EFTA01143418Set 9
2012-09-1056p15,098w
which the
registration relates.
(h) "Indemnified Party" shall have the meaning set forth in Section 2.6(c)
hereof.
(i) "Indemnifying Party" shall have the meaning set forth in Section 2.6 ... controls any such underwriter; and provided further that, the
indemnity agreement contained in this Section 2.6(a) shall not apply to amounts paid in
settlement of any such loss, claim ... unreasonably withheld); and provided, further, that in no event shall
any indemnity under this Section 2.6 exceed the net proceeds from the offering received by such
Holder.
(c) Each party
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except that if a certificate is specifically required by the terms of this Section 2.6
to be provided to the Trustee by a prospective transferor or transferee, the Trustee shall ... determine whether it conforms substantially on its face
to the applicable requirements of this Section 2.6. The Trustee shall be entitled to rely
conclusively on any Transferee Certificate, and shall ... part, shall
only be made in accordance with Section 2.2(b) and this Section 2.6(f).
(i) Subject to clauses (ii), (iii), (v) and (vi) of this Section 2.6
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except that if a certificate is specifically required by the terms of this Section 2.6
to be provided to the Trustee by a prospective transferor or transferee, the Trustee shall ... determine whether it conforms substantially on its face
to the applicable requirements of this Section 2.6. The Trustee shall be entitled to rely
conclusively on any Transferee Certificate, and shall ... part, shall
only be made in accordance with Section 2.2(b) and this Section 2.6(f).
(i) Subject to clauses (ii), (iii), (v) and (vi) of this Section 2.6
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EFTA00012111Set 8
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Section 2.3 Maintenance
Section 2.4 Replacement of Parts
Section 2.5 Alterations, Modifications and Additions
Section 2.6 Maintenance of Other Engines
Section 2.7 Payment of Obligations
Section 2.8 Change of Name ... above provided, such Part will be released from the Lien of this Agreement.
Section 2.6 Maintenance of Other Engines. Each engine which does not constitute an Engine, but which
https://www.justice.gov/epstein/files/DataSet%208/EFTA00012111.pdf
EFTA00589123Set 9
2013-11-0449p13,554w
Selling Holder Counsel borne and paid by the Company as provided in Section 2.6.
1.28 "Series A Preferred Stock" means shares of the Company's A Seed
Preferred Stock ... registration expenses therefor, and forfeit their right to one demand
registration statement pursuant to Section 2.6, in which case such withdrawn registration
statement shall be counted as "effected" for purposes ... Expenses) of such withdrawn
registration shall be borne by the Company in accordance with Section 2.6.
2.3 Underwriting Requirements.
(a) If, pursuant to Section 2.1, the Initiating Holders intend
https://www.justice.gov/epstein/files/DataSet%209/EFTA00589123.pdf
accordance
with Section 2.10, record the transfer in the Register in accordance with Section
2.6(a) and instruct DTC to increase the principal amount of the corresponding
Regulation S Global ... instructions
received pursuant to clause (A) above. Notwithstanding anything else in this
Section 2.6(gXii), prior to the Exchange Date a Certificated Note may only be
exchanged or transferred ... accordance with Section 2.10, record the exchange in the
Register in accordance with Section 2.6(a) and upon execution by the Applicable
Issuers authenticate and deliver one or more Certificated
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01365665.pdf