Common use of Reimbursement of Certain Expenses Clause in Contracts

Reimbursement of Certain Expenses. In addition to its other obligations under Section 9(a) of this Agreement, the Company hereby agrees to reimburse the Sales Agent on a quarterly basis for all reasonable legal and other expenses incurred in connection with investigating or defending any claim, action, investigation, inquiry or other proceeding arising out of or based upon, in whole or in part, any statement or omission or alleged statement or omission or any inaccuracy in the representations and warranties of the Company contained herein or failure of the Company to perform its obligations hereunder or under law, all as described in Section 9(a), notwithstanding the absence of a judicial determination as to the propriety and enforceability of the obligations under this Section 10 and the possibility that such payment might later be held to be improper; provided, however, that, to the extent any such payment is ultimately held to be improper, the persons receiving such payments shall promptly refund them.

Reimbursement of Certain Expenses. In addition to its other obligations under Section 9(a7(a) of this Agreement, the Company hereby agrees to reimburse the Sales Agent Underwriters on a quarterly basis for all reasonable legal and other expenses incurred in connection with investigating or defending any claim, action, investigation, inquiry or other proceeding arising out of or based upon, in whole or in part, any statement or omission or alleged statement or omission or any inaccuracy in the representations and warranties of the Company contained herein or failure of the Company to perform its obligations hereunder or under law, all as described in Section 9(a7(a), notwithstanding the absence of a judicial determination as to the propriety and enforceability of the obligations under this Section 10 8 and the possibility that such payment might later be held to be improper; provided, however, that, to the extent any such payment is ultimately held to be improper, the persons receiving such payments shall promptly refund them.

Reimbursement of Certain Expenses. In addition to its other obligations under Section 9(a) of this Agreement, the Company hereby agrees to reimburse the Sales Agent on a quarterly basis for all reasonable legal and other documented expenses incurred and in connection with investigating or defending any claim, action, investigation, inquiry or other proceeding arising out of or based upon, in whole or in part, any statement or omission or alleged statement or omission or any inaccuracy in the representations and warranties of the Company contained herein or failure of the Company to perform its obligations hereunder or under law, all as described in Section 9(a), notwithstanding the absence of a judicial determination as to the propriety and enforceability of the obligations under this Section 10 and the possibility that such payment might later be held to be improper; provided, however, that, to the extent any such payment is ultimately held to be improper, the persons receiving such payments shall promptly refund them.

Reimbursement of Certain Expenses. In addition to its other obligations under Section 9(a6(a) of this Agreement, the Company hereby agrees to reimburse the Sales Agent Underwriters on a quarterly basis for all reasonable legal and other expenses incurred in connection with investigating or defending any claim, action, investigation, inquiry or other proceeding arising out of or based upon, in whole or in part, any statement or omission or alleged statement or omission omission, or any inaccuracy in the representations and warranties of the Company contained herein or failure of the Company to perform its obligations hereunder or under law, all as described in Section 9(a6(a), notwithstanding the absence of a judicial determination as to the propriety and enforceability of the obligations under this Section 10 7 and the possibility that such payment might later be held to be improper; provided, however, that, to the extent any such payment is ultimately held to be improper, the persons receiving such payments shall promptly refund them.

Reimbursement of Certain Expenses. In addition to its other obligations under Section 9(a6(a) of this Agreement, the Company hereby agrees to reimburse the Sales Agent on a quarterly basis the Underwriters for all reasonable legal and other expenses incurred in connection with investigating or defending any claim, action, investigation, inquiry or other proceeding arising out of or based upon, in whole or in part, any statement or omission or alleged statement or omission omission, or any inaccuracy in the representations and warranties of the Company contained herein or failure of the Company to perform its obligations hereunder or under law, all as described in Section 9(a6(a), notwithstanding the absence of a judicial determination as to the propriety and enforceability of the obligations under this Section 10 7 and the possibility that such payment might later be held to be improper; provided, however, that, to the extent any such payment is ultimately held to be improper, the persons receiving such payments shall promptly refund them.

Reimbursement of Certain Expenses. In addition to its other obligations under Section 9(a) 7 of this Agreement, the Company hereby agrees to reimburse the Sales Agent Placement Agents on a quarterly basis for all reasonable legal and other expenses incurred in connection with investigating or defending any claim, action, investigation, inquiry or other proceeding arising out of or based upon, in whole or in part, any statement or omission or alleged statement or omission omission, or any inaccuracy in the representations and warranties of the Company contained herein or failure of the Company to perform its or their respective obligations hereunder or under law, all as described in Section 9(a)7, notwithstanding the absence of a judicial determination as to the propriety and enforceability of the obligations under this Section 10 8 and the possibility that such payment might later be held to be improper; provided, however, that, to the extent any such payment is ultimately held to be improper, the persons receiving such payments shall promptly refund them.

Reimbursement of Certain Expenses. In addition Subject to its other obligations under Section 9(a) 9 of this Agreement, the Company hereby agrees to reimburse the Sales Agent on a quarterly monthly basis the Underwriters for all reasonable legal and other expenses incurred in connection with investigating or defending any claim, action, investigation, inquiry or other proceeding arising out of or based upon, in whole or in part, upon any statement or omission omission, or any alleged statement or omission or any inaccuracy in the representations and warranties of the Company contained herein or failure of the Company to perform its obligations hereunder or under lawomission, all as described in Section 9(a), notwithstanding the absence of a judicial determination as to the propriety and enforceability of the obligations under this Section 10 11 and the possibility that such payment payments might later be held to be improper; provided, however, that, that (i) to the extent any such payment is ultimately held to be improper, the persons receiving such payments shall promptly refund themthem and (ii) such persons shall provide to the Company, upon request, reasonable assurances of their ability to effect any refund, when and if due.

Reimbursement of Certain Expenses. In addition to its other obligations under Section 9(a8(a) of this Agreement, the Company hereby agrees to reimburse the Sales Agent Underwriter on a quarterly basis for all reasonable legal and other expenses incurred in connection with investigating or defending any claim, action, investigation, inquiry or other proceeding arising out of or based upon, in whole or in part, any statement or omission or alleged statement or omission omission, or any inaccuracy in the representations and warranties of the Company contained herein or failure of the Company to perform its obligations hereunder or under law, all as described in Section 9(a8(a), notwithstanding the absence of a judicial determination as to the propriety and enforceability of the obligations under this Section 10 9 and the possibility that such payment might later be held to be improper; provided, however, that, to the extent any such payment is ultimately held to be improper, the persons receiving such payments shall promptly refund them.

Reimbursement of Certain Expenses. In addition to its other obligations under Section 9(a) of this Agreement, the Company hereby agrees to reimburse the Sales Agent on a quarterly basis for all reasonable reasonable, documented legal and other expenses incurred in connection with investigating or defending any claim, action, investigation, inquiry or other proceeding arising out of or based upon, in whole or in part, any statement or omission or alleged statement or omission or any inaccuracy in the representations and warranties of the Company contained herein or failure of the Company to perform its obligations hereunder or under lawomission, all as described in Section 9(a), notwithstanding the absence of a judicial determination as to the propriety and enforceability of the obligations under this Section 10 and the possibility that such payment might later be held to be improper; provided, however, that, to the extent any such payment is ultimately held to be improper, the persons receiving such payments shall promptly refund them.

Reimbursement of Certain Expenses. In addition to its other obligations under Section 9(a) of this Agreement, the Company hereby agrees to reimburse the Sales Agent on a quarterly basis for all reasonable reasonable, documented legal and other expenses incurred in connection with investigating or defending any claim, action, investigation, inquiry or other proceeding arising out of or based upon, in whole or in part, any statement or omission or alleged statement or omission or any inaccuracy in the representations and warranties of the Company contained herein or failure of the Company to perform its obligations hereunder or under law, all as described in Section 9(a), notwithstanding the absence of a judicial determination as to the propriety and enforceability of the obligations under this Section 10 and the possibility that such payment might later be held to be improper; provided, however, that, to the extent any such payment is ultimately held to be improper, the persons receiving such payments shall promptly refund them.

Reimbursement of Certain Expenses. In addition to its other obligations under Section 9(a) 6 of this Agreement, the Company hereby agrees to reimburse the Sales Placement Agent on a quarterly basis for all reasonable legal and other expenses incurred in connection with investigating or defending any claim, action, investigation, inquiry or other proceeding arising out of or based upon, in whole or in part, any statement or omission or alleged statement or omission omission, or any inaccuracy in the representations and warranties of the Company contained herein or failure of the Company to perform its or their respective obligations hereunder or under law, all as described in Section 9(a)6, notwithstanding the absence of a judicial determination as to the propriety and enforceability of the obligations under this Section 10 7 and the possibility that such payment might later be held to be improper; provided, however, that, to the extent any such payment is ultimately held to be improper, the persons receiving such payments shall promptly refund them.