Common use of Earning Statements Clause in Contracts

Earning Statements. Otherwise use its best efforts to comply with all applicable rules and regulations of the SEC, and make generally available to its security holders, earnings statements satisfying the provision of Section 11(a) of the Securities Act, no later than 45 days after the end of each 12-month period (or 90 days after the end of each 12-month period, if such period is a fiscal year) (a) commencing at the end of any fiscal quarter in which Registrable Securities are sold to underwriters in a firm or best efforts underwritten offering; or (b) if not sold to underwriters in such an offering, beginning with the first month of the Company's first fiscal quarter commencing after the effective date of the Registration Statement, which statements shall cover each of such 12-month periods;

Appears in 1 contract

Samples: Registration Rights Agreement (Atlantic Gulf Communities Corp)

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Earning Statements. Otherwise use Use its best reasonable efforts to comply with all applicable rules and regulations of the SECCommission, and make generally available to its security holders, earnings statements satisfying the provision of Section 11(a) of the Securities Act, Act no later than 45 days after the end of each 12-month period (or 90 days after the end of each 12-month period, if such period is a fiscal yearyear end) (ai) commencing at the end of any fiscal quarter in which Registrable Securities are sold to underwriters in a firm or best efforts underwritten offering; , or (bii) if not sold to underwriters in such an offering, beginning with the first month of the Company's first fiscal quarter commencing after the effective date of the Registration Statement, which statements shall cover each of such 12-month periods;.

Appears in 1 contract

Samples: Registration Rights Agreement (Techteam Global Inc)

Earning Statements. Otherwise use Use its best reasonable efforts to comply with all applicable rules and regulations of the SECCommission, and make generally available to its security holders, earnings statements satisfying the provision of Section 11(a) of the Securities Act, Act no later than 45 days after the end of each 12-month period (or 90 days after the end of each 12-month period, if such period is a fiscal yearyear end) (ai) commencing at the end of any fiscal quarter in which Registrable Securities are sold to underwriters in a firm or best efforts underwritten offering; , or (bii) if not sold to underwriters in such an offering, beginning with the first month of the Company's ’s first fiscal quarter commencing after the effective date of the Registration Statement, which statements shall cover each of such 12-month periods;.

Appears in 1 contract

Samples: Registration Rights Agreement (Techteam Global Inc)

Earning Statements. Otherwise use its best reasonable efforts to comply with all applicable rules and regulations of the SEC, and make generally available to its security holders, earnings statements satisfying the provision of Section 11(a) of the Securities Act, Act no later than 45 days after the end of each 12-month period (or 90 days after the end of each 12-month period, if such period is a fiscal yearyear end) (ai) commencing at the end of any fiscal quarter in which Registrable Securities are sold to underwriters in a firm or best efforts underwritten offering; or (bii) if not sold to underwriters in such an offering, beginning with the first month of the Company's first fiscal quarter commencing after the effective date of the Registration Statement, which statements shall cover each of such 12-month periods;.

Appears in 1 contract

Samples: Series B Convertible Preferred Stock Purchase Agreement (Odyssey Marine Exploration Inc)

Earning Statements. Otherwise use Use its best reasonable efforts to comply with all applicable rules and regulations of the SEC, and make generally available to its security holders, earnings statements satisfying the provision of Section 11(a) of the Securities Act, Act no later than 45 days after the end of each 12-month period (or 90 days after the end of each 12-month period, if such period is a fiscal yearyear end) (ai) commencing at the end of any fiscal quarter in which Registrable Securities are sold to underwriters in a firm or best efforts underwritten offering; or (bii) if not sold to underwriters in such an offering, beginning with the first month of the Company's ’s first fiscal quarter commencing after the effective date of the Registration Statement, which statements shall cover each of such 12-month periods;.

Appears in 1 contract

Samples: Registration Rights Agreement (Lime Energy Co.)

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Earning Statements. Otherwise use its best efforts to comply ------------------ with all applicable rules and regulations of the SEC, and make generally available to its security holders, earnings statements satisfying the provision of Section 11(a) of the Securities Act, no later than 45 days after the end of each 12-month period (or 90 days after the end of each 12-month period, if such period is a fiscal year) (a) commencing at the end of any fiscal quarter in which Registrable Securities are sold to underwriters in a firm or best efforts underwritten offering; or (b) if not sold to underwriters in such an offering, beginning with the first month of the Company's first fiscal quarter commencing after the effective date of the Registration Statement, which statements shall cover each of such 12-month periods;

Appears in 1 contract

Samples: Registration Rights Agreement (Erols Internet Inc)

Earning Statements. Otherwise use its best ------------------ reasonable efforts to comply with all applicable rules and regulations of the SEC, and make generally available to its security holders, earnings statements satisfying the provision of Section 11(a) of the Securities Act, Act no later than 45 days after the end of each 12-month period (or 90 days after the end of each 12-12- month period, if such period is a fiscal yearyear end) (ai) commencing at the end of any fiscal quarter in which Registrable Securities are sold to underwriters in a firm or best efforts underwritten offering; or (bii) if not sold to underwriters in such an offering, beginning with the first month of the Company's first fiscal quarter commencing after the effective date of the Registration Statement, which statements shall cover each of such 12-month periods;.

Appears in 1 contract

Samples: Registration Rights Agreement (Macdougald Family Lp)

Earning Statements. Otherwise use its best reasonable efforts to ------------------ comply with all applicable rules and regulations of the SEC, and make generally available to its security holders, earnings statements satisfying the provision of Section 11(a) of the Securities Act, Act no later than 45 days after the end of each 12-month period (or 90 days after the end of each 12-month period, if such period is a fiscal yearyear end) (ai) commencing at the end of any fiscal quarter in which Registrable Securities are sold to underwriters in a firm or best efforts underwritten offering; or (bii) if not sold to underwriters in such an offering, beginning with the first month of the Company's first fiscal quarter commencing after the effective date of the Registration Statement, which statements shall cover each of such 12-month periods;.

Appears in 1 contract

Samples: Registration Rights Agreement (Macdougald Family Lp)

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