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 that includes the effective date (as defined in Rule 158(c) of the Rules and Regulations) of the Registration Statement 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 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 10 contracts

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

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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 full calendar month following the calendar quarter that includes in which the most recent effective date (as defined in Rule 158(c) of the Rules and Regulations) of the Registration Statement 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 12 months ended commencing after the effective date” (as defined in Rule 158) of the Registration Statement, and satisfying the provisions of Section 11(a) of the Securities Act (including Rule 158 of the Rules and Regulations).

Appears in 1 contract

Samples: Underwriting Agreement (Tobira Therapeutics, Inc.)

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Availability of Earnings Statements. The Company shall make generally available to holders of its securities securities, and the Agents and the Forward Purchasers 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 that includes in which the most recent effective date (as defined in Rule 158(c) of the Rules and Regulations) of the Registration Statement 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 covering the period of 12 months commencing after the such effective date, and satisfying the provisions of Section 11(a) of the Securities Act (including Rule 158 of the Rules and Regulations).

Appears in 1 contract

Samples: Terms Agreement (CareTrust REIT, Inc.)

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