Common use of Indemnification by Holder of Registrable Securities Clause in Contracts

Indemnification by Holder of Registrable Securities. Each Holder of Registrable Securities agrees to indemnify and hold harmless the Company, its directors and officers and each Person, if any, who controls the Company within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such Holder, but only with respect to information relating to such Holder furnished in writing by such Holder expressly for use in any Registration Statement, Prospectus or preliminary prospectus. In no event, however, shall the liability hereunder of any selling Holder of Registrable Securities be greater than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. In case any action or proceeding shall be brought against the Company or its directors or officers or any such controlling person, in respect of which indemnity may be sought against a Holder of Registrable Securities, such Holder shall have the rights and duties given the Company and the Company or its directors or officers or such controlling person shall have the rights and duties given to each Holder by Sections 7(a) and 7(b) above. The Company shall be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating in the distribution, to the same extent as provided above with respect to information so furnished in writing by such Persons specifically for inclusion in any Prospectus or Registration Statement.

Appears in 5 contracts

Samples: Registration Rights Agreement (Prometheus Homebuilders Funding Corp), Registration Rights Agreement (Fortress Group Inc), Registration Rights Agreement (Tc Group LLC)

AutoNDA by SimpleDocs

Indemnification by Holder of Registrable Securities. Each Holder of Registrable Securities agrees to indemnify and hold harmless the Company, its respective directors and officers and each Person, if any, who controls the Company within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such Holder, but only with respect to information relating to such Holder furnished in writing by such Holder expressly for use in any Registration StatementStatement or Prospectus, Prospectus or any amendment or supplement thereto, or any preliminary prospectus. In no event, however, shall the liability hereunder of any selling Holder of Registrable Securities be greater than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. In case any action or proceeding shall be brought against the Company or its respective directors or officers or any such controlling person, in respect of which indemnity may be sought against a Holder of Registrable Securities, such Holder shall have the rights and duties given the Company Company, and the Company or its respective directors or officers or such controlling person shall have the rights and duties given to each holder by the preceding paragraph. In no event shall the liability of any Holder by Sections 7(a) and 7(b) above. The Company shall of Registrable Securities hereunder be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating greater in amount than the distribution, to dollar amount of the same extent as provided above with respect to information so furnished in writing proceeds received by such Persons specifically for inclusion in any Prospectus or Registration StatementHolder upon the sale of the Registrable Securities giving rise to such indemnification obligation.

Appears in 5 contracts

Samples: Registration Rights Agreement (Idm Environmental Corp), Registration Rights Agreement (Derma Sciences Inc), Registration Rights Agreement (Derma Sciences Inc)

Indemnification by Holder of Registrable Securities. Each Holder of Registrable Securities agrees to indemnify indemnity and hold harmless the Company, its directors and officers and each Person, if any, who controls the Company within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such Holder, but only with respect to information relating to such Holder furnished in writing by such Holder expressly for use in any Registration Statement, Prospectus or preliminary prospectus. In no event, however, shall the liability hereunder of any selling Holder of Registrable Securities be greater than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. In case any action or proceeding shall be brought against the Company or its directors or officers or any such controlling person, in respect of which indemnity may be sought against a Holder of Registrable Securities, such Holder shall have the rights and duties given the Company and the Company or its directors or officers or such controlling person shall have the rights and duties given to each Holder by Sections 7(a) and 7(b) above. The Company shall be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating in the distribution, to the same extent as provided above with respect to information so furnished in writing by such Persons specifically for inclusion in any Prospectus or Registration Statement.

Appears in 4 contracts

Samples: Registration Rights Agreement (Insight Health Services Corp), Registration Rights Agreement (Insight Health Services Corp), Registration Rights Agreement (Insight Health Services Corp)

Indemnification by Holder of Registrable Securities. Each Holder of Registrable Securities agrees to indemnify and hold harmless the Company, its directors and officers and each Person, if any, who controls the Company within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such Holder, but only with respect to information relating to such Holder furnished in writing by such Holder expressly for use in any Registration Statement, Prospectus or preliminary prospectus. In no event, however, shall the liability hereunder of any selling Holder of Registrable Securities be greater than the dollar amount of the net proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. In case any action or proceeding shall be brought against the Company or its directors or officers or any such controlling person, in respect of which indemnity may be sought against a Holder of Registrable Securities, such Holder shall have the rights and duties given the Company and the Company or its directors or officers or such controlling person shall have the rights and duties given to each Holder by Sections 7(a9(a) and 7(b9(b) above. The Company shall be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating in the distribution, to the same extent as provided above with respect to information so furnished in writing by such Persons specifically for inclusion in any Prospectus or Registration Statement.

Appears in 3 contracts

Samples: Registration Rights Agreement (Tc Group LLC), Registration Rights Agreement (Tc Group LLC), Registration Rights Agreement (Aviall Inc)

Indemnification by Holder of Registrable Securities. Each Holder --------------------------------------------------- holder of Registrable Securities agrees to indemnify and hold harmless the Company, its directors and officers and each Person, if any, who controls the Company within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such Holderholder, but only with respect to information relating to such Holder holder furnished in writing by such Holder holder expressly for use in any Registration StatementStatement or Prospectus, Prospectus or any amendment or supplement thereto, or any preliminary prospectus. In no event, however, shall the liability hereunder of any selling Holder of Registrable Securities be greater than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligationProspectus. In case any action or proceeding shall be brought against the Company or its directors or officers or any such controlling person, in respect of which indemnity may be sought against a Holder holder of Registrable Securities, such Holder holder shall have the rights and duties given the Company and the Company or its directors or officers or such controlling person shall have the rights and duties given to each Holder holder by Sections Section 7(a) and ). In no event shall the liability of any selling holder of Registrable Securities under this Section 7(b) abovebe greater in amount than the dollar amount of the net proceeds received by such holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. The Company shall be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating in the distribution, to the same extent as provided above with respect to information so furnished in writing by such Persons specifically for inclusion in any Prospectus or Registration StatementStatement or any amendment or supplement thereto, or any preliminary Prospectus.

Appears in 3 contracts

Samples: Registration Rights Agreement (Colorado Greenhouse Holdings Inc), Registration Rights Agreement (Fresh Enterprises Inc), Registration Rights Agreement (Colorado Greenhouse Holdings Inc)

Indemnification by Holder of Registrable Securities. Each Selling Holder of Registrable Securities agrees to indemnify and hold harmless the Company, its directors and officers officers, and each Personperson, if any, who controls the Company within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such Selling Holder, but only with respect to information relating to such Holder furnished in writing by such Selling Holder or on such Selling Holder's behalf expressly for use in any Registration Statementregistration statement or prospectus relating to the Registrable Securities, Prospectus any amendment or supplement thereto, or any preliminary prospectus. In no event, however, shall the liability hereunder of any selling Holder of Registrable Securities be greater than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. In case any action or proceeding shall be brought against the Company or its directors or officers officers, or any such controlling person, in respect of which indemnity may be sought against a Holder of Registrable Securitiessuch Selling Holder, such Selling Holder shall have the rights and duties given to the Company Company, and the Company or its directors or officers or such controlling person shall have the rights and duties given to such Selling Holder, by the preceding subsection. Each Selling Holder also agrees to indemnify and hold harmless Underwriters of the Registrable Securities, their officers and directors, and each Holder by Sections 7(a) and 7(b) above. The Company shall be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating in the distribution, to person who controls such Underwriters on substantially the same extent basis as that of the indemnification of the Company provided above with respect to information so furnished in writing by such Persons specifically for inclusion in any Prospectus or Registration Statementthis Section 7(b).

Appears in 2 contracts

Samples: Registration Rights Agreement (Safeguard Health Enterprises Inc), Registration Rights Agreement (Anderson Jack R)

Indemnification by Holder of Registrable Securities. Each Holder of Registrable Securities --------------------------------------------------- agrees to indemnify and hold harmless the Company, its directors and officers and each Person, if any, who controls the Company within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such Holder, but only with respect to information relating to such Holder furnished in writing by such Holder expressly for use in any Registration StatementStatement or Prospectus, Prospectus or any amendment or supplement thereto, or any preliminary prospectus. In no event, however, shall the liability hereunder of any selling Holder of Registrable Securities be greater than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. In case any action or proceeding shall be brought against the Company or its directors or officers or any such controlling person, in respect of which indemnity may be sought against a Holder of Registrable SecuritiesHolder, such Holder shall have the rights and duties given the Company and the Company or its directors or officers or such controlling person shall have the rights and duties given to each Holder by Sections 7(a) and the preceding paragraph. In no event shall the liability of any selling Holder under this Section 7(b) abovebe greater in amount than the dollar amount of the net proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. The Company shall be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating in the distribution, to the same extent as provided above with respect to information so furnished in writing by such Persons specifically for inclusion in any Prospectus or Registration StatementStatement or any amendment or supplement thereto, or any preliminary prospectus.

Appears in 2 contracts

Samples: Registration Rights Agreement (Howmet International Inc), Registration Rights Agreement (Howmet International Inc)

Indemnification by Holder of Registrable Securities. Each The Holder of Registrable Securities agrees to indemnify and hold harmless the Company, its directors and officers and each Person, if any, who controls the Company within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such Holder, but only with respect to information relating to such Holder furnished in writing by such Holder expressly specifically for use in any Registration StatementStatement or Prospectus, Prospectus or any amendment or supplement thereto, or any preliminary prospectus. In no event, however, shall the liability hereunder of any selling Holder of Registrable Securities be greater than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. In case any action or proceeding shall be brought against the Company or its directors or officers or any such controlling person, in respect of which indemnity may be sought against a Holder of Registrable SecuritiesHolder, such Holder shall have the rights and duties given the Company and the Company or its directors or officers or such controlling person shall have the rights and duties given to each Holder by Sections 7(a) and 7(b) abovethe preceding paragraph. The Company shall be entitled to receive indemnities from underwritersUnderwriters, selling brokers, dealer managers and similar securities industry professionals participating in the distribution, to the same extent as provided above with respect to information so furnished in writing by such Persons specifically for inclusion in any Prospectus or Registration StatementStatement or any amendment or supplement thereto, or any preliminary prospectus.

Appears in 2 contracts

Samples: Tel Save Holdings Inc, Tel Save Holdings Inc

Indemnification by Holder of Registrable Securities. Each Holder of Registrable Securities agrees to indemnify and hold harmless the Company, its directors and officers and each Person, if any, who controls the Company within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such Holder, but only with respect to information relating to such Holder furnished in writing by such Holder expressly for use in any Registration Statement, Prospectus or preliminary prospectus. In no event, however, shall the liability hereunder of any selling Holder of Registrable Securities be greater than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. In case any action or proceeding shall be brought against the Company or its directors or officers or any such controlling person, in respect of which indemnity may be sought against a Holder of Registrable Securities, such Holder shall have the rights and duties given the Company and the Company or its directors or officers or such controlling person shall have the rights and duties given to each such Holder by Sections SECTION 7(a) and SECTION 7(b) ), above. The Company shall be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating in the distribution, to the same extent as provided above with respect to information so furnished in writing by such Persons specifically for inclusion in any Prospectus or Registration Statement.

Appears in 2 contracts

Samples: Registration Rights Agreement (Ge Capital Equity Investments Inc), Registration Rights Agreement (General Electric Capital Corp)

Indemnification by Holder of Registrable Securities. Each Holder holder of Registrable Securities agrees to indemnify and hold harmless the Company, its directors officers, directors, employees and officers Agents and each Person, if any, who controls the Company within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such Holderholder, but only with respect to information relating to such Holder holder furnished in writing by such Holder holder expressly for use in any Registration StatementStatement or Prospectus, Prospectus or any amendment or supplement thereto, or any preliminary prospectus. In no event, however, shall the liability hereunder of any selling Holder of Registrable Securities be greater than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. In case any action or proceeding shall be brought against the Company or its directors or officers or any such controlling person, in respect of which indemnity may be sought against a Holder holder of Registrable Securities, such Holder holder shall have the rights and duties given the Company and the Company or its directors or officers officers, directors, employees and Agents or such controlling person shall have the rights and duties given to each Holder holder by Sections 7(a) and 7(b) abovethe preceding paragraph. In no event shall the liability of any selling holder of Registrable Securities hereunder be greater in amount than the dollar amount of the proceeds received by such holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. The Company shall be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating in the distribution, to the same extent as provided above with respect to information so furnished in writing by such Persons specifically for inclusion in any Prospectus or Registration StatementStatement or any amendment or supplement thereto, or any preliminary prospectus.

Appears in 2 contracts

Samples: Registration Rights Agreement (National Media Corp), Registration Rights Agreement (Valuevision International Inc)

Indemnification by Holder of Registrable Securities. Each Holder of Registrable Securities agrees to indemnify and hold harmless the Company, its directors and officers and each Person, if any, who controls the Company within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such Holder, but only with respect to information relating to such Holder furnished in writing by such Holder expressly for use in any Registration Statement, Prospectus or preliminary prospectus. In no event, however, shall the liability hereunder of any selling Holder of Registrable Securities be greater than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. In case any action or proceeding shall be brought against the Company or its directors or officers or any such controlling person, in respect of which indemnity may be sought against a Holder of Registrable Securities, such Holder shall have the rights and duties given the Company and the Company or its directors or officers or such controlling person shall have the rights and duties given to each such Holder by Sections Section 7(a) and Section 7(b) ), above. The Company shall be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating in the distribution, to the same extent as provided above with respect to information so furnished in writing by such Persons specifically for inclusion in any Prospectus or Registration Statement.

Appears in 1 contract

Samples: Registration Rights Agreement (Luxtec Corp /Ma/)

Indemnification by Holder of Registrable Securities. Each Holder of Registrable Securities agrees to indemnify and hold harmless the Company, its directors and officers and each Person, if any, who controls the Company within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such Holder, but only with respect to information relating to such Holder furnished in writing by such Holder expressly for use in any Registration Statement, Prospectus or preliminary prospectus. In no event, however, shall the liability hereunder of any selling Holder of Registrable Securities be greater than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. In case any action or proceeding shall be brought against the Company or its directors or officers or any such controlling person, in respect of which indemnity may be sought against a Holder of Registrable Securities, such Holder shall have the rights and duties given the 13 67 Company and the Company or its directors or officers or such controlling person shall have the rights and duties given to each Holder by Sections 7(a) and 7(b) above. The Company shall be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating in the distribution, to the same extent as provided above with respect to information so furnished in writing by such Persons specifically for inclusion in any Prospectus or Registration Statement.

Appears in 1 contract

Samples: Restructuring Agreement (Prometheus Homebuilders LLC)

Indemnification by Holder of Registrable Securities. Each Holder of --------------------------------------------------- Registrable Securities agrees to indemnify and hold harmless the Company, its respective directors and officers and each Person, if any, who controls the Company within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such Holder, but only with respect to information relating to such Holder furnished in writing by such Holder expressly for use in any Registration StatementStatement or Prospectus, Prospectus or any amendment or supplement thereto, or any preliminary prospectus. In no event, however, shall the liability hereunder of any selling Holder of Registrable Securities be greater than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. In case any action or proceeding shall be brought against the Company or its respective directors or officers or any such controlling person, in respect of which indemnity may be sought against a Holder of Registrable Securities, such Holder shall have the rights and duties given the Company Company, and the Company or its respective directors or officers or such controlling person shall have the rights and duties given to each holder by the preceding paragraph. In no event shall the liability of any Holder by Sections 7(a) and 7(b) above. The Company shall of Registrable Securities hereunder be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating greater in amount than the distribution, to dollar amount of the same extent as provided above with respect to information so furnished in writing proceeds received by such Persons specifically for inclusion in any Prospectus or Registration StatementHolder upon the sale of the Registrable Securities giving rise to such indemnification obligation.

Appears in 1 contract

Samples: Registration Rights Agreement (Insynq Inc)

Indemnification by Holder of Registrable Securities. Each Holder of Registrable Securities ----------------------------------------------------- agrees to indemnify and hold harmless the Company, its directors and officers officers, and each Personperson, if any, who controls the Company within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such Holder, but only with respect to information relating to such Holder furnished in writing by such Holder or on such Holder's behalf expressly for use in any Registration Statementregistration statement or prospectus relating to the Registrable Securities, Prospectus any amendment or supplement thereto, or any preliminary prospectus. In no event, however, shall the liability hereunder of any selling Holder of Registrable Securities be greater than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. In case any action or proceeding shall be brought against the Company or its directors or officers officers, or any such controlling person, in respect of which indemnity may be sought against a Holder of Registrable Securitiessuch Holder, such Holder shall have the rights and duties given to the Company Company, and the Company or its directors or officers or such controlling person shall have the rights and duties given to such Holder, by the preceding subsection. Each Holder also agrees to indemnify and hold harmless Underwriters of the Registrable Securities, their officers and directors, and each Holder by Sections 7(a) and 7(b) above. The Company shall be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating in the distribution, to person who controls such Underwriters on substantially the same extent basis as that of the indemnification of the Company provided above with respect to information so furnished in writing by such Persons specifically for inclusion in any Prospectus or Registration Statementthis Section 6(b).

Appears in 1 contract

Samples: Registration Rights Agreement (Safeguard Health Enterprises Inc)

Indemnification by Holder of Registrable Securities. Each Holder of Registrable Securities agrees to indemnify and hold harmless the CompanyGeotek, its directors and officers and each Personperson, if any, who controls the Company Geotek within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company Geotek to such HolderHolders, but only with respect to information relating to such Holder Holders furnished in writing by such Holder Holders expressly for use in any Registration Statementregistration statement or prospectus, Prospectus or any amendment or supplement thereto, or any preliminary prospectus. In case any action or proceeding shall be brought against Geotek or its directors or officers or any such controlling person, in respect of which indemnity may be sought against a Holder, such Holder shall have the rights and duties given to Geotek and Geotek or its directors or officers or such controlling person shall have the rights and duties given to each Holder by the preceding paragraph. In no event, however, event shall the liability hereunder of any selling Holder of Registrable Securities hereunder be greater in amount than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. In case any action or proceeding shall be brought against the Company or its directors or officers or any such controlling person, in respect of which indemnity may be sought against a Holder of Registrable Securities, such Holder shall have the rights and duties given the Company and the Company or its directors or officers or such controlling person shall have the rights and duties given to each Holder by Sections 7(a) and 7(b) above. The Company shall be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating in the distribution, to the same extent as provided above with respect to information so furnished in writing by such Persons specifically for inclusion in any Prospectus or Registration Statement.

Appears in 1 contract

Samples: Loan Agreement (Hughes Electronics Corp)

Indemnification by Holder of Registrable Securities. Each Holder holder of Registrable Securities agrees to indemnify and hold harmless the Company, its directors and officers and each Person, if any, who controls the Company within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such Holderholder, but only with respect to information relating to such Holder holder furnished in writing by such Holder holder expressly for use in any Registration StatementStatement or Prospectus, Prospectus or any amendment or supplement thereto, or any preliminary prospectus. In no event, however, shall the liability hereunder of any selling Holder of Registrable Securities be greater than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. In case any action or proceeding shall be brought against the Company or its directors or officers or any such controlling person, in respect of which indemnity may be sought against a Holder holder of Registrable Securities, such Holder holder shall have the rights and duties given the Company and the Company or its directors or officers or such controlling person shall have the rights and duties given to each Holder holder by Sections 7(a) and 7(b) abovethe preceding paragraph. In no event shall the liability of any selling holder of Registrable Securities hereunder be greater in amount than the dollar amount of the proceeds received by such holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. The Company shall be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating in the distribution, to the same extent as provided above with respect to information so furnished in writing by such Persons specifically for inclusion in any Prospectus or Registration StatementStatement or any amendment or supplement thereto, or any preliminary prospectus.

Appears in 1 contract

Samples: Registration Rights Agreement (Excel Legacy Corp)

Indemnification by Holder of Registrable Securities. Each Holder of Registrable Securities The Investor and each Pecuniary Owner, severally and not jointly, agrees to indemnify and hold harmless the CompanyCompany and its trust managers, its directors officers, employees and officers agents, and each Person, if any, Person who controls the Company (within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act Act) against any losses, claims, damages, liabilities and expenses resulting from any untrue statement of a material fact or any omission of a material fact required to be stated in the Registration Statement or Prospectus or preliminary prospectus or necessary to make the statements therein not misleading, to the same extent as the foregoing indemnity from the Company to such Holderextent, but only with respect to the extent, that such untrue statement or omission is contained in any information relating to such Holder or affidavit so furnished in writing by the Investor, as agent for and on behalf of each Pecuniary Owner, to the Company specifically for inclusion in such Holder expressly for use in any Registration Statement, Prospectus Statement or preliminary prospectusProspectus. In no event, however, event shall the liability of the Investor or any Pecuniary Owner hereunder of any selling Holder of Registrable Securities be greater in amount than the dollar amount of the proceeds received by such Holder Person upon the sale of the Registrable Securities giving rise to such indemnification obligation. In case any action or proceeding shall be brought against the Company or its directors or officers or any such controlling person, in respect of which indemnity may be sought against a Holder of Registrable Securities, such Holder shall have the rights and duties given the Company and the Company or its directors or officers or such controlling person shall have the rights and duties given to each Holder by Sections 7(a) and 7(b) above. The Company shall be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating in the distribution, to the same extent as provided above with respect to information so furnished in writing by such Persons specifically for inclusion in any Prospectus or Registration Statement.

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Apartment Investment & Management Co)

Indemnification by Holder of Registrable Securities. Each Holder holder of Registrable Securities agrees to indemnify and hold harmless the Company, its respective directors and officers and each Person, if any, who controls the Company within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act and any other Person ("Other Person") selling securities in a Registration Statement including Shares of such holder, and such Other Person's directors and officers, and each Person, if any, who controls such Other Person within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such Holderholder, but only with respect to written information furnished to the Company by such holder and relating to such Holder furnished in writing by such Holder holder expressly for use in any Registration StatementStatement or Prospectus, Prospectus or any amendment or supplement thereto, or any preliminary prospectus. In no event, however, shall the liability hereunder of any selling Holder of Registrable Securities be greater than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. In case If any action or proceeding shall be brought against the Company Company, any Other Person or its directors or officers their respective directors, officers, or any such controlling person, in respect of which indemnity may be sought against a Holder holder of Registrable Securities, such Holder holder shall have the rights and duties given the Company Company, and the Company or its directors or officers or such Company, the Other Person and their respective directors, officers, and controlling person persons shall have the rights and duties given to each Holder holder by Sections 7(a) and 7(b) abovethe preceding paragraph. The Company and the Other Persons shall be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating in the distribution, to the same extent as provided above with respect to information so furnished in writing by such Persons specifically for inclusion in any Prospectus or Registration Statement.

Appears in 1 contract

Samples: Registration Rights Agreement (American Architectural Products Corp)

Indemnification by Holder of Registrable Securities. Each Holder holder of Registrable Securities agrees to indemnify and hold harmless the Company, its directors and officers and each Person, if any, who controls the Company within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such Holderholder, but only with respect to information relating to such Holder holder furnished in writing by such Holder holder expressly for use in any Registration StatementStatement or Prospectus, Prospectus or any amendment or supplement thereto, or any preliminary prospectus. In no event, however, shall the liability hereunder of any selling Holder of Registrable Securities be greater than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. In case any action or proceeding shall be brought against the Company or its directors or officers or any such controlling personPerson, in respect of which indemnity may be sought against a Holder holder of Registrable Securities, such Holder holder shall have the rights and duties given the Company Company, and the Company or its directors or officers or such controlling person Person shall have the rights and duties given to each Holder holder by Sections 7(a) and 7(b) abovethe preceding subsection (a). In no event shall the liability of any selling holder of Registrable Securities hereunder be greater in amount than the dollar amount of the proceeds received by such holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. The Company shall be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating in the distribution, to the same extent as provided above with respect to information so furnished in writing by such Persons specifically for inclusion in any Prospectus or Registration Statement.

Appears in 1 contract

Samples: Stockholders Agreement (Medcenterdirect Com Inc)

Indemnification by Holder of Registrable Securities. Each Holder of Registrable Securities agrees to indemnify and hold harmless the Company, its directors and officers and each Person, if any, any who controls the Company within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such HolderHolders, but only with respect to information relating to such Holder Holders furnished in writing by such Holder Holders expressly for use in any Registration Statementregistration statement or prospectus, Prospectus or any amendment or supplement thereto, or any preliminary prospectus. In no event, however, shall the liability hereunder of any selling Holder of Registrable Securities be greater than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. In case any action or proceeding shall be brought against the Company or its directors or officers or any such controlling person, in respect of which indemnity may be sought against a Holder of Registrable Securities, such Holder shall have the rights and duties given to the Company and the Company or its directors or officers or such controlling person shall have the rights and duties given to each Holder by Sections 7(a) and 7(b) abovethe preceding paragraph. The Company In no event shall the liability of any Holder of Registrable Securities hereunder be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating greater in amount than the distribution, to dollar amount of the same extent as provided above with respect to information so furnished in writing proceeds received by such Persons specifically for inclusion in any Prospectus or Registration StatementHolder upon the sale of the Registrable Securities giving rise to such indemnification obligation.

Appears in 1 contract

Samples: Note Registration Rights Agreement (Wilson Greatbatch Technologies Inc)

AutoNDA by SimpleDocs

Indemnification by Holder of Registrable Securities. Each Holder of Registrable Securities agrees to indemnify and hold harmless the Company, its directors and officers and each Person, if any, who controls the Company within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such Holder, but only with respect to information relating to such Holder furnished in writing by such Holder expressly for use in any Registration Statement, Prospectus or preliminary prospectus. In no event, however, shall the liability hereunder of any selling Holder of Registrable Securities be greater than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. In case any action or proceeding shall be brought against the Company or its directors or officers or any such controlling person, in respect of which indemnity may be sought against a Holder of Registrable Securities, such Holder shall have the rights and duties given the Company and the Company or its directors or officers or such controlling person shall have the rights and duties given to each Holder by Sections 7(a6(a) and 7(b6(b) above. The Company shall be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating in the distribution, to the same extent as provided above with respect to information so furnished in writing by such Persons specifically for inclusion in any Prospectus or Registration Statement.

Appears in 1 contract

Samples: Registration Rights Agreement (Mentor Corp /Mn/)

Indemnification by Holder of Registrable Securities. Each Holder holder --------------------------------------------------- of Registrable Securities agrees to indemnify and hold harmless the Company, its directors and officers and each Person, if any, who controls the Company within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such Holderholder, but only with respect to information relating to such Holder holder furnished in writing by such Holder holder expressly for use in any Registration StatementStatement or Prospectus, Prospectus or any amendment or supplement thereto, or any preliminary prospectus. In no event, however, shall the liability hereunder of any selling Holder of Registrable Securities be greater than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligationProspectus. In case any action or proceeding shall be brought against the Company or its directors or officers or any such controlling person, in respect of which indemnity may be sought against a Holder holder of Registrable Securities, such Holder holder shall have the rights and duties given the Company and the Company or its directors or officers or such controlling person shall have the rights and duties given to each Holder holder by Sections 7(aSection 8(a). In no event shall the liability of any selling holder of Registrable Securities under this Section 8(b) and 7(b) abovebe greater in amount than the dollar amount of the net proceeds received by such holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. The Company shall be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating in the distribution, to the same extent as provided above with respect to information so furnished in writing by such Persons specifically for inclusion in any Prospectus or Registration StatementStatement or any amendment or supplement thereto, or any preliminary Prospectus.

Appears in 1 contract

Samples: Registration Rights Agreement (Colorado Greenhouse Holdings Inc)

Indemnification by Holder of Registrable Securities. Each Holder of Registrable Securities agrees to indemnify and hold harmless the Company, its respective directors and officers and each Person, if any, who controls the Company within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such Holder, but only with respect to information relating to such Holder furnished in writing by such Holder expressly for use in any Registration StatementStatement or Prospectus, Prospectus or any amendment or supplement thereto, or any preliminary prospectus. In no event, however, shall the liability hereunder of any selling Holder of Registrable Securities be greater than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. In case any action or proceeding shall be brought against the Company or its respective directors or officers or any such controlling person, in respect of which indemnity may be sought against a Holder of Registrable Securities, such Holder shall have the rights and duties given the Company Company, and the Company or its respective directors or officers or such controlling person shall have the rights and duties given to each holder by the preceding paragraph. In no event shall the liability of any Holder by Sections 7(a) and 7(b) above. The Company shall of Registrable Securities hereunder be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating greater in amount than the distribution, to dollar amount of the same extent as provided above with respect to information so furnished in writing net proceeds received by such Persons specifically for inclusion in any Prospectus or Registration StatementHolder upon the sale of the Registrable Securities giving rise to such indemnification obligation.

Appears in 1 contract

Samples: Registration Rights Agreement (Media Logic Inc)

Indemnification by Holder of Registrable Securities. Each Holder of Registrable Securities agrees to indemnify and hold harmless the CompanyHoldings, its directors and officers and each Person, if any, any who controls the Company Holdings within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company Holdings to such HolderHolders, but only with respect to information relating to such Holder Holders furnished in writing by such Holder Holders expressly for use in any Registration Statementregistration statement or prospectus, Prospectus or any amendment or supplement thereto, or any preliminary prospectus. In no event, however, shall the liability hereunder of any selling Holder of Registrable Securities be greater than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. In case any action or proceeding shall be brought against the Company Holdings or its directors or officers or any such controlling person, in respect of which indemnity may be sought against a Holder of Registrable Securities, such Holder Holder-shall have the rights and duties given the Company to Holdings and the Company Holdings or its directors or officers or such controlling person shall have the rights and duties given to each Holder by Sections 7(a) and 7(b) abovethe preceding paragraph. The Company In no event shall the liability of any Holder of Registrable Securities hereunder be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating greater in amount than the distribution, to dollar amount of the same extent as provided above with respect to information so furnished in writing proceeds received by such Persons specifically for inclusion in any Prospectus or Registration StatementHolder upon the sale of the Registrable Securities giving rise to such indemnification obligation.

Appears in 1 contract

Samples: Registration and Anti Dilution Agreement (Wilson Greatbatch Technologies Inc)

Indemnification by Holder of Registrable Securities. Each Holder holder of Registrable Securities agrees to indemnify and hold holder harmless the Company, its directors and officers and each Person, if any, who controls the Company within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such Holderholder, but only with respect to information relating to such Holder holder furnished in writing by such Holder holder expressly for use in any Registration StatementStatement or Prospectus, Prospectus or any amendment thereto, or any preliminary prospectus. In no event, however, shall the liability hereunder of any selling Holder of Registrable Securities be greater than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. In case any action or proceeding shall be brought against the Company or its directors or officers or any such controlling person, in respect of which indemnity may be sought against a Holder holder of Registrable Securities, such Holder holder shall have the rights and duties given the Company and the Company or its directors or officers or such controlling person shall have the rights and duties given to each Holder holder by Sections 7(athe preceding paragraph. In no event shall the liability of any selling holder of Registrable Securities hereunder be greater in amount than the gross amount of the proceeds (before expenses and commissions) and 7(b) above. The Company shall be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating in the distribution, to the same extent as provided above with respect to information so furnished in writing sale of Registrable Securities by such Persons specifically for inclusion in any Prospectus or Registration Statementholder giving rise to such indemnification obligation.

Appears in 1 contract

Samples: Registration Rights Agreement (Komag Inc /De/)

Indemnification by Holder of Registrable Securities. Each Holder --------------------------------------------------- of Registrable Securities agrees to indemnify and hold harmless the Company, its directors and officers and each Person, if any, who controls the Company within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such Holder, but only with respect to information relating to such Holder furnished in writing by such Holder expressly for use in any Registration Statement, Prospectus or preliminary prospectus. In no event, however, shall the liability hereunder of any selling Holder of Registrable Securities be greater than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. In case any action or proceeding shall be brought against the Company or its directors or officers or any such controlling person, in respect of which indemnity may be sought against a Holder of Registrable Securities, such Holder shall have the rights and duties given the Company and the Company or its directors or officers or such controlling person shall have the rights and duties given to each such Holder by Sections Section 7(a) and Section 7(b) ), above. The Company shall be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating in the distribution, to the same extent as provided above with respect to information so furnished in writing by such Persons specifically for inclusion in any Prospectus or Registration Statement.

Appears in 1 contract

Samples: Registration Rights Agreement (Luxtec Corp /Ma/)

Indemnification by Holder of Registrable Securities. Each Holder --------------------------------------------------- of Registrable Securities agrees to indemnify and hold harmless the Company, its directors and officers and each Person, if any, who controls the Company within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such Holder, but only with respect to information relating to such Holder furnished in writing by such Holder expressly for use in any Registration Statement, Prospectus or preliminary prospectus. In no event, however, shall the liability hereunder of any selling Holder of Registrable Securities be greater than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. In case any action or proceeding shall be brought against the Company or its directors or officers or any such controlling person, in respect of which indemnity may be sought against a Holder of Registrable Securities, such Holder shall have the rights and duties given the Company and the Company or its directors or officers or such controlling person shall have the rights and duties given to each such Holder by Sections 7(a) and 7(b) above. The Company shall be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating in the distribution, to the same extent as provided above with respect to information so furnished in writing by such Persons specifically for inclusion in any Prospectus or Registration Statement.

Appears in 1 contract

Samples: Registration Rights Agreement (Coleman Swenson Hoffman Booth Iv Lp)

Indemnification by Holder of Registrable Securities. Each Selling --------------------------------------------------- Holder of Registrable Securities agrees to indemnify and hold harmless the Company, its directors and officers and agents and each Person, if any, who controls the Company within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such Selling Holder, but only with respect to information relating to such Holder furnished in writing by such Selling Holder or on such Selling Holder's behalf expressly for use in any Registration Statementregistration statement or prospectus relating to the Registrable Securities, Prospectus or any amendment or supplement thereto, or any preliminary prospectus. In no event, however, shall the liability hereunder of any selling Holder of Registrable Securities be greater than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. In case any action or proceeding shall be brought against the Company Company, or its directors or officers or agents, or any such controlling person, in respect of which indemnity may be sought against a Holder of Registrable Securitiessuch Selling Holder, such Selling Holder shall have the rights and duties given to the Company Company, and the Company or its directors or officers or agents or such controlling person shall have the rights and duties given to each such Selling Holder, by the preceding paragraph. Each Selling Holder by Sections 7(a) also agrees to indemnify and 7(b) above. The Company shall be entitled to receive indemnities from underwritershold harmless the Bridge Parties and any Affiliate of the Bridge Parties, selling brokersincluding DLJSC, dealer managers CSI and similar securities industry professionals participating in FUSI, if the distributionBridge Parties or any Affiliate of the Bridge Parties, to including DLJSC, CSI and FUSI, acts as Underwriter of the Registrable Securities on substantially the same extent basis as that of the indemnification of the Company provided above with respect to information so furnished in writing by such Persons specifically for inclusion in any Prospectus or Registration Statementthis Section 8.

Appears in 1 contract

Samples: Registration Rights Agreement (Citation Corp /Al/)

Indemnification by Holder of Registrable Securities. Each Holder of Registrable Securities agrees to indemnify and hold harmless the Company, its directors and officers and each Person, if any, who controls the Company within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such Holder, but only with respect to information relating to such Holder furnished in writing by such Holder expressly for use in any Registration Statement, Prospectus or preliminary prospectus. In no event, however, shall the liability hereunder of any selling Holder of Registrable Securities be greater than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. In case any action or proceeding shall be brought against the Company or its directors or officers or any such controlling person, in respect of which indemnity may be sought against a Holder of Registrable Securities, such Holder shall have the rights and duties given the Company and the Company or its directors or officers or such controlling person shall have the rights and duties given to each such Holder by Sections 7(a) and 7(b) above. The Company shall be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating in the distribution, to the same extent as provided above with respect to information so furnished in writing by such Persons specifically for inclusion in any Prospectus or Registration Statement.

Appears in 1 contract

Samples: Registration Rights Agreement (Ge Capital Equity Investments Inc)

Indemnification by Holder of Registrable Securities. Each Selling --------------------------------------------------- Holder of Registrable Securities agrees to indemnify and hold harmless the Company, its directors and officers and agents and each Person, if any, who controls the Company within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such Selling Holder, but only with respect to information relating to such Holder furnished in writing by such Selling Holder or on such Selling Holder's behalf expressly for use in any Registration Statementregistration statement or prospectus relating to the Registrable Securities, Prospectus or any amendment or supplement thereto, or any preliminary prospectus. In no event, however, shall the liability hereunder of any selling Holder of Registrable Securities be greater than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. In case any action or proceeding shall be brought against the Company Company, or its directors or officers or agents, or any such controlling person, in respect of which indemnity may be sought against a Holder of Registrable Securitiessuch Selling Holder, such Selling Holder shall have the rights and duties given to the Company Company, and the Company or its directors or officers or agents or such controlling person shall have the rights and duties given to each such Selling Holder, by the preceding paragraph. Each Selling Holder by Sections 7(a) also agrees to indemnify and 7(b) above. The Company shall be entitled to receive indemnities from underwritershold harmless the Purchasers and any Affiliate of the Purchasers, selling brokersincluding DLJSC, dealer managers and similar securities industry professionals participating in FUSI, if the distributionPurchasers or any Affiliate of the Purchasers, to including DLJSC, and FUSI act as Underwriters of the Registrable Securities on substantially the same extent basis as that of the indemnification of the Company provided above with respect to information so furnished in writing by such Persons specifically for inclusion in any Prospectus or Registration Statementthis Section 8.

Appears in 1 contract

Samples: Registration Rights Agreement (Citation Corp /Al/)

Indemnification by Holder of Registrable Securities. Each Holder holder --------------------------------------------------- of Registrable Securities agrees to indemnify and hold harmless the Company, its directors and officers and each Person, if any, who controls the Company within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity indemnify from the Company to such Holderholder, but only with respect to information relating to such Holder holder furnished in writing by such Holder holder expressly for use in any Registration StatementStatement or Prospectus, Prospectus or any amendment or supplement thereto, or any preliminary prospectus. In no event, however, shall the liability hereunder of any selling Holder of Registrable Securities be greater than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. In case any action or proceeding shall be brought against the Company or its directors or officers or any such controlling person, in respect of which indemnity may be sought against a Holder holder of Registrable Securities, such Holder holder shall have the rights and duties given to the Company and the Company or its directors or officers or such controlling person shall have the rights and duties given to each Holder holder by Sections 7(a) and 7(b) abovethe preceding paragraph. In no event shall the liability of any selling holder of Registrable Securities hereunder be greater than the dollar amount of the proceeds received by such holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. The Company and each holder of Registrable Securities shall be entitled to receive received indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating in the distribution, underwriters to the same extent as provided above with respect to information so furnished in writing by such Persons them specifically for inclusion in any Prospectus or Registration Statement.Statement or any amendment or supplement thereto, or any preliminary prospectus

Appears in 1 contract

Samples: Registration Rights Agreement (National Golf Properties Inc)

Indemnification by Holder of Registrable Securities. Each Holder holder of Registrable Securities agrees to indemnify and hold harmless the Company, its directors and officers and each Person, if any, who controls the Company within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such Holderholder, but only with respect to information relating to such Holder holder furnished in writing by such Holder holder expressly for use in any Registration StatementStatement or Prospectus, Prospectus or any amendment or supplement thereto, or any preliminary prospectus. In no event, however, shall the liability hereunder of any selling Holder of Registrable Securities be greater than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. In case any action or proceeding shall be brought against the Company or its directors or officers or any such controlling person, in respect of which indemnity may be sought against a Holder holder of Registrable Securities, such Holder holder shall have the rights and duties given the Company and the Company or its directors or officers or such controlling person shall have the rights and duties given to each Holder holder by Sections 7(a) and the preceding paragraph. In no event shall the liability of any selling holder of Registrable Securities under this Section 7(b) abovebe greater in amount than the dollar amount of the net proceeds received by such holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. The Company shall be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating in the distribution, to the same extent as provided above with respect to information so furnished in writing by such Persons specifically for inclusion in any Prospectus or Registration StatementStatement or any amendment or supplement thereto, or any preliminary prospectus.

Appears in 1 contract

Samples: Shareholders Agreement (Thiokol Corp /De/)

Indemnification by Holder of Registrable Securities. Each Holder of Registrable Securities agrees to indemnify and hold harmless the Company, its directors and officers and each Person, if any, who controls the Company within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the foregoing indemnity from the Company to such Holder, but only with respect to information relating to such Holder furnished in writing by such Holder expressly for use in any Registration Statement, Prospectus or preliminary prospectus. In no event, however, shall the liability hereunder of any selling Holder of Registrable Securities be greater than the dollar amount of the proceeds received by such Holder upon the sale of the Registrable Securities giving rise to such indemnification obligation. In any case any action or proceeding shall be brought against the Company or its directors or officers or any such controlling person, in respect of which indemnity may be sought against a Holder of Registrable Securities, such Holder shall have the rights and duties given the Company and the Company or its directors or officers or such controlling person shall have the rights and duties given to each Holder by Sections 7(a6(a) and 7(b6(b) above. The Company shall be entitled to receive indemnities from underwriters, selling brokers, dealer managers and similar securities industry professionals participating in the distribution, to the same extent as provided above with respect to information so furnished in writing by such Persons specifically for inclusion in any Prospectus or Registration Statement.

Appears in 1 contract

Samples: Registration Rights Agreement (Intracel Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.