Common use of Earnings Statement Clause in Contracts

Earnings Statement. As soon as practicable and in any event no later than 15 months after the effective date of the Registration Statement, the Company will make generally available to its security holders and to the Representative an earnings statement (which need not be audited) covering a period of at least 12 months beginning after the effective date of the Registration Statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 29 contracts

Samples: Underwriting Agreement (Dragon Victory International LTD), Underwriting Agreement (Dragon Victory International LTD), Underwriting Agreement (FOTV Media Networks Inc.)

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Earnings Statement. As soon as practicable and in any event no later than 15 months after the effective date of the Registration Statement, the The Company will make generally available to its security holders and to the Representative an earnings statement (which need as soon as practicable, but in any event not be audited) covering a period of at least 12 later than 16 months beginning after the effective date of the Registration Statement that satisfies (as defined in Rule 158(c) under the provisions Securities Act), an earnings statement of the Company and its subsidiaries (which need not be audited) complying with Section 11(a) and Rule 158 of the Securities Act Act. The terms “earnings statement” and “make generally available to its security holders” shall have the meanings set forth in Rule 158 under the Securities Act.

Appears in 21 contracts

Samples: At the Market Sales Agreement (Barnes & Noble Education, Inc.), At the Market Sales Agreement (Inmune Bio, Inc.), Equity Distribution Agreement (NewLake Capital Partners, Inc.)

Earnings Statement. As soon as practicable and in any event no later than 15 months after the effective date of the Registration Statement, the Company will make generally available to its security holders and to the Representative an earnings statement (which need not be audited) covering a period of at least 12 twelve months beginning after the effective date of the Registration Statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 20 contracts

Samples: Underwriting Agreement (Derma Sciences, Inc.), Underwriting Agreement (Derma Sciences, Inc.), Underwriting Agreement (Derma Sciences, Inc.)

Earnings Statement. As soon as practicable and in any event no later than 15 months after the effective date of the Registration Statementpracticable, the Company will make generally available to its security holders and to the Representative Representatives an earnings statement (which need not be audited) covering a period of at least 12 twelve months beginning after the effective date of the Registration Statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 8 contracts

Samples: Underwriting Agreement (TTM Technologies Inc), Underwriting Agreement (Compass International Services Corp), Underwriting Agreement (Pain Therapeutics Inc)

Earnings Statement. As soon as practicable and practicable, but in any event no later than 15 months after the effective date of the Registration StatementStatement (as such date is defined in Rule 158(c) under the Securities Act), the Company will make generally available to its security holders and to the Representative an earnings statement (which need not be audited) covering a period of at least 12 months beginning after the effective date of the Registration Statement that satisfies the provisions of complying with Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder.

Appears in 7 contracts

Samples: Equity Distribution Agreement (Applied Optoelectronics, Inc.), Equity Distribution Agreement (Applied Optoelectronics, Inc.), Equity Distribution Agreement (Applied Optoelectronics, Inc.)

Earnings Statement. As soon as practicable and in any event no later than 15 months after the effective date of the Registration Statement, the Company will make generally available to its security holders and to the Representative Underwriter an earnings statement (which need not be audited) covering a period of at least 12 months beginning after the effective date of the Registration Statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 4 contracts

Samples: Underwriting Agreement (Fuqin Fintech LTD), Underwriting Agreement (Fuqin Fintech LTD), Underwriting Agreement (Code Rebel Corp)

Earnings Statement. As soon as practicable and in any event no later than 15 months after the effective date of the Registration Statement, the The Company will make generally available to its security holders and to the Representative an earnings statement (which need as soon as practicable, but in any event not be audited) covering a period of at least 12 later than twelve months beginning after the effective date of the Registration Statement that satisfies (as defined in Rule 158(c) under the provisions Securities Act), an earnings statement of the Company and the Subsidiaries (which need not be audited) complying with Section 11(a) of the Securities Act and Rule 158 under of the Securities ActCommission 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).

Appears in 3 contracts

Samples: Underwriting Agreement (Vitamin Shoppe, Inc.), Underwriting Agreement (Vitamin Shoppe, Inc.), Underwriting Agreement (Vs Holdings, Inc.)

Earnings Statement. As The Company will make generally available to its security holders, as soon as it is practicable and to do so, but in any event no not later than 15 months after the effective date of the Registration StatementStatement (as defined in Rule 158(c) under the Securities Act), the Company will make generally available to its security holders and to the Representative an earnings statement (which need not be audited) covering a period of at least 12 months beginning after in reasonable detail, complying with the effective date of the Registration Statement that satisfies the provisions requirements of Section 11(a) of the Securities Act and the Rule 158 under the Securities Act.

Appears in 3 contracts

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

Earnings Statement. As soon as practicable and in any event no later than 15 months after the effective date of the Registration Statementpracticable, the Company will make generally available to its security holders and to the Representative an earnings statement (which need not be audited) covering a the period of at least 12 months beginning after the effective date of the Registration Statement and that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 3 contracts

Samples: Underwriting Agreement (Pioneer Drilling Co), Underwriting Agreement (Pioneer Drilling Co), Underwriting Agreement (Pioneer Drilling Co)

Earnings Statement. As AS soon as practicable and in any event no later than 15 months after the effective date of the Registration Statementpracticable, the Company will make generally available to its security holders and to the Representative Representatives an earnings statement (which need not be audited) covering a period of at least 12 months beginning after the effective date of the Registration Statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 3 contracts

Samples: Underwriting Agreement (Ibasis Inc), Underwriting Agreement (Ibasis Inc), Underwriting Agreement (Ibasis Inc)

Earnings Statement. As soon as practicable and in any event no later than 15 months after the effective date of the Registration Statement, the Company will make generally available to its security holders and to the Representative Placement Agent an earnings statement (which need not be audited) covering a period of at least 12 months beginning after the effective date of the Registration Statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 3 contracts

Samples: Placement Agency Agreement (Akerna Corp.), Placement Agency Agreement (Adomani, Inc.), Placement Agency Agreement (Adomani, Inc.)

Earnings Statement. As soon as practicable and in any event no later than 15 months after the effective date of the Registration Statement, the The Company will make generally available to its security holders and holders, as soon as it is practicable to do so, but in any event not later than 15 months after the Representative Effective Date of the Registration Statement, an earnings statement (which need not be audited) in reasonable detail, covering a period of at least 12 consecutive months beginning after the effective date Effective Date of the Registration Statement that satisfies Statement, which earnings statement shall satisfy the provisions requirements of Section 11(a) of the Securities Act and Rule 158 under the Securities ActAct and will advise you in writing when such statement has been so made available.

Appears in 3 contracts

Samples: Underwriting Agreement (Trian Acquisition I Corp.), Underwriting Agreement (Trian Acquisition I Corp.), Underwriting Agreement (Trian Acquisition I Corp.)

Earnings Statement. As soon as practicable and reasonably practicable, but in any event no later than 15 fifteen months after the effective date of the Registration StatementStatement (as such date is defined in Rule 158(c) under the Securities Act), the Company will make generally available to its security holders and to the Representative an earnings statement (which need not be audited) covering a period of at least 12 twelve months beginning after with the effective date of the Registration Statement that satisfies which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Sabra Health Care REIT, Inc.), Underwriting Agreement (Sabra Health Care REIT, Inc.)

Earnings Statement. As soon as practicable and in any event no later than 15 months after the effective date of the Registration Statement, the The Company will make generally available (within the meaning of Section 11(a) of the Securities Act) to its security holders and to the Representative Underwriters as soon as practicable, but in any event not later than 45 days after the end of its fiscal quarter in which the first anniversary date of the date of the Prospectus occurs, an earnings earning statement of the Company and its subsidiaries (which need not be audited) complying with the provisions of Rule 158 under the Securities Act covering a period of at least 12 consecutive months beginning after the effective date of the Registration Statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities ActStatement.

Appears in 2 contracts

Samples: Underwriting Agreement (Iron Mountain Inc), Underwriting Agreement (Iron Mountain Inc)

Earnings Statement. As soon as practicable and in any event no but not later than 15 months after the effective date of the Registration Statement[ ], the Company will make generally available to its security holders and to the Representative Representatives an earnings statement (which need not be audited) ), covering a period of at least 12 months the twelve-month period beginning after the effective date of the Registration Statement Statement, that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Pomeroy Select Integration Solutions Inc)

Earnings Statement. As soon as practicable and practicable, but in any event no not later than 15 16 months after the effective date of the Registration StatementStatement (as defined in Rule 158(c) under the Act), the Company will make generally available to its security holders and to the Representative an earnings statement (which need not be audited) covering a period of at least 12 twelve months beginning with the first fiscal quarter of the Company occurring after the effective date of the Registration Statement that satisfies this Agreement which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Penford Corp)

Earnings Statement. As The Company will make generally available to its security holders (in the U.S. and Canada), as soon as it is practicable and to do so, but in any event no not later than 15 months after the effective date of the Registration StatementStatement (as defined in Rule 158(c) under the Securities Act), the Company will make generally available to its security holders and to the Representative an earnings statement (which need not be audited) in reasonable detail, covering a period of at least 12 months beginning after a 12-month period and complying with the effective date of the Registration Statement that satisfies the provisions requirements of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Cott Corp /Cn/)

Earnings Statement. As soon as practicable and in any event no later than 15 months after the effective date of the Registration Statement, the Company will make generally available to its security holders and to the Representative Underwriters an earnings statement (which need not be audited) covering a period of at least 12 months beginning after the effective date of the Registration Statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Fuqin Fintech LTD)

Earnings Statement. As soon as practicable and in any event no later than 15 months after the effective date of the Registration Statementpracticable, the Company will make generally available to its security holders and to the Representative an earnings statement (which need not be audited) covering a period of at least 12 twelve (12) months beginning after the effective date of the Registration Statement (as defined in Rule 158(c) under the Securities Act) that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Abiomed Inc)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event no not later than 15 eighteen (18) months after the effective date of the Registration Statement, the Company will make generally available to its security holders and to the Representative Underwriter an earnings statement (which need not be audited) statement, covering a period of at least 12 twelve (12) consecutive months beginning after the effective date of the Registration Statement Statement, that satisfies the provisions of Securities Act Section 11(a) of the Securities Act and Rule 158 under the Securities Act158.

Appears in 1 contract

Samples: Underwriting Agreement (Global Engine Group Holding LTD)

Earnings Statement. As soon as practicable and practicable, but in any event no not later than 15 months 45 days after the end of the Company's first quarter ending after one year following the "effective date of the Registration Statement" (as defined in Rule 158(a) of the Rules and Regulations), the Company will make generally available to its security holders and to the Representative Representatives an earnings statement (which need not be audited) covering a period of at least 12 twelve consecutive months beginning after the effective date of the Registration Statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (American Finance Group Inc /De/)

Earnings Statement. As soon as practicable and reasonably practicable, but in any event no later than 15 fifteen months after the effective date of the Registration StatementStatement (as such date is defined in Rule 158(c) under the Securities Act), the Company will make generally available to its security holders and to the Representative Representatives an earnings statement (which need not be audited) covering a period of at least 12 twelve months beginning after with the effective date of the Registration Statement that satisfies which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Sabra Health Care REIT, Inc.)

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Earnings Statement. As soon as practicable and practicable, but in any event no later than 15 sixteen months after the effective date of the Registration Statement, the Company will make generally available to its security holders and to the Representative Representatives an earnings statement (which need not be audited) covering a period of at least 12 twelve months beginning with the first fiscal quarter of the Company occurring after the effective date of the Registration Statement that satisfies which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Chefs' Warehouse Holdings, LLC)

Earnings Statement. As soon as practicable and practicable, but in any event no not later than 15 months 45 days after the end of the Company's first quarter ending after one year following the "effective date of the Registration Statement" (as defined in Rule 158(c) of the Rules and Regulations), the Company will make generally available to its security holders and to the Representative Representatives an earnings statement (which need not be audited) covering a period of at least 12 twelve consecutive months beginning after the effective date of the Registration Statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Concord Communications Inc)

Earnings Statement. As soon as practicable and in any event no later than 15 months after the effective date of the Registration Statementpracticable, the Company will make generally available to its security holders noteholders and to the Representative Representatives an earnings statement (which need not be auditedaudited and may be satisfied by a filing with the Commission’s EXXXX system) covering a period of at least 12 twelve (12) months beginning after the effective date of the Registration Statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (JMP Group Inc.)

Earnings Statement. As soon as practicable and in any event no later than 15 months after the effective date of the Registration Statement, the Company will make generally available to its security holders and to the Representative Underwriter an earnings statement (which need not be audited) covering a period of at least 12 twelve months beginning after the effective date of the Registration Statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Icop Digital, Inc)

Earnings Statement. As soon as practicable and practicable, but in any event no later than 15 12 months after the effective date of the Registration Statementthis Agreement, the Company will make generally available to its security holders and upon request to the Representative Placement Agent an earnings statement (which need not be audited) covering a period of at least 12 months beginning after the effective date of the Registration Statement that satisfies this Agreement which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder.

Appears in 1 contract

Samples: Placement Agency Agreement (Discovery Laboratories Inc /De/)

Earnings Statement. As soon as practicable and in any event no later than 15 months after the effective date of the Registration Statement, the The Company will make generally available to its security holders and to the Representative an earnings statement as soon as practicable, but in any event not later than eighteen (which need not be audited18) covering a period of at least 12 months beginning after the effective date of the Registration Statement that satisfies (as defined in Rule 158(c) under the provisions Securities Act), an earnings statement of the Company (which need not be audited) complying with Section 11(a) of the Securities Act and the rules and regulations thereunder (including, at the option of the Company, Rule 158 under the Securities Act158).

Appears in 1 contract

Samples: Underwriting Agreement (Ista Pharmaceuticals Inc)

Earnings Statement. As soon as practicable and in any event no later than 15 months after the effective date of the Registration Statementpracticable, the Company will make generally available to its security holders and to the Representative Representatives an earnings statement (which need not be audited) covering a period of at least 12 consecutive months beginning after the effective date of the Registration Statement that satisfies which will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actthereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Pathogenesis Corp)

Earnings Statement. As soon as practicable and in any event no later than 15 months after the effective date of the Registration Statement, the The Company will make generally available to its security holders and to the Representative an earnings statement (which need as soon as practicable, but in any event not be audited) covering a period of at least 12 later than 16 months beginning after the effective date of the Registration Statement that satisfies (as defined in Rule 158(c) under the provisions Securities Act), an earnings statement of the Company and its subsidiaries (which need not be audited) complying with Section 11(a) of the Securities Act and (including, at the option of the Company, under Rule 158 under the Securities Act158).

Appears in 1 contract

Samples: Sales Agreement (Watsco Inc)

Earnings Statement. As soon as practicable and reasonably practicable, but in any event no later than 15 fifteen months after the effective date of the Registration StatementStatement (as such date is defined in Rule 158(c) under the Securities Act), the Company will make generally available to its security holders and to the Representative [—] an earnings statement (which need not be audited) covering a period of at least 12 twelve months beginning after with the effective date of the Registration Statement that satisfies registration statement which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder.

Appears in 1 contract

Samples: Sales Agreement (Sabra Health Care REIT, Inc.)

Earnings Statement. As soon as practicable and in any event no later than 15 months after the effective date of the Registration Statementreasonably practicable, the Company will make generally available to its security holders securityholders and to the Representative Representatives an earnings statement (which need not be audited) covering a period of at least 12 twelve (12) months beginning after the effective date of the Registration Statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Delta Financial Corp)

Earnings Statement. As soon as practicable and in any event no later than 15 months after the effective date of the Registration Statementpracticable, the Company will make generally available to its security holders securityholders and to the Representative Representatives an earnings statement (which need not be auditedaudited and may be satisfied by a filing with the Commission’s XXXXX system) covering a period of at least 12 twelve (12) months beginning after the effective date of the Registration Statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (JMP Group Inc.)

Earnings Statement. As soon as practicable and in any event no later than 15 months after the effective date of the Registration Statementpracticable, the Company will make generally available to its security holders and to the Representative an earnings statement (which need not be audited) covering a period of at least 12 twelve-months beginning after the effective date of the Registration Statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Abgenix Inc)

Earnings Statement. As soon as practicable practicable, the Company will make generally available to its security holders and in any event to the Representatives an earnings statement (which need not be audited), no later than 15 months after the effective date of the Registration Statement, the Company will make generally available to its security holders and to the Representative an earnings statement (which need not be audited) covering a period of at least 12 consecutive months beginning after the effective date of the Registration Statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Ecollege Com)

Earnings Statement. As soon as practicable and in any event no later than 15 months after the effective date of the Registration Statementpracticable, the Company will make generally available to its security holders and to the Representative Underwriters an earnings statement (which need not be audited) covering a period of at least 12 twelve (12) months beginning after the effective date of the Registration Statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Redwood Trust Inc)

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