Common use of By Each Holder Clause in Contracts

By Each Holder. In connection with any registration statement in which a Holder is participating, each such Holder, to the extent permitted by law, shall indemnify the Company, its officers, directors, managers, employees, agents and representatives, and each Person who controls the Company (within the meaning of the Securities Act) against any losses, claims, damages, liabilities and expenses resulting from any untrue or alleged untrue statement of material fact contained in the registration statement, prospectus or preliminary prospectus or any amendment thereof or supplement thereto or any omission or alleged omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or omission is contained in any information or affidavit so furnished in writing by such Holder expressly for use in such registration statement; provided that (i) the obligation to indemnify shall be individual, not joint and several, for each Holder; (ii) the maximum liability of each Holder under this Section 8 shall be limited to the amount of net proceeds actually received by such Holder (after deducting underwriting commissions and discounts) from the sale of Registrable Securities pursuant to the registration statement giving rise to such indemnification obligation; and (iii) no Holder shall be liable to any such indemnified party in any such case to the extent that such claim is related to (A) information provided by such Holder explicitly in connection with such registration after such Holder provided an update to such information to the Company (1) prior to the date on which the Company requested that the relevant registration statement be declared effective by the Securities and Exchange Commission and the Company did not revise the registration statement with such updated information through filing a pre-effective amendment with the Securities and Exchange Commission or otherwise correcting such information in the registration statement before it was declared effective, or (2) after the registration statement became effective and the Company did not use commercially reasonable efforts to file an amendment or other supplement to the registration statement with the Securities and Exchange Commission that would incorporate such updated information; and (B) the use by the Company of an outdated or defective prospectus to sell the Registrable Securities.

By Each Holder. In connection with any registration statement in which a Holder holder of Registrable Shares is participating, each such Holderholder will furnish to the Corporation in writing such information as the Corporation reasonably requests for use in connection with any such registration statement, preliminary prospectus or prospectus, or any amendment or supplement thereto and, to the extent permitted by law, shall will indemnify the CompanyCorporation, its officers, directors, managers, employees, agents directors and representatives, officers and each Person who controls the Company Corporation (within the meaning of the Securities Act) against any losses, claims, damages, liabilities and expenses resulting from any untrue or alleged untrue statement of material fact contained in the registration statement, prospectus or preliminary prospectus prospectus, or any amendment thereof or supplement thereto thereto, or any omission or alleged omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or omission is contained in any information or affidavit so furnished in writing by such Holder expressly holder specifically for use inclusion in such the registration statementstatement or prospectus; provided provided, that (i) the obligation to indemnify shall will be individualseveral, and not joint and several, for each Holder; (ii) among such sellers of Registrable Shares, and the maximum liability of each Holder under this Section 8 shall such seller of Registrable Shares will be in proportion to, and provided further that such liability will be limited to to, the net amount of net proceeds actually received by such Holder (after deducting underwriting commissions and discounts) seller from the sale of Registrable Securities Shares pursuant to the such registration statement giving rise to statement; further provided, however, that such indemnification obligation; and (iii) no Holder seller of Registrable Shares shall not be liable to any such indemnified party in any such case to the extent that such claim is related to (A) information provided by such Holder explicitly in connection with such registration after such Holder provided an update to such information to the Company (1) prior to the date on which the Company requested that the relevant filing of any such registration statement be declared effective by or prospectus or amendment thereof or supplement thereto, such seller has furnished in writing to the Securities and Exchange Commission and the Company did not revise the Corporation information expressly for use in such registration statement with such updated or prospectus or any amendment thereof or supplement thereto that corrected or made not misleading information through filing a pre-effective amendment with the Securities and Exchange Commission or otherwise correcting such information in the registration statement before it was declared effective, or (2) after the registration statement became effective and the Company did not use commercially reasonable efforts to file an amendment or other supplement previously furnished to the registration statement with the Securities and Exchange Commission that would incorporate such updated information; and (B) the use by the Company of an outdated or defective prospectus to sell the Registrable Securities.Corporation

By Each Holder. In connection with any registration statement in which a Holder holder of Registrable Shares is participating, each such Holderholder will furnish to the Corporation in writing such information as the Corporation reasonably requests for use in connection with any such registration statement, preliminary prospectus or prospectus, or any amendment or supplement thereto and, to the extent permitted by law, shall will indemnify the CompanyCorporation, its officers, directors, managers, employees, agents directors and representatives, officers and each Person who controls the Company Corporation (within the meaning of the Securities Act) against any losses, claims, damages, liabilities and expenses resulting from any untrue or alleged untrue statement of material fact contained in the registration statement, prospectus or preliminary prospectus prospectus, or any amendment thereof or supplement thereto thereto, or any omission or alleged omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or omission is contained in any information or affidavit so furnished in writing by such Holder expressly holder specifically for use inclusion in such the registration statementstatement or prospectus; provided provided, that (i) the obligation to indemnify shall will be individualseveral, and not joint and several, for each Holder; (ii) among such sellers of Registrable Shares, and the maximum liability of each Holder under this Section 8 shall such seller of Registrable Shares will be in proportion to, and provided further that such liability will be limited to to, the net amount of net proceeds actually received by such Holder (after deducting underwriting commissions and discounts) seller from the sale of Registrable Securities Shares pursuant to the such registration statement giving rise to statement; further provided, however, that such indemnification obligation; and (iii) no Holder seller of Registrable Shares shall not be liable to any such indemnified party in any such case to the extent that such claim is related to (A) information provided by such Holder explicitly in connection with such registration after such Holder provided an update to such information to the Company (1) prior to the date on which the Company requested that the relevant filing of any such registration statement be declared effective by or prospectus or amendment thereof or supplement thereto, such seller has furnished in writing to the Securities and Exchange Commission and the Company did not revise the Corporation information expressly for use in such registration statement with such updated or prospectus or any amendment thereof or supplement thereto that corrected or made not misleading information through filing a pre-effective amendment with the Securities and Exchange Commission or otherwise correcting such information in the registration statement before it was declared effective, or (2) after the registration statement became effective and the Company did not use commercially reasonable efforts to file an amendment or other supplement previously furnished to the registration statement with the Securities and Exchange Commission that would incorporate such updated information; and (B) the use by the Company of an outdated or defective prospectus to sell the Registrable SecuritiesCorporation.

By Each Holder. In connection with any registration statement in which a Holder holder of Registrable Shares is participating, each such Holderholder will furnish to the Corporation in writing such information regarding such holder as the Corporation reasonably requests for use in connection with any such registration statement, preliminary prospectus or prospectus, or any amendment or supplement thereto and, to the extent permitted by law, shall will indemnify the CompanyCorporation, its officers, directors, managers, employees, agents directors and representatives, officers and each Person who controls the Company Corporation (within the meaning of the Securities Act) against any losses, claims, damages, liabilities and expenses resulting from any untrue or alleged untrue statement of material fact contained in the registration statement, prospectus or preliminary prospectus prospectus, or any amendment thereof or supplement thereto thereto, or any omission or alleged omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or omission is contained in any information or affidavit so furnished in writing by such Holder expressly holder specifically for use inclusion in such the registration statementstatement or prospectus; provided provided, that (i) the obligation to indemnify shall will be individualseveral, and not joint and several, for each Holder; (ii) among such sellers of Registrable Shares, and the maximum liability of each Holder under this Section 8 shall such seller of Registrable Shares will be limited to the net amount of net proceeds actually received by such Holder (after deducting underwriting commissions and discounts) seller from the sale of Registrable Securities Shares pursuant to the such registration statement giving rise to statement; further provided, however, that such indemnification obligation; and (iii) no Holder seller of Registrable Shares shall not be liable to any such indemnified party in any such case to the extent that such claim is related to (A) information provided by such Holder explicitly in connection with such registration after such Holder provided an update to such information to the Company (1) prior to the date on which the Company requested that the relevant filing of any such registration statement be declared effective by or prospectus or amendment thereof or supplement thereto, such seller has furnished in writing to the Securities and Exchange Commission and the Company did not revise the Corporation information expressly for use in such registration statement with such updated or prospectus or any amendment thereof or supplement thereto that corrected or made not misleading information through filing a pre-effective amendment with the Securities and Exchange Commission or otherwise correcting such information in the registration statement before it was declared effective, or (2) after the registration statement became effective and the Company did not use commercially reasonable efforts to file an amendment or other supplement previously furnished to the registration statement with the Securities and Exchange Commission that would incorporate such updated information; and (B) the use by the Company of an outdated or defective prospectus to sell the Registrable SecuritiesCorporation.

By Each Holder. In connection with any registration statement in which a Holder holder of United Registrable Shares is participating, each such Holderholder will furnish to the Company in writing such information regarding such holder as the Company reasonably requests for use in connection with any such registration statement, preliminary prospectus or prospectus, or any amendment or supplement thereto and, to the extent permitted by law, shall will indemnify the Company, its officers, directors, managers, employees, agents directors and representatives, officers and each Person who controls the Company (within the meaning of the Securities Act) against any losses, claims, damages, liabilities and expenses resulting from any untrue or alleged untrue statement of material fact contained in the registration statement, prospectus or preliminary prospectus prospectus, or any amendment thereof or supplement thereto thereto, or any omission or alleged omission of a material fact required to be stated therein or necessary to make the statements therein not misleading, but only to the extent that such untrue statement or omission is contained in any information or affidavit so furnished in writing by such Holder expressly holder specifically for use inclusion in such the registration statementstatement or prospectus; provided provided, that (i) the obligation to indemnify shall will be individualseveral, and not joint and several, for each Holder; (ii) among such sellers of United Registrable Shares, and the maximum liability of each Holder under this Section 8 shall such seller of United Registrable Shares will be limited to to, the net amount of net proceeds actually received by such Holder (after deducting underwriting commissions and discounts) seller from the sale of United Registrable Securities Shares pursuant to the such registration statement giving rise to statement; further provided, however, that such indemnification obligation; and (iii) no Holder seller of United Registrable Shares shall not be liable to any such indemnified party in any such case to the extent that such claim is related prior to (A) information provided by such Holder explicitly in connection with the filing of any such registration after statement or prospectus or amendment thereof or supplement thereto, such Holder provided an update to such information seller has furnished in writing to the Company (1) prior information expressly for use in such registration statement or prospectus or any amendment thereof or supplement thereto that corrected or made not misleading information previously furnished to the date on which the Company requested that the relevant registration statement be declared effective by the Securities and Exchange Commission and the Company did not revise the registration statement with such updated information through filing a pre-effective amendment with the Securities and Exchange Commission or otherwise correcting such information in the registration statement before it was declared effective, or (2) after the registration statement became effective and the Company did not use commercially reasonable efforts to file an amendment or other supplement to the registration statement with the Securities and Exchange Commission that would incorporate such updated information; and (B) the use by the Company of an outdated or defective prospectus to sell the Registrable SecuritiesCompany.