Common use of Defect Eliminated in Final Prospectus Clause in Contracts

Defect Eliminated in Final Prospectus. The foregoing indemnity agreements of the Company and Holders are subject to the limitation 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 SEC at the time the registration statement in question becomes effective or in the amended prospectus filed with the SEC pursuant to SEC Rule 424(b) (the "FINAL PROSPECTUS"), such indemnity agreements shall not inure to the benefit of a selling Holder (or any officer or director of a selling Holder or any such agent, underwriter or controlling Person of a Holder) if a copy of the Final Prospectus was timely 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 1933 Act; provided, however, that this subparagraph (d) shall not apply with respect to any underwritten offering.

Defect Eliminated in Final Prospectus. The foregoing indemnity agreements of the Company Detective and Holders are subject to the limitation 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 SEC at the time the registration statement in question becomes effective or in the amended prospectus filed with the SEC pursuant to SEC Rule 424(b) (the "FINAL PROSPECTUS"), such indemnity agreements shall not inure to the benefit of a selling Holder (or any officer or director of a selling Holder or any such agent, underwriter or controlling Person of a Holder) if a copy of the Final Prospectus was timely 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 1933 Securities Act; providedPROVIDED, howeverHOWEVER, that this subparagraph (d) shall not apply with respect to any underwritten offering.

Defect Eliminated in Final Prospectus. The foregoing indemnity agreements of the Company and Holders are subject to the limitation 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 SEC at the time the registration statement in question becomes effective or in the amended prospectus filed with the SEC pursuant to SEC Rule 424(b) (the "FINAL PROSPECTUSFinal Prospectus"), such indemnity agreements shall not inure to the benefit of a selling Holder (or any officer or director of a selling Holder or any such agent, underwriter or controlling Person of a Holder) if a copy of the Final Prospectus was timely 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 1933 Act; provided, however, that this subparagraph (d) shall not apply with respect to any underwritten offering.

Defect Eliminated in Final Prospectus. The foregoing indemnity agreements of the Company and Holders iTurf are subject to the limitation 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 SEC at the time the registration statement in question becomes effective or in the amended prospectus filed with the SEC pursuant to SEC Rule 424(b) (the "FINAL PROSPECTUSFinal Prospectus"), such indemnity agreements shall not inure to the benefit of a selling Holder iTurf (or any officer or director of a selling Holder iTurf or any such agent, underwriter or controlling Person of a HolderiTurf) if a copy of the Final Prospectus was timely 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 1933 Act; provided, however, that this subparagraph (d) shall not apply with respect to any underwritten offering.