Common use of Prior Sales Clause in Contracts

Prior Sales. Notwithstanding anything contained herein, this Amendment shall not have any effect on offerings or sales of Shares prior to the Effective Date or on the terms of the Agreement, and the rights and obligations of the parties thereunder, insofar as they relate to such offerings or sales, including, without limitation, the representations, warranties and agreements (including the indemnification and contribution provisions), as well as the definitions of “Registration Statement” and “Prospectus Supplement,” contained in the Agreement prior to the Effective Date.

Prior Sales. Notwithstanding anything contained herein, this Amendment shall not have any effect on offerings or sales of Shares Securities prior to the Effective Date or on the terms of the Distribution Agreement, and the rights and obligations of the parties thereunder, insofar as they relate to such offerings or sales, including, without limitation, the representations, warranties and agreements (including the indemnification and contribution provisions), as well as the definitions of “Registration Statement” and “Prospectus Supplement,” contained in the Distribution Agreement prior to the Effective Date.

Prior Sales. Notwithstanding anything contained herein, this Amendment shall not have any effect on offerings or sales of Shares Securities prior to the Effective Date or on the terms of the Distribution Agreement, and the rights and obligations of the parties thereunder, insofar as they relate to such offerings or sales, including, without limitation, the representations, warranties and agreements (including the indemnification and contribution provisions), as well as the definitions of “Registration Statement,” “Prospectus Supplement” “Sales Agent,” “Forward Seller” and “Prospectus Supplement,Forward Purchaser” contained in the Distribution Agreement prior to the Effective Date.