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 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 12 months ended commencing after the effective date of the Registration Statement, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations); provided, however the Company will be deemed to have satisfied such requirement to the extent such information is filed with the Commission and made generally available pursuant to XXXXX or any successor thereto.

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 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 12 months ended commencing after the effective date of the Registration Statement, and satisfying the provisions of Section 11(a) of the Securities Act (including Rule 158 of the Rules and Regulations); provided, provided however the Company will be deemed to have satisfied such requirement to the extent such information is filed with the Commission and made generally available pursuant to XXXXX or any successor thereto.

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 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 12 months ended commencing after the effective date of the Registration Statementdate, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations); provided, however that the Company will be deemed to have satisfied comply with such requirement to the extent by including such information is earning statements in reports filed with the Commission and made generally available pursuant to XXXXX or any successor theretoon XXXXX.

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 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 12 months ended commencing after the effective date of the Registration Statementdate, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations); provided, however that the Company will be deemed to have satisfied comply with such requirement to the extent by including such information is earning statements in reports filed with the Commission and made generally available pursuant to XXXXX or any successor theretoon EXXXX.

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 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 12 months ended commencing after the effective date of the Registration Statement, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations); provided, however which requirement may be satisfied by publicly filing the Company will be deemed to have satisfied such requirement to the extent such required information is filed with the Commission and made generally available pursuant to XXXXX or any successor theretoon XXXXX.

Availability of Earnings Statements. The Company shall make generally available to ‎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 full calendar month following the calendar quarter in which ‎which the most recent effective date of the Registration Statement occurs in accordance with Rule ‎Rule 158 of the Rules and Regulations, an earnings statement (which need not be audited but shall ‎shall be in reasonable detail) for a covering the period of 12 months ended commencing after the such effective date of the Registration Statement‎date, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and ‎and Regulations); provided, however provided that the Company will shall be deemed to have satisfied furnished such requirement statements to its security holders and the Agents to the extent such information is they are filed with on the Commission and made generally available pursuant to XXXXX or any successor thereto.Commission’s EXXXX system.‎

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 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 12 months ended commencing after the effective date of the Registration Statement, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations); provided, provided however the Company will be deemed to have satisfied such requirement to the extent such information is filed with the Commission and made generally available pursuant to XXXXX or any successor thereto.

Availability of Earnings Statements. The Company shall make generally available to ‎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 full calendar month following the calendar quarter in which ‎which the most recent effective date of the Registration Statement occurs in accordance with Rule ‎Rule 158 of the Rules and Regulations, an earnings statement (which need not be audited but shall ‎shall be in reasonable detail) for a covering the period of 12 months ended commencing after the such effective date of the Registration Statement‎date, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and ‎and Regulations); provided, however provided that the Company will shall be deemed to have satisfied furnished such requirement statements to its security holders and the Agents to the extent such information is they are filed with on the Commission and made generally available pursuant to Commission’s XXXXX or any successor thereto.system.‎

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 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 12 months ended commencing after the effective date of the Registration Statement, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations); provided, however the Company will be deemed to have satisfied such requirement to the extent such information is filed with the Commission and made generally available pursuant to XXXXX EXXXX or any successor thereto.