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 749 contracts

Samples: Underwriting Agreement (EVgo Inc.), Underwriting Agreement (Cousins Properties Inc), Underwriting Agreement (Ormat Technologies, Inc.)

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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 357 contracts

Samples: Underwriting Agreement (Roper Technologies Inc), Underwriting Agreement (Dynex Capital Inc), Underwriting Agreement (Albemarle Corp)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earning statement covering a 12-month period 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 StatementSecurities Act.

Appears in 87 contracts

Samples: Atm Sales Agreement (Vision Marine Technologies Inc.), Sales Agreement (ProQR Therapeutics N.V.), Equity Distribution Agreement (Fat Brands, 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 66 contracts

Samples: Underwriting Agreement (Nasdaq, Inc.), Underwriting Agreement (Gulfport Energy Corp), Underwriting Agreement (Vertiv Holdings Co)

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), Underwriting Agreement (TNS Inc), Underwriting Agreement (Cheniere Energy 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

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 (Piedmont Office Realty Trust, Inc.), Underwriting Agreement (Metropolitan Bank Holding Corp.), Underwriting Agreement (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 (Amcor PLC)

Earning Statement. The Company will make generally available to its the Company’s security holders and to 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 158date of this Agreement that will satisfy the provisions of Section 11(a) of the Registration StatementSecurities Act. The Representatives, on behalf of the several Underwriters, may, in their sole discretion, waive in writing the performance by the Company of any one or more of the foregoing covenants or extend the time for their performance.

Appears in 20 contracts

Samples: Underwriting Agreement (Evergy Metro, Inc.), Underwriting Agreement (Evergy Kansas Central, Inc.), Underwriting Agreement (Evergy Metro, Inc.)

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 20 contracts

Samples: Underwriting Agreement (Associated Banc-Corp), Underwriting Agreement (Legacy Education Inc.), Underwriting Agreement (Gaming & Leisure Properties, 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 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 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: Underwriting Agreement (Kellanova), Underwriting Agreement (Kellogg Co), Underwriting Agreement (Kellanova)

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 (Columbus Energy Corp), Underwriting Agreement (Obagi Medical Products, 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 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 13 contracts

Samples: Underwriting Agreement (FNB Corp/Pa/), Underwriting Agreement (Comerica Inc /New/), Underwriting Agreement (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 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 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.), Underwriting Agreement (T-Mobile US, Inc.), Underwriting Agreement (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: Underwriting Agreement (CNFinance Holdings Ltd.), Underwriting Agreement (CDW Corp), Underwriting Agreement (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 Statementthereunder.

Appears in 9 contracts

Samples: Underwriting Agreement (Hillenbrand, Inc.), Underwriting Agreement (Enlight Renewable Energy Ltd.), Underwriting Agreement (Hillenbrand, 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 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: Underwriting Agreement (Intapp, Inc.), Underwriting Agreement (Intapp, Inc.), Underwriting Agreement (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 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: Underwriting Agreement (Bluebird Bio, Inc.), Underwriting Agreement (Bluebird Bio, Inc.), Underwriting Agreement (Bluebird Bio, 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: Underwriting Agreement (Altair Engineering Inc.), Underwriting Agreement (Celladon Corp), Underwriting Agreement (Quantum Fuel Systems Technologies Worldwide, 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), Underwriting Agreement (Spark Therapeutics, Inc.), Underwriting Agreement (Bioventus Inc.)

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.), Underwriting Agreement (Ispire 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 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 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: Underwriting Agreement (Affymetrix Inc), Underwriting Agreement (Lowrance Electronics Inc), 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.), Underwriting Agreement (W. P. Carey Inc.)

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

Earning Statement. The Company will make generally available to its security holders and the Representatives Underwriters as soon as practicable practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, 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 (MTBC, Inc.), Underwriting Agreement (MTBC, Inc.), Underwriting Agreement (MTBC, Inc.)

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: Underwriting Agreement (CDW Corp), Underwriting Agreement (CDW Corp), Underwriting Agreement (CDW 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: Underwriting Agreement (Crane Co /De/), Underwriting Agreement (Crane Co /De/), Underwriting Agreement (Take Two Interactive Software 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 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), Underwriting Agreement (Catapult Communications Corp)

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

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: Underwriting Agreement (Intra-Cellular Therapies, Inc.), Underwriting Agreement (Intra-Cellular Therapies, Inc.), Underwriting Agreement (Quanterix 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 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 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 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 3 contracts

Samples: Underwriting Agreement (HW Electro Co., Ltd.), Underwriting Agreement (HW Electro Co., Ltd.), Underwriting Agreement (HW Electro Co., 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 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 (Lexar Media Inc), Underwriting Agreement (Mattson Technology Inc), Underwriting Agreement (Steag Electronic Systems Ag)

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: Underwriting Agreement (Discover Financial Services), Underwriting Agreement (Discover Financial Services), Underwriting Agreement (Discover Financial Services)

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(aSection (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 (Medical Properties Trust Inc), Underwriting Agreement (Fidelity National Financial, 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 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.), Underwriting and Placement Agency Agreement (ObsEva SA)

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), Stock Purchase Agreement (Homebanc 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: Underwriting Agreement (Bill Barrett Corp), Underwriting Agreement (Bill Barrett Corp)

Earning Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable an earning statement (which need not be audited) covering the twelve-month period ending September 30, 1998 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 StatementAct.

Appears in 2 contracts

Samples: Underwriting Agreement (Il Fornaio America Corp), Underwriting Agreement (Il Fornaio America 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, 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), Underwriting Agreement (Quicksilver 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 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 (Biomimetic Therapeutics, Inc.), Dealer Manager Agreement (AMS Sales 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 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 (Concho Resources Inc), Underwriting Agreement (J C Penney Co Inc)

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: Underwriting Agreement (Schottenstein Realty Trust, Inc.), Underwriting Agreement (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: Underwriting Agreement (Central European Distribution Corp), Underwriting Agreement (Central European Distribution Corp)

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: Equity Underwriting Agreement (ONE Gas, Inc.), Equity Underwriting Agreement (ONE Gas, Inc.)

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: Underwriting Agreement (Ctrip Com International LTD), Underwriting Agreement (Ctrip Com International LTD)

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: Underwriting Agreement (Regency Centers Corp), Underwriting Agreement (Regency Centers 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: Equity Distribution Agreement (Independence Realty Trust, Inc.), Equity Distribution Agreement (Mid-America Apartments, L.P.)

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 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), Underwriting Agreement (City National Corp)

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)

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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: Underwriting Agreement (VEREIT Operating Partnership, L.P.), Underwriting Agreement (VEREIT Operating Partnership, L.P.)

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), Underwriting Agreement (Allegheny Technologies 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 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: Underwriting Agreement (Quanterix Corp), Underwriting Agreement (Quanterix Corp)

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 (Mellanox Technologies, Ltd.), Underwriting Agreement (Ulta Salon, Cosmetics & Fragrance, 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: Underwriting Agreement (Hubbell Inc), Underwriting Agreement (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 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: Underwriting Agreement (Vizio Holding Corp.), Underwriting Agreement (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.

Appears in 2 contracts

Samples: Underwriting Agreement (Insulet Corp), Underwriting Agreement (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 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: Underwriting Agreement (DealerTrack Holdings, Inc.), Underwriting Agreement (DealerTrack Holdings, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives Underwriter 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 1 contract

Samples: Underwriting Agreement (Strategic Hotels & Resorts, 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 StatementStatement provided that the Company will be deemed to made available such statement to its security holders to the extent it is filed on XXXXX.

Appears in 1 contract

Samples: Underwriting Agreement (Axon Enterprise, 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 StatementStatement which obligation may be satisfied through the Company’s electronic filings on the XXXXX system.

Appears in 1 contract

Samples: Underwriting Agreement (SRAM International 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, it being understood that the filing of the Company’s Form 10-K for the fiscal year ending December 31, 2021, will satisfy this covenant.

Appears in 1 contract

Samples: Underwriting Agreement (Crown PropTech Acquisitions)

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 StatementStatement (which shall be deemed satisfied by filing any such statements with the SEC via XXXXX).

Appears in 1 contract

Samples: Underwriting Agreement (ObsEva SA)

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) date of the Registration Statementthis Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Capital Senior Living Corp)

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: Underwriting Agreement (Bottomline Technologies Inc /De/)

Earning Statement. The Company will make generally available to its security holders and the Representatives Underwriters as soon as practicable practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, 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: Underwriting Agreement (CareCloud, 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 StatementEffective Time.

Appears in 1 contract

Samples: Underwriting Agreement (Nelnet 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 promulgated by the Commission promulgated thereunder covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company occurring ending after the “effective date” (as defined in Rule 158) date of the Registration StatementOffering Memorandum; provided that the Company will be deemed to have furnished such statement to security holders and the Representative to the extent it is filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval System (“XXXXX”).

Appears in 1 contract

Samples: Purchase Agreement (Sunnova Energy International 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: Underwriting Agreement (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 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 (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 earnings 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 1 contract

Samples: Underwriting Agreement (American Equity Investment Life Holding Co)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative, 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 1 contract

Samples: Underwriting Agreement (Central European Distribution 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, as may be required.

Appears in 1 contract

Samples: Underwriting Agreement (Pinnacle Financial Partners 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 1 contract

Samples: Underwriting Agreement (Avalonbay Communities 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 will be deemed to have complied with such requirement by filing such an earning statement on EXXXX.

Appears in 1 contract

Samples: Underwriting Agreement (Owl Rock Technology 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 promulgated by the Commission promulgated thereunder covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company occurring ending after the “effective date” (as defined in Rule 158) date of the Registration StatementOffering Memorandum; provided that the Company will be deemed to have furnished such statement to security holders and the Representatives to the extent it is filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval System (“XXXXX”).

Appears in 1 contract

Samples: Purchase Agreement (Sunnova Energy International 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: Underwriting Agreement (Kansas City Southern)

Earning Statement. The Whether or not required to do so, the Company will make generally available to its security holders and the Representatives Representative 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: Underwriting Agreement (Jarden 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: Underwriting Agreement (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 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 XXXXX system).

Appears in 1 contract

Samples: Underwriting Agreement (Bioform Medical 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) 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: Underwriting Agreement (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: Underwriting Agreement (Concho Resources Inc)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative, including 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 1 contract

Samples: Underwriting Agreement (Take Two Interactive Software 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: Underwriting Agreement (Serologicals 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 the rules and regulations 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 (Overseas Shipholding Group 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 1 contract

Samples: 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 158) of the Registration Statement, it being understood that the filing of the Company’s Form 10-K for the fiscal year ending December 31, 2020, will satisfy this covenant.

Appears in 1 contract

Samples: Underwriting Agreement (Crown PropTech Acquisitions)

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 (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)

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