Common use of Indemnification of the Issuers Clause in Contracts

Indemnification of the Issuers. Each Underwriter agrees, severally and not jointly, to indemnify and hold harmless the Company, Xxxxx, MPT, each of their respective directors and officers who signed the Registration Statement and each person, if any, who controls the Company, Xxxxx or MPT within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities that arise out of, or are based upon, any untrue statement or omission or alleged untrue statement or omission made in reliance upon and in conformity with any information relating to such Underwriter furnished to the Company and Xxxxx in writing by such Underwriter through the Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus, any “issuer information” filed or required to be filed pursuant to Rule 433(d) under the Securities Act, any Road Show or any Pricing Disclosure Package (including any Pricing Disclosure Package that has been subsequently amended), it being understood and agreed upon that the only such information consists of the following: the second and third sentence of the sixth paragraph, the third sentence of the eighth paragraph, and the first sentence of the eleventh paragraph, in each case under the heading of “Underwriting.”

Indemnification of the Issuers. Each Underwriter agreesThe Underwriters, severally and not jointly, agree to indemnify and hold harmless each of the CompanyIssuers, Xxxxx, MPTeach of the Guarantors, each of their respective directors and officers who signed the Registration Statement and each person, if any, who controls either of the Company, Xxxxx Issuers or MPT any of the Guarantors within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities that arise out of, or are based upon, any untrue statement or omission or alleged untrue statement or omission made in reliance upon and in conformity with any information relating to such Underwriter the Underwriters furnished to the Company and Xxxxx Issuers in writing by such Underwriter the Underwriters (including through the Representatives Representative) expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus, any “issuer information” filed or required to be filed pursuant to Rule 433(d) under the Securities Act, any Road Show Prospectus or any Pricing Disclosure Package (including any Pricing Disclosure Package that has been subsequently amended)Time of Sale Information, it being understood and agreed upon that the only such information consists of the following: the second and third sentence sentences of the sixth paragraph, the third sentence of seventh paragraph and the eighth paragraph, and the first sentence of the eleventh paragraph, in each case paragraph under the heading of section entitled “Underwriting” in the Prospectus.”

Indemnification of the Issuers. Each Underwriter agreesThe Underwriters, severally and not jointly, agree to indemnify and hold harmless each of the CompanyIssuers, Xxxxx, MPTeach of the Guarantors, each of their respective directors and officers who signed the Registration Statement and each person, if any, who controls either of the Company, Xxxxx Issuers or MPT any of the Guarantors within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities that arise out of, or are based upon, any untrue statement or omission or alleged untrue statement or omission made in reliance upon and in conformity with any information relating to such Underwriter the Underwriters furnished to the Company and Xxxxx Issuers in writing by such Underwriter the Underwriters (including through the Representatives Representative) expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus, any “issuer information” filed or required to be filed pursuant to Rule 433(d) under the Securities Act, any Road Show Prospectus or any Pricing Disclosure Package (including any Pricing Disclosure Package that has been subsequently amended)Time of Sale Information, it being understood and agreed upon that the only such information consists of the following: the second and third sentence sentences of the sixth paragraphfourth paragraph and the seventh paragraph under the section entitled “Underwriting” in the Prospectus and with respect to the Underwriters, the third sentence of Underwriters’ names as they appear on the eighth paragraph, and the first sentence of the eleventh paragraph, in each case under the heading of “Underwritingfront or back cover thereof.”

Indemnification of the Issuers. Each Underwriter Initial Purchaser agrees, severally and not jointly, to indemnify and hold harmless the CompanyIssuers, Xxxxx, MPTeach of the Guarantors, each of their respective directors and officers who signed the Registration Statement and each person, if any, who controls the Company, Xxxxx or MPT (within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act Act) the Issuers or any of the Guarantors to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities that arise out of, or are based upon, any untrue statement or omission or alleged untrue statement or omission made in reliance upon and in conformity with any information relating to such Underwriter Initial Purchaser furnished to the Company and Xxxxx Issuers in writing by such Underwriter Initial Purchaser through the Representatives Representative expressly for use in the Registration StatementPreliminary Offering Memorandum, any of the Prospectus other Time of Sale Information, any Issuer Written Communication or the Offering Memorandum (or any amendment or supplement thereto), any Issuer Free Writing Prospectus, any “issuer information” filed or required to be filed pursuant to Rule 433(d) under the Securities Act, any Road Show or any Pricing Disclosure Package (including any Pricing Disclosure Package that has been subsequently amended), it being understood and agreed upon that the only such information consists of the following: the second third and third sentence of the sixth paragraph, the third sentence of the eighth paragraph, and the first sentence fourth sentences of the eleventh paragraph, in each case paragraph and the fourteenth paragraph under the heading caption “Plan of “UnderwritingDistribution” in the Preliminary Offering Memorandum and the Offering Memorandum.”

Indemnification of the Issuers. Each Underwriter agrees, severally and not jointly, to indemnify and hold harmless the Companyeach Issuer, Xxxxxits directors, MPT, each of their respective directors and its officers who signed the Registration Statement and each person, if any, who controls the Company, Xxxxx or MPT an Issuer within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities that arise out of, or are based upon, any untrue statement or omission or alleged untrue statement or omission made in reliance upon and in conformity with any information relating to such Underwriter furnished to the Company and Xxxxx in writing by such Underwriter through the Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus, any “issuer information” filed or required to be filed pursuant to Rule 433(d) under the Securities Act, any Road Show Prospectus or any Pricing Disclosure Package (including any Pricing Disclosure Package that has been subsequently amended)Time of Sale Information, it being understood and agreed upon that the only such information consists of the followingfollowing information in the Prospectus furnished on behalf of each Underwriter: the second and third sentence sentences of the sixth third paragraph, the third sentence of the eighth paragraph, sixth paragraph and the first sentence of the eleventh paragraph, in each case seventh paragraph under the heading of caption “Underwriting”.”

Indemnification of the Issuers. Each Underwriter agrees, severally and not jointly, to indemnify and hold harmless the Company, Xxxxx, MPT, each of their respective directors and officers who signed the Registration Statement and each person, if any, who controls the Company, Xxxxx Xxxxx, or MPT within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities that arise out of, or are based upon, any untrue statement or omission or alleged untrue statement or omission made in reliance upon and in conformity with any information relating to such Underwriter furnished to the Company and Xxxxx in writing by such Underwriter through the Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus, any “issuer information” filed or required to be filed pursuant to Rule 433(d) under the Securities Act, any Road Show or any Pricing Disclosure Package (including any Pricing Disclosure Package that has been subsequently amended), it being understood and agreed upon that the only such information consists of the following: the second and third first sentence of the sixth third paragraph, the third sentence of the eighth paragraph, sixth paragraph and the first fourth and fifth sentence of the eleventh twelfth paragraph, in each case under the heading of “Underwriting.”

Indemnification of the Issuers. Each Underwriter agreesThe Underwriters, severally and not jointly, agree to indemnify and hold harmless each of the CompanyIssuers, Xxxxx, MPTeach of the Guarantors, each of their respective directors and officers who signed the Registration Statement and each person, if any, who controls either of the Company, Xxxxx Issuers or MPT any of the Guarantors within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities that arise out of, or are based upon, any untrue statement or omission or alleged untrue statement or omission made in reliance upon and in conformity with any information relating to such Underwriter the Underwriters furnished to the Company and Xxxxx Issuers in writing by such Underwriter the Underwriters (including through the Representatives Representative) expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus, any “issuer information” filed or required to be filed pursuant to Rule 433(d) under the Securities Act, any Road Show Prospectus or any Pricing Disclosure Package (including any Pricing Disclosure Package that has been subsequently amended)Time of Sale Information, it being understood and agreed upon that the only such information consists of the following: the second and third sentence sentences of the sixth paragraph, the third sentence of fifth paragraph and the eighth paragraph, and the first sentence of the eleventh paragraph, in each case paragraph under the heading of section entitled “Underwriting” in the Prospectus.”

Indemnification of the Issuers. Each Underwriter agrees, severally and not jointly, to indemnify and hold harmless the Company, Xxxxx, MPT, each of their respective directors and officers who signed the Registration Statement and each person, if any, who controls the Company, Xxxxx Xxxxx, or MPT within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities that arise out of, or are based upon, any untrue statement or omission or alleged untrue statement or omission made in reliance upon and in conformity with any information relating to such Underwriter furnished to the Company and Xxxxx in writing by such Underwriter through the Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus, any “issuer information” filed or required to be filed pursuant to Rule 433(d) under the Securities Act, any Road Show or any Pricing Disclosure Package (including any Pricing Disclosure Package that has been subsequently amended), it being understood and agreed upon that the only such information consists of the following: the fourth paragraph, the first and second and third sentence of the sixth fifth paragraph, the third and fourth sentence of the eighth seventh paragraph, and the first and second sentence of the eleventh tenth paragraph, in each case under the heading of “Underwriting.”

Indemnification of the Issuers. Each Underwriter agrees, severally and not jointly, to indemnify and hold harmless the Company, Xxxxx, MPT, each of their respective directors and officers who signed the Registration Statement and each person, if any, who controls the Company, Xxxxx Xxxxx, or MPT within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities that arise out of, or are based upon, any untrue statement or omission or alleged untrue statement or omission made in reliance upon and in conformity with any information relating to such Underwriter furnished to the Company and Xxxxx in writing by such Underwriter through the Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus, any “issuer information” filed or required to be filed pursuant to Rule 433(d) under the Securities Act, any Road Show or any Pricing Disclosure Package (including any Pricing Disclosure Package that has been subsequently amended), it being understood and agreed upon that the only such information consists of the following: the second and third first sentence of the sixth fifth paragraph, the third sentence of the eighth paragraph, seventh paragraph and the first sentence of the eleventh tenth paragraph, in each case under the heading of “Underwriting.”

Indemnification of the Issuers. Each Underwriter Initial Purchaser agrees, severally and not jointly, to indemnify and hold harmless each Issuer, each of the Company, Xxxxx, MPTGuarantors, each of their respective directors and officers who signed the Registration Statement and each person, if any, who controls the Company, Xxxxx Issuers or MPT any of the Guarantors (within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act Act) to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities that arise out of, or are based upon, any untrue statement or omission or alleged untrue statement or omission made in reliance upon and in conformity with any information relating to such Underwriter Initial Purchaser furnished to the Company and Xxxxx Partnership in writing by such Underwriter Initial Purchaser through the Representatives Representative expressly for use in the Registration StatementPreliminary Offering Memorandum, any of the Prospectus other Time of Sale Information, any Issuer Written Communication or the Offering Memorandum (or any amendment or supplement thereto), any Issuer Free Writing Prospectus, any “issuer information” filed or required to be filed pursuant to Rule 433(d) under the Securities Act, any Road Show or any Pricing Disclosure Package (including any Pricing Disclosure Package that has been subsequently amended), it being understood and agreed upon that the only such information consists of the following: the second and information included in the third sentence of the sixth paragraph, the third sentence of the eighth seventh paragraph, the ninth paragraph, the tenth paragraph and the first sentence first, third, seventh, eighth and ninth sentences of the eleventh twelfth paragraph, in each case respectively, under the heading caption “Plan of “UnderwritingDistribution” in the Preliminary Offering Memorandum and the Offering Memorandum.”

Indemnification of the Issuers. Each Underwriter agrees, severally and not jointly, The Underwriters agree to indemnify and hold harmless each of the CompanyIssuers, Xxxxx, MPTeach of the Guarantors, each of their respective directors and officers who signed the Registration Statement and each person, if any, who controls either of the Company, Xxxxx Issuers or MPT any of the Guarantors within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities that arise out of, or are based upon, any untrue statement or omission or alleged untrue statement or omission made in reliance upon and in conformity with any information relating to such Underwriter the Underwriters furnished to the Company and Xxxxx Issuers in writing by such Underwriter through the Representatives Underwriters expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus, any “issuer information” filed or required to be filed pursuant to Rule 433(d) under the Securities Act, any Road Show Prospectus or any Pricing Disclosure Package (including any Pricing Disclosure Package that has been subsequently amended)Time of Sale Information, it being understood and agreed upon that the only such information consists of the following: the second and third sentence sentences of the sixth paragraphfourth paragraph and the seventh paragraph under the section entitled “Underwriting” in the Prospectus and with respect to the Underwriters, the third sentence of Underwriters’ names as they appear on the eighth paragraph, and the first sentence of the eleventh paragraph, in each case under the heading of “Underwritingfront or back cover thereof.”

Indemnification of the Issuers. Each Underwriter agrees, severally and not jointly, to indemnify and hold harmless each Issuer, the Company, Xxxxx, MPTGuarantor, each of their respective directors affiliates, officers, directors, employees, members, managers and officers who signed the Registration Statement agents, and each person, if any, who controls the Company, Xxxxx or MPT an Issuer within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities that arise out of, or are based upon, any untrue statement or omission or alleged untrue statement or omission made in reliance upon and in conformity with any information relating to such Underwriter furnished to the Company and Xxxxx Issuers in writing by such Underwriter through the Representatives Xxxxxxx, Xxxxx & Co. expressly for use in the Registration Statement, the Preliminary Prospectus, any of the other Time of Sale Information, any Issuer Free Writing Prospectus or the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus, any “issuer information” filed or required to be filed pursuant to Rule 433(d) under the Securities Act, any Road Show or any Pricing Disclosure Package (including any Pricing Disclosure Package that has been subsequently amended), it being understood and agreed upon that the only such information consists of the following: in the second Preliminary Prospectus and third the Prospectus the fourth sentence of the sixth second paragraph, the third second sentence of the eighth paragraph, fourth paragraph and the first sentence through fifth sentences of the eleventh paragraph, in each case sixth paragraph under the heading of “Underwriting.;”

Indemnification of the Issuers. Each Underwriter agrees, severally and not jointly, to indemnify and hold harmless the Company, Xxxxx, MPT, each of their respective directors and officers who signed the Registration Statement and each person, if any, who controls the Company, Xxxxx or MPT within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities that arise out of, or are based upon, any untrue statement or omission or alleged untrue statement or omission made in reliance upon and in conformity with any information relating to such Underwriter furnished to the Company and Xxxxx in writing by such Underwriter through the Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus, any “issuer information” filed or required to be filed pursuant to Rule 433(d) under the Securities Act, any Road Show or any Pricing Disclosure Package (including any Pricing Disclosure Package that has been subsequently amended), it being understood and agreed upon that the only such information consists of the following: the second and third sentence of the sixth fifth paragraph, the third sentence of the eighth seventh paragraph, and the first and second sentence of the eleventh tenth paragraph, in each case under the heading of “Underwriting.”

Indemnification of the Issuers. Each Underwriter agrees, severally and not jointly, to indemnify and hold harmless the CompanyIssuers, Xxxxx, MPTeach of the Guarantors, each of their respective directors and officers who signed the Registration Statement and each person, if any, who controls the Company, Xxxxx or MPT (within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act Act) the Issuers or any of the Guarantors to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities that arise out of, or are based upon, any untrue statement or omission or alleged untrue statement or omission made in reliance upon and in conformity with any information relating to such Underwriter furnished to the Company and Xxxxx Issuers in writing by such Underwriter through the Representatives Representative expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus, any “issuer information” filed or required to be filed pursuant to Rule 433(d) under the Securities Act, any Road Show Prospectus or any Pricing Disclosure Package (including any Pricing Disclosure Package that has been subsequently amended)Time of Sale Information, it being understood and agreed upon that the only such information consists of the following: the second and third sentence of the sixth paragraphparagraph and the first, the second and third sentence sentences of the eighth paragraph, and the first sentence of the eleventh paragraph, in each case tenth paragraph under the heading of caption “Underwriting” in the Prospectus Supplement.”

Indemnification of the Issuers. Each Underwriter agrees, severally and not jointly, to indemnify and hold harmless the Company, Xxxxx, MPT, each of their respective directors and officers who signed the Registration Statement and each person, if any, who controls the Company, Xxxxx or MPT within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities that arise out of, or are based upon, any untrue statement or omission or alleged untrue statement or omission made in reliance upon and in conformity with any information relating to such Underwriter furnished to the Company and Xxxxx in writing by such Underwriter through the Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus, any “issuer information” filed or required to be filed pursuant to Rule 433(d) under the Securities Act, any Road Show or any Pricing Disclosure Package (including any Pricing Disclosure Package that has been subsequently amended), it being understood and agreed upon that the only such information consists of the following: the second and third sentence of the sixth fifth paragraph, the third sentence of the eighth paragraph, and the first and second sentence of the eleventh paragraph, in each case under the heading of “Underwriting.”

Indemnification of the Issuers. Each Underwriter agrees, severally and not jointly, to indemnify and hold harmless the Company, Xxxxx, MPT, each of their respective directors and officers who signed the Registration Statement and each person, if any, who controls the Company, Xxxxx Xxxxx, or MPT within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the indemnity set forth in paragraph (a) above, but only with respect to any losses, claims, damages or liabilities that arise out of, or are based upon, any untrue statement or omission or alleged untrue statement or omission made in reliance upon and in conformity with any information relating to such Underwriter furnished to the Company and Xxxxx in writing by such Underwriter through the Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus, any “issuer information” filed or required to be filed pursuant to Rule 433(d) under the Securities Act, any Road Show or any Pricing Disclosure Package (including any Pricing Disclosure Package that has been subsequently amended), it being understood and agreed upon that the only such information consists of the following: the first and second and third sentence of the sixth fourth paragraph, the third first and second sentence of the eighth fifth paragraph, the fourth and fifth sentence of the seventh paragraph and the first and second sentence of the eleventh tenth paragraph, in each case under the heading of “Underwriting.”