Earning Statement. The Company will make generally available to its security holders as soon as 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) and Rule 158 of the Securities Act.
Appears in 87 contracts
Samples: Sales Agreement (ProQR Therapeutics N.V.), Equity Distribution Agreement (Fat Brands, Inc), Sales Agreement (Crinetics Pharmaceuticals, Inc.)
Earning Statement. The Company will make generally available to its the Company’s security holders and to the Representatives as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, practicable an earning statement covering a 12-month period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the date of this Agreement that satisfies will satisfy the provisions of Section 11(a) and Rule 158 of the Securities 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 as soon as 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) and Rule 158 of the Securities Act; provided that the Company will be deemed to have furnished such statement to its security holders to the extent it is available on EXXXX.
Appears in 12 contracts
Samples: Sales Agreement (Sagimet Biosciences Inc.), Sales Agreement (Innovative Solutions & Support Inc), Sales Agreement (Momentus Inc.)
Earning Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not no later than 15 16 months after the end effective date of the Company’s current fiscal quarterRegistration Statement (as defined in Rule 158(c) under the Securities Act), 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 Securities ActCommission promulgated thereunder.
Appears in 10 contracts
Samples: Underwriting Agreement (Prudential Financial Inc), Underwriting Agreement (Prudential Financial Inc), Underwriting Agreement (Prudential Financial Inc)
Earning Statement. The Company will make generally available to its security holders as soon as 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) and Rule 158 of the Securities Act; provided that the Company will be deemed to have furnished such statement to its security holders to the extent it is available on XXXXX.
Appears in 8 contracts
Samples: Sales Agreement (SITIME Corp), Deposit Agreement (Bionomics Limited/Fi), Deposit Agreement (Bionomics Limited/Fi)
Earning Statement. The To the extent not otherwise available on XXXXX, the Company will make generally available to its security holders as soon as 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) and Rule 158 of the Securities Act.
Appears in 8 contracts
Samples: Sales Agreement (Caledonia Mining Corp PLC), Sales Agreement (Ocugen, Inc.), Sales Agreement (CohBar, Inc.)
Earning Statement. The Company will make generally available to its security holders (including holders of the Securities) and the Representatives as soon as practicable, but in any event not later than 15 sixteen months after the end effective date of the Company’s current fiscal quarterRegistration Statement (as defined in Rule 158(c) under the Securities Act), an earning statement covering a 12-month period that satisfies (which need not be audited) of the provisions of Company and its subsidiaries, complying with Section 11(a) and Rule 158 of the Securities ActAct and the rules and regulations thereunder (including Rule 158).
Appears in 7 contracts
Samples: Underwriting Agreement (Fifth Third Bancorp), Underwriting Agreement (Fifth Third Bancorp), Underwriting Agreement (Fifth Third Bancorp)
Earning Statement. The To the extent not available on XXXXX, the Company will make generally available to its security holders as soon as 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) and Rule 158 of the Securities Act.
Appears in 6 contracts
Samples: Sales Agreement (Stoke Therapeutics, Inc.), Sales Agreement (Zosano Pharma Corp), Sales Agreement (CONTRAFECT Corp)
Earning Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earning statement of the Company covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.
Appears in 4 contracts
Samples: Sales Agreement (BOSTON OMAHA Corp), BOSTON OMAHA Corp, BOSTON OMAHA Corp
Earning Statement. The Company will make generally available to its security holders as soon as 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) and Rule 158 of the Securities Act, which requirement may be satisfied by publicly filing the required information on XXXXX.
Appears in 4 contracts
Samples: Sales Agreement (BioCardia, Inc.), Riot Platforms, Inc., Riot Platforms, Inc.
Earning Statement. The Company will make generally available to its security holders and the Underwriters as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earning earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Securities Act.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 as soon as practicable, but in any event not later than 15 months after the end of the Company’s 's current fiscal quarter, an earning statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.
Appears in 3 contracts
Samples: Sales Agreement (Energy Fuels Inc), Sales Agreement (Energy Fuels Inc), Portage Biotech Inc.
Earning Statement. The Company will make generally available to its security holders as soon as 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) and Rule 158 of the Securities Act; provided, that the Company will be deemed to have furnished such statement to its security holders to the extent it is available on XXXXX.
Appears in 3 contracts
Samples: Sales Agreement (Enovix Corp), Sales Agreement (Volta Inc.), Mind Medicine (MindMed) Inc.
Earning Statement. The Company will make generally available to its security holders as soon as 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) and Rule 158 of the Securities Act; provided, that the Company will be deemed to have furnished such statement to its security holders to the extent it is available on EXXXX.
Appears in 3 contracts
Samples: Sales Agreement (Mind Medicine (MindMed) Inc.), Sales Agreement (Hepion Pharmaceuticals, Inc.), Sales Agreement (Sanara MedTech Inc.)
Earning Statement. The Company will make generally available to its security holders as soon as 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) and Rule 158 of the Securities Act; provided that the Company will be deemed to have made available such statement to its security holders at the time and to the extent it is available on XXXXX.
Appears in 3 contracts
Samples: Sales Agreement (Desktop Metal, Inc.), Lyra Therapeutics, Inc., Lyra Therapeutics, Inc.
Earning Statement. The Company will make generally available to its security holders as soon as 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) and Rule 158 of the Securities Act; provided, however, that the Company shall be deemed to satisfy this Section 7(f) through public filings made by the Company using the EXXXX system.
Appears in 2 contracts
Samples: Sales Agreement (Cognition Therapeutics Inc), Sales Agreement (Cognition Therapeutics Inc)
Earning Statement. The To the extent not otherwise available on EXXXX, the Company will make generally available to its security holders as soon as 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) and Rule 158 of the Securities Act.
Appears in 2 contracts
Samples: Sales Agreement (ClearSign Technologies Corp), Sales Agreement (Ekso Bionics Holdings, Inc.)
Earning Statement. The Company will make generally available to its security holders and to the Representative as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, practicable an earning statement (which need not be audited) covering a 12-month period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that satisfies will satisfy the provisions of Section 11(a) and Rule 158 of the Securities ActAct and the rules and regulations of the Commission thereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (Minerva Neurosciences, Inc.), Underwriting Agreement (Minerva Neurosciences, Inc.)
Earning Statement. The Company will make generally available to its security holders holders, as soon as 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) and Rule 158 of the Securities Act.
Appears in 2 contracts
Samples: Sales Agreement (Zynerba Pharmaceuticals, Inc.), Zynerba Pharmaceuticals, Inc.
Earning Statement. The Company will make generally available to its security holders as soon as 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 and Rule 158 of under the Securities Act.
Appears in 2 contracts
Samples: Sales Agreement (Alx Oncology Holdings Inc), Sales Agreement (Pliant Therapeutics, Inc.)
Earning Statement. The To the extent not available on EXXXX, the Company will make generally available to its security holders as soon as 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) and Rule 158 of the Securities Act.
Appears in 2 contracts
Samples: Sales Agreement (Entasis Therapeutics Holdings Inc.), Sales Agreement (Anavex Life Sciences Corp.)
Earning Statement. The Company will make generally available to its security holders as soon as 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) and Rule 158 of the Securities Act; provided, however, that the filings available on EXXXX will be considered generally available for the purposes of this Section 7(f).
Appears in 1 contract
Samples: PetVivo Holdings, Inc.
Earning Statement. The Company will make generally available to its security holders as soon as 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) and Rule 158 of the Securities ActAct (provided, however, that filings made on the Commission’s XXXXX system will be considered generally available for the purposes of this Section 7(f)).
Appears in 1 contract
Samples: Red Cat Holdings, Inc.
Earning Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 fifteen (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) and Rule 158 of the Securities Act.; provided, that the Company will be deemed to have furnished such statement to its security holders to the extent it is available on XXXXX;
Appears in 1 contract
Samples: Perpetua Resources Corp.
Earning Statement. The Company will make generally available to its security holders as soon as 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) and Rule 158 of under the Securities Act; provided that the Company will be deemed to have furnished such statement to its security holders to the extent it is available on XXXXX.
Appears in 1 contract
Samples: Sales Agreement (Bridger Aerospace Group Holdings, Inc.)
Earning Statement. The Company will make generally available to its security holders as soon as 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) and Rule 158 of the Securities ActAct Regulations.
Appears in 1 contract
Earning Statement. The Company will make generally available (via XXXXX or otherwise in writing) to its security holders as soon as 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) and Rule 158 of the Securities Act.
Appears in 1 contract
Earning Statement. The To the extent not available on XXXXX, the Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earning earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.
Appears in 1 contract
Earning Statement. The Company will make generally available to its security holders as soon as 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) and Rule 158 of the Securities Act.. 4718984.1
Appears in 1 contract
Samples: HeartBeam, Inc.
Earning Statement. The To the extent not otherwise available on EDGAR, the Company will make generally available to its security holders as soon as 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) and Rule 158 of the Securities Act.
Appears in 1 contract
Samples: Sales Agreement (Rumble Inc.)
Earning Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 fifteen (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) and Rule 158 of the Securities Act.
Appears in 1 contract
Samples: Oramed Pharmaceuticals Inc.
Earning Statement. The Company will make generally available to its security holders as soon as 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 Securities ActAct Regulations.
Appears in 1 contract
Earning Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earning earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.
Appears in 1 contract
Samples: Tetraphase Pharmaceuticals Inc
Earning Statement. The Company will make generally available to its security holders as soon as 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) and Rule 158 of the Securities Act, provided that the Company will be deemed to have complied with such requirement by filing such earning statement on XXXXX.
Appears in 1 contract
Samples: MAIA Biotechnology, Inc.
Earning Statement. The Company will make generally available to its security holders as soon as 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) and Rule 158 of the Securities Act. The Company’s compliance with the periodic reporting requirements of the Exchange Act shall be deemed to satisfy the requirements of this Section 7(f).
Appears in 1 contract
Samples: Sales Agreement (Nyxoah SA)
Earning Statement. The Company will make generally available to its security holders as soon as 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) and Rule 158 of the Securities Act. The Company’s compliance with the periodic reporting requirements of the Exchange Act shall be deemed to satisfy the requirements of this Section 8(f).
Appears in 1 contract
Earning Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earning statement (which need not be audited) covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of under the Securities Act; provided that the Company will be deemed to have made available such statement to its security holders at the time and to the extent it is available on XXXXX or any successor system.
Appears in 1 contract
Earning Statement. The As soon as practicable, but not later than 16 months, after the date of this Agreement, the Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, securityholders an earning earnings statement covering a 12-month period that satisfies of at least 12 months beginning after the date of this Agreement and satisfying the provisions of Section 11(a) of the Act and Rule 158 of the Securities Act158.
Appears in 1 contract
Earning Statement. The Company will make generally available to its security holders as As soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, the Company will make generally available to holders of its securities and deliver to the Placement Agent, an earning statement covering a 12-month period of the Company (which need not be audited) that satisfies will satisfy the provisions of Section 11(a) and Rule 158 of the Securities Act.
Appears in 1 contract
Samples: Placement Agency Agreement (Oxygen Biotherapeutics, Inc.)
Earning Statement. The Company will make generally available to its security holders as soon as 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) and Rule 158 of the Securities ActAct and Securities Act Regulations, respectively, which requirement may be satisfied by publicly filing the required information on XXXXX.
Appears in 1 contract
Earning Statement. The To the extent not otherwise available on XXXXX, the Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s 's current fiscal quarter, an earning statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.
Appears in 1 contract
Earning Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, practicable an earning statement (which need not be audited) covering a 12-month period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that satisfies will satisfy the provisions of Section 11(a) and Rule 158 of the Securities ActAct and the rules and regulations of the Commission thereunder.
Appears in 1 contract
Samples: Underwriting Agreement (Minerva Neurosciences, Inc.)
Earning Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, practicable an earning statement covering a 12twelve-month period that satisfies beginning after the date of this Agreement, which shall satisfy the provisions of Section 11(a) and Rule 158 of the Securities Act.
Appears in 1 contract
Earning Statement. The As soon as practicable, but not later than 16 months, after the date of this Agreement, the Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, securityholders an earning earnings statement covering a 12-month period that satisfies of at least 12 months beginning after the date of this Agreement and satisfying the provisions of Section 11(a) of the Securities Act and Rule 158 of the Securities ActCommission promulgated thereunder.
Appears in 1 contract
Earning Statement. The To the extent not available on XXXXX, the Company will make generally available to its security holders as soon as 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) and Rule 158 of the Securities Act. (g) Use of Proceeds. The Company will use the Net Proceeds as described in the Prospectus in the section entitled “Use of Proceeds.”
Appears in 1 contract
Samples: BigBear.ai Holdings, Inc.
Earning Statement. The To the extent not otherwise available on EXXXX, the Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earning earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.
Appears in 1 contract
Earning Statement. The To the extent such document is not available on EXXXX, the Company will make generally available to its security holders as soon as 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) and Rule 158 of the Securities Act.
Appears in 1 contract
Earning Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earning statement (which need not be audited) covering a 12-month period that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of under the Securities ActAct Regulations; provided that the Company will be deemed to have made available such statement to its security holders at the time and to the extent it is available on XXXXX or any successor system.
Appears in 1 contract
Earning Statement. The Company will make generally available to its security holders as soon as 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) and Rule 158 of the Securities ActAct (provided, however, that filings made on the Commission’s EXXXX system will be considered generally available for the purposes of this Section 7(f)).
Appears in 1 contract
Samples: EzFill Holdings Inc
Earning Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s 's current fiscal quarter, an earning statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act; provided, however, that the filings available on XXXXX will be considered generally available for the purposes of this Section 7(f).
Appears in 1 contract
Samples: Snow Lake Resources Ltd.
Earning Statement. The Company will make generally available to its security holders as soon as 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) and Rule 158 of the Securities Act, which requirement may be satisfied by publicly filing the required information on IDEA.
Appears in 1 contract
Samples: VirnetX Holding Corp
Earning Statement. The Company will make generally available to its security holders as soon as 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) and Rule 158 of the Securities Act.; provided, that the Company will be deemed to have furnished such statement to its security holders to the extent it is available on XXXXX..
Appears in 1 contract
Earning Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earning earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act; provided that the Company will be deemed to have furnished such statement to its security holders to the extent it is available on XXXXX.
Appears in 1 contract
Samples: Clearside Biomedical, Inc.
Earning Statement. The Company will make generally available to its security holders as soon as 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) and Rule 158 of the Securities Act.; provided, that the Company will be deemed to have furnished such statement to its security holders to the extent it is available on XXXXX. (g)
Appears in 1 contract
Samples: Loan Agreement (Volta Inc.)
Earning Statement. The Company will make generally available to its security holders as soon as 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) and Rule 158 of the Securities Act, provided that the Company will be deemed to have furnished such statements to its security holders and the Agents to the extent such statements are filed on XXXXX.
Appears in 1 contract
Earning Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earning statement (which need not be audited) covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act; provided that the Company will be deemed to have made available such statement to its security holders at the time and to the extent it is available on XXXXX or any successor system.
Appears in 1 contract
Samples: Disc Medicine, Inc.