Common use of Earning Statement Clause in Contracts

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 742 contracts

Samples: Underwriting Agreement (Extra Space Storage Inc.), Underwriting Agreement (Idex Corp /De/), Underwriting Agreement (Eastman Chemical Co)

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Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 356 contracts

Samples: Underwriting Agreement (Roper Technologies Inc), Underwriting Agreement (Trailblazer Merger Corp I), Underwriting Agreement (Trailblazer Merger Corp I)

Earning Statement. The Company will make generally available to its security holders and the Representatives Underwriter as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 66 contracts

Samples: Underwriting Agreement (Nasdaq, Inc.), Underwriting Agreement (SONDORS Inc.), Underwriting Agreement (Western Asset Mortgage Capital Corp)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the "effective date" (as defined in Rule 158) of the Registration Statement.

Appears in 46 contracts

Samples: Underwriting Agreement (Anacor Pharmaceuticals Inc), Cheniere Energy Inc, TNS Inc

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 38 contracts

Samples: Underwriting Agreement (Campbell Soup Co), Underwriting Agreement (Campbell Soup Co), Underwriting Agreement (Campbell Soup Co)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning earnings statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 34 contracts

Samples: Underwriting Agreement (Forestar Group Inc.), Underwriting Agreement (Ralph Lauren Corp), Piedmont Office Realty Trust, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as reasonably practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 29 contracts

Samples: Underwriting Agreement (Amcor PLC), Underwriting Agreement (Amcor PLC), Underwriting Agreement (Fortune Brands Home & Security, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statementthereunder.

Appears in 19 contracts

Samples: Kellanova, Kellogg Co, Kellanova

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement; provided, however, that such availability requirements shall be deemed met by the Company’s reporting requirement pursuant to the Exchange Act.

Appears in 19 contracts

Samples: Underwriting Agreement (Moodys Corp /De/), Underwriting Agreement (Moodys Corp /De/), Underwriting Agreement (Moodys Corp /De/)

Earning Statement. The Company will make generally available to its security holders and the Representatives Underwriters as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 19 contracts

Samples: Underwriting Agreement (Legacy Education Inc.), Underwriting Agreement (FB Financial Corp), Letter Agreement (Vertiv Holdings Co)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the "effective date" (as defined in Rule 158) of the Registration Statement.

Appears in 18 contracts

Samples: Underwriting Agreement (Oglethorpe Power Corp), Underwriting Agreement (Obagi Medical Products, Inc.), Underwriting Agreement (Divx Inc)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statementthereunder.

Appears in 15 contracts

Samples: Underwriting Agreement (ArcelorMittal), Underwriting Agreement (ArcelorMittal), Underwriting Agreement (ArcelorMittal)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 the rules and regulations of the Commission promulgated thereunder (including, but not limited to, Rule 158 under the Securities Act) covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158158 under the Securities Act) of the Registration Statement.

Appears in 13 contracts

Samples: Underwriting Agreement (HomesToLife LTD), Underwriting Agreement (HomesToLife LTD), Underwriting Agreement (Harden Technologies Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement (which need not be audited) that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 12 contracts

Samples: Underwriting Agreement (T-Mobile US, Inc.), Comerica Inc /New/, Comerica Inc /New/

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earning statement (which need not be audited) that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company (and Parent) occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 11 contracts

Samples: Underwriting Agreement (T-Mobile US, Inc.), T-Mobile US, Inc., T-Mobile US, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earning statement (which need not be audited) that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 10 contracts

Samples: CNFinance Holdings Ltd., CDW Corp, CDW Corp

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as reasonably practicable an earning statement (that need not be audited) that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 9 contracts

Samples: Intapp, Inc., Intapp, Inc., Disco (Guernsey) Holdings L.P. Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statementthereunder.

Appears in 9 contracts

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

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earning earnings statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 8 contracts

Samples: Altair Engineering Inc., Omnibus Assignment and Assumption Agreement (Celladon Corp), Letter Agreement (Central European Media Enterprises LTD)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement; provided that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on XXXXX.

Appears in 8 contracts

Samples: Bluebird Bio, Inc., Bluebird Bio, Inc., Bluebird Bio, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement, it being agreed that such obligation may be satisfied by filings made with the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”).

Appears in 5 contracts

Samples: Underwriting Agreement (Globoforce Group PLC), Underwriting Agreement (Ubiquiti Networks, Inc.), Underwriting Agreement (Audience Inc)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as reasonably practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 5 contracts

Samples: Underwriting Agreement (Yoshitsu Co., LTD), Spark Therapeutics, Inc., Bioventus Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158158 of the Securities Act) of the Registration Statement.

Appears in 5 contracts

Samples: Underwriting Agreement (International Lease Finance Corp), Underwriting Agreement (International Lease Finance Corp), Underwriting Agreement (International Lease Finance Corp)

Earning Statement. The Company will make generally available to its security holders securityholders and the Representatives Representative as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 the rules and regulations of the Commission promulgated thereunder (including, but not limited to, Rule 158 under the Securities Act) covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158158 under the Securities Act) of the Registration Statement.

Appears in 5 contracts

Samples: Underwriting Agreement (APRINOIA Therapeutics Inc.), Underwriting Agreement (APRINOIA Therapeutics Inc.), Common Stock Purchase Warrant (Ispire Technology Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as reasonably practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158158 under the Securities Act) of the Registration Statement.

Appears in 4 contracts

Samples: Hubbell Inc, Hubbell Inc, Hubbell Inc

Earning Statement. The Company will make generally available to its security holders and the Representatives Underwriter as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the "effective date" (as defined in Rule 158) of the Registration Statement.

Appears in 4 contracts

Samples: Affymetrix Inc, Underwriting Agreement (Puget Energy Inc /Wa), Underwriting Agreement (Gasco Energy Inc)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable reasonably practicable, an earning earnings statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 4 contracts

Samples: Underwriting Agreement (W. P. Carey Inc.), Underwriting Agreement (W. P. Carey Inc.), W. P. Carey Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 4 contracts

Samples: Underwriting Agreement (Dynex Capital Inc), Build Acquisition Corp., Build Acquisition Corp.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable Representatives, in the time frame and in the manner contemplated by Rule 158, an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 4 contracts

Samples: Underwriting Agreement (Homebanc Corp), Underwriting Agreement (Homebanc Corp), Underwriting Agreement (Homebanc Corp)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as reasonably practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 4 contracts

Samples: Underwriting Agreement (Rockwell Collins Inc), Underwriting Agreement (Rockwell Collins Inc), Underwriting Agreement (Rockwell Collins Inc)

Earning Statement. The Company will make generally available to its security holders and the Representatives Placement Agent as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 4 contracts

Samples: Placement Agency Agreement (ImmunityBio, Inc.), Placement Agency Agreement (ImmunityBio, Inc.), Placement Agency Agreement (ImmunityBio, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158158 of the Securities Act) of the Registration Statement.

Appears in 3 contracts

Samples: Underwriting Agreement (International Lease Finance Corp), Underwriting Agreement (International Lease Finance Corp), Underwriting Agreement (International Lease Finance Corp)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with on the first day of the first full fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) date of the Registration Statementthis Agreement.

Appears in 3 contracts

Samples: Lexar Media Inc, Mattson Technology Inc, Steag Electronic Systems Ag

Earning Statement. The Company will make generally available to its security holders and the Representatives Placement Agents as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 3 contracts

Samples: Placement Agency Agreement (Scholar Rock Holding Corp), Sangamo Therapeutics, Inc, Prime Meridian Holding Co

Earning Statement. The Company will make generally available to its security holders and the Representatives Underwriter as soon as practicable an earning statement (which need not be audited) that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 3 contracts

Samples: CDW Corp, CDW Corp, CDW Corp

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement; provided that the Company will be deemed to have satisfied such requirement to the extent such information is filed on XXXXX or any successor system.

Appears in 3 contracts

Samples: Intra-Cellular Therapies, Inc., Intra-Cellular Therapies, Inc., Quanterix Corp

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158158 under the Securities Act) of the Registration Statement.

Appears in 3 contracts

Samples: Discover Financial Services, Discover Financial Services, Discover Financial Services

Earning Statement. The Company will make generally available to its security holders and the Representatives Representatives, as soon as practicable practicable, an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 3 contracts

Samples: Underwriting Agreement (Chain Bridge I), Underwriting Agreement (Chain Bridge I), Underwriting Agreement (Chain Bridge I)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with on the first day of the first full fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) date of the Registration Statementthis Agreement.

Appears in 3 contracts

Samples: Underwriting Agreement (Wj Communications Inc), Underwriting Agreement (Catapult Communications Corp), Catapult Communications Corp

Earning Statement. The Company will make generally available to its security holders and the Representatives Representatives, including, at the Company’s option, by filing with the Commission, as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 3 contracts

Samples: Crane Co /De/, Crane Co /De/, Take Two Interactive Software Inc

Earning Statement. The Company will make generally available to its security holders and the Representatives Underwriter as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective datedate of the Registration Statement” (as defined in Rule 158) of the Registration Statement).

Appears in 2 contracts

Samples: Underwriting Agreement (Insulet Corp), Underwriting Agreement (Insulet Corp)

Earning Statement. The Company will To make generally available to its security holders holders, the Managers and the Representatives Forward Purchasers as soon as reasonably practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 2 contracts

Samples: Terms Agreement (Independence Realty Trust, Inc.), Agreement (Mid-America Apartments, L.P.)

Earning Statement. The Company will make generally available to its security holders and the Representatives Underwriters as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statementmonths.

Appears in 2 contracts

Samples: Ctrip Com International LTD, Ctrip Com International LTD

Earning Statement. The Company will shall make generally available to its security holders securityholders, and to deliver to the Representatives as soon as practicable Representatives, an earning statement that satisfies of the Company (which need not be audited but will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder Act) covering a period of at least twelve months beginning with after the first fiscal quarter effective date of the Company occurring after the “effective date” Registration Statement (as defined in Rule 158158(c) of the Registration StatementAct) as soon as is reasonably practicable after the termination of such twelve-month period.

Appears in 2 contracts

Samples: Underwriting Agreement (Xerox Corp), Underwriting Agreement (Xerox Corp)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable through filings under the Securities Exchange Act of 1934 an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 2 contracts

Samples: Bill Barrett Corp, Bill Barrett Corp

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 2 contracts

Samples: Dealer Manager Agreement (AMS Sales CORP), Biomimetic Therapeutics, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as reasonably practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158158 under the Securities Act) of the Registration Statement.

Appears in 2 contracts

Samples: Hubbell Inc, Hubbell Inc

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement; provided, however that this Section 4(g) shall not be construed to require the Company to file any report referred to in Rule 158 prior to the time at which such report is otherwise due.

Appears in 2 contracts

Samples: Underwriting Agreement (Quicksilver Resources Inc), Quicksilver Resources Inc

Earning Statement. The Company will make generally available to its security holders and the Representatives Underwriter as soon as practicable an earning earnings statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 2 contracts

Samples: Underwriting Agreement (J C Penney Co Inc), Concho Resources Inc

Earning Statement. The Company will make generally available to its their security holders and the Representatives Underwriters as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 2 contracts

Samples: VEREIT Operating Partnership, L.P., VEREIT Operating Partnership, L.P.

Earning Statement. The Company will make generally available to its security holders and the Representatives Underwriter, the Forward Seller and the Forward Purchaser as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 2 contracts

Samples: ONE Gas, Inc., ONE Gas, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158158 under the Securities Act) of the Registration Statement.

Appears in 2 contracts

Samples: Underwriting Agreement (Ati Inc), Allegheny Technologies Inc

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earning statement that satisfies the provisions of Section 11(a10(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration StatementStatement (which need not be certified by independent public or independent certified public accountants unless required by applicable law).

Appears in 2 contracts

Samples: Underwriting Agreement (Act II Global Acquisition Corp.), Underwriting Agreement (Act II Global Acquisition Corp.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning earnings statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of under the Commission promulgated thereunder Securities Act covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 2 contracts

Samples: Schottenstein Realty Trust, Inc., Campus Crest Communities, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives Representatives, in accordance with Rule 158 of the U.S. Commission, as soon as reasonably practicable an earning earnings statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the U.S. Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 2 contracts

Samples: Central European Distribution Corp, Central European Distribution Corp

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as reasonably practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve (12) months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 2 contracts

Samples: Underwriting Agreement (HW Electro Co., Ltd.), Underwriting Agreement (HW Electro Co., Ltd.)

Earning Statement. The Company will shall make generally available to its security holders securityholders, and shall deliver to the Representatives as soon as practicable Representatives, an earning statement that satisfies of the Company (which need not be audited but will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder Act) covering a period of at least twelve months beginning with after the first fiscal quarter effective date of the Company occurring after the “effective date” Registration Statement (as defined in Rule 158158(c) of the Registration StatementAct) as soon as is reasonably practicable after the termination of such twelve-month period.

Appears in 2 contracts

Samples: Underwriting Agreement (Xerox Corp), Underwriting Agreement (Xerox Corp)

Earning Statement. The Company will make generally available to its security holders and the Representatives Underwriter as soon as practicable an earning earnings statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 2 contracts

Samples: Underwriting Agreement (Global Ship Lease, Inc.), Underwriting Agreement (Global Ship Lease, Inc.)

Earning Statement. The Company will make generally available to its security holders holders, the Representative, the Forward Seller and the Representatives Forward Counterparty as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 2 contracts

Samples: Regency Centers Corp, Regency Centers Corp

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement; provided the Company will be deemed to have furnished such statement to security holders and the Representatives to the extent it is filed on XXXXX.

Appears in 2 contracts

Samples: Vizio Holding Corp., SmileDirectClub, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement; provided that the Company will be deemed to have complied with such requirement by filing on XXXXX a report that satisfies the requirements of an “earning statement” (as defined in Rule 158).

Appears in 2 contracts

Samples: Underwriting Agreement (United States Steel Corp), Underwriting Agreement (United States Steel Corp)

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Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration StatementStatement (which shall be deemed satisfied by filing any such statements with the Commission via its Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”)).

Appears in 2 contracts

Samples: Underwriting Agreement (Addex Therapeutics Ltd.), ObsEva SA

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement (that need not be audited) that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 2 contracts

Samples: Underwriting Agreement (City National Corp), Final Terms and Conditions (City National Corp)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 2 contracts

Samples: Insulet Corp, Insulet Corp

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement; provided that the Company will be deemed to have satisfied such requirement to the extent such information is filed on EXXXX or any successor system.

Appears in 2 contracts

Samples: Quanterix Corp, Quanterix Corp

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable Fund, in the time frame and in the manner contemplated by Rule 158, an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Homebanc Corp), Form of Stock Purchase Agreement (Homebanc Corp)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of under the Commission promulgated thereunder Securities Act covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158158 under the Securities Act) of the Registration Statement.

Appears in 2 contracts

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

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the "effective date" (as defined in Rule 158158 under the Securities Act) of the Registration Statement.

Appears in 2 contracts

Samples: DealerTrack Holdings, Inc., DealerTrack Holdings, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives (which may be satisfied by filing with the Commission’s EXXXX system) as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 2 contracts

Samples: Underwriting Agreement (Ulta Salon, Cosmetics & Fragrance, Inc.), Mellanox Technologies, Ltd.

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earning earnings statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the "effective date" (as defined in Rule 158) of the Registration Statement.

Appears in 1 contract

Samples: Brown Tom Inc /De

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the U.S. Securities Act and Rule 158 of the Commission SEC promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the "effective date" (as defined in Rule 158) of the Registration Statement.

Appears in 1 contract

Samples: Lithium Americas Corp.

Earning Statement. The Company has made or will make generally available to its security holders and the Representatives Representatives, the Forward Purchaser and the Forward Seller as soon as practicable an earning earnings statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 1 contract

Samples: Letter Agreement (Hawaiian Electric Industries Inc)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission SEC promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 1 contract

Samples: Cemex Sab De Cv

Earning Statement. The Company will make generally available to its security holders and and, upon the Representatives request of the Representative, the Representative as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 1 contract

Samples: Bottomline Technologies Inc /De/

Earning Statement. The Whether or not required to do so, the Company will make generally available to its security holders and the Representatives as soon as practicable commercially reasonable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 1 contract

Samples: Jarden Corp

Earning Statement. The Company will make generally available to its security holders and the Representatives Underwriters as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158158 under the Securities Act) of the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (Oasis Petroleum Inc.)

Earning Statement. The Company will make generally available to its security holders holders, the Representatives, the Forward Sellers and the Representatives Forward Counterparties as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 1 contract

Samples: Regency Centers Corp

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the "effective date" (as defined in Rule 158) of the Registration Statement, it being agreed that such obligation may be satisfied by filings made with the Commission's Electronic Data Gathering, Analysis, and Retrieval system ("XXXXX").

Appears in 1 contract

Samples: Epocrates Inc

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first full fiscal quarter of the Company occurring after the "effective date" (as defined in Rule 158) of the Registration StatementStatements.

Appears in 1 contract

Samples: Serologicals Corp

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of under the Commission promulgated thereunder Securities Act covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 1 contract

Samples: Casella Waste Systems Inc

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve (12) months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (Avalonbay Communities Inc)

Earning Statement. The Company will make generally available to its security holders and the Representatives Underwriter as soon as practicable an earning statement that satisfies the provisions of Section 11(a11 (a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the "effective date" (as defined in Rule 158) of the Registration Statement.

Appears in 1 contract

Samples: Kansas City Southern

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) date of this Agreement; provided that the Registration StatementCompany will be deemed to have furnished such statement to its security holders and the Representatives to the extent they are filed on XXXXX or any successor thereto.

Appears in 1 contract

Samples: Execution Version (Amkor Technology, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the rules and regulations of the Commission promulgated thereunder covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 1 contract

Samples: Concho Resources Inc

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.. (h)

Appears in 1 contract

Samples: Synovus Financial Corp

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement; provided that the Company will be deemed to have furnished such statement to its security holders and the Representatives to the extent such statement is filed with the Commission.

Appears in 1 contract

Samples: Underwriting Agreement (Krispy Kreme, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of under the Commission promulgated thereunder Securities Act covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 1 contract

Samples: Casella Waste Systems Inc

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities 1933 Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement, provided that the Company will be deemed to have complied with such requirement by filing on XXXXX a report that satisfies such requirement.

Appears in 1 contract

Samples: Underwriting Agreement (Contango ORE, Inc.)

Earning Statement. The Company will To make generally available to its the Company’s security holders and the Representatives to you as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158date of this Agreement which shall satisfy the provisions of Section 11(a) of the Registration Statement.Securities Act and the rules and regulations of the Commission thereunder;

Appears in 1 contract

Samples: Underwriting Agreement (AbbVie Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement; provided that the Company may make such earning statement generally available by filing quarterly and annual reports with the Commission as may be required by the Exchange Act.

Appears in 1 contract

Samples: People's United Financial, Inc.

Earning Statement. The Company will shall make generally available to its security holders holders, and to deliver to the Representatives as soon as practicable Representatives, an earning statement that satisfies of the Company (which need not be audited but will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder Act) covering a period of at least twelve months beginning with after the first fiscal quarter effective date of the Company occurring after the “effective date” Registration Statement (as defined in Rule 158158(c) of the Registration StatementAct) as soon as is reasonably practicable after the termination of such twelve-month period.

Appears in 1 contract

Samples: Underwriting Agreement (Xerox Corp)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earning statement that satisfies the provisions of Section 11(a11 (a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (Approach Resources Inc)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission SEC promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (WSP Holdings LTD)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earning statement (which need not to be audited) that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 1 contract

Samples: Comerica Inc /New/

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the "effective date" (as defined in Rule 158) of the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (Campbell Soup Co)

Earning Statement. The Company will make generally available (which may be satisfied by filing with the Commission pursuant to XXXXX) to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 1 contract

Samples: Candela Medical, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement; provided the Company will be deemed to have furnished such statement to its security holders to the extent it is filed on XXXXX.

Appears in 1 contract

Samples: Underwriting Agreement (Granite Point Mortgage Trust Inc.)

Earning Statement. The Company will make generally available (electronically or otherwise) to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (Teladoc, Inc.)

Earning Statement. The Company will make generally available to its security holders shareholders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 1 contract

Samples: BioNTech SE

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 the rules and regulations of the Commission promulgated thereunder (including, but not limited to, Rule 158 under the Securities Act) covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158158 under the Securities Act) of the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (Aspire Global Inc.)

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