Common use of PUBLIC OR PRIVATE OFFERINGS Clause in Contracts

PUBLIC OR PRIVATE OFFERINGS. In the event Franchisee shall attempt to raise or secure funds by the sale of securities (including, without limitation, common or preferred capital stock, bonds, debentures, limited liability company or partnership interests), Franchisee, recognizing that the literature used with respect thereto may reflect upon Company, agrees to submit all such sales literature or prospectuses to Company and to obtain the written approval of Company of the method of financing prior to any offering or sale of any securities. Each prospectus, circular, or other sales literature utilized in any securities offering shall, at Company's discretion, contain the following language in bold-face type on the first textual page thereof: "STERLING HOUSE CORPORATION and its affiliates have not passed upon the accuracy or adequacy of the statements made herein nor are they nor will they be responsible for the inaccuracy or inadequacy of the same. Neither STERLING HOUSE CORPORATION nor its affiliates will share in any of the proceeds of this offering and make no recommendation respecting the advisability of purchasing the investment contemplated by this offering." Franchisee agrees to indemnify and hold Company, its affiliates, and their officers, directors, employees and agents harmless from any and all claims, demands or liabilities arising from the offer or sale of any securities, whether asserted by a purchaser of any of the securities or by a governmental agency. Company shall have the right to defend all claims asserted against it or the persons delineated herein.

Appears in 3 contracts

Samples: Franchise Agreement (Sterling House Corp), Franchise Agreement (Sterling House Corp), Sterling House Corp

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PUBLIC OR PRIVATE OFFERINGS. In the event Franchisee shall attempt to raise or secure funds by the sale of securities (including, without limitation, common or preferred capital stock, bonds, debentures, limited liability company or partnership interests), Franchisee, recognizing that the literature used with respect thereto may reflect upon CompanyFranchisor, agrees to submit all such sales literature or prospectuses to Company Franchisor and to obtain the written approval of Company Franchisor of the method of financing prior to any offering or sale of any said securities. Each prospectus, circular, or other sales literature utilized in any securities such offering shall, at CompanyFranchisor's discretion, contain the following language in bold-face type on the first textual page thereofpage: "STERLING HOUSE CORPORATION and its affiliates have Stockade Franchising, LP has not passed upon the accuracy or adequacy of the statements made herein nor are they is it nor will they it be responsible for the inaccuracy or inadequacy of the samesuch statements. Neither STERLING HOUSE CORPORATION nor its affiliates Stockade Franchising, LP will not share in any of the proceeds of this offering and make makes no recommendation respecting the advisability of purchasing the investment contemplated by this offering." Franchisee agrees to indemnify and hold CompanyFranchisor, its affiliates, and their officers, directors, employees and agents harmless from any and all claims, demands or liabilities arising from the offer or sale of any such securities, whether asserted by a purchaser of any of the such securities or by a governmental agency. Company Franchisor shall have the right to defend all claims asserted against it or the persons delineated hereinany such claims.

Appears in 1 contract

Samples: Franchise Agreement (Itec Attractions Inc)

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