Earthlink 2000 Annual Report Download - page 123

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be entitled to contribution from any Person who was not guilty of such fraudulent misrepresentation.
Section 9.5. The obligations under this Article 9 shall survive the completion of any offering of Registrable Securities in a Registration
Statement pursuant to this Agreement, and otherwise.
Section 9.6. Notwithstanding the foregoing provisions of this Article 9, to the extent that the provisions regarding indemnification and
contribution contained in the underwriting agreement entered into in connection with any underwritten public offering contemplated by this
Agreement are in conflict with the foregoing provisions, the provisions in such underwriting agreement shall be controlling, provided that each
Holder, each Person, if any, who controls such Holder (within the meaning of the Securities Act or the Exchange Act) and their respective
directors, officers, employees and agents receive protection at least as extensively and are subject to obligations that are no more extensive,
than those set forth in this Article 9.
ARTICLE 10.
REPORTS UNDER EXCHANGE ACT
With a view to making available to the Holders the benefits of Rule 144 and any other rule or regulation of the SEC that may at any time permit
a Holder to sell securities of the Company to the public without registration, the Company agrees that so long as the Company is subject to the
reporting requirements of the Exchange Act, to:
(i) Make and keep public information available, as those terms are understood and defined in Rule 144;
(ii) File with the SEC in a timely manner all reports and other documents required of the Company under the Securities Act and the Exchange
Act; and
(iii) Furnish to any Holder, so long as the Holder owns any Registrable Securities, upon request (a) a written statement by the Company as to
its compliance with the reporting requirements of Rule 144, the Securities Act and the Exchange Act, (b) a copy of the most recent annual or
quarterly report of the Company and such other reports and documents so filed by the Company, and (c) such other information as may be
reasonably requested in availing any Holder of any rule or regulation of the SEC which permits the selling of any such securities without
registration or pursuant to such form.
ARTICLE 11.
ASSIGNMENT OF REGISTRATION RIGHTS
The Holders' rights pursuant to this Agreement may not be assigned or transferred by any Holder without the consent of the Company,
PROVIDED, that (i) such consent is not required for assignments or transfers to Affiliates of Sprint or any transfer pursuant to any merger or
sale of
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