Exclusion of liability for a defective prospectus

(1) A claim cannot be brought under section 9 or 10 against a person who proves that they were not aware of the inaccuracy or incompleteness of the particulars in the prospectus and that their lack of awareness was not due to gross negligence.
(2) A claim under section 9 or 10 does not exist where 1. the securities were not acquired on the basis of the prospectus, 2. the matter to which the inaccurate or incomplete particulars in the prospectus relate did not contribute to a fall in the stock exchange price of the securities, 3. the acquirer was aware of the inaccuracy or incompleteness of the particulars in the prospectus at the time of acquisition, 4. before the conclusion of the acquisition transaction, a clearly presented correction of the inaccurate or incomplete particulars was published domestically as part of the issuer's annual financial statements or interim report, of a publication under Article 17 of Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (Market Abuse Regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC (OJ L 173, 12.6.2014, p. 1), as amended from time to time, or of a comparable announcement, or 5. the claim arises exclusively from particulars in the summary under Article 7 of Regulation (EU) 2017/1129, including any translations, unless a) the summary is misleading, inaccurate or inconsistent when read together with the other parts of the prospectus, or b) the summary, when read together with the other parts of the prospectus, does not contain all the key information required under Article 7(1), first subparagraph, in conjunction with paragraphs 5 to 7(a) to (d) and paragraph 8 of Regulation (EU) 2017/1129; c) in the case of the summary of an EU Follow-on Prospectus and of an EU Growth Issuance Prospectus, the completeness of the relevant information is governed by Article 7(1), first subparagraph, in conjunction with paragraph 12a, third subparagraph, point (c) of Regulation (EU) 2017/1129.