Common use of Use of Offering Documents Upon Notice of Defects Clause in Contracts

Use of Offering Documents Upon Notice of Defects. The Selling ------------------------------------------------ Stockholders each agree, and shall cause underwriter(s), if any, acting on its behalf to agree, that upon receipt of any notice from the Company of the happening of any event of the kind described in Paragraph 6(f), it will immediately discontinue the use of the Offering Documents covering such Common Stock until the receipt by any Selling Stockholder and any such underwriter(s) of the copies of the supplemented or amended Offering Documents contemplated by such clause and, if so directed by the Company, any Selling Stockholder will deliver and cause each underwriter, if any, to deliver to the Company all copies, other than permanent file copies then in the possession of the Selling Stockholder or any such underwriter, of the Offering Documents covering such Common Stock at the time of receipt of such notice. If the Company shall give any such notice, the period mentioned in Paragraph 6(b) shall be extended by the number of days during which offerings were suspended (i.e., the period from and including the date of the receipt of such notice pursuant to Paragraph 6(f), to and including the date when the Selling Stockholder shall have received the copies of the supplemented or amended Offering Documents contemplated by such clause).

Use of Offering Documents Upon Notice of Defects. The Selling ------------------------------------------------ Stockholders each agreeStockholder agrees, and shall cause underwriter(s), if any, acting on its behalf to agree, that upon receipt of any notice from the Company of the happening of any event of the kind described in Paragraph 6(f5(h), it will immediately discontinue the use of the Offering Documents covering such Common Stock the FMAX Shares until the receipt by any the Selling Stockholder and any such underwriter(s) of the copies of the supplemented or amended Offering Documents contemplated by such clause (which copies shall be provided by the Company as soon as possible) and, if so directed by the Company, any the Selling Stockholder will deliver and cause each underwriter, if any, to deliver to the Company all copies, other than permanent file copies then in the possession of the Selling Stockholder or any such underwriter, of the Offering Documents covering such Common Stock the FMAX Shares at the time of receipt of such notice. If the Company shall give any such notice, the period mentioned in Paragraph 6(b1(b)(ii) shall be extended by the number of days during which offerings were suspended (i.e., the period from and including the date of the receipt of such notice pursuant to Paragraph 6(f5(h), to and including the date when the Selling Stockholder shall have received the copies of the supplemented or amended Offering Documents contemplated by such clause).

Use of Offering Documents Upon Notice of Defects. The Selling Each Holder agrees, ------------------------------------------------ Stockholders each agree, and shall cause underwriter(s), if any, acting on its behalf to agree, that upon receipt of any notice from the Company of the happening of any event of the kind described in Paragraph 6(f5(g), it will immediately discontinue the use of the Offering Documents covering such Common Stock until the receipt by any Selling Stockholder the Holders and any such underwriter(s) of the copies of the supplemented or amended Offering Documents contemplated by such clause and, if so directed by the Company, any Selling Stockholder the Holders will deliver and cause each underwriter, if any, to deliver to the Company all copies, other than permanent file copies then in the possession of the Selling Stockholder Holders or any such underwriter, of the Offering Documents covering such Common Stock at the time of receipt of such notice. If the Company shall give any such notice, the period mentioned in Paragraph 6(b5(b) shall be extended by the number of days during which offerings were suspended (i.e., the period from and including the date of the receipt of such notice pursuant to Paragraph 6(f5(g), to and including the date when the Selling Stockholder Holders shall have received the copies of the supplemented or amended Offering Documents contemplated by such clause).