Common use of Conflict with Underwriting Agreement Clause in Contracts

Conflict with Underwriting Agreement. In the event that any provision of any indemnification clause in the underwriting agreement to which the Company and the Holder are parties in connection with the registration statement or prospectus in question differs from a provision in this Section 5, such provision in the underwriting agreement shall determine the Holder's rights in respect thereof.

Conflict with Underwriting Agreement. In the event that any provision of any indemnification clause in the underwriting agreement to which the Company and the Holder are parties in connection with the registration statement or prospectus in question differs from a provision in this Section 5, such provision in the underwriting agreement shall determine the Holder's rights visa via the Underwriter in respect thereof. Notwithstanding the foregoing, the provisions of Section 5 hereof shall control with respect to the rights of the Company and the Holder with regards to this Agreement or the underwriting agreement.