or any amendment or supplement thereto) in reliance upon and in conformity with written information furnished to the Company by such Underwriter through the Underwriter Representatives expressly for use therein. The Company acknowledges that, under the heading “Underwriting,” contained in the Prospectus (i) the name of the each Underwriter in the table following the first paragraph, (ii) the first and second sentences of the first paragraph under the caption “DiscountCommissions and Discounts” and (iii) the first, second, third and third fourth paragraphs under the caption “Price Stabilization, Short Positions and Penalty Bids” constitute the only information furnished in writing by or on behalf of the Underwriter Underwriters for inclusion in the Registration Statement, any preliminary prospectus, any Issuer Free Writing Prospectus or the Prospectus or in any amendment or supplement thereto.