Common use of Delivery of Earnings Statements to Security Holders Clause in Contracts

Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the rules and regulations under the Securities Act, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve consecutive months beginning after the Execution Date. For the avoidance of doubt, documents filed with the Commission pursuant to its XXXXX system that contain the earnings statements required by this Section 4.8 shall be deemed to have been delivered to security holders and satisfy the requirements of this Section 4.8

Appears in 9 contracts

Samples: Underwriting Agreement (Biolase, Inc), Underwriting Agreement (Biolase, Inc), Underwriting Agreement (Biolase, Inc)

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Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the rules and regulations under the Securities Act, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve consecutive months beginning after the Execution Date. For the avoidance of doubt, documents filed with the Commission pursuant to its XXXXX EXXXX system that contain the earnings statements required by this Section 4.8 shall be deemed to have been delivered to security holders and satisfy the requirements of this Section 4.8.

Appears in 6 contracts

Samples: Underwriting Agreement (Blue Star Foods Corp.), Underwriting Agreement (Blue Star Foods Corp.), Underwriting Agreement (Gaucho Group Holdings, Inc.)

Delivery of Earnings Statements to Security Holders. The Company will shall make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth (15th) full calendar month following the Execution Datedate of this Agreement, an earnings statement (which need not be certified by an independent registered public or independent certified public accountants accounting firm unless required by the Securities Act or the rules and regulations under the Securities ActAct Regulations, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve (12) consecutive months beginning after the Execution Datedate of this Agreement. For the avoidance of doubt, documents earnings statements filed with the Commission pursuant to its XXXXX system that contain the earnings statements required by this Section 4.8 EXXXX shall be deemed to have been delivered made available to the Company's security holders and satisfy the requirements for purposes of this Section 4.83.13.

Appears in 2 contracts

Samples: Placement Agency Agreement (KWESST Micro Systems Inc.), Underwriting Agreement (KWESST Micro Systems Inc.)

Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the rules and regulations under the Securities Act, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve consecutive months beginning after the Execution Date. For the avoidance of doubt, documents filed with the Commission pursuant to its XXXXX system that contain the earnings statements required by this Section 4.8 shall be deemed to have been delivered to security holders and satisfy the requirements of this Section 4.8.

Appears in 2 contracts

Samples: Underwriting Agreement (Grom Social Enterprises, Inc.), Underwriting Agreement (Grom Social Enterprises, Inc.)

Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the rules and regulations under the Securities Act, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve consecutive months beginning after the Execution Date. For the avoidance of doubt, documents filed with the Commission pursuant to its XXXXX EXXXX system that contain the earnings statements required by this Section 4.8 shall be deemed to have been delivered to security holders and satisfy the requirements of this Section 4.8

Appears in 2 contracts

Samples: Underwriting Agreement (Data Storage Corp), Underwriting Agreement (Data Storage Corp)

Delivery of Earnings Statements to Security Holders. The Company will shall make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth (15th) full calendar month following the Execution Datedate of this Agreement, an earnings statement (which need not be certified by an independent registered public or independent certified public accountants accounting firm unless required by the Securities Act or the rules and regulations under the Securities ActAct Regulations, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve (12) consecutive months beginning after the Execution Datedate of this Agreement. For the avoidance of doubt, documents earnings statements filed with the Commission pursuant to its XXXXX system that contain the earnings statements required by this Section 4.8 EXXXX shall be deemed to have been delivered made available to the Company's security holders and satisfy the requirements for purposes of this Section 4.83.12.

Appears in 1 contract

Samples: Underwriting Agreement (KWESST Micro Systems Inc.)

Delivery of Earnings Statements to Security Holders. The Company will shall make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth (15th) full calendar month following the Execution Datedate of this Agreement, an earnings statement (which need not be certified by an independent registered public or independent certified public accountants accounting firm unless required by the Securities Act or the rules and regulations under the Securities ActAct Regulations, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve (12) consecutive months beginning after the Execution Datedate of this Agreement. For the avoidance of doubt, documents earnings statements filed with the Commission pursuant to its XXXXX system that contain the earnings statements required by this Section 4.8 shall be deemed to have been delivered made available to the Company’s security holders and satisfy for purposes of the requirements of this Section 4.83.12.

Appears in 1 contract

Samples: Underwriting Agreement (Odd Burger Corp)

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Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first (1st) day of the fifteenth (15th) full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the rules Rules and regulations Regulations under the Securities Act, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve (12) consecutive months beginning after the Execution Date. For the avoidance of doubt, documents filed with filing of the Commission pursuant to its XXXXX system that contain the earnings statements required by this Section 4.8 Company’s Exchange Act reports shall be deemed to have been delivered to security holders and satisfy the requirements of constitute delivery under this Section 4.8.

Appears in 1 contract

Samples: Underwriting Agreement (Hoth Therapeutics, Inc.)

Delivery of Earnings Statements to Security Holders. The Company will shall make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth (15th) full calendar month following the Execution Datedate of this Agreement, an earnings statement (which need not be certified by an independent registered public or independent certified public accountants accounting firm unless required by the Securities Act or the rules and regulations under the Securities ActAct Regulations, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve (12) consecutive months beginning after the Execution Datedate of this Agreement. For the avoidance of doubt, documents earnings statements filed with the Commission pursuant to its XXXXX system that contain the earnings statements required by this Section 4.8 shall be deemed to have been delivered made available to the Company’s security holders and satisfy the requirements for purposes of this Section 4.83.12.

Appears in 1 contract

Samples: Underwriting Agreement (KULR Technology Group, Inc.)

Delivery of Earnings Statements to Security Holders. The Company will shall make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth (15th) full calendar month following the Execution Datedate of this Agreement, an earnings statement (which need not be certified by an independent registered public or independent certified public accountants accounting firm unless required by the Securities Act or the rules and regulations under the Securities ActAct Regulations, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve (12) consecutive months beginning after the Execution Datedate of this Agreement. For the avoidance of doubt, documents earnings statements filed with the Commission pursuant to its XXXXX system that contain the earnings statements required by this Section 4.8 shall be deemed to have been delivered made available to the Company's security holders and satisfy the requirements for purposes of this Section 4.83.12.

Appears in 1 contract

Samples: Underwriting Agreement (ImmunoPrecise Antibodies Ltd.)

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