Underwriting Agreement. To the extent that the provisions on indemnification and contribution contained in the underwriting agreement entered into in connection with the underwritten public offering are in conflict with the foregoing provisions, the provisions in the underwriting agreement shall control.
Appears in 118 contracts
Samples: Shareholders Agreement (ZEEKR Intelligent Technology Holding LTD), Shareholders Agreement (ZEEKR Intelligent Technology Holding LTD), Shareholders Agreement (ZKH Group LTD)
Underwriting Agreement. To Notwithstanding the foregoing, to the extent that the provisions on indemnification and contribution contained in the underwriting agreement entered into in connection with the underwritten public offering are in conflict with the foregoing provisions, the provisions in the underwriting agreement shall control.
Appears in 46 contracts
Samples: Investor Rights Agreement (Structure Therapeutics Inc.), Investor Rights Agreement (ShouTi Inc.), Investor Rights Agreement (Xactly Corp)
Underwriting Agreement. To Notwithstanding the foregoing, to the extent that the provisions on indemnification and contribution contained in the underwriting agreement entered into in connection with the underwritten public offering are in conflict with the foregoing provisionsprovisions of this Section 2, the provisions in the underwriting agreement shall control.
Appears in 8 contracts
Samples: Security Agreement (Interwave Communications International LTD), Loan and Security Agreement (Qualmark Corp), Warrant (Bioject Medical Technologies Inc)
Underwriting Agreement. To the extent that the provisions on regarding indemnification and contribution contained in the any underwriting agreement entered into in connection with the an underwritten public offering of Registrable Securities are in conflict with the foregoing provisionsprovisions of this Section 2.7, the provisions contained in the underwriting agreement shall control.
Appears in 6 contracts
Samples: Registration Rights Agreement (Argonaut Group Inc), Registration Rights Agreement (Darling International Inc), Registration Rights Agreement (Darling International Inc)
Underwriting Agreement. To the extent that the provisions on indemnification and contribution contained in the underwriting agreement entered into in connection with the an underwritten public offering are in conflict with the foregoing provisionsindemnification provisions of this Agreement, the provisions in of the underwriting agreement shall control.
Appears in 6 contracts
Samples: Buzztime Investor Rights Agreement (NTN Communications Inc), Buzztime Investor Rights Agreement (NTN Communications Inc), Asset Purchase Agreement (NTN Communications Inc)
Underwriting Agreement. To the extent that the provisions on indemnification and contribution contained in the underwriting agreement entered into in connection with the underwritten public offering are in conflict with the foregoing provisions, the provisions in the underwriting agreement shall controlprevail.
Appears in 6 contracts
Samples: Sixth Amended and Restated Shareholders Agreement (Zhihu Inc.), Sixth Amended and Restated Shareholders Agreement (Zhihu Inc.), Shareholders Agreement
Underwriting Agreement. To the extent that the provisions on indemnification and contribution contained in the underwriting agreement entered into in connection with the an underwritten public offering are in conflict with the foregoing provisionsprovisions of this Section 6, the provisions contained in the underwriting agreement shall control.
Appears in 4 contracts
Samples: Share Exchange Agreement (Eventures Group Inc), Registration Rights Agreement (Eventures Group Inc), Registration Rights Agreement (Eventures Group Inc)
Underwriting Agreement. To the extent that the provisions on indemnification and contribution contained in the underwriting agreement entered into in connection with the underwritten public offering are in conflict with the foregoing provisions, the provisions in the underwriting agreement shall control. No Holder shall be entitled to recover on any claim for indemnification or contribution hereunder if such Holder has been indemnified or recovered pursuant to the contribution provisions of the underwriting agreement in relation to the same losses, claims, damages or liabilities.
Appears in 3 contracts
Samples: Shareholders Agreement (JinkoSolar Holding Co., Ltd.), Shareholders Agreement (JinkoSolar Holding Co., Ltd.), Shareholders Agreement (JinkoSolar Holding Co., Ltd.)
Underwriting Agreement. To Notwithstanding the foregoing, to the extent that the provisions on indemnification indemnifications and contribution contained in the underwriting agreement entered into in connection with the an underwritten public offering are in conflict with the foregoing provisions, the provisions in the underwriting agreement shall controlcontrol and supersede the provisions hereof.
Appears in 3 contracts
Samples: Investors’ Rights Agreement (Kranem Corp), Investors' Rights Agreement (Affymax Inc), Investors’ Rights Agreement (Alphasmart Inc)
Underwriting Agreement. To Notwithstanding the foregoing, to the extent that the provisions on indemnification and contribution contained in the underwriting agreement (if any) entered into in connection with the any underwritten public offering of the Registrable Securities are in conflict with the foregoing provisions, the provisions in the such underwriting agreement shall control.
Appears in 3 contracts
Samples: Investment Agreement (Pxre Group LTD), Investment Agreement (Pxre Group LTD), Investment Agreement (Pxre Group LTD)
Underwriting Agreement. To the extent that the provisions on indemnification and contribution contained in the underwriting agreement entered into in connection with the an underwritten public offering are in conflict with the foregoing provisionsindemnification provisions of this Agreement, the provisions in of the underwriting agreement shall will control.
Appears in 2 contracts
Samples: Stock Transfer Restriction and Registration Rights Agreement (Clear Channel Outdoor Holdings, Inc.), Stock Transfer Restriction and Registration Rights Agreement (Clear Channel Outdoor Holdings, Inc.)
Underwriting Agreement. To Notwithstanding the foregoing, to the extent that the provisions on indemnification and contribution contained in the any underwriting agreement entered into in connection with the underwritten public offering are in conflict with the foregoing provisions, the provisions in the underwriting agreement shall control.
Appears in 2 contracts
Samples: Registration Rights Agreement (Ourpets Co), Registration Rights Agreement (Ourpets Co)
Underwriting Agreement. To the extent that the provisions on indemnification and contribution contained in the underwriting agreement entered into by the Company in connection with the an underwritten public offering are in conflict with the foregoing provisionsprovisions of this Article V that relate to indemnification and contribution of underwriters, the provisions contained in the underwriting agreement shall control.
Appears in 2 contracts
Samples: Registration Rights Agreement (First Blush Brands, Inc.), Registration Rights Agreement (Afh Holding Ii, Inc.)
Underwriting Agreement. To Notwithstanding the foregoing, to the extent that the provisions on concerning indemnification and contribution contained in the underwriting agreement entered into in connection with the an underwritten public offering Public Offering are in conflict with the foregoing provisions, the provisions in the underwriting agreement shall control.
Appears in 2 contracts
Samples: Registration Rights Agreement (Tunes Com Inc), Registration Rights Agreement (Tunes Com Inc)
Underwriting Agreement. To Notwithstanding the foregoing, to the extent that the provisions on indemnification and contribution contained in the underwriting agreement entered into in connection with the underwritten public offering are in conflict with the foregoing provisionsprovisions of this Section 2.6, the provisions in the underwriting agreement shall control.
Appears in 2 contracts
Samples: Registration Rights Agreement (AutoTrader Group, Inc.), Director Nomination Agreement (AutoTrader Group, Inc.)
Underwriting Agreement. To Notwithstanding the foregoing, to the extent that the provisions on indemnification and contribution contained in the underwriting agreement entered into in connection with the an underwritten public offering are in conflict with the foregoing provisions, the provisions in the underwriting agreement shall controlcontrol and supersede the provisions hereof.
Appears in 2 contracts
Samples: Investors’ Rights Agreement (Proofpoint Inc), Investors’ Rights Agreement (Danger Inc)
Underwriting Agreement. To Notwithstanding the foregoing, to the extent that the provisions on indemnification and contribution contained in the underwriting agreement entered into in connection with the an underwritten public offering are in conflict with the foregoing provisionsprovisions of this Section 2, the provisions in the underwriting agreement shall control.
Appears in 1 contract
Samples: Warrant (Calix Networks Inc)
Underwriting Agreement. To Notwithstanding the ---------------------- foregoing, to the extent that the any provisions on relating to indemnification and or contribution contained in the underwriting agreement agreements entered into among the Company, the underwriters and any Holders in connection with the underwritten public offering are in conflict with the foregoing provisions, the provisions in such underwriting agreements shall be controlling as to the underwriting agreement shall controlRegistrable Securities included in the public offering.
Appears in 1 contract
Samples: Registration Rights Agreement (American Electromedics Corp)
Underwriting Agreement. To Notwithstanding the foregoing, to the extent that the provisions on indemnification and contribution contained in the underwriting agreement entered into in connection with the underwritten public offering are in conflict with the foregoing provisions, the provisions in the underwriting agreement shall control; provided, however, in no event shall such Holders be obligated to indemnify prospective purchasers for any matter which the Company is obligated to indemnify such purchasers under Section 1.8(a) above.
Appears in 1 contract
Samples: Investors’ Rights Agreement (Silver Spring Networks Inc)
Underwriting Agreement. To the extent that the provisions on indemnification and contribution contained in the underwriting agreement entered into in connection with the an underwritten public offering are in conflict with the foregoing provisionsprovisions of this Article VI, the provisions contained in the underwriting agreement shall control.
Appears in 1 contract
Underwriting Agreement. To Notwithstanding the foregoing, to ---------------------- the extent that the provisions on indemnification and contribution contained in the underwriting agreement entered into in connection with the underwritten public offering are in conflict with the foregoing provisionsprovisions of this Section, the provisions in the underwriting agreement shall control.
Appears in 1 contract
Underwriting Agreement. To the extent that the provisions on indemnification and contribution contained in the underwriting agreement entered into by the Company in connection with the an underwritten public offering are in conflict with the foregoing provisions, provisions of this Article VI the provisions contained in the underwriting agreement shall control.
Appears in 1 contract
Underwriting Agreement. To the extent that the provisions on indemnification and contribution contained in the underwriting agreement entered into in connection with the an underwritten public offering are in conflict with the foregoing provisions, the provisions in the underwriting agreement shall control.
Appears in 1 contract
Underwriting Agreement. To the extent that the provisions on ---------------------- indemnification and contribution contained in the any underwriting agreement entered into in connection with the an underwritten public offering are in conflict with the foregoing provisionsprovisions of this Section 6, the provisions contained in the underwriting agreement shall control.
Appears in 1 contract
Underwriting Agreement. To the extent that the provisions on indemnification and contribution contained in the underwriting agreement entered into in connection with the an underwritten public offering are in conflict with the foregoing provisionsprovisions of this Article 6, the provisions contained in the underwriting agreement shall control.
Appears in 1 contract
Samples: Form of Registration Rights Agreement (Baseline Oil & Gas Corp.)
Underwriting Agreement. To the extent that the provisions on indemnification and contribution contained in the underwriting agreement entered into in connection with the an underwritten public offering are in conflict with the foregoing provisionsprovisions of this Article V, the provisions contained in the underwriting agreement shall control.
Appears in 1 contract
