Common use of Settlements Clause in Contracts

Settlements. The Company shall not be liable under this Section 8 for any settlement of any proceeding effected without its written consent, which consent shall not be unreasonably conditioned, withheld or delayed, but if settled with such consent or if there be a final judgment for the plaintiff, the Company agrees to indemnify the applicable Placement Agent Indemnified Party or Placement Agent Indemnified Parties against any claim, action, cause of action, suit, proceeding, investigation, damage, loss, liability or expense by reason of such settlement or judgment. The Company shall not, without the prior written consent of the Placement Agent Indemnified Party, effect any settlement, compromise or consent to the entry of judgment in any pending or threatened action, suit or proceeding in respect of which any Placement Agent Indemnified Party is or could have been a party and indemnity was or could have been sought hereunder by such Placement Agent Indemnified Party, unless such settlement, compromise or consent includes: (i) an unconditional release of such Placement Agent Indemnified Party from all liability on claims that are the subject matter of such action, suit or proceeding; and (ii) does not include a statement as to or an admission of fault, culpability or a failure to act by or on behalf of any Placement Agent Indemnified Party.

Settlements. The Company shall not be liable under this Section 8 5 for any settlement of any proceeding effected without its written consent, which consent shall not be unreasonably conditioned, withheld or delayed, but if settled with such consent or if there be a final judgment for the plaintiff, the Company agrees to indemnify the applicable Placement Agent Indemnified Party or Placement Agent Indemnified Parties against any claim, action, cause of action, suit, proceeding, investigation, damage, loss, liability or expense by reason of such settlement or judgment. The Company shall not, without the prior written consent of the Placement Agent Indemnified Party, effect any settlement, compromise or consent to the entry of judgment in any pending or threatened action, suit or proceeding in respect of which any Placement Agent Indemnified Party is or could have been a party and indemnity was or could have been sought hereunder by such Placement Agent Indemnified Party, unless such settlement, compromise or consent includes: (i) an unconditional release of such Placement Agent Indemnified Party from all liability on claims that are the subject matter of such action, suit or proceeding; and (ii) does not include a statement as to or an admission of fault, culpability or a failure to act by or on behalf of any Placement Agent Indemnified Party.

Settlements. The Company indemnifying party under this Section 8 shall not be liable under this Section 8 for any settlement of any proceeding effected without its written consent, which consent shall will not be unreasonably conditioned, withheld or delayedwithheld, but if settled with such consent or if there be a final judgment for the plaintiff, the Company indemnifying party agrees to indemnify the applicable Placement Agent Indemnified Party or Placement Agent Indemnified Parties indemnified party against any loss, claim, action, cause of action, suit, proceeding, investigation, damage, loss, liability or expense by reason of such settlement or judgment. The Company shall notNo indemnifying party shall, without the prior written consent of the Placement Agent Indemnified Partyindemnified party, effect any settlement, compromise or consent to the entry of judgment in any pending or threatened action, suit or proceeding in respect of which any Placement Agent Indemnified Party indemnified party is or could have been a party and indemnity was or could have been sought hereunder by such Placement Agent Indemnified Partyindemnified party, unless such settlement, compromise or consent includes: (i) includes an unconditional release of such Placement Agent Indemnified Party indemnified party, in form and substance reasonably satisfactory to such indemnified party, from all liability on claims that are the subject matter of such action, suit or proceeding; proceeding and (ii) does not include a statement any statements as to or an admission any findings of fault, culpability or a failure to act by or on behalf of any Placement Agent Indemnified Partyindemnified party.

Settlements. The Company indemnifying party under this Section 7 shall not be liable under this Section 8 for any settlement of any proceeding effected without its written consent, which consent shall not be unreasonably conditioned, withheld or delayedwithheld, but if settled with such consent or if there be a final judgment for the plaintiff, the Company indemnifying party agrees to indemnify the applicable Placement Agent Indemnified Party or Placement Agent Indemnified Parties indemnified party against any loss, claim, action, cause of action, suit, proceeding, investigation, damage, loss, liability or expense by reason of such settlement or judgmentjudgment in accordance with this Section 7. The Company shall notNo indemnifying party shall, without the prior written consent of the Placement Agent Indemnified Partyindemnified party, effect any settlement, compromise or consent to the entry of judgment in any pending or threatened action, suit or proceeding in respect of which any Placement Agent Indemnified Party indemnified party is or could have been a party and indemnity was or could have been sought hereunder by such Placement Agent Indemnified Partyindemnified party, unless such settlement, compromise or consent includes: includes (iA) an unconditional release of such Placement Agent Indemnified Party indemnified party from all liability on claims that are the subject matter of such action, suit or proceeding; proceeding and (iiB) does not include a statement as to or an admission of fault, culpability or a failure to act by or on behalf of any Placement Agent Indemnified Partyindemnified party.

Settlements. The Company shall not be liable under this Section 8 5 for any settlement of any proceeding effected without its written consent, which consent shall not be unreasonably conditioned, withheld or delayed, but if settled with such consent or if there be a final judgment for the plaintiff, the Company agrees to indemnify the applicable Placement Agent Indemnified Party or Placement Agent Indemnified Parties against any claim, action, cause of action, suit, proceeding, investigation, damage, loss, liability or expense by reason of such settlement or judgment. The Company shall not, without the prior written consent of the Placement Agent Agents Indemnified Party, effect any settlement, compromise or consent to the entry of judgment in any pending or threatened action, suit or proceeding in respect of which any Placement Agent Indemnified Party is or could have been a party and indemnity was or could have been sought hereunder by such Placement Agent Indemnified Party, unless such settlement, compromise or consent includes: (i) an unconditional release of such Placement Agent Indemnified Party from all liability on claims that are the subject matter of such action, suit or proceeding; and (ii) does not include a statement as to or an admission of fault, culpability or a failure to act by or on behalf of any Placement Agent Indemnified Party.