Common use of Cowen Indemnification Clause in Contracts

Cowen Indemnification. Cowen agrees to indemnify and hold harmless the Company and its directors and each officer of the Company who signed the Registration Statement, and each person, if any, who (i) controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act or (ii) is controlled by or is under common control with the Company from and against any and all losses, liabilities, claims, damages and expenses described in the indemnity contained in Section 9(a), as and when incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendments thereto) or the Prospectus (or any amendment or supplement thereto) or in any free writing prospectus in reliance upon and in conformity with information furnished to the Company by Cowen expressly for inclusion in any document as described in clause (x) of Section 9(a).

Appears in 1 contract

Samples: Common Stock (BIND Therapeutics, Inc)

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Cowen Indemnification. Cowen agrees to indemnify and hold harmless the Company and its directors and each officer of the Company who that signed the Registration Statement, and each person, if any, who (i) controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act or (ii) is controlled by or is under common control with the Company from and (a “Company Affiliate”) against any and all lossesloss, liabilitiesliability, claimsclaim, damages damage and expenses expense described in the indemnity contained in Section 9(a), as and when incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendments thereto) or the Prospectus (or any amendment or supplement thereto) or in any free writing prospectus in reliance upon and in conformity with written information furnished to the Company by Cowen expressly for inclusion in any document as described in clause (x) of Section 9(a). This indemnity agreement will be in addition to any liability that Cowen might otherwise have.

Appears in 1 contract

Samples: Sales Agreement (Horizon Pharma, Inc.)

Cowen Indemnification. Cowen agrees to indemnify and hold harmless the Company and its directors and each officer of the Company who that signed the Registration Statement, and each person, if any, who (i) controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act or (ii) is controlled by or is under common control with the Company from and (a “Company Affiliate”) against any and all lossesloss, liabilitiesliability, claimsclaim, damages damage and expenses expense described in the indemnity contained in Section 9(a), as and when incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendments thereto) or the Prospectus (or any amendment or supplement thereto) or in any free writing prospectus in reliance upon and in conformity with written information relating to Cowen and furnished to the Company by Cowen expressly for inclusion in any document as described in clause (x) of Section 9(a).

Appears in 1 contract

Samples: Sales Agreement (Invivo Therapeutics Holdings Corp.)

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Cowen Indemnification. Cowen agrees to indemnify and hold harmless the Company and its directors and each officer of the Company who signed the Registration Statement, and each person, if any, who (i) controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act or (ii) is controlled by or is under common control with the Company from and (a “Company Affiliate”) against any and all lossesloss, liabilitiesliability, claimsclaim, damages damage and expenses expense described in the indemnity contained in Section 9(a), as and when incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendments thereto) or the Prospectus (or any amendment or supplement thereto) or in any free writing prospectus in reliance upon and in conformity with written information relating to Cowen and furnished to the Company by Cowen expressly for inclusion in any document as described in clause (x) of Section 9(a).

Appears in 1 contract

Samples: Sales Agreement (Idera Pharmaceuticals, Inc.)

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