CORRECTED MISSTATEMENTS Sample Clauses

CORRECTED MISSTATEMENTS. If a Claim relates to a Misstatement in a preliminary prospectus that did not appear in the final prospectus, the Company shall not be liable for such Claim under this Section 9.1 to (a) the seller (or its Control Person) if the seller delivered a copy of the preliminary prospectus to the person alleging the Claim and failed to deliver a copy of the corrected final prospectus to such person, or (b) any underwriter (or its Control Person) if the underwriter delivered a copy of the preliminary prospectus to the person alleging the Claim and failed to deliver a copy of a corrected final prospectus to such person.