Common use of Availability of Earnings Statements Clause in Contracts

Availability of Earnings Statements. The Company shall make generally available to holders of its securities as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 of the Rules and Regulations, an earnings statement (which need not be audited but shall be in reasonable detail) for a period of twelve (12) months ended commencing after the effective date, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations).

Appears in 35 contracts

Samples: Underwriting Agreement (Medicus Pharma Ltd.), Underwriting Agreement (Chromocell Therapeutics Corp), Underwriting Agreement (Chromocell Therapeutics Corp)

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Availability of Earnings Statements. The Company shall make generally available to holders of its securities as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 of the Rules and Regulations, an earnings statement (which need not be audited but shall be in reasonable detail) for a period of twelve (12) 12 months ended commencing after the effective datedate of the Registration Statement, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations).

Appears in 13 contracts

Samples: Underwriting Agreement (Ivanhoe Electric Inc.), Underwriting Agreement (Gamida Cell Ltd.), Underwriting Agreement (Gamida Cell Ltd.)

Availability of Earnings Statements. The Company shall make generally available to holders of its securities and the Agents as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date of the Registration Statement occurs in accordance with Rule 158 of the Rules and Regulations, an earnings statement (which need not be audited but shall be in reasonable detail) for a covering the period of twelve (12) 12 months ended commencing after the such effective date, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations).

Appears in 12 contracts

Samples: Equity Distribution Agreement (First Majestic Silver Corp), Equity Distribution Agreement (First Majestic Silver Corp), Equity Distribution Agreement (First Majestic Silver Corp)

Availability of Earnings Statements. The Company shall make generally available to holders of its securities as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 of the Rules and Regulations, an earnings statement (which need not be audited but shall be in reasonable detail) for covering a period of twelve (12) months ended commencing after the effective date, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations).

Appears in 10 contracts

Samples: Underwriting Agreement (Founder Group LTD), Underwriting Agreement (La Rosa Holdings Corp.), Underwriting Agreement (La Rosa Holdings Corp.)

Availability of Earnings Statements. The Company shall make generally available to holders of its securities as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 of the Rules and Regulations, an earnings statement (which need not be audited but shall be in reasonable detail) for a period of twelve (12) 12 months ended commencing after the effective datedate of the Registration Statement, and satisfying the provisions of Rule 158(a) under Section 11(a) of the Act (including Rule 158 of the Rules and Regulations)Act.

Appears in 10 contracts

Samples: Underwriting Agreement (G&P Acquisition Corp.), Underwriting Agreement (G&P Acquisition Corp.), Underwriting Agreement (G&P Acquisition Corp.)

Availability of Earnings Statements. The Company shall make generally available to holders of its securities as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 of the Rules and Regulations, Regulations an earnings statement (which need not be audited but shall be in reasonable detail) for a period of twelve (12) 12 months ended commencing after the effective date, and satisfying the provisions of Section 11(a) of the Securities Act (including Rule 158 of the Rules and Regulations).

Appears in 8 contracts

Samples: Underwriting Agreement (American Finance Trust, Inc), Underwriting Agreement (American Finance Trust, Inc), Underwriting Agreement (American Finance Trust, Inc)

Availability of Earnings Statements. The Company shall make generally available to holders of its securities as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 of the Rules and Regulations, an earnings statement (which need not be audited but shall be in reasonable detail) for a period of twelve (12) 12 months ended commencing after the effective date, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations).

Appears in 8 contracts

Samples: Underwriting Agreement (Benitec Biopharma LTD/ADR), Underwriting Agreement (Benitec Biopharma LTD/ADR), Underwriting Agreement (Conifer Holdings, Inc.)

Availability of Earnings Statements. The Company shall make generally available to holders of its securities as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 of the Rules and Regulations, an earnings statement (which need not be audited but shall be in reasonable detail) for covering a period of twelve (12) months ended commencing after the effective date, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations).

Appears in 7 contracts

Samples: Underwriting Agreement (SolarJuice Co., Ltd.), Underwriting Agreement (Yield10 Bioscience, Inc.), Underwriting Agreement (SolarJuice Co., Ltd.)

Availability of Earnings Statements. The Company shall make generally available to holders of its securities as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 of the Rules and Regulations, an earnings statement (which need not be audited but shall be in reasonable detail) for a period of twelve (12) 12 months ended commencing after the effective date, and satisfying the provisions of Section 11(a) of the Securities Act (including Rule 158 of the Rules and Regulations).

Appears in 6 contracts

Samples: Underwriting Agreement (Umh Properties, Inc.), Underwriting Agreement (Umh Properties, Inc.), Underwriting Agreement (Umh Properties, Inc.)

Availability of Earnings Statements. The Company shall make generally available to holders of its securities and each Agent as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 of the Rules and Regulationshereof, an earnings statement (which need not be audited but shall be in reasonable detail) for a covering the period of twelve (12) 12 months ended commencing after the effective datedate hereof, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations).

Appears in 6 contracts

Samples: Terms Agreement (Coeur Mining, Inc.), Terms Agreement (Coeur Mining, Inc.), Terms Agreement (Coeur Mining, Inc.)

Availability of Earnings Statements. The Company shall make generally available to holders of its securities as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 of the Rules and Regulations, an earnings statement (which need not be audited but shall be in reasonable detail) for a period of twelve (12) 12 months ended commencing after the effective datedate hereof, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations).

Appears in 6 contracts

Samples: Underwriting Agreement (NGAS Resources Inc), Underwriting Agreement (NGAS Resources Inc), Placement Agent Agreement (Raptor Pharmaceutical Corp)

Availability of Earnings Statements. The Company shall make generally available to holders of its securities as soon as may be practicable but in no event later than the last day of the fifteenth (15th) 15th full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 of the Rules and Regulations, an earnings statement (which need not be audited but shall be in reasonable detail) for a period of twelve (12) 12 months ended commencing after the effective date, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations).

Appears in 5 contracts

Samples: Underwriting Agreement (Unusual Machines, Inc.), Underwriting Agreement (Nexalin Technology, Inc.), Underwriting Agreement (Nexalin Technology, Inc.)

Availability of Earnings Statements. The Company shall make generally available to holders of its securities and the Agents as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date of the Registration Statement occurs in accordance with Rule 158 of the Rules and Regulations, an earnings statement (which need not be audited but shall be in reasonable detail) for covering a period of twelve (12) months ended commencing after the effective date12 months, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations).

Appears in 5 contracts

Samples: Equity Distribution Agreement (NexGen Energy Ltd.), Equity Distribution Agreement (NexGen Energy Ltd.), Equity Distribution Agreement (SolarBank Corp)

Availability of Earnings Statements. The Company shall make generally available to holders of its securities and the Sales Agent as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date of the Registration Statement occurs in accordance with Rule 158 of the Rules and Regulations, an earnings statement (which need not be audited but shall be in reasonable detail) for a covering the period of twelve (12) 12 months ended commencing after the such effective date, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations).

Appears in 4 contracts

Samples: Terms Agreement (FSD Pharma Inc.), Terms Agreement (FSD Pharma Inc.), sedar-filings-backup.thecse.com

Availability of Earnings Statements. The Company shall make generally available to holders of its securities and the Agents as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 of the Rules and Regulationshereof, an earnings statement (which need not be audited but shall be in reasonable detail) for a covering the period of twelve (12) 12 months ended commencing after the effective datedate hereof, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations).

Appears in 4 contracts

Samples: Terms Agreement (Monmouth Real Estate Investment Corp), Terms Agreement (American Finance Trust, Inc), Terms Agreement (American Finance Trust, Inc)

Availability of Earnings Statements. The Company shall make generally available to holders of its securities securities, as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 of the Rules and Regulations, an earnings statement (which need not be audited but shall be in reasonable detail) for a period of twelve (12) 12 months ended commencing after the effective date, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations).

Appears in 3 contracts

Samples: Underwriting Agreement (Bioheart, Inc.), Underwriting Agreement (Bioheart, Inc.), Underwriting Agreement (Bioheart, Inc.)

Availability of Earnings Statements. The Company shall make generally available to holders of its securities and the Sales Agents as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 end of the Rules and RegulationsCompany’s current fiscal quarter, an earnings statement (which need not be audited but shall be in reasonable detail) for covering a 12-month period of twelve (12) months ended commencing after the effective date, and satisfying that satisfies the provisions of Section 11(a) of the Act (including and Rule 158 of the Rules and Regulations)Securities Act.

Appears in 2 contracts

Samples: Rights Agreement (Sun Communities Inc), Sales Agreement (Sun Communities Inc)

Availability of Earnings Statements. The Company shall make generally available to holders of its securities as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 of the Rules and Regulations, an earnings statement (which need not be audited but shall be in reasonable detail) for a period of twelve (12) 12 months ended commencing after the effective datedate of the Registration Statement, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations).

Appears in 2 contracts

Samples: Underwriting Agreement (LiveXLive Media, Inc.), Underwriting Agreement (LiveXLive Media, Inc.)

Availability of Earnings Statements. The Company shall make generally available to holders of its securities as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 of the Rules and Regulations, an earnings statement (which need not be audited but shall be in reasonable detail) for a period of twelve (12) 12 months ended commencing after the effective date, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations); provided, that the Company will be deemed to comply with such requirement by including such earning statements in reports filed with the Commission on EXXXX.

Appears in 2 contracts

Samples: Underwriting Agreement (Medirom Healthcare Technologies Inc.), Underwriting Agreement (Medirom Healthcare Technologies Inc.)

Availability of Earnings Statements. The Company shall make generally available to holders of its securities as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 of the Rules and Regulations, an earnings statement (which need not be audited but shall be in reasonable detail) for a period of twelve (12) 12 months ended commencing after the effective date, and satisfying the provisions of Section 11(a) of the Securities Act (including Rule 158 of the Rules and Regulations).

Appears in 2 contracts

Samples: Underwriting Agreement (Monmouth Real Estate Investment Corp), Underwriting Agreement (Monmouth Real Estate Investment Corp)

Availability of Earnings Statements. The Company shall make generally available to holders of its securities as soon as may be practicable but in no event later than the last day of the fifteenth (15th) 15th full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 of the Rules and Regulations, an earnings statement (which need not be audited but shall be in reasonable detail) for a period of twelve (12) 12 months ended commencing after the effective date, and satisfying the provisions of Section 11(a) of the Securities Act (including Rule 158 of the Rules and Regulations).

Appears in 2 contracts

Samples: Underwriting Agreement (Unusual Machines, Inc.), Underwriting Agreement (Unusual Machines, Inc.)

Availability of Earnings Statements. The Company shall make generally available to holders of its securities as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 of the Rules and Regulations, an earnings statement (which need not be audited but shall be in reasonable detail) for a period of twelve (12) 12 months ended commencing after the effective date, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations); provided, that the Company will be deemed to comply with such requirement by including such earning statements in reports filed with the Commission on XXXXX.

Appears in 2 contracts

Samples: Deposit Agreement (Medirom Healthcare Technologies Inc.), Underwriting Agreement (Medirom Healthcare Technologies Inc.)

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Availability of Earnings Statements. The Company shall make generally available to holders of its securities and the Agents as soon as may be practicable but in no any event not later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date of the Registration Statement occurs in accordance with Rule 158 of the Rules and Regulations, an earnings statement (which need not be audited but shall be in reasonable detail) for covering a period of twelve (12) months ended commencing after the effective date12 months, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations).

Appears in 1 contract

Samples: Equity Distribution Agreement (Sandstorm Gold LTD)

Availability of Earnings Statements. The Company shall make generally available to holders of its securities and each Manager and each Forward Purchaser as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 of the Rules and Regulationshereof, an earnings statement (which need not be audited but shall be in reasonable detail) for a covering the period of twelve (12) 12 months ended commencing after the effective datedate hereof, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations).

Appears in 1 contract

Samples: Equity Distribution Agreement (Broadstone Net Lease, Inc.)

Availability of Earnings Statements. The Company shall make generally available to holders of its securities as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 of the Rules and Regulations, an one or more earnings statement statements (which need not be audited but shall be in reasonable detail) for a period of twelve (12) months ended commencing after the effective date, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations).

Appears in 1 contract

Samples: Underwriting Agreement (Esports Entertainment Group, Inc.)

Availability of Earnings Statements. The Company shall make generally available to holders of its securities as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 of the Rules and 1933 Act Regulations, an earnings statement (which need not be audited but shall be in reasonable detail) for a period of twelve (12) 12 months ended commencing after the effective datedate of the Registration Statement, and satisfying the provisions of Section 11(a) of the 1933 Act (including Rule 158 of the Rules and 1933 Act Regulations).

Appears in 1 contract

Samples: Purple Innovation, Inc.

Availability of Earnings Statements. The Company shall make generally available to holders of its securities as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 of the Rules and Regulationsfalls, an earnings statement (which need not be audited but shall be in reasonable detail) for a period of twelve (12) 12 months ended commencing after the effective dateEffective Date, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations).

Appears in 1 contract

Samples: Epimmune Inc

Availability of Earnings Statements. The Company shall make generally available to holders of its securities as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 of the Rules and RegulationsEffective Date occurred, an earnings statement (which need not be audited but shall be in reasonable detail) for a period of twelve (12) 12 months ended commencing after on the effective datefirst day of the first fiscal quarter following the filing of the last report of the Company contemplated by Rule 158(c)(3) under the Act, and satisfying which satisfies the provisions of Section 11(a) of the Act (including such Rule 158 of the Rules and Regulations158).

Appears in 1 contract

Samples: Vion Pharmaceuticals Inc

Availability of Earnings Statements. The Company shall make generally available to holders of its securities as soon as may be practicable but in no event later than the last day of the fifteenth (15th) 15th full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 of the Rules and Securities Act Regulations, an earnings statement (which need not be audited but shall be in reasonable detail) for a period of twelve (12) 12 months ended commencing after the effective date, and satisfying the provisions of Section 11(a) of the Securities Act (including Rule 158 of the Rules and Securities Act Regulations).

Appears in 1 contract

Samples: Underwriting Agreement (Vitro Biopharma, Inc.)

Availability of Earnings Statements. The Company shall make generally available to holders of its securities and the Agents as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date of the Registration Statement occurs in accordance with Rule 158 of the Rules and Regulations, an earnings statement (which need not be audited but shall be in reasonable detail) for a covering the period of twelve (12) 12 months ended commencing after the such effective date, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations).

Appears in 1 contract

Samples: Equity Distribution Agreement (Alexander & Baldwin, Inc.)

Availability of Earnings Statements. The Company shall make generally available to holders of its securities and the Agents as soon as may be practicable but in no any event not later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date of the Registration Statement occurs in accordance with Rule 158 of the Rules and Regulations, an earnings statement (which need not be audited but shall be in reasonable detail) for covering a period of twelve (12) 12 months ended commencing after the effective date, and satisfying that satisfies the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations).

Appears in 1 contract

Samples: Equity Distribution Agreement (Sandstorm Gold LTD)

Availability of Earnings Statements. The Company shall make generally available to holders of its securities and the Sales Agents as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 end of the Rules and RegulationsCompany's current fiscal quarter, an earnings statement (which need not be audited but shall be in reasonable detail) for covering a 12-month period of twelve (12) months ended commencing after the effective date, and satisfying that satisfies the provisions of Section 11(a) of the Act (including and Rule 158 of the Rules and Regulations)Securities Act.

Appears in 1 contract

Samples: Sales Agreement (Sun Communities Inc)

Availability of Earnings Statements. The Company shall make generally available to holders of its securities and the Agents as soon as may be practicable but in no event later than the last day of the fifteenth (15th) 15th full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 of the Rules and Regulationshereof, an earnings statement (which need not be audited but shall be in reasonable detail) for a covering the period of twelve (12) 12 months ended commencing after the effective datedate hereof, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations).

Appears in 1 contract

Samples: Terms Agreement (Investors Real Estate Trust)

Availability of Earnings Statements. The Company shall make generally available to holders of its securities and the Agent as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date of the Registration Statement occurs in accordance with Rule 158 of the Rules and Regulations, an earnings statement (which need not be audited but shall be in reasonable detail) for a covering the period of twelve (12) 12 months ended commencing after the such effective date, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations).

Appears in 1 contract

Samples: Equity Distribution Agreement (Integra Resources Corp.)

Availability of Earnings Statements. The Company shall make generally available to holders of its securities and the Agents, the Forward Sellers and the Forward Purchasers as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date of the Registration Statement occurs in accordance with Rule 158 of the Rules and Regulations, an earnings statement (which need not be audited but shall be in reasonable detail) for a covering the period of twelve (12) 12 months ended commencing after the such effective date, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations).

Appears in 1 contract

Samples: Equity Distribution Agreement (Alexander & Baldwin, Inc.)

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