Common use of Defect Eliminated in Final Prospectus Clause in Contracts

Defect Eliminated in Final Prospectus. The foregoing indemnity agree-ments of HNC 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 or supplemented prospectus on file with the SEC and effective at the time the sale of Registrable Securities under such registration statement occurs (the "AMENDED PROSPECTUS"), such indemnity agreement shall not inure to the benefit of any person if a copy of the Amended Prospectus was furnished to the indemnified party and was not furnished to the person asserting the loss, liability, claim or damage in the action giving rise to indemnity claims under this Section 1.9, at or prior to the time such action is required by the 1933 Act.

Appears in 2 contracts

Samples: Registration Rights Agreement (HNC Software Inc/De), Registration Rights Agreement (HNC Software Inc/De)

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Defect Eliminated in Final Prospectus. The foregoing indemnity agree-ments agreements of HNC Buyer 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 or supplemented prospectus on file with the SEC and effective at the time the sale of Registrable Securities under such registration statement occurs (the "AMENDED PROSPECTUS"“Amended Prospectus”), such indemnity agreement shall not inure to the benefit of any person if a copy of the Amended Prospectus was furnished to the indemnified party and was not furnished to the person asserting the loss, liability, claim or damage in the action giving rise to indemnity claims under this Section 1.911, at or prior to the time such action is required by the 1933 Securities Act.

Appears in 1 contract

Samples: Registration Rights Agreement (Interwoven Inc)

Defect Eliminated in Final Prospectus. The foregoing indemnity agree-ments agreements of HNC 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 or supplemented prospectus on file with the SEC and effective at the time the sale of Registrable Securities under such registration statement occurs (the "AMENDED PROSPECTUS"), such indemnity agreement shall not inure to the benefit of any person if a copy of the Amended Prospectus was furnished to the indemnified party and was not furnished to the person asserting the loss, liability, claim or damage in the action giving rise to indemnity claims under this Section 1.9damage, at or prior to the time such action is required by the 1933 Act.

Appears in 1 contract

Samples: Registration Rights Agreement (HNC Software Inc/De)

Defect Eliminated in Final Prospectus. The foregoing indemnity agree-ments agreements of HNC 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 or supplemented prospectus on file with the SEC and effective at the time the sale of Registrable Securities under such registration statement occurs (the "AMENDED PROSPECTUS"), such indemnity agreement shall not inure to the benefit of any person if a copy of the Amended Prospectus was furnished to the indemnified party and was not furnished to the person asserting the loss, liability, claim or damage in the action giving rise to indemnity claims under this Section 1.9, at or prior to the time such action is required by the 1933 Securities Act.

Appears in 1 contract

Samples: Registration Rights Agreement (HNC Software Inc/De)

Defect Eliminated in Final Prospectus. The foregoing ------------------------------------- indemnity agree-ments agreements of HNC Excite@Home 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 or supplemented prospectus on file with the SEC and effective at the time the sale of Registrable Securities under such registration statement occurs (the "AMENDED PROSPECTUSAmended Prospectus"), such indemnity agreement shall not inure to the benefit of any person if a copy of the Amended Prospectus was furnished to the indemnified party and was not furnished to the person asserting the loss, liability, claim or damage in the action giving rise to indemnity claims under this Section 1.912.9, at or prior to the time such action is required by the 1933 Act.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (At Home Corp)

Defect Eliminated in Final Prospectus. The foregoing indemnity agree-ments ------------------------------------- agreements of HNC At Home 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 or supplemented prospectus on file with the SEC and effective at the time the sale of Registrable Securities under such registration statement occurs (the "AMENDED PROSPECTUSAmended Prospectus"), such indemnity agreement shall not inure to the benefit of any person if a copy of the Amended Prospectus was furnished to the indemnified party and was not furnished to the person asserting the loss, liability, claim or damage in the action giving rise to indemnity claims under this Section 1.913.9, at or prior to the time such action is required by the 1933 Act.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (At Home Corp)

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Defect Eliminated in Final Prospectus. The foregoing indemnity agree-ments agreements of HNC Parent 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 or supplemented prospectus on file with the SEC and effective at the time the sale of Registrable Securities under such registration statement occurs (the "AMENDED PROSPECTUS"“Amended Prospectus”), such indemnity agreement shall not inure to the benefit of any person if a copy of the Amended Prospectus was furnished to the indemnified party and was not furnished to the person asserting the loss, liability, claim or damage in the action giving rise to indemnity claims under this Section 1.912.9, at or prior to the time such action is required by the 1933 Securities Act.

Appears in 1 contract

Samples: Merger Agreement (Saba Software Inc)

Defect Eliminated in Final Prospectus. The foregoing indemnity agree-ments agreements of HNC Acquirer 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 or supplemented prospectus on file with the SEC and effective at the time the sale of Registrable Securities under such registration statement occurs (the "AMENDED PROSPECTUSAmended Prospectus"), such indemnity agreement shall not inure to the benefit of any person if a copy of the Amended Prospectus was furnished to the indemnified party and was not furnished to the person asserting the loss, liability, claim or damage in the action giving rise to indemnity claims under this Section 1.912.9, at or prior to the time such action is required by the 1933 Securities Act.

Appears in 1 contract

Samples: Merger Agreement (Interwoven Inc)

Defect Eliminated in Final Prospectus. The foregoing indemnity agree-ments of HNC 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 or supplemented prospectus on file with the SEC and effective at the time the sale of Registrable Securities under such registration statement occurs (the "AMENDED PROSPECTUS"), such indemnity agreement shall not inure to the benefit of any person if a copy of the Amended Prospectus was furnished to the indemnified party and was not furnished to the person asserting the loss, liability, claim or damage in the action giving rise to indemnity claims under this Section 1.9, at or prior to the time such action is required by the 1933 Securities Act.

Appears in 1 contract

Samples: Registration Rights Agreement (HNC Software Inc/De)

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