Common use of Indemnification by the Underwriters Clause in Contracts

Indemnification by the Underwriters. Each Underwriter agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, each of its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Act, the Selling Stockholders, and each person, if any, who controls such Selling Stockholder within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Act, against any and all loss, liability, claim, damage and expense described in the indemnity contained in subsection (a) of this Section 6, as incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendment thereto), or in any preliminary prospectus, any Issuer Free Writing Prospectus, the General Disclosure Package or the Prospectus (or any amendment or supplement to any of the foregoing), in reliance upon and in conformity with written information furnished to the Company by such Underwriter through the Representatives expressly for use therein. The Company and the Selling Stockholders hereby acknowledge and agree that the information furnished to the Company by the Underwriters through the Representatives expressly for use in the Registration Statement (or any amendment thereto), in any preliminary prospectus, any Issuer Free Writing Prospectus, the General Disclosure Package or the Prospectus (or any amendment or supplement to any of the foregoing), consists exclusively of the following information appearing under the caption “Underwriting” in the Pre-Pricing Prospectus and the Prospectus: (i) the information regarding the concession and reallowance appearing in the first and second sentence under the caption “Commissions and Discounts” and (ii) the information regarding stabilization, syndicate covering transactions and penalty bids appearing in the third and fourth paragraphs under the caption “Stabilization” (but only insofar as such information concerns the Underwriters).

Indemnification by the Underwriters. Each Underwriter agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, each of its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Act, and the Selling StockholdersStockholder, and each director, officer, employee and agent of a Selling Stockholder and each person, if any, who controls such a Selling Stockholder within the meaning of Section 15 of the 1933 Act or Section 20 of and the 1934 Act, against any and all loss, liability, claim, damage and expense described in the indemnity contained in subsection (a) of this Section 6, as incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendment thereto), or in any preliminary prospectus, any Issuer Free Writing Prospectus, the General Disclosure Package or the Prospectus (or any amendment or supplement to any of the foregoing), in reliance upon and in conformity with written information furnished to the Company by such Underwriter through the Representatives Representative expressly for use therein. The Company hereby acknowledges and the Selling Stockholders hereby acknowledge and agree agrees that the information furnished to the Company by the Underwriters through the Representatives Representative expressly for use in the Registration Statement (or any amendment thereto), or in any preliminary prospectus, any Issuer Free Writing Prospectus, the General Disclosure Package or the Prospectus (or any amendment or supplement to any of the foregoing), consists exclusively of the following information appearing under the caption “Underwriting” in the Pre-Pricing Prospectus and the Prospectus: (i) the information regarding the concession and reallowance appearing in the first and second sentence under the caption “Commissions and Discounts” and (ii) the information regarding stabilization, syndicate covering transactions and penalty bids appearing in the third thirteenth, fourteenth and fourth fifteenth paragraphs under the such caption “Stabilization” (but only insofar as such information concerns the Underwriters).

Indemnification by the Underwriters. Each Underwriter agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, each of its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 ActAct (each, the Selling Stockholders, and each person, if any, who controls such Selling Stockholder within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Actan “Underwriter Indemnified Party”), against any and all loss, liability, claim, damage and expense described in the indemnity contained in subsection (aSection 6(a) of this Section 6hereof, to which such Underwriter Indemnified Party may become subject, under the 1933 Act, the 1934 Act, other federal or state statutory law or regulation or otherwise, as incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendment thereto), or in any preliminary prospectus, any Issuer Free Writing Prospectus, the General Disclosure Package or the Prospectus (or any amendment or supplement to any of the foregoing), in reliance upon and in conformity with written information furnished to the Company by such Underwriter through the Representatives Representative expressly for use therein. The Company hereby acknowledges and the Selling Stockholders hereby acknowledge and agree agrees that the information furnished to the Company by the Underwriters through the Representatives Representative expressly for use in the Registration Statement (or any amendment thereto), or in any preliminary prospectus, any Issuer Free Writing Prospectus, the General Disclosure Package or the Prospectus (or any amendment or supplement to any of the foregoing), consists exclusively of the following information appearing under the caption “Underwriting” in the Pre-Pricing Prospectus and the Prospectus: (i) the information regarding the concession names and reallowance appearing corresponding share amounts set forth in the first and second sentence table of Underwriters appearing under the caption “Commissions and DiscountsUnderwriters” and therein, (ii) the information regarding stabilization, syndicate covering transactions and penalty bids appearing statements in the third paragraph in such caption concerning the terms of offering by the Underwriters and fourth paragraphs under (iii) the statements in the eleventh paragraph in such caption “Stabilization” (but only insofar as such information concerns concerning stabilization and the option to purchase additional shares by the Underwriters).

Indemnification by the Underwriters. Each Underwriter agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, each of its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 ActAct (each, the Selling Stockholders, and each person, if any, who controls such Selling Stockholder within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Actan “Underwriter Indemnified Party”), against any and all loss, liability, claim, damage and expense described in the indemnity contained in subsection (aSection 6(a) of this Section 6hereof, to which such Underwriter Indemnified Party may become subject, under the 1933 Act, the 1934 Act, other federal or state statutory law or regulation or otherwise, as incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendment thereto), or in any preliminary prospectus, any Issuer Free Writing Prospectus, the General Disclosure Package or the Prospectus (or any amendment or supplement to any of the foregoing), in reliance upon and in conformity with written information furnished to the Company by such Underwriter through the Representatives expressly for use therein. The Company hereby acknowledges and the Selling Stockholders hereby acknowledge and agree agrees that the information furnished to the Company by the Underwriters through the Representatives expressly for use in the Registration Statement (or any amendment thereto), or in any preliminary prospectus, any Issuer Free Writing Prospectus, the General Disclosure Package or the Prospectus (or any amendment or supplement to any of the foregoing), consists exclusively of the following information appearing under the caption “Underwriting” in the Pre-Pricing Prospectus and the Prospectus: (i) the information regarding the concession names and reallowance appearing corresponding share amounts set forth in the first and second sentence table of Underwriters appearing under the caption “Commissions and DiscountsUnderwriters” and therein, (ii) the information regarding stabilization, syndicate covering transactions and penalty bids appearing statements in the third paragraph in such caption concerning the terms of offering by the Underwriters and fourth paragraphs under (iii) the statements in the twelfth paragraph in such caption “Stabilization” (but only insofar as such information concerns concerning stabilization and the option to purchase additional shares by the Underwriters).

Indemnification by the Underwriters. Each Underwriter agrees, severally and not jointly, to indemnify and hold harmless the Company, each of its directors, each of its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Act, the Selling Stockholders, and each person, if any, who controls such Selling Stockholder within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Act, against any and all loss, liability, claim, damage and expense described in the indemnity contained in subsection (aSection 6(a) of this Section 6hereof, as incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendment thereto), or in any preliminary prospectus, any Issuer Free Writing Prospectus, the General Disclosure Package or the Prospectus (or any amendment or supplement to any of the foregoing), or any “road show” (as defined in Rule 433) that does not constitute an Issuer Free Writing Prospectus, in reliance upon and in conformity with written information furnished to the Company by such Underwriter through the Representatives Representative expressly for use therein. The Company hereby acknowledges and the Selling Stockholders hereby acknowledge and agree agrees that the information furnished to the Company by the Underwriters through the Representatives Representative expressly for use in the Registration Statement (or any amendment thereto), or in any preliminary prospectus, any Issuer Free Writing Prospectus, the General Disclosure Package or the Prospectus (or any amendment or supplement to any of the foregoing), or any “road show” (as defined in Rule 433) that does not constitute an Issuer Free Writing Prospectus, consists exclusively of the following information appearing under the caption “Underwriting” in the Pre-Pricing Prospectus and the Prospectus: (i) the information regarding the concession and reallowance appearing in the first and second sentence fifth paragraph under the caption “Commissions and Discounts” such caption; and (ii) the information regarding stabilization, syndicate covering transactions and penalty bids appearing in the third and fourth tenth paragraphs under the such caption “Stabilization” (but only insofar as such information concerns the Underwriters).

Indemnification by the Underwriters. Each Underwriter agrees, severally and not jointly, to indemnify and hold harmless the Company, its directors, each of its officers who signed the Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act or Section 20 of the 1934 Act, and each of the Selling Stockholders, and each director, officer, employee and agent of a Selling Stockholder and each person, if any, who controls such a Selling Stockholder within the meaning of Section 15 of the 1933 Act or Section 20 of and the 1934 Act, against any and all loss, liability, claim, damage and expense described in the indemnity contained in subsection (a) of this Section 6, as incurred, but only with respect to untrue statements or omissions, or alleged untrue statements or omissions, made in the Registration Statement (or any amendment thereto), or in any preliminary prospectus, any Issuer Free Writing Prospectus, the General Disclosure Package or the Prospectus (or any amendment or supplement to any of the foregoing), in reliance upon and in conformity with written information furnished to the Company by such Underwriter through the Representatives Representative expressly for use therein. The Company hereby acknowledges and the Selling Stockholders hereby acknowledge and agree agrees that the information furnished to the Company by the Underwriters through the Representatives Representative expressly for use in the Registration Statement (or any amendment thereto), or in any preliminary prospectus, any Issuer Free Writing Prospectus, the General Disclosure Package or the Prospectus (or any amendment or supplement to any of the foregoing), consists exclusively of the following information appearing under the caption “Underwriting” in the Pre-Pricing Prospectus and the Prospectus: (i) the information regarding the concession and reallowance appearing in the first and second sentence under the caption “Commissions and Discounts” and (ii) the information regarding stabilization, syndicate covering transactions and penalty bids appearing in the third fourteenth, fifteenth and fourth sixteenth paragraphs under the such caption “Stabilization” (but only insofar as such information concerns the Underwriters).