Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 32 contracts
Samples: Underwriting Agreement (Lonestar Resources US Inc.), Underwriting Agreement (Kohlberg Capital, LLC), Underwriting Agreement (Kohlberg Capital CORP)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1513, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 27 contracts
Samples: Underwriting Agreement (Sugen Inc), Underwriting Agreement (Williams Communications Group Inc), Underwriting Agreement (Integrated Telecom Express Inc/ Ca)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, Company and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 25 contracts
Samples: Underwriting Agreement (Twin Ridge Capital Acquisition Corp.), Underwriting Agreement (Motion Acquisition Corp.), Underwriting Agreement (Pegasus Digital Mobility Acquisition Corp.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 20 contracts
Samples: Underwriting Agreement (Trevena Inc), Underwriting Agreement (Kornit Digital Ltd.), Underwriting Agreement (Tetraphase Pharmaceuticals Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, Company and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 17 contracts
Samples: Underwriting Agreement (BioSig Technologies, Inc.), Underwriting Agreement (ShoreTel Inc), Underwriting Agreement (BioSig Technologies, Inc.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Selling Stockholders and their respective personal representatives and successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Selling Stockholders contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 11 contracts
Samples: Underwriting Agreement (International Telecommunication Data Systems Inc), Underwriting Agreement (Staff Leasing Inc), Underwriting Agreement (Cotelligent Group Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Investment Adviser, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Investment Adviser contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter the Underwriters within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b9(b) of this Agreement shall be deemed to be for the benefit of the directors Board of Directors of the Company, the officers and employees of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1513, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 10 contracts
Samples: Underwriting Agreement (Tortoise North American Energy Corp), Underwriting Agreement (Tortoise Energy Infrastructure Corp), Auction Agency Agreement (Tortoise Energy Infrastructure Corp)
Persons Entitled to Benefit of Agreement. This The Terms Agreement (including the provisions of this Agreement) shall inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, Company and their respective successors. This The Terms Agreement and (including the terms and provisions hereof of this Agreement) are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement also shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b7(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1512, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained hereinin this Agreement. No purchaser of Securities from any Underwriter shall be deemed to be a successor solely by reason of such purchase.
Appears in 8 contracts
Samples: Terms Agreement (First Data Corp), First Data Corp, Terms Agreement (First Data Corp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the affiliates, directors, officers officers, members and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement hereof shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 6 contracts
Samples: Underwriting Agreement (Southwest Gas Corp), Underwriting Agreement (Southwest Gas Corp), Underwriting Agreement (Southwest Gas Corp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersInitial Purchasers, the Company, Company and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of each Initial Purchaser and the Underwriters and each person or persons, if any, who control any Underwriter each Initial Purchaser within the meaning of Section 15 of the Securities Act and (B) the any indemnity agreement of the Underwriters Initial Purchasers contained in Section 8(b7(b) of this Agreement shall be deemed to be for the benefit of the directors directors, officers and employees of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing contained in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1512, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 6 contracts
Samples: Rights Agreement, Purchase Agreement (Nektar Therapeutics), Nektar Therapeutics (Nektar Therapeutics)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of any Underwriter and the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b9(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 6 contracts
Samples: Underwriting Agreement (Xto Energy Inc), Underwriting Agreement (Xto Energy Inc), Underwriting Agreement (Xto Energy Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b7(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 6 contracts
Samples: Underwriting Agreement (Veeco Instruments Inc), Underwriting Agreement (Platform Specialty Products Corp), Underwriting Agreement (Platform Specialty Products Corp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, Transaction Entities and their respective personal representatives and successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company Transaction Entities contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b10(b) of this Agreement shall be deemed to be for the benefit of the directors trustees of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company Transaction Entities within the meaning of Section section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 6 contracts
Samples: Underwriting Agreement (Liberty Property Limited Partnership), Underwriting Agreement (Liberty Property Limited Partnership), Liberty Property Limited Partnership
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 6 contracts
Samples: Underwriting Agreement (Stone Energy Corp), Underwriting Agreement (Stone Energy Corp), Underwriting Agreement (Stone Energy Corp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Operating Partnership, and their respective personal representatives and successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company and the Operating Partnership contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b10(b) of this Agreement shall be deemed to be for the benefit of the directors or trustees of the Company, the Operating Partnership, officers of the Company who have signed the Registration Statement and any person controlling the Company and the Operating Partnership within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1517, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 6 contracts
Samples: Underwriting Agreement (Kite Realty Group Trust), Underwriting Agreement (Kite Realty Group Trust), Underwriting Agreement (Kite Realty Group Trust)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, and the controlling Persons, directors, officers, employees and agents referred to herein, and their respective successorssuccessors and assigns, and no other Person shall have or be construed to have any legal or equitable right, remedy or claim under or in respect of or by virtue of this Agreement or any provision herein contained. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 12 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b9(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 12 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1516, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 6 contracts
Samples: Underwriting Agreement (The9 LTD), Underwriting Agreement (Global Mofy Metaverse LTD), Underwriting Agreement (Global Mofy Metaverse LTD)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, Transaction Entities and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors of the CompanyTransaction Entities, the officers of the Company who have signed the Registration Statement and any person controlling the Company or the Manager within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1517, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 6 contracts
Samples: Underwriting Agreement (Five Oaks Investment Corp.), Underwriting Agreement (Five Oaks Investment Corp.), Underwriting Agreement (Five Oaks Investment Corp.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, Partnership Parties and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company Partnership Parties contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the CompanyGeneral Partner, the officers of the Company General Partner who have signed the Registration Statement and any person controlling the Company Partnership within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 6 contracts
Samples: Underwriting Agreement (SunCoke Energy Partners, L.P.), Underwriting Agreement (Viper Energy Partners LP), Limited Liability Company Agreement (Tallgrass Energy Partners, LP)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15Section, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 6 contracts
Samples: Underwriting Agreement (Humana Inc), Underwriting Agreement (Humana Inc), Underwriting Agreement (Humana Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersAgent, the Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters Agent and each person or persons, if any, who control any Underwriter Agent within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters Agent contained in Section 8(b6(b) of this Agreement shall be deemed to be for the benefit of the directors trustees of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1511, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 5 contracts
Samples: Registration Rights Agreement (Corporate Office Properties, L.P.), Registration Rights Agreement (Corporate Office Properties Trust), Registration Rights Agreement (Corporate Office Properties Trust)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to has been and is made for the benefit of and be binding upon the Underwriters, the Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b) 5 of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act, but only to the extent specifically described herein. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 159, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 5 contracts
Samples: Underwriting Agreement (MeaTech 3D Ltd.), Underwriting Agreement (Anchiano Therapeutics Ltd.), Underwriting Agreement (Anchiano Therapeutics Ltd.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Selling Stockholders and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Selling Stockholders contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 5 contracts
Samples: Underwriting Agreement (Rackable Systems, Inc.), Underwriting Agreement (Rackable Systems, Inc.), Underwriting Agreement (Rackable Systems, Inc.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, Company and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 13 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 13 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 5 contracts
Samples: Underwriting Agreement (Pacira Pharmaceuticals, Inc.), Underwriting Agreement (Pacira Pharmaceuticals, Inc.), Underwriting Agreement (Pacira Pharmaceuticals, Inc.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers officers, members and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 5 contracts
Samples: Underwriting Agreement (Alleghany Corp /De), Underwriting Agreement (Alleghany Corp /De), Underwriting Agreement (Alleghany Corp /De)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersRemarketing Agent, the Company, Company and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Ax) the representations, warranties, indemnities indemnity and contribution agreements and other agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters Remarketing Agent and each the person or persons, if any, who control any Underwriter the Remarketing Agent within the meaning of Section 15 of the Securities Act and (By) the indemnity agreement and contribution agreements of the Underwriters Remarketing Agent contained in Section Sections 8(b) and 9 of this Agreement shall be deemed to be for the benefit of the directors of the Companydirectors, the officers and employees of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing contained in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15herein, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 5 contracts
Samples: Remarketing Agreement (Dominion Resources Inc /Va/), Remarketing Agreement (Dominion Resources Capital Trust Iv), Remarketing Agreement (Dominion Resources Inc /Va/)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Company, Company and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters Underwriter and each person or persons, if any, who control any the Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters Underwriter contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 4 contracts
Samples: Underwriting Agreement (Acacia Research Corp), Underwriting Agreement (Jazz Pharmaceuticals Inc), Underwriting Agreement (Fulton Financial Corp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Selling Stockholders, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the its officers of the Company who have signed the Registration Statement and employees and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 4 contracts
Samples: Underwriting Agreement (Peabody Energy Corp), Underwriting Agreement (Peabody Energy Corp), Peabody Energy Corp
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers officers, members and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement hereof shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 4 contracts
Samples: Underwriting Agreement (Southwest Gas Corp), Underwriting Agreement (Southwest Gas Corp), Underwriting Agreement (Southwest Gas Corp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersRemarketing Agent, the Company, the Trust and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company Issuers contained in this Agreement shall also be deemed to be for the benefit of the directorsofficers, officers directors and employees of the Underwriters Remarketing Agent and each the person or persons, if any, who control any Underwriter the Remarketing Agent within the meaning of Section 15 of the Securities Act Act; and (B) the any indemnity agreement of the Underwriters Remarketing Agent contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors directors, trustees, officers and employees of the Company, and the officers of the Company who have signed the Registration Statement Trust, and any person controlling the Company or the Trust within the meaning of Section 15 of the Securities Act. Nothing contained in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1513, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 3 contracts
Samples: Underwriting Agreement (Reinsurance Group of America Inc), Underwriting Agreement (Reinsurance Group of America Inc), Underwriting Agreement (Reinsurance Group of America Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, Company and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each the person or persons, if any, who control any Underwriter the Underwriters within the meaning of Section 15 of the Securities Act and (B) the representations and warranties of the Underwriters in this Agreement and the indemnity agreement of the Underwriters contained in Section 8(b6(b) of this Agreement shall be deemed to be for the benefit of the directors directors, officers and employees of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing contained in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1511, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 3 contracts
Samples: Underwriting Agreement (Pmi Group Inc), Underwriting Agreement (Albertsons Inc /De/), Underwriting Agreement (Albertsons Inc /De/)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, Company and their respective successors. This Agreement and the terms and provisions hereof this Agreement are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each any person or persons, if any, who control any Underwriter controls the Underwriters within the meaning of Section 15 of the Securities Act and (Bb) the representations and warranties of the Underwriters in this Agreement and the indemnity agreement of the Underwriters contained in Section 8(b7(b) of this Agreement shall be deemed to be for the benefit of the directors of the Companydirectors, the officers and employees of the Company who have signed the Registration Statement and any person controlling who controls the Company within the meaning of Section 15 of the Securities Act. Nothing contained in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 3 contracts
Samples: Underwriting Agreement (Kodiak Oil & Gas Corp), Letter Agreement (Kodiak Oil & Gas Corp), Underwriting Agreement (Kodiak Oil & Gas Corp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, Company and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Companyrespective directors, the officers and employees of the Company and each person, if any, who have signed the Registration Statement and any person controlling controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Shares shall be deemed to be a successor solely by reason of such purchase.
Appears in 3 contracts
Samples: Underwriting Agreement (Macquarie Infrastructure Co LLC), Underwriting Agreement (Macquarie Infrastructure Co LLC), Underwriting Agreement (Macquarie Infrastructure Co LLC)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersUnderwriter, the CompanyFund, the Advisers, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company Fund and the Advisers contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any the Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters Underwriter contained in Section 8(b9(b) of this Agreement shall be deemed to be for the benefit of the directors trustees of the CompanyFund, the officers of the Company Fund who have signed the Registration Statement and any person controlling the Company Fund within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1513, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 3 contracts
Samples: Underwriting Agreement (First Trust/Four Corners Senior Floating Rate Income Fund), Servicing Agreement (Lehman Brothers First Trust Income Opportunity Fund), Energy Income & Growth Fund
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the affiliates, directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b8(c) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 3 contracts
Samples: Underwriting Agreement (Jarden Corp), Underwriting Agreement (Jarden Corp), Underwriting Agreement (Jarden Corp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Selling Shareholders and their respective personal representatives and successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Selling Shareholders contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 3 contracts
Samples: Underwriting Agreement (Pemstar Inc), Underwriting Agreement (JPM Co), Underwriting Agreement (Pemstar Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, Company and the Selling Stockholders and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Selling Stockholders contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the CompanyCompany and the Selling Stockholders, the and their respective officers of the Company who have signed the Registration Statement and any person controlling the Company such entities within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1513, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 3 contracts
Samples: Underwriting Agreement (Eagle Test Systems, Inc.), Underwriting Agreement (Eagle Test Systems, Inc.), Underwriting Agreement (Eagle Test Systems, Inc.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, Company and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each the person or persons, if any, who control any Underwriter the Underwriters within the meaning of Section 15 of the Securities Act and (Bb) the representations and warranties of the Underwriters in this Agreement and the indemnity agreement of the Underwriters contained in Section 8(b6(b) of this Agreement shall be deemed to be for the benefit of the directors directors, officers and employees of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing contained in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 3 contracts
Samples: Underwriting Agreement (Rex Energy Corp), Underwriting Agreement (Rex Energy Corp), Underwriting Agreement (Rex Energy Corp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Company, Transaction Entities and their respective personal representatives and successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company Transaction Entities contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any the Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters Underwriter contained in Section 8(b10(b) of this Agreement shall be deemed to be for the benefit of the directors and trustees of the CompanyTransaction Entities, the officers of the Company who have signed the Registration Statement and any person controlling the Company Transaction Entities within the meaning of Section section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 3 contracts
Samples: Underwriting Agreement (Prentiss Properties Trust/Md), Underwriting Agreement (Prentiss Properties Trust/Md), Underwriting Agreement (Prentiss Properties Trust/Md)
Persons Entitled to Benefit of Agreement. This Agreement shall inure ---------------------------------------- to the benefit of and be binding upon the Underwriters, the Company, Company and Thermo Electron and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and Thermo Electron contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the CompanyCompany and Thermo Electron, the officers of the Company who have signed the Registration Statement and Thermo Electron and any person controlling the Company or Thermo Electron within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1513, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 3 contracts
Samples: Underwriting Agreement (Thermotrex Corp), Underwriting Agreement (Thermo Electron Corp), Underwriting Agreement (Thermo Instrument Systems Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, Company and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act Act, and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 3 contracts
Samples: Underwriting Agreement (ITC Holdings Corp.), Underwriting Agreement (ITC Holdings Corp.), Underwriting Agreement (ITC Holdings Corp.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 3 contracts
Samples: Underwriting Agreement (Linn Energy, LLC), Underwriting Agreement (Linn Energy, LLC), Underwriting Agreement (Linn Energy, LLC)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 3 contracts
Samples: Underwriting Agreement (Pinnacle Entertainment Inc), Underwriting Agreement (Delphi Financial Group Inc/De), Underwriting Agreement (CCS Medical Holdings, Inc.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, Company and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b12(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1519, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 3 contracts
Samples: Underwriting Agreement (Modern Media Acquisition Corp.), Underwriting Agreement (Modern Media Acquisition Corp.), Underwriting Agreement (Modern Media Acquisition Corp.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the CompanyTransaction Entities, and their respective personal representatives and successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company Transaction Entities contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (Bb) the indemnity agreement of the Underwriters each Underwriter contained in Section 8(b9(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the and officers of the Company who have signed the Registration Statement and any person controlling the Company Transaction Entities within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 3 contracts
Samples: Underwriting Agreement (Sl Green Realty Corp), Sl Green Realty Corp, Sl Green Realty Corp
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers officers, employees and employees affiliates of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Mohawk Industries Inc), Underwriting Agreement (Mohawk Industries Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, Underwriter and the Company, Company and their respective personal representatives and successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters Underwriter and each person or persons, if any, who control any the Underwriter within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters Underwriter contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors directors, officers and employees of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (RSP Permian, Inc.), Underwriting Agreement (RSP Permian, Inc.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b8(d) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (InMode Ltd.), Underwriting Agreement (InMode Ltd.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, Transaction Entities and their respective personal representatives and successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company Transaction Entities contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b10(b) of this Agreement shall be deemed to be for the benefit of the directors of the CompanyTransaction Entities, the officers of the Company who have signed the Registration Statement and any person controlling the Company Transaction Entities within the meaning of Section section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Prentiss Properties Trust/Md), Great Lakes Reit Inc
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, Company and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Ai) the representations, warranties, indemnities and agreements in Section 9 hereof of the Company contained in this Agreement shall also be deemed to be for the benefit of the directorsofficers, officers directors and employees of the Underwriters and each the person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (Bii) the indemnity agreement indemnities and agreements in Section 9 hereof of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Companydirectors, the trustees, officers and employees of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing contained in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Omnicare Inc), Underwriting Agreement (Omnicare Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Selling Stockholder and their respective personal representatives and successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Selling Stockholder contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Hayes Lemmerz International Inc), Faxsav Inc
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, Company and their respective successors. This Agreement (including the Underwriting Agreement General Terms and Provisions) and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b7(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1512, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Marriott International Inc /Md/), Underwriting Agreement (Marriott International Inc /Md/)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers officers, employees and employees agents of the Underwriters Underwriter and each person or persons, if any, who control any the Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters Underwriter contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Halozyme Therapeutics Inc), Underwriting Agreement (Halozyme Therapeutics Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersInitial Purchasers, the Company, Issuers and their respective personal representatives and successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company Issuers contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and officers, employees of the Underwriters Initial Purchasers and each person or persons, if any, who control any Underwriter Initial Purchasers within the meaning of Section 15 of the Securities Act and (Bb) the indemnity agreement of the Underwriters Initial Purchasers contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Companydirectors, the officers of the Company who have signed the Registration Statement officers, employees and any person controlling the Company Issuers within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1513, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Purchase Agreement (CBD Holdings Finance Inc.), Purchase Agreement (CBD Media LLC)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, Company and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b9(b) of this Agreement shall be deemed to be for the benefit of the directors of the Companydirectors, the officers and employees of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Letter Agreement (ReWalk Robotics Ltd.), Underwriting Agreement (Microbot Medical Inc.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersInitial Purchasers, the Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Ax) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees directors of the Underwriters Initial Purchasers and each the person or persons, if any, who control any Underwriter the Initial Purchasers within the meaning of Section 15 of the Securities Act and (By) the indemnity agreement representations, warranties, indemnities and agreements of the Underwriters Initial Purchasers contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the and officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Facilicom International Inc, Primus Telecommunications Group Inc
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Company, Company and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters Underwriter and each person or persons, if any, who control any the Underwriter within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters Underwriter contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Parker Drilling Co /De/), Underwriting Agreement (Parker Drilling Co /De/)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Guarantors and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Ax) the representations, warranties, indemnities and agreements of the Company and the Guarantors contained in this Agreement shall also be deemed to be for the benefit of the directors, directors and officers and employees of the Underwriters and each the person or persons, if any, who control any Underwriter the Underwriters within the meaning of Section 15 of the Securities Act and (By) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the Company and officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1513, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Tesoro Corp /New/), Underwriting Agreement (Tesoro Corp /New/)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directorsofficers, officers directors and employees of the Underwriters and each the person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the any indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors directors, officers and employees of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing contained in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1513, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Reinsurance Group of America Inc, Commerce Group Inc /Ma
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the CompanyTransaction Entities, and their respective personal representatives and successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company Transaction Entities contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b11(c) of this Agreement shall be deemed to be for the benefit of the directors of the CompanyTransaction Entities, the officers of the Company who have signed the Registration Statement and any person controlling the Company Transaction Entities within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Sl Green Realty Corp), Sl Green Realty Corp
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersRemarketing Agent, the Company, Capital Markets, the Trust and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Ax) the representations, warranties, indemnities and agreements of the Company Issuers contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters Remarketing Agent and each the person or persons, if any, who control any Underwriter the Remarketing Agent within the meaning of Section 15 of the Securities Act and (By) the indemnity agreement of the Underwriters Remarketing Agent contained in Section 8(b7(b) of this Agreement shall be deemed to be for the benefit of the directors directors, officers and employees of the Company, the officers of the Company who have signed the Registration Statement Issuers and any person controlling the Company Issuers within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15herein, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Remarketing Agreement (Nipsco Industries Inc), Remarketing Agreement (Nisource Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the affiliates, directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Petrohawk Energy Corp), Underwriting Agreement (Petrohawk Energy Corp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, Company and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers officers, employees and employees affiliates of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1517, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Mohawk Industries Inc), Underwriting Agreement (Mohawk Industries Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Company, Lehman Finance and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters Underwriter and each person or persons, if any, who control any the Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters Underwriter contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1511, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Safeco Corp), Underwriting Agreement (Safeco Corp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers and employees of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Covanta Holding Corp), Underwriting Agreement (Covanta Holding Corp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, Company and their respective successors. This Agreement and the terms and provisions hereof this Agreement are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each any person or persons, if any, who control any Underwriter controls the Underwriters within the meaning of Section 15 of the Securities Act and (Bb) the representations and warranties of the Underwriters in this Agreement and the indemnity agreement of the Underwriters contained in Section 8(b7(b) of this Agreement shall be deemed to be for the benefit of the directors of the Companydirectors, the officers and employees of the Company who have signed the Registration Statement and any person controlling who controls the Company within the meaning of Section 15 of the Securities Act. Nothing contained in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1513, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Kodiak Oil & Gas Corp), Underwriting Agreement (Kodiak Oil & Gas Corp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those personsPersons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person Person or personsPersons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person Person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any personPerson, other than the persons Persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Lightpath Technologies Inc), Underwriting Agreement (Lightpath Technologies Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Guarantor and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Guarantor contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of each Underwriter and the Underwriters and each person or persons, if any, who control any each Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Companydirectors, the officers and employees of the Company who have signed and the Registration Statement Guarantor and any person controlling the Company or the Guarantor within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1513, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Hanson PLC), Underwriting Agreement (Hanson PLC)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, Company and their respective personal representatives successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the and officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Foamix Pharmaceuticals Ltd.), Underwriting Agreement (Menlo Therapeutics Inc.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersRemarketing Agent, the Company, Company and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Ax) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters Remarketing Agent and each the person or persons, if any, who control any Underwriter the Remarketing Agent within the meaning of Section 15 of the Securities Act and (By) the indemnity agreement representations, warranties, indemnities and agreements of the Underwriters Remarketing Agent contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Companydirectors, the officers and employees of the Company who have signed the Registration Statement and any person controlling the Company or the Operating Partnership within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1512, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: First Industrial Realty Trust Inc, First Industrial Realty Trust Inc
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Company, Company and their respective successorsthe Operating Partnership. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Operating Partnership contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any the Underwriter or the Independent Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters Underwriter contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the officers, employees and directors of the CompanyCompany and the Operating Partnership, the officers of the Company who have signed (including persons named in the Registration Statement with their consent as about to become a director of the Company) and any person controlling the Company within the meaning of Section 15 13 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1512, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: 1 (Arden Realty Inc), Arden Realty Inc
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the CompanyGlobal Parties, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company Global Parties contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors and managers of the CompanyGlobal Parties, the officers of the Company Global Parties who have signed the Registration Statement and any person controlling the Company Global Parties within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Letter Agreement (Global Partners LP), Global Partners LP
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the CompanyOperating Partnership, and their respective personal representatives and successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company Operating Partnership contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b10(b) of this Agreement shall be deemed to be for the benefit of the directors or trustees of the CompanyOperating Partnership, the officers of the Company who have signed the Registration Statement Operating Partnership and any person controlling the Company Operating Partnership within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1516, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Kite Realty Group Trust), Underwriting Agreement (Kite Realty Group Trust)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, Company and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each the person or persons, if any, who control any Underwriter the Underwriters within the meaning of Section 15 of the Securities Act and (Bb) the representations and warranties of the Underwriters in this Agreement and the indemnity agreement of the Underwriters contained in Section 8(b7(b) of this Agreement hereof shall be deemed to be for the benefit of the directors directors, officers and employees of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing contained in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1512, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Hill International, Inc.), Underwriting Agreement (Nn Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersUnderwriter, the CompanyTransaction Entities, and their respective personal representatives and successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company Transaction Entities contained in this Agreement shall also be deemed to be for the benefit of the directors, directors and officers and employees of the Underwriters Underwriter and each any person or persons, if any, who control any the Underwriter within the meaning of Section 15 of the Securities Act and (Bb) the indemnity agreement of the Underwriters Underwriter contained in Section 8(b10(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the and officers of the Company who have signed the Registration Statement and any person controlling the Company Transaction Entities within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1516, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Sl Green Realty Corp), Underwriting Agreement (Sl Green Realty Corp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersInitial Purchasers, the Company, the Guarantors and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Ax) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters Initial Purchasers and each the person or persons, if any, who control any Underwriter the Initial Purchasers within the meaning of Section 15 of the Securities Act and (By) the indemnity agreement of the Underwriters Initial Purchasers contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Companydirectors, the officers and employees of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1513, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Purchase Agreement (Tesoro Alaska Co), Victory Finance Inc
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, Company and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of each Underwriter and the Underwriters and each person or persons, if any, who control any each Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Companydirectors, the officers and employees of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Talarian Corp), Clickservice Software LTD
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the affiliates, directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Petrohawk Energy Corp), Underwriting Agreement (Petrohawk Energy Corp)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Selling Stockholders and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Selling Stockholders contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Healthextras Inc), Underwriting Agreement (Greenfield Online Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of any Underwriter and the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Xto Energy Inc), Underwriting Agreement (Xto Energy Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the CompanyDCP Parties, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company DCP Parties contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act Act, and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors and managers of the CompanyDCP Parties, the officers of the Company DCP Parties who have signed the Registration Statement and any person controlling the Company DCP Parties within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (DCP Midstream Partners, LP), Underwriting Agreement (DCP Midstream Partners, LP)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, Company and their respective personal representatives (if applicable) and successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of each Underwriter and the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Sierra Wireless Inc), Underwriting Agreement (Sierra Wireless Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, Company and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees directors of the Underwriters and each the person or persons, if any, who control any Underwriter the Underwriters within the meaning of Section 15 of the Securities Act and (Bb) the representations and warranties of the Underwriters in this Agreement and the indemnity agreement of the Underwriters contained in Section 8(b6(b) of this Agreement shall be deemed to be for the benefit of the directors and officers of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing contained in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1511, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Warren Resources (Warren Resources Inc), Warren Resources (Warren Resources Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersRemarketing Agent, the Company, [Capital Funding] [the Trust] and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Ax) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers Remarketing Agent and employees of the Underwriters and each person or persons, if any, who control any Underwriter the Remarketing Agent within the meaning of Section 15 of the Securities Act and (By) the indemnity agreement of the Underwriters Remarketing Agent contained in Section 8(b7(b) of this Agreement shall be deemed to be for the benefit of the Company's directors of the Company, the and officers of the Company who have signed sign the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing contained in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15herein, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Pp&l Capital Funding Trust I, Pp&l Capital Funding Inc
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersRemarketing Agent, the Company, Company and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Ax) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter the Remarketing Agent within the meaning of Section 15 of the Securities Act and (By) the representations, warranties, indemnity and agreement of the Underwriters Remarketing Agent contained in Section 8(b6(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement as defined in Section 2(b)(II)(A) of this Agreement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1512, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Scottish Re Group LTD, Principal Financial Group Inc
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Company, the Selling Stockholders and their respective personal representatives and successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any the Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters Underwriter contained in Section 8(b10(c) of this Agreement hereof shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement Statement, the Selling Stockholders and any person controlling the Company or any Selling Stockholder within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Common Stock (Autozone Inc), Esl Partners Lp
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the CompanyGuarantor, the Trust and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Ax) the representations, warranties, indemnities and agreements of the Company Guarantor and the Trust contained in this Agreement shall also be deemed to be for before the benefit of the directorsofficers, officers employees and employees directors of the Underwriters and each the person or persons, if any, who control any Underwriter the Underwriters within the meaning of Section 15 of the Securities Act and (By) the indemnity agreement of the Underwriters contained in Section 8(b7(b) of this Agreement shall be deemed to be for the benefit of the officers, employees and directors of the Company, the officers of the Company who have signed the Registration Statement Guarantor and any person controlling the Company Guarantor within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1511, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Southern States Capital Trust I), Southern States Capital Trust Ii
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, Company and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Companyrespective directors, the officers and employees of the Company and each person, if any, who have signed the Registration Statement and any person controlling controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein. No purchaser of Notes shall be deemed to be a successor solely by reason of such purchase.
Appears in 2 contracts
Samples: Underwriting Agreement (Macquarie Infrastructure Corp), Underwriting Agreement (Macquarie Infrastructure Co LLC)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters Underwriter and each person or persons, if any, who control any the Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters Underwriter contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Sovereign Bancorp Inc), Letter Agreement (Ziopharm Oncology Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the CompanyCompany and the Selling Shareholders, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Selling Shareholders contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b10(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Kendle International Inc), Kendle International Inc
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, Company and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Ai) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each the person or persons, if any, who control any Underwriter the Underwriters within the meaning of Section 15 of the Securities Act and (Bii) the representations and warranties of the Underwriters in this Agreement and the indemnity agreement of the Underwriters contained in Section 8(b6(b) of this Agreement shall be deemed to be for the benefit of the directors directors, officers and employees of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing contained in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1510, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Transatlantic Holdings Inc), Underwriting Agreement (Transatlantic Holdings Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1517, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Crimson Exploration Inc.), Underwriting Agreement (Crimson Exploration Inc.)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters Underwriter and each person or persons, if any, who control any the Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters Underwriter contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Webster Financial Corp), Underwriting Agreement (Fx Energy Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the U.S. Underwriters, the Company, the Parent and their respective representatives and successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company and the Parent contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any U.S. Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the U.S. Underwriters contained in Section 8(b9(b) of this Agreement shall be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1513, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (Axiom Inc), Securicor Telesciences Inc
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Company, Corsair and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company and Corsair contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters Underwriter and each person or persons, if any, who control any the Underwriter within the meaning of Section 15 of the Securities 1933 Act and (Bb) the indemnity agreement of the Underwriters Underwriter contained in Section 8(b10(c) of this Agreement shall be deemed to be for the benefit of the directors of the Companydirectors, the officers and employees of the Company who have signed the Registration Statement and Corsair and any person controlling the Company or Corsair within the meaning of Section 15 of the Securities 1933 Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1516, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 2 contracts
Samples: Underwriting Agreement (United Community Banks Inc), Underwriting Agreement (United Community Banks Inc)
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersRemarketing Agent, the Company, [Capital Funding] [the Trust] and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Ax) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers Remarketing Agent and employees of the Underwriters and each person or persons, if any, who control any Underwriter the Remarketing Agent within the meaning of Section 15 of the Securities Act and (By) the indemnity agreement of the Underwriters Remarketing Agent contained in Section 8(b7(b) of this Agreement shall be deemed to be for the benefit of the Company’s directors of the Company, the and officers of the Company who have signed sign the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing contained in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15herein, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the UnderwritersInitial Purchasers, the Company, Issuer and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company Issuer contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of each Initial Purchaser and the Underwriters and each person or persons, if any, who control any Underwriter each Initial Purchaser within the meaning of Section 15 of the Securities Act and (B) the any indemnity agreement of the Underwriters Initial Purchasers contained in Section 8(b7(b) of this Agreement shall be deemed to be for the benefit of the directors directors, officers and employees of the CompanyIssuer, the officers of the Company who have signed the Registration Statement and any person controlling the Company Issuer within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1512, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Samples: Globix Corp
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, Company and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors of the Companydirectors, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Samples: Underwriting Agreement (SMART Global Holdings, Inc.)
Persons Entitled to Benefit of Agreement. This Agreement shall will inure to the benefit of and be binding upon the UnderwritersUnderwriter, the Company, and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (A) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall will also be deemed to be for the benefit of the directors, officers and employees of the Underwriters Underwriter and each person or persons, if any, who control any the Underwriter within the meaning of Section 15 of the Securities Act and (B) the indemnity agreement of the Underwriters Underwriter contained in Section 8(b7(b) of this Agreement shall will be deemed to be for the benefit of the directors of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall will be construed to give any person, other than the persons referred to in this Section 1513, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, Underwriters and the Company, Company and their respective personal representatives and successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b) of this Agreement shall be deemed to be for the benefit of the directors directors, officers and employees of the Company, the officers of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 1514, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Persons Entitled to Benefit of Agreement. This Agreement shall inure to the benefit of and be binding upon the Underwriters, the Company, the Operating Partnership and their respective successors. This Agreement and the terms and provisions hereof are for the sole benefit of only those persons, except that (Aa) the representations, warranties, indemnities and agreements of the Company and the Operating Partnership contained in this Agreement shall also be deemed to be for the benefit of the directors, officers and employees of the Underwriters and each person or persons, if any, who control any Underwriter within the meaning of Section 15 of the Securities Act Act, and (Bb) the indemnity agreement of the Underwriters contained in Section 8(b8(c) of this Agreement shall be deemed to be for the benefit of the directors of the Companydirectors, the officers and employees of the Company who have signed the Registration Statement and any person controlling the Company within the meaning of Section 15 of the Securities Act. Nothing in this Agreement is intended or shall be construed to give any person, other than the persons referred to in this Section 15, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
Appears in 1 contract
Samples: Underwriting Agreement (International Market Centers, Inc.)
