Common use of Indemnification of the Company and the Selling Stockholders Clause in Contracts

Indemnification of the Company and the Selling Stockholders. Each Underwriter, severally and not jointly, agrees to indemnify and hold harmless the Company, its affiliates, the directors, officers, employees, and agents of the Company and each other person or entity, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act, and in the case of the Over-Allotment Option, each of the Selling Stockholders, against any losses, liabilities, claims, damages, and expenses whatsoever, as incurred (including but not limited to reasonable attorneys’ fees and any and all reasonable expenses whatsoever, incurred in investigating, preparing, or defending against any litigation, commenced or threatened, or any claim whatsoever, and any and all amounts paid in settlement of any claim or litigation), joint or several, to which they or any of them may become subject under the Securities Act, the Exchange Act, or otherwise, insofar as such losses, liabilities, claims, damages, or expenses (or actions in respect thereof) arise out of or are based upon an untrue statement or alleged untrue statement of a material fact contained in the Registration Statement at the time of effectiveness and at any subsequent time pursuant to Rules 430A and 430B of the Securities Act and the rules and regulations thereunder, any Preliminary Prospectus, the Prospectus, or any amendment or supplement to any of them, or arise out of or are based upon the omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleading, in each case to the extent, but only to the extent, that any such loss, liability, claim, damage, or expense (or action in respect thereof) arises out of or is based upon any such untrue statement or alleged untrue statement or omission or alleged omission made therein in reliance upon the Underwriters’ Information; provided, however, that in no case shall any Underwriter be liable or responsible for any amount in excess of the underwriting discount and commissions applicable to the Securities purchased by such Underwriter hereunder.

Indemnification of the Company and the Selling Stockholders. Each UnderwriterUnderwriter agrees, severally severally, and not jointly, agrees to indemnify and hold harmless the Company, its affiliates, the directors, officers, employees, and agents of its officers who signed the Company Registration Statement and each other person or entityperson, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act, Act and in the case of the Over-Allotment Option, each of the Selling StockholdersStockholders and each person, against any lossesif any, liabilities, claims, damages, and expenses whatsoever, as incurred (including but not limited to reasonable attorneys’ fees and any and all reasonable expenses whatsoever, incurred in investigating, preparing, or defending against any litigation, commenced or threatened, or any claim whatsoever, and any and all amounts paid in settlement who controls the Selling Stockholders within the meaning of any claim or litigation), joint or several, to which they or any of them may become subject under the Securities Act, the Exchange Act, or otherwise, insofar as such losses, liabilities, claims, damages, or expenses (or actions in respect thereof) arise out of or are based upon an untrue statement or alleged untrue statement of a material fact contained in the Registration Statement at the time of effectiveness and at any subsequent time pursuant to Rules 430A and 430B Section 15 of the Securities Act or Section 20 of the Exchange Act to the same extent as the indemnity set forth in paragraph (a) and the rules and regulations thereunder(b) above, any Preliminary Prospectusas applicable, the Prospectus, or any amendment or supplement but only with respect to any of themlosses, claims, damages or liabilities (including reasonable and documented legal fees and other expenses reasonably incurred and documented in connection with any suit, action or proceeding or claim asserted) that arise out of of, or are based upon the omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein not misleadingupon, in each case to the extent, but only to the extent, that any such loss, liability, claim, damage, or expense (or action in respect thereof) arises out of or is based upon any such untrue statement or omission or alleged untrue statement or omission or alleged omission made therein in reliance upon the Underwriters’ Information; provided, however, that and in no case shall conformity with any information relating to such Underwriter be liable or responsible for any amount in excess of the underwriting discount and commissions applicable furnished to the Securities purchased Company in writing by such Underwriter hereunderthrough the Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Preliminary Prospectus, any Issuer Free Writing Prospectus, any Written Testing-the-Waters Communication, any road show or any Pricing Disclosure Package (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by any Underwriter consists of the following information in the Prospectus furnished on behalf of each Underwriter: the concession and reallowance figures appearing in the third paragraph under the caption “Underwriting” and the information contained in the eleventh, twelfth and thirteenth paragraphs under the caption “Underwriting”.

Indemnification of the Company and the Selling Stockholders. Each UnderwriterUnderwriter agrees, severally and not jointly, agrees to indemnify and hold harmless the Company, its affiliates, the directors, officers, employees, and agents of its officers who signed the Company Registration Statement and each other person or entityperson, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act, Act and in the case of the Over-Allotment Option, each of the Selling Stockholders, Stockholders from and against any and all losses, liabilities, claims, damagesdamages and liabilities (including, and expenses whatsoeverwithout limitation, as reasonably incurred (including but not limited to reasonable attorneys’ legal fees and any and all reasonable other expenses whatsoever, incurred in investigatingconnection with any suit, preparing, action or defending against any litigation, commenced or threatened, proceeding or any claim whatsoeverasserted, as such fees and any and all amounts paid in settlement of any claim or litigationexpenses are incurred), joint or several, to which they or any of them may become subject under the Securities Act, the Exchange Act, or otherwise, insofar as such losses, liabilities, claims, damages, or expenses (or actions in respect thereof) that arise out of of, or are based upon an upon, (i) any untrue statement or alleged untrue statement of a material fact contained in the Registration Statement at the time of effectiveness and at or caused by any subsequent time pursuant to Rules 430A and 430B of the Securities Act and the rules and regulations thereunder, any Preliminary Prospectus, the Prospectus, or any amendment or supplement to any of them, or arise out of or are based upon the omission or alleged omission to state therein a material fact required to be stated therein or necessary in order to make the statements therein therein, not misleading, in each case to the extent, but only to the extent, that or (ii) any such loss, liability, claim, damage, or expense (or action in respect thereof) arises out of or is based upon any such untrue statement or alleged untrue statement of a material fact contained in the Prospectus (or any amendment or supplement thereto), the Base Prospectus, any Issuer Free Writing Prospectus, any “issuer information” filed or required to be filed pursuant to Rule 433(d) under the Securities Act, any road show or any Pricing Disclosure Package (including any Pricing Disclosure Package that has subsequently been amended), or caused by any omission or alleged omission to state therein a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading, but in each case, (x) only with respect to any losses, claims, damages or liabilities that arise out of, or are based upon, any untrue statement or omission or alleged untrue statement or omission made therein in reliance upon the Underwriters’ Information; provided, however, that and in no case shall conformity with any information relating to such Underwriter be liable or responsible for any amount in excess of the underwriting discount and commissions applicable furnished to the Securities purchased Company in writing by such Underwriter hereunderthrough the Representative expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), the Base Prospectus, any Issuer Free Writing Prospectus, any road show or any Pricing Disclosure Package (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by any Underwriter consists of the following information in the Prospectus furnished on behalf of each Underwriter: the concession and reallowance figures appearing in the third paragraph under the caption “Underwriting” and the information contained in the thirteenth, fourteenth, and fifteenth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information”) and (y) except insofar as such losses, claims, damages or liabilities arise out of, or are based upon, any untrue statement or omission or alleged untrue statement or omission made in reliance upon and in conformity with any Selling Stockholder Information.

Indemnification of the Company and the Selling Stockholders. Each Underwriter, Underwriter will severally and not jointly, agrees to jointly indemnify and hold harmless the Company, each of its affiliates, the directors, officers, employees, and agents of the Company directors and each other person or entityof its officers who signs a Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act, and in the case of the Over-Allotment Optioneach Selling Stockholder (each, each of the Selling Stockholders, an “Underwriter Indemnified Party”) against any losses, liabilities, claims, damages, and expenses whatsoever, as incurred (including but not limited to reasonable attorneys’ fees and any and all reasonable expenses whatsoever, incurred in investigating, preparing, damages or defending against any litigation, commenced or threatened, or any claim whatsoever, and any and all amounts paid in settlement of any claim or litigation), joint or several, liabilities to which they or any of them such Underwriter Indemnified Party may become subject under the Securities Act, the Exchange Act, or other Federal or state statutory law or regulation or otherwise, insofar as such losses, liabilities, claims, damages, damages or expenses liabilities (or actions in respect thereof) arise out of or are based upon an any untrue statement or alleged untrue statement of a any material fact contained in the any Registration Statement at the time of effectiveness and any time, any Statutory Prospectus at any subsequent time pursuant to Rules 430A and 430B of the Securities Act and the rules and regulations thereunder, any Preliminary Prospectustime, the Prospectus, Final Prospectus or any amendment or supplement to any of them, Issuer Free Writing Prospectus or arise out of or are based upon the omission or the alleged omission to state therein of a material fact required to be stated therein or necessary to make the statements therein not misleading, in each case to the extent, but only to the extent, that any such loss, liability, claim, damage, or expense (or action in respect thereof) arises out of or is based upon any such untrue statement or alleged untrue statement or omission or alleged omission was made therein in reliance upon the Underwriters’ Information; provided, however, that and in no case shall any Underwriter be liable or responsible for any amount in excess of the underwriting discount and commissions applicable conformity with written information furnished to the Securities purchased Company by such Underwriter hereunderthrough the Representative specifically for use therein, and will reimburse any legal or other expenses reasonably incurred by such Underwriter Indemnified Party in connection with investigating or defending against any such loss, claim, damage, liability, action, litigation, investigation or proceeding whatsoever (whether or not such Underwriter Indemnified Party is a party thereto), whether threatened or commenced, based upon any such untrue statement or omission, or any such alleged untrue statement or omission as such expenses are incurred, it being understood and agreed that the only such information furnished by any Underwriter consists of the following information under the caption “Underwriting” in the Final Prospectus furnished on behalf of each Underwriter: (i) the concession figure appearing in the fourth paragraph thereunder and (ii) the information related to stabilizing transactions, over-allotment transactions, syndicate covering transactions and penalty bids contained in the 12th paragraph thereunder.

Indemnification of the Company and the Selling Stockholders. Each Underwriter, Underwriter will severally and not jointly, agrees to jointly indemnify and hold harmless the Company, each of its affiliates, the directors, officers, employees, and agents of the Company directors and each other person or entityof its officers who signs a Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act, and in the case of the Over-Allotment Optioneach Selling Stockholder (each, each of the Selling Stockholders, an "Underwriter Indemnified Party") against any losses, liabilities, claims, damages, and expenses whatsoever, as incurred (including but not limited to reasonable attorneys’ fees and any and all reasonable expenses whatsoever, incurred in investigating, preparing, damages or defending against any litigation, commenced or threatened, or any claim whatsoever, and any and all amounts paid in settlement of any claim or litigation), joint or several, liabilities to which they or any of them such Underwriter Indemnified Party may become subject under the Securities Act, the Exchange Act, or other Federal or state statutory law or regulation or otherwise, insofar as such losses, liabilities, claims, damages, damages or expenses liabilities (or actions in respect thereof) arise out of or are based upon an any untrue statement or alleged untrue statement of a any material fact contained in the any Registration Statement at the time of effectiveness and any time, any Statutory Prospectus at any subsequent time pursuant to Rules 430A and 430B of the Securities Act and the rules and regulations thereunder, any Preliminary Prospectustime, the Prospectus, Final Prospectus or any amendment or supplement to any of them, Issuer Free Writing Prospectus or arise out of or are based upon the omission or the alleged omission to state therein of a material fact required to be stated therein or necessary to make the statements therein not misleading, in each case to the extent, but only to the extent, that any such loss, liability, claim, damage, or expense (or action in respect thereof) arises out of or is based upon any such untrue statement or alleged untrue statement or omission or alleged omission was made therein in reliance upon the Underwriters’ Information; provided, however, that and in no case shall any Underwriter be liable or responsible for any amount in excess of the underwriting discount and commissions applicable conformity with written information furnished to the Securities purchased Company by such Underwriter hereunderthrough the Representative specifically for use therein, and will reimburse any legal or other expenses reasonably incurred by such Underwriter Indemnified Party in connection with investigating or defending against any such loss, claim, damage, liability, action, litigation, investigation or proceeding whatsoever (whether or not such Underwriter Indemnified Party is a party thereto), whether threatened or commenced, based upon any such untrue statement or omission, or any such alleged untrue statement or omission as such expenses are incurred, it being understood and agreed that the only such information furnished by any Underwriter consists of the following information in the Final Prospectus furnished on behalf of each Underwriter: the concession and reallowance figures appearing in the fourth paragraph under the caption "Underwriting" and the information related to stabilizing transactions, over-allotment transactions, syndicate covering transactions and penalty bids contained in the fifteenth paragraph thereunder.

Indemnification of the Company and the Selling Stockholders. Each Underwriter, Underwriter will severally and not jointly, agrees to jointly indemnify and hold harmless the Company, each of its affiliates, the directors, officers, employees, and agents of the Company directors and each other person or entityof its officers who signs a Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act, and in the case of the Over-Allotment Optioneach Selling Stockholder (each, each of the Selling Stockholdersan “Underwriter Indemnified Party”), against any losses, liabilities, claims, damages, and expenses whatsoever, as incurred (including but not limited to reasonable attorneys’ fees and any and all reasonable expenses whatsoever, incurred in investigating, preparing, damages or defending against any litigation, commenced or threatened, or any claim whatsoever, and any and all amounts paid in settlement of any claim or litigation), joint or several, liabilities to which they or any of them such Underwriter Indemnified Party may become subject subject, under the Securities Act, the Exchange Act, Act or other Federal or state statutory law or regulation or otherwise, insofar as such losses, liabilities, claims, damages, damages or expenses liabilities (or actions in respect thereof) arise out of or are based upon an any untrue statement or alleged untrue statement of a any material fact contained in any part of the Registration Statement at the time of effectiveness and at any subsequent time pursuant to Rules 430A and 430B of the Securities Act and the rules and regulations thereundertime, any Preliminary ProspectusStatutory Prospectus as of any time, the Final Prospectus, or any amendment or supplement to any of themIssuer Free Writing Prospectus, or arise out of or are based upon the omission or the alleged omission to state therein of a material fact required to be stated therein or necessary to make the statements therein not misleading, in each case to the extent, but only to the extent, that any such loss, liability, claim, damage, or expense (or action in respect thereof) arises out of or is based upon any such untrue statement or alleged untrue statement or omission or alleged omission was made therein in reliance upon the Underwriters’ Information; provided, however, that and in no case shall any Underwriter be liable or responsible for any amount in excess of the underwriting discount and commissions applicable conformity with written information furnished to the Securities purchased Company by such Underwriter hereunderthrough the Representatives specifically for use therein, and will reimburse any legal or other expenses reasonably incurred by such Underwriter Indemnified Party in connection with investigating or defending against any such loss, claim, damage, liability, action, litigation, investigation or proceeding whatsoever (whether or not such Underwriter Indemnified Party is a party thereto), whether threatened or commenced, based upon any such untrue statement or omission, or any such alleged untrue statement or omission as such expenses are incurred, it being understood and agreed that the only such information furnished by any Underwriter consists of the following information in the Final Prospectus furnished on behalf of each Underwriter: the concession figure appearing in the first paragraph under the caption “Underwriting—Commissions and Discounts,” the information in the second, third and fourth paragraphs under “Underwriting—Price Stabilization, Short Positions” and the information under “Underwriting—Electronic Distribution.”

Indemnification of the Company and the Selling Stockholders. Each Underwriter, Underwriter will severally and not jointly, agrees to jointly indemnify and hold harmless the Company, each of its affiliates, the directors, officers, employees, and agents of the Company directors and each other person or entityof its officers who signs a Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act, and in the case of the Over-Allotment Optioneach Selling Stockholder (each, each of the Selling Stockholdersan “Underwriter Indemnified Party”), against any losses, liabilities, claims, damages, and expenses whatsoever, as incurred (including but not limited to reasonable attorneys’ fees and any and all reasonable expenses whatsoever, incurred in investigating, preparing, damages or defending against any litigation, commenced or threatened, or any claim whatsoever, and any and all amounts paid in settlement of any claim or litigation), joint or several, liabilities to which they or any of them such Underwriter Indemnified Party may become subject subject, under the Securities Act, the Exchange Act, Act or other Federal or state statutory law or regulation or otherwise, insofar as such losses, liabilities, claims, damages, damages or expenses liabilities (or actions in respect thereof) arise out of or are based upon an any untrue statement or alleged untrue statement of a any material fact contained in any part of the Registration Statement at the time of effectiveness and at any subsequent time pursuant to Rules 430A and 430B of the Securities Act and the rules and regulations thereundertime, any Preliminary ProspectusStatutory Prospectus as of any time, the Final Prospectus, or any amendment or supplement to any of themIssuer Free Writing Prospectus, or arise out of or are based upon the omission or the alleged omission to state therein of a material fact required to be stated therein or necessary to make the statements therein not misleading, in each case to the extent, but only to the extent, that any such loss, liability, claim, damage, or expense (or action in respect thereof) arises out of or is based upon any such untrue statement or alleged untrue statement or omission or alleged omission was made therein in reliance upon the Underwriters’ Information; provided, however, that and in no case shall any Underwriter be liable or responsible for any amount in excess of the underwriting discount and commissions applicable conformity with written information furnished to the Securities purchased Company by such Underwriter hereunderthrough the Representatives specifically for use therein, and will reimburse any legal or other expenses reasonably incurred by such Underwriter Indemnified Party in connection with investigating or defending against any such loss, claim, damage, liability, action, litigation, investigation or proceeding whatsoever (whether or not such Underwriter Indemnified Party is a party thereto), whether threatened or commenced, based upon any such untrue statement or omission, or any such alleged untrue statement or omission as such expenses are incurred, it being understood and agreed that the only such information furnished by any Underwriter consists of the following information in the Final Prospectus furnished on behalf of each Underwriter: the concession figure appearing in the fourth paragraph under the caption “Underwriting” and the information related to stabilizing transactions, option to purchase additional shares transactions, syndicate covering transactions and penalty bids contained in the twelfth and thirteenth paragraphs under the caption “Underwriting”.

Indemnification of the Company and the Selling Stockholders. Each UnderwriterUnderwriter agrees, severally and not jointly, agrees to indemnify and hold harmless the Company, its affiliates, the directors, officers, employees, and agents of its officers who signed the Company Registration Statement and each other person or entityperson, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act, Act and in the case of the Over-Allotment Option, each of the Selling Stockholders, Stockholders from and against any and all losses, liabilities, claims, damagesdamages and liabilities (including, and expenses whatsoeverwithout limitation, as reasonably incurred (including but not limited to reasonable attorneys’ legal fees and any and all reasonable other expenses whatsoever, incurred in investigatingconnection with any suit, preparing, action or defending against any litigation, commenced or threatened, proceeding or any claim whatsoeverasserted, as such fees and any and all amounts paid in settlement of any claim or litigationexpenses are incurred), joint or several, to which they or any of them may become subject under the Securities Act, the Exchange Act, or otherwise, insofar as such losses, liabilities, claims, damages, or expenses (or actions in respect thereof) that arise out of of, or are based upon an upon, (i) any untrue statement or alleged untrue statement of a material fact contained in the Registration Statement at the time of effectiveness and at or caused by any subsequent time pursuant to Rules 430A and 430B of the Securities Act and the rules and regulations thereunder, any Preliminary Prospectus, the Prospectus, or any amendment or supplement to any of them, or arise out of or are based upon the omission or alleged omission to state therein a material fact required to be stated therein or necessary in order to make the statements therein therein, not misleading, in each case to the extent, but only to the extent, that or (ii) any such loss, liability, claim, damage, or expense (or action in respect thereof) arises out of or is based upon any such untrue statement or alleged untrue statement of a material fact contained in the Prospectus (or any amendment or supplement thereto), any Preliminary Prospectus, any Issuer Free Writing Prospectus, any “issuer information” filed or required to be filed pursuant to Rule 433(d) under the Securities Act, any road show or any Pricing Disclosure Package (including any Pricing Disclosure Package that has subsequently been amended), or caused by any omission or alleged omission to state therein a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading, but in each case, (x) only with respect to any losses, claims, damages or liabilities that arise out of, or are based upon, any untrue statement or omission or alleged untrue statement or omission made therein in reliance upon the Underwriters’ Information; provided, however, that and in no case shall conformity with any information relating to such Underwriter be liable or responsible for any amount in excess of the underwriting discount and commissions applicable furnished to the Securities purchased Company in writing by such Underwriter hereunderthrough the Representatives expressly for use in the Registration Statement, the Prospectus (or any amendment or supplement thereto), any Preliminary Prospectus, any Issuer Free Writing Prospectus, any road show or any Pricing Disclosure Package (including any Pricing Disclosure Package that has subsequently been amended), it being understood and agreed upon that the only such information furnished by any Underwriter consists of the following information in the Prospectus furnished on behalf of each Underwriter: the concession and reallowance figures appearing in the third paragraph under the caption “Underwriting” and the information contained in the fifteenth, sixteenth, and seventeenth paragraphs under the caption “Underwriting” (collectively, the “Underwriter Information”) and (y) except insofar as such losses, claims, damages or liabilities arise out of, or are based upon, any untrue statement or omission or alleged untrue statement or omission made in reliance upon and in conformity with any Selling Stockholder Information.

Indemnification of the Company and the Selling Stockholders. Each Underwriter, Underwriter will severally and not jointly, agrees to jointly indemnify and hold harmless the Company, each of its affiliates, the directors, officers, employees, and agents of the Company directors and each other person or entityof its officers who signs a Registration Statement and each person, if any, who controls the Company within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act, and in the case of the Over-Allotment Optioneach Selling Stockholder (each, each of the Selling Stockholdersan “Underwriter Indemnified Party”), against any losses, liabilities, claims, damages, and expenses whatsoever, as incurred (including but not limited to reasonable attorneys’ fees and any and all reasonable expenses whatsoever, incurred in investigating, preparing, damages or defending against any litigation, commenced or threatened, or any claim whatsoever, and any and all amounts paid in settlement of any claim or litigation), joint or several, liabilities to which they or any of them such Underwriter Indemnified Party may become subject subject, under the Securities Act, the Exchange Act, Act or other Federal or state statutory law or regulation or otherwise, insofar as such losses, liabilities, claims, damages, damages or expenses liabilities (or actions in respect thereof) arise out of or are based upon an any untrue statement or alleged untrue statement of a any material fact contained in any part of the Registration Statement at the time of effectiveness and at any subsequent time pursuant to Rules 430A and 430B of the Securities Act and the rules and regulations thereundertime, any Preliminary ProspectusStatutory Prospectus as of any time, the Final Prospectus, or any amendment or supplement to any of themIssuer Free Writing Prospectus, or arise out of or are based upon the omission or the alleged omission to state therein of a material fact required to be stated therein or necessary to make the statements therein not misleading, in each case to the extent, but only to the extent, that any such loss, liability, claim, damage, or expense (or action in respect thereof) arises out of or is based upon any such untrue statement or alleged untrue statement or omission or alleged omission was made therein in reliance upon the Underwriters’ Information; provided, however, that and in no case shall any Underwriter be liable or responsible for any amount in excess of the underwriting discount and commissions applicable conformity with written information furnished to the Securities purchased Company by such Underwriter hereunderthrough Credit Suisse specifically for use therein, and will reimburse any legal or other expenses reasonably incurred by such Underwriter Indemnified Party in connection with investigating or defending against any such loss, claim, damage, liability, action, litigation, investigation or proceeding whatsoever (whether or not such Underwriter Indemnified Party is a party thereto), whether threatened or commenced, based upon any such untrue statement or omission, or any such alleged untrue statement or omission as such expenses are incurred, it being understood and agreed that the only such information furnished by any Underwriter consists of the following information in the Final Prospectus furnished on behalf of each Underwriter: the concession figure appearing in the fourth paragraph under the caption “Underwriting” and the information related to stabilizing transactions, over-allotment transactions, syndicate covering transactions and penalty bids contained in the twelfth and thirteenth paragraphs under the caption “Underwriting”.