Defect Eliminated in Final Prospectus. The foregoing indemnity agreements of the Company and the Holder are subject to the condition that, insofar as they relate to any Violation made in a prospectus but eliminated or remedied in an amended prospectus or a prospectus supplement on file with 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.
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Samples: Common Stock Purchase Agreement (Salix Pharmaceuticals LTD), Common Stock Purchase Agreement (Travelzoo Inc)
Defect Eliminated in Final Prospectus. The foregoing ------------------------------------- indemnity agreements of the Company and the Holder are subject to the condition that, insofar as they relate to any Violation made in a prospectus but eliminated or remedied in an amended prospectus or a prospectus supplement on file with 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.
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Samples: Common Stock Purchase Agreement (Salix Pharmaceuticals LTD)
Defect Eliminated in Final Prospectus. The foregoing indemnity agreements of the Company Purchaser and the Holder Holders are subject to the condition that, insofar as they relate to any Violation made in a prospectus but eliminated or remedied in a free-writing prospectus, an amended prospectus or a prospectus supplement on file with the Commission SEC (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 Securities Act.
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