Common use of Defect Eliminated in Final Prospectus Clause in Contracts

Defect Eliminated in Final Prospectus. The foregoing indemnity agreements of Cellegy and the Holders are subject to the condition that, insofar as they relate to any Violation made in a preliminary prospectus but eliminated or remedied in the amended prospectus on file with the Commission at the time the registration statement in question becomes effective or in the amended prospectus filed with the Commission pursuant to Rule 424(b) of the Commission (the “Final Prospectus”), such indemnity agreements shall not inure to the benefit of any person if a copy of the Final Prospectus was furnished in a timely manner to the indemnified party and was not furnished to the person asserting the loss, liability, claim or damage at or prior to the time such action is required by the 1933 Act.

Defect Eliminated in Final Prospectus. The foregoing indemnity ------------------------------------- agreements of Cellegy the Company and the Holders are subject to the condition that, insofar as they relate to any Violation made in a preliminary prospectus but eliminated or remedied in the amended prospectus on file with the Commission SEC at the time the registration statement in question becomes effective or in the amended prospectus filed with the Commission SEC pursuant to SEC Rule 424(b) of the Commission (the “"Final Prospectus”"), such indemnity agreements agreement ---------------- shall not inure to the benefit of any person if a copy of the Final Prospectus was timely furnished in a timely manner to the indemnified party and was not furnished to the person asserting the loss, liability, claim or damage at or prior to the time such action is required by the 1933 Securities Act.

Defect Eliminated in Final Prospectus. The foregoing ------------------------------------- indemnity agreements of Cellegy the Company and the Holders Holder are subject to the condition that, insofar as they relate to any Violation made in a preliminary prospectus but eliminated or remedied in the amended prospectus on file with the Commission at the time the registration statement in question becomes effective or in the amended prospectus filed with the Commission pursuant to Rule 424(b) of the Commission (the “"Final Prospectus”"), such indemnity agreements shall not inure to the benefit of any person if a copy of the Final Prospectus was furnished in a timely manner to the indemnified party and was not furnished to the person asserting the loss, liability, claim or damage at or prior to the time such action is required by the 1933 Act.

Defect Eliminated in Final Prospectus. The foregoing ------------------------------------- indemnity agreements of Cellegy the Company and the Holders are subject to the condition that, insofar as they relate to any Violation made in a preliminary prospectus but which Violation is eliminated or remedied in the amended prospectus on file with the Commission SEC at the time the registration statement in question becomes effective or in the amended prospectus filed with the Commission SEC pursuant to SEC Rule 424(b) of the Commission (the “"Final Prospectus”), such indemnity agreements agreement shall not inure to the ---------------- benefit of any person if a copy of the Final Prospectus was furnished in a timely manner to the indemnified party and was not furnished to the person asserting the loss, liability, claim or damage at or prior to the time such action is required by the 1933 Securities Act.

Defect Eliminated in Final Prospectus. The foregoing indemnity agreements of Cellegy the Company and the Holders Holder are subject to the condition that, insofar as they relate to any Violation made in a preliminary prospectus but eliminated or remedied in the amended prospectus on file with the Commission at the time the registration statement in question becomes effective or in the amended prospectus filed with the Commission pursuant to Rule 424(b) of the Commission Securities Act (the “Final Prospectus”), such indemnity agreements shall not inure to the benefit of any person if a copy of the Final Prospectus was furnished in a timely manner to the indemnified party and was not furnished to the person asserting the loss, liability, claim or damage at or prior to the time such action is required by the 1933 Securities Act.