Yes but Amarex was still committing this alleged negligence after NSF bought them. Hence the email from the guy at NSF (sorry, I don't recall who he was) saying he'd look into it in an email released by Cytodyn. They wouldn't be able to indemnify themselves from ongoing misdeeds that they became aware of after the purchase of Amarex, that would make them complicit which would open them to being liable.

My company can't legally buy a cash only business that was laundering money prior to my purchase and then I just get to keep on letting them launder money after I buy them and I'm in no legal trouble because of an indemnity clause.