Common use of Defect Eliminated in Final Prospectus Clause in Contracts

Defect Eliminated in Final Prospectus. The foregoing indemnity agreements of BDE and M. Toibb are subject to the condition that, insofar as they relatx xx xxx Violation made in a preliminary prospectus but eliminated or remedied in the amended prospectus on file with the SEC at the time the registration statement in question becomes effective or the amended prospectus filed with the SEC pursuant to SEC Rule 424(b) (the "FINAL PROSPECTUS"), such indemnity agreement shall not inure to the benefit of any person if a copy of the Final Prospectus was furnished 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 Securities Act.

Defect Eliminated in Final Prospectus. The foregoing indemnity agreements of BDE LBI and M. Toibb the holders of Registrable Securities are subject to the condition that, insofar as they relatx xx xxx relate to any Violation made in a preliminary prospectus but eliminated or remedied in the amended prospectus on file with the SEC at the time the registration statement in question becomes effective or the amended prospectus filed with the SEC pursuant to SEC Rule 424(b) (the "FINAL PROSPECTUS"), such indemnity agreement shall not inure to the benefit of any person or entity if a copy of the Final Prospectus was furnished to the indemnified party and was not furnished to the person or entity asserting the loss, liabilityclaim, claim damage or damage liability at or prior to the time such action is required by the Securities 1933 Act.

Defect Eliminated in Final Prospectus. The foregoing indemnity agreements of BDE the Company and M. Toibb are the Holder is subject to the condition that, insofar as they relatx xx xxx relate to any Violation made in a preliminary prospectus but eliminated or remedied in the amended prospectus on file with the SEC Commission at the time the registration statement in question becomes effective or in the amended prospectus filed with the SEC Commission pursuant to SEC Rule 424(b) of the Commission (the "FINAL PROSPECTUS"), such indemnity agreement 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 Securities Act.

Defect Eliminated in Final Prospectus. The foregoing indemnity agreements of BDE the Company and M. Toibb Holders are subject to the condition that, insofar as they relatx xx xxx relate to any Violation made in a preliminary prospectus but eliminated or remedied in the amended prospectus on file with the SEC Commission at the time the registration statement Registration Statement in question becomes effective or the amended prospectus filed with the SEC Commission pursuant to SEC Commission Rule 424(b) (the "FINAL PROSPECTUSFinal Prospectus"), such indemnity agreement shall not inure to the benefit of any person if a copy of the Final Prospectus (i) was furnished to the indemnified party and (ii) 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 Securities 1933 Act.

Defect Eliminated in Final Prospectus. The foregoing indemnity agreements of BDE the Company and M. Toibb the Purchaser are subject to the condition that, insofar as they relatx xx xxx relate to any Violation made in a preliminary prospectus but eliminated or remedied in the amended prospectus on file with the SEC at the time the registration statement in question Registration Statement becomes effective or the amended prospectus filed with the SEC pursuant to SEC Rule 424(b) under the Securities Act (the "FINAL PROSPECTUSFinal Prospectus"), such indemnity agreement shall not inure to the benefit of any person if a copy of the Final Prospectus was furnished 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 Securities Act.

Defect Eliminated in Final Prospectus. The foregoing indemnity agreements of BDE the Company and M. Toibb Holders are subject to the condition that, insofar as they relatx xx xxx relate to any Violation made in a preliminary prospectus but eliminated or remedied in the amended prospectus on file with the SEC Commission at the time the registration statement in question becomes effective or the amended prospectus filed with the SEC Commission pursuant to SEC Commission Rule 424(b) (the "FINAL PROSPECTUS"), such indemnity agreement shall not inure to the benefit of any person if a copy of the Final Prospectus (i) was furnished to the indemnified party and (ii) 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 Securities Act.

Defect Eliminated in Final Prospectus. The foregoing indemnity agreements of BDE SportsLine and M. Toibb Holders are subject to the condition that, insofar as they relatx xx xxx relate to any Violation made in a preliminary prospectus but eliminated or remedied in the amended prospectus on file with the SEC at the time the registration statement in question becomes effective or the amended prospectus filed with the SEC pursuant to SEC Rule 424(b) promulgated under the Securities Act (the "FINAL PROSPECTUSFinal Prospectus"), such indemnity agreement shall not inure to the benefit of any person if a copy of the Final Prospectus was furnished 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 Securities Act.

Defect Eliminated in Final Prospectus. The foregoing ------------------------------------- indemnity agreements of BDE the Company and M. Toibb the Shareholders are subject to the condition that, insofar as they relatx xx xxx relate to any Violation made in a preliminary prospectus but eliminated or remedied in the amended prospectus on file with the SEC Commission at the time the registration statement in question becomes effective or the amended prospectus filed with the SEC Commission pursuant to SEC Rule 424(b) of the Securities Act (the "FINAL PROSPECTUSFinal Prospectus"), such indemnity agreement shall not inure to the benefit of any person if a copy of the Final Prospectus was furnished 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 Securities Act.