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 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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”).

Appears in 10 contracts

Samples: Underwriting Agreement (Dyne Therapeutics, Inc.), Underwriting Agreement (Dyne Therapeutics, Inc.), Underwriting Agreement (Verve Therapeutics, Inc.)

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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, it being understood and agreed provided that (i) such earning statement delivery requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 thereof and (ii) such delivery requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”)System.

Appears in 8 contracts

Samples: Underwriting Agreement (Waste Connections, Inc.), Underwriting Agreement (Waste Connections, Inc.), Underwriting Agreement (Waste Connections, 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 (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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”).

Appears in 7 contracts

Samples: Underwriting Agreement (Sage Therapeutics, Inc.), Underwriting Agreement (Sage Therapeutics, Inc.), Underwriting Agreement (Sage 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 158) of the Registration Statement, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”).

Appears in 5 contracts

Samples: Underwriting Agreement, Underwriting Agreement (Black Diamond Therapeutics, Inc.), Underwriting Agreement (Aptinyx 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 (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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings earning statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”).

Appears in 5 contracts

Samples: Underwriting Agreement (Precigen, Inc.), Underwriting Agreement (Intrexon Corp), Underwriting Agreement (Intrexon Corp)

Earning Statement. The Company will make generally available to its security holders and the Representatives 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 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 and agreed provided, however, that (i) such earning statement requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (ii) such requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”)System.

Appears in 4 contracts

Samples: Underwriting Agreement (Forum Energy Technologies, Inc.), Underwriting Agreement (Forum Energy Technologies, Inc.), Underwriting Agreement (Forum Energy Technologies, 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 (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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings earning statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”).

Appears in 4 contracts

Samples: Underwriting Agreement (Precigen, Inc.), Underwriting Agreement (Veritone, Inc.), Underwriting Agreement (Veritone, 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, it being understood and agreed ; provided that such earning statement delivery requirements to the Company’s security holders and the Representatives shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”)thereof.

Appears in 4 contracts

Samples: Underwriting Agreement (Meritor Inc), Underwriting Agreement (Meritor Inc), Underwriting Agreement (Arvinmeritor 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; provided, it being understood and agreed however, that (1) such earning statement delivery requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (2) such delivery requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system System (“XXXXX”).

Appears in 4 contracts

Samples: Underwriting Agreement (Uil Holdings Corp), Underwriting Agreement (Uil Holdings Corp), Underwriting Agreement (Uil Holdings Corp)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative 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 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 each of the Registration Statement, it being understood and agreed provided, however, that (1) such earning statement requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (2) such requirements to the Representative shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”)System or any successor system.

Appears in 3 contracts

Samples: Underwriting Agreement (Clovis Oncology, Inc.), Underwriting Agreement (Clovis Oncology, Inc.), Underwriting Agreement (Clovis Oncology, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives 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 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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”).

Appears in 3 contracts

Samples: Underwriting Agreement (Zafgen, Inc.), Underwriting Agreement (Zafgen, Inc.), Underwriting Agreement (Zafgen, 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, it being understood and agreed ; provided that (i) such earning statement delivery requirements to the Company’s security holders shall be deemed to have been made available satisfied by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 of the Commission and if (ii) such earnings statement is delivery requirements to the Representatives shall be deemed met by the Company to have been made available the extent the related reports are filed on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”)system.

Appears in 3 contracts

Samples: Underwriting Agreement (NMI Holdings, Inc.), Underwriting Agreement (NMI Holdings, Inc.), Underwriting Agreement (NMI Holdings, 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; provided, it being understood and agreed however, that (1) such earning statement delivery requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (2) such delivery requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”)System.

Appears in 3 contracts

Samples: Underwriting Agreement (Nu Skin Enterprises Inc), Underwriting Agreement (Energizer Holdings Inc), Underwriting Agreement (Portland General Electric Co /Or/)

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, it being understood and agreed ; provided that (i) such earning statement delivery requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 of the Commission and if (ii) such earnings statement is delivery requirements to the Representative shall be deemed met by the Company to have been made available the extent the related reports are filed on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”)system.

Appears in 3 contracts

Samples: Underwriting Agreement (Costar Group Inc), Underwriting Agreement (Costar Group Inc), Underwriting Agreement (Costar Group 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, it being understood and agreed provided that (i) such earning statement delivery requirements to the Company’s shareholders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (ii) such delivery requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system System (“XXXXX”).

Appears in 3 contracts

Samples: Underwriting Agreement (Nymex Holdings Inc), Underwriting Agreement (Aircastle LTD), Underwriting Agreement (Nymex Holdings 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, it being understood and agreed that such earning earnings statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”).

Appears in 3 contracts

Samples: Underwriting Agreement (StepStone Group Inc.), Underwriting Agreement (StepStone Group Inc.), Underwriting Agreement (StepStone Group 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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if (i) the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if (ii) such compliance satisfies the conditions of Rule 158 158, and if (iii) such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”).

Appears in 3 contracts

Samples: Underwriting Agreement (Prime Medicine, Inc.), Underwriting Agreement (Metagenomi, Inc.), Underwriting Agreement (Prime Medicine, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives Underwriters 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 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 and agreed provided, however, that (1) such earning statement requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (2) such requirements to the Underwriters shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”)System or any successor system.

Appears in 3 contracts

Samples: Underwriting Agreement (Clovis Oncology, Inc.), Underwriting Agreement (Clovis Oncology, Inc.), Underwriting Agreement (Clovis Oncology, 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, it being understood and agreed provided, however, that (1) such earning statement requirements to the Company’s stockholders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (2) such requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”)System.

Appears in 2 contracts

Samples: Underwriting Agreement (Clovis Oncology, Inc.), Underwriting Agreement (Clovis Oncology, 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, it being understood and agreed provided that (i) such earning statement delivery requirements to the Company’s shareholders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (ii) such delivery requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system System (“XXXXXEXXXX”).

Appears in 2 contracts

Samples: Underwriting Agreement (Burger King Holdings Inc), Underwriting Agreement (Burger King Holdings 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, it being understood and agreed ; provided that (i) such earning statement requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (ii) such requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”)System.

Appears in 2 contracts

Samples: Underwriting Agreement (ProFrac Holding Corp.), Underwriting Agreement (ProFrac Holding 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, it being understood and agreed provided that (i) such earning statement delivery requirements to the Company's shareholders shall be deemed to have been made available met by the Company if the Company is in Company's compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (ii) such delivery requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s 's Electronic Data Gathering, Analysis, Analysis and Retrieval system System (“XXXXX”"EDGAR").

Appears in 2 contracts

Samples: Underwriting Agreement (Aircastle LTD), Underwriting Agreement (Aircastle LTD)

Earning Statement. The Company will make generally available to its security holders and the Representatives 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 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, it being understood and agreed however, that (1) such earning statement requirements to the Company’s security holders shall be deemed met by the Company’s compliance with its reporting requirements pursuant to have been made available the Exchange Act if such compliance satisfies all of the conditions and requirements of Rule 158 and (2) such requirements to the Representatives shall be deemed met by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if related reports containing such compliance satisfies the conditions of Rule 158 and if such earnings earning statement is deemed to have been made are available on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”)System.

Appears in 2 contracts

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

Earning Statement. The Company will make generally available to its security holders and the Representatives 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 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 and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in Company’s compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”).

Appears in 2 contracts

Samples: Underwriting Agreement (Trulia, Inc.), Underwriting Agreement (Trulia, 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 (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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”).

Appears in 2 contracts

Samples: Underwriting Agreement (Seres Therapeutics, Inc.), Underwriting Agreement (Seres Therapeutics, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives 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 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 and agreed that such earning earnings statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”).

Appears in 2 contracts

Samples: Underwriting Agreement (Five9, Inc.), Underwriting Agreement (Five9, 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, it being understood and agreed ; provided that (i) such earning statement requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (ii) such requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Gathering Analysis, and Retrieval system (“XXXXX”)system.

Appears in 2 contracts

Samples: Underwriting Agreement (Nine Energy Service, Inc.), Underwriting Agreement (Nine Energy Service, 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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”).

Appears in 2 contracts

Samples: Underwriting Agreement (Array Biopharma Inc), Underwriting Agreement (Array Biopharma 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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in Company’s compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”).

Appears in 1 contract

Samples: Underwriting Agreement (Qualys, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives 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 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, it being understood and agreed however, that (1) such earning statement requirements to the Company's security holders shall be deemed met by the Company's compliance with its reporting requirements pursuant to have been made available the Exchange Act if such compliance satisfies all of the conditions and requirements of Rule 158 and (2) such requirements to the Representatives shall be deemed met by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if related reports containing such compliance satisfies earnings statements satisfy all of the conditions of Rule 158 and if such earnings statement is deemed to have been made are available on the Commission’s 's Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”)System.

Appears in 1 contract

Samples: Underwriting Agreement (Cubic Corp /De/)

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, it being understood and agreed ; provided that (i) such earning statement delivery requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 thereof and (ii) such delivery requirements to the Representative shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”)System or on the Investor Relations portion of the Company’s corporate website.

Appears in 1 contract

Samples: Underwriting Agreement (Cree 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 (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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings earning statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXXEXXXX”).

Appears in 1 contract

Samples: Underwriting Agreement (Precigen, 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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXXEXXXX”).

Appears in 1 contract

Samples: Underwriting Agreement (Aptinyx 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, it being understood and agreed that such earning statement shall be deemed determined to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system System (“XXXXX”).

Appears in 1 contract

Samples: Underwriting Agreement (iTeos Therapeutics, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives Underwriter 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 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 and agreed provided, however, that (i) such earning statement requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (ii) such requirements to the Underwriter shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”)System or any successor system.

Appears in 1 contract

Samples: Underwriting Agreement (Clovis Oncology, 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; provided, it being understood and agreed however, that (1) such earning statement delivery requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (2) such delivery requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”)System.

Appears in 1 contract

Samples: Underwriting Agreement (IESI-BFC LTD)

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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”)system.

Appears in 1 contract

Samples: Underwriting Agreement (Grid Dynamics Holdings, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives Underwriters 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, it being understood and agreed ; provided that (i) such earning statement delivery requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 of the Commission and if (ii) such earnings statement is delivery requirements to the Underwriters shall be deemed met by the Company to have been made available the extent the related reports are filed on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”)system.

Appears in 1 contract

Samples: Underwriting Agreement (Costar Group, 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; provided, it being understood and agreed however, that (1) such earning statement delivery requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (2) such delivery requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”)System.

Appears in 1 contract

Samples: Underwriting Agreement (Teekay 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 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 and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”)system.

Appears in 1 contract

Samples: Underwriting Agreement (Nektar Therapeutics)

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, it being understood and agreed ; provided that (i) such earning statement requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (ii) such requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system System (“XXXXX”).

Appears in 1 contract

Samples: Underwriting Agreement (Archrock, Inc.)

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Earning Statement. The Company will make generally available to its security holders and the Representatives BAS 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, it being understood and agreed provided that (i) such earning statement delivery requirements to the Company’s shareholders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (ii) such delivery requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system System (“XXXXX”).

Appears in 1 contract

Samples: Underwriting Agreement (Nymex Holdings 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; provided, it being understood and agreed however, that (1) such earning statement delivery requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (2) such delivery requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”).

Appears in 1 contract

Samples: Underwriting Agreement (Energizer Holdings, 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; provided, it being understood and agreed however, that (1) such earning statement delivery requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (2) such delivery requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system System (“XXXXXXXXXX System”).

Appears in 1 contract

Samples: Underwriting Agreement (Allete Inc)

Earning Statement. The Company will make generally available to its security holders and the Representatives 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 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 and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Section 11(a) of the Securities Act and Rule 158 158, and if such earnings earning statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”).

Appears in 1 contract

Samples: Underwriting Agreement (TriVascular Technologies, 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; provided, it being understood and agreed however, that (1) such earning statement requirements to the Company’s security holders shall be deemed met by the Company’s compliance with its reporting requirements pursuant to have been made available the Exchange Act if such compliance satisfies all of the conditions and requirements of Rule 158 and (2) such requirements to the Representatives shall be deemed met by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if related reports containing such compliance satisfies the conditions of Rule 158 and if such earnings earning statement is deemed to have been made are available on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”)System.

Appears in 1 contract

Samples: Underwriting Agreement (ChemoCentryx, 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; provided, it being understood and agreed however, that (1) such earning statement delivery requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (2) such delivery requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”).

Appears in 1 contract

Samples: Underwriting Agreement (Energizer Holdings, 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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 and if such earnings earning statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”)) .

Appears in 1 contract

Samples: Underwriting Agreement (Xactly 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 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 and agreed ; provided that (i) such earning statement delivery requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 thereof and (ii) such delivery requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”)System.

Appears in 1 contract

Samples: Underwriting Agreement (Harman International Industries Inc /De/)

Earning Statement. The Company will make generally available to its security holders and the Representatives Placement Agent 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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”).

Appears in 1 contract

Samples: Placement Agency Agreement (Seres 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 158) of the Registration Statement, it being understood and agreed ; provided that (i) such earning statement delivery requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 of the Commission and if (ii) such earnings statement is delivery requirements to the Representatives shall be deemed met by the Company to have been made available the extent the related reports are filed on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”)system.

Appears in 1 contract

Samples: Underwriting Agreement (Costar Group, Inc.)

Earning Statement. The Company will make generally available to its security holders stockholders 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, it being understood and agreed provided, however, that (1) such earning statement requirements to the Company’s stockholders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (2) such requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”)System.

Appears in 1 contract

Samples: Underwriting Agreement (Pacific Biosciences of California 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, it being understood and agreed ; provided that (i) such earning statement delivery requirements to the Company’s security holders shall be deemed to have been made available satisfied by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (ii) such delivery requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data GatheringGather, Analysis, Analysis and Retrieval system System (“XXXXX”).

Appears in 1 contract

Samples: Underwriting Agreement (SWIFT TRANSPORTATION Co)

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 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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings earning statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”).

Appears in 1 contract

Samples: Underwriting Agreement (Intrexon 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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings earning statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”)EXXXX.

Appears in 1 contract

Samples: Underwriting Agreement (Corbus Pharmaceuticals Holdings, 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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if (i) the Company is in compliance incompliance with its reporting obligations pursuant to the Exchange Act, if (ii) such compliance satisfies the conditions of Rule 158 158, and if (iii) such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”).

Appears in 1 contract

Samples: Underwriting Agreement (Monte Rosa Therapeutics, 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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXXEXXXX”).

Appears in 1 contract

Samples: Underwriting Agreement (Aptinyx 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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXXEXXXX”).

Appears in 1 contract

Samples: Underwriting Agreement (Akoya Biosciences, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives 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 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 each of the Registration StatementStatements, it being understood and agreed provided, however, that (1) such earning statement requirements to the Company’s stockholders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (2) such requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”)System.

Appears in 1 contract

Samples: Underwriting Agreement (Clovis Oncology, 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, ; it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”)) or any successor thereto.

Appears in 1 contract

Samples: Underwriting Agreement (Freeline Therapeutics Holdings PLC)

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, it being understood and agreed that such earning earnings statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”).

Appears in 1 contract

Samples: Underwriting Agreement (Global Blood 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 158) of the Registration Statement, it being understood and agreed provided that (i) such earning statement delivery requirements to the Company’s shareholders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (ii) such delivery requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system System (‘‘XXXXX’’).

Appears in 1 contract

Samples: Underwriting Agreement (Aircastle LTD)

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, it being understood and agreed that such earning statement shall be deemed determined to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system System (“XXXXX”).

Appears in 1 contract

Samples: Underwriting Agreement (Alzamend Neuro, 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, it being understood and agreed that such earning earnings statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”).

Appears in 1 contract

Samples: Underwriting Agreement (Chegg, Inc)

Earning Statement. The Company will make generally available to its security holders and the Representatives Underwriter 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 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 and agreed provided, however, that (i) such earning statement requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (ii) such requirements to the Underwriter shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”)System.

Appears in 1 contract

Samples: Underwriting Agreement (Forum Energy Technologies, 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 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, it being understood and agreed provided that (i) such earning statement delivery requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 thereof and (ii) such delivery requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”)System.

Appears in 1 contract

Samples: Underwriting Agreement (Harman International Industries Inc /De/)

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, it being understood and agreed ; provided that such earning statement delivery requirements to the Company’s security holders and the Representative shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”)thereof.

Appears in 1 contract

Samples: Underwriting Agreement (Meritor Inc)

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