Common use of Defect Eliminated in Final Prospectus Clause in Contracts

Defect Eliminated in Final Prospectus. The foregoing indemnity agreement of the Holders is subject to the conditions that, insofar as it relates to: (i) any Violation made in a prospectus in which the Company is selling securities; and (ii) 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 the Company if a copy of the Final Prospectus was furnished to the Holders and was not furnished by the Company 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 agreement of the Holders is subject to the conditions that, insofar as it relates to: (i) any Violation made in a prospectus in which the Company is selling securities; and (ii) 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 is filed with the SEC pursuant to SEC Rule 424(b) (the "Final Prospectus"), such indemnity agreement shall not inure to the benefit of the Company if a copy of the Final Prospectus was furnished to the Holders and was not furnished by the Company 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 agreement of the Holders is subject to the conditions that, insofar as it relates to: (i) any Violation made in a prospectus in which the Company is selling securities; and (ii) 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 ProspectusFINAL PROSPECTUS"), such indemnity agreement shall not inure to the benefit of the Company if a copy of the Final Prospectus was furnished to the Holders and was not furnished by the Company to the person asserting the loss, liability, claim or damage at or prior to the time such action is required by the Securities Act.