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 Investor 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 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 the Company and the Investor 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 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 the Company and the Investor 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 Prospectus on file with the SEC Commission at the time the registration statement in question becomes effective or in the amended prospectus 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 the Company and the Investor 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 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 ----- 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 the Company and the Investor 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 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 ----- 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 the Company and the Investor 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 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.