Common use of Defect Eliminated in Final Prospectus Clause in Contracts

Defect Eliminated in Final Prospectus. The foregoing indemnity agreements of the Company and the Holder is 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 Act.

Appears in 1 contract

Samples: Registration Rights Agreement (Primedia Inc)

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Defect Eliminated in Final Prospectus. The foregoing indemnity agreements of the Company BDE and the Holder is M. Toibb are subject to the condition that, insofar as they relate to any relatx xx xxx 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 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.

Appears in 1 contract

Samples: Settlement Agreement (Brilliant Digital Entertainment Inc)

Defect Eliminated in Final Prospectus. The foregoing indemnity agreements of the Company LBI and the Holder is holders of Registrable Securities 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 or entity if a copy of the Final Prospectus was furnished in a timely manner 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 1933 Act.

Appears in 1 contract

Samples: Registration Rights Agreement (Liberte Investors Inc)

Defect Eliminated in Final Prospectus. The foregoing indemnity agreements of the Company and the Holder is 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 Commission 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 (i) was furnished in a timely manner 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.

Appears in 1 contract

Samples: Investor Rights Agreement (Acacia Research Corp)

Defect Eliminated in Final Prospectus. The foregoing indemnity agreements of the Company Acquirer and the Holder is such Holders are subject to the condition that, insofar as they relate to any Violation made in a preliminary prospectus Prospectus but eliminated or remedied in the amended prospectus Prospectus on file with the Commission SEC at the time the registration statement in question Registration Statement becomes effective or in the amended prospectus Prospectus filed with the Commission SEC pursuant to SEC 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.

Appears in 1 contract

Samples: Registration Rights Agreement (Integrated Systems Inc)

Defect Eliminated in Final Prospectus. The foregoing ------------------------------------- indemnity agreements of the Company and the Holder is Shareholders 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 PROSPECTUSFinal 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 Securities Act.

Appears in 1 contract

Samples: Registration Rights Agreement (Analytical Graphics Inc)

Defect Eliminated in Final Prospectus. The foregoing indemnity agreements of the Company and the Holder is Purchaser 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 Registration Statement becomes effective or in the amended prospectus filed with the Commission SEC pursuant to Rule 424(b) of under the Commission Securities Act (the "FINAL PROSPECTUSFinal 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 Securities Act.

Appears in 1 contract

Samples: Registration Rights Agreement (DSP Group Inc /De/)

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Defect Eliminated in Final Prospectus. The foregoing indemnity agreements of the Company and the Holder is 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 Registration Statement in question becomes effective or in the amended prospectus filed with the Commission pursuant to Commission Rule 424(b) of the Commission (the "FINAL PROSPECTUSFinal Prospectus"), such indemnity agreements agreement shall not inure to the benefit of any person if a copy of the Final Prospectus (i) was furnished in a timely manner 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 1933 Act.

Appears in 1 contract

Samples: Subscription Agreement (Aurora Gold Corp)

Defect Eliminated in Final Prospectus. The foregoing indemnity agreements \agreements of the Company and the Holder is 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 Securities Act.

Appears in 1 contract

Samples: Stock Purchase and Investors Rights Agreement (Picturetel Corp)

Defect Eliminated in Final Prospectus. The foregoing indemnity agreements of the Company SportsLine and the Holder is 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 Rule 424(b) of promulgated under the Commission Securities Act (the "FINAL PROSPECTUSFinal 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 Securities Act.

Appears in 1 contract

Samples: Merger Agreement (Sportsline Usa Inc)

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