Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 263 contracts
Samples: Underwriting Agreement (RadNet, Inc.), Underwriting Agreement (Celldex Therapeutics, Inc.), Underwriting Agreement (Astria Therapeutics, Inc.)
Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Agent an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules and regulations of the Commission thereunderSecurities Act.
Appears in 207 contracts
Samples: Open Market Sale (AC Immune SA), Open Market Sale (Avadel Pharmaceuticals PLC), Open Market Sale (Vivani Medical, Inc.)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives Representative as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 126 contracts
Samples: Underwriting Agreement (Dorian LPG Ltd.), Underwriting Agreement (Corbus Pharmaceuticals Holdings, Inc.), Underwriting Agreement (Esperion Therapeutics, Inc.)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives Representative as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 101 contracts
Samples: Underwriting Agreement (USA Acquisition Corp.), Underwriting Agreement (LF Capital Acquisition Corp. II), Underwriting Agreement (Hunt Companies Acquisition Corp. I)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be auditedthat 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 commencing occurring after the date of this Agreement that will satisfy the provisions of Section 11(a“effective date” (as defined in Rule 158) of the Securities Act and the rules and regulations of the Commission thereunderRegistration Statement.
Appears in 87 contracts
Samples: Underwriting Agreement (Ares Management Corp), Underwriting Agreement (Heico Corp), Underwriting Agreement (Ares Management Corp)
Earnings Statement. The As soon as reasonably practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Agent an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules and regulations of the Commission thereunderSecurities Act.
Appears in 27 contracts
Samples: Sales Agreement (ImmunoPrecise Antibodies Ltd.), Open Market Sale (ImmunoPrecise Antibodies Ltd.), Open Market Sale (Protagonist Therapeutics, Inc)
Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Representative an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will satisfy “effective date” (as defined in Rule 158 under the provisions of Section 11(aSecurities Act) of the Securities Act and the rules and regulations of the Commission thereunderRegistration Statement.
Appears in 26 contracts
Samples: Underwriting Agreement (Penske Automotive Group, Inc.), Underwriting Agreement (Penske Automotive Group, Inc.), Underwriting Agreement (Celanese Corp)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 25 contracts
Samples: Underwriting Agreement (Authentic Equity Acquisition Corp.), Underwriting Agreement (Live Oak Acquisition Corp II), Underwriting Agreement (Live Oak Acquisition Corp II)
Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will satisfy “effective date” (as defined in Rule 158 under the provisions of Section 11(aSecurities Act) of the Securities Act and the rules and regulations of the Commission thereunderRegistration Statement.
Appears in 24 contracts
Samples: Underwriting Agreement (SM Energy Co), Underwriting Agreement (Activision Blizzard, Inc.), Underwriting Agreement (Celanese Corp)
Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Agent an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules and regulations of Securities Act, which requirement may be satisfied by publicly filing the Commission thereunderrequired information on XXXXX.
Appears in 22 contracts
Samples: Open Market Sale (Alvotech), Equity Offeringsm Sales Agreement (Janux Therapeutics, Inc.), Open Market Sale (Augmedix, Inc.)
Earnings Statement. The As soon as practicable, but in any event no later than twelve months after the date of this Agreement, the Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 19 contracts
Samples: Underwriting Agreement (RCS Capital Corp), Underwriting Agreement (Celldex Therapeutics, Inc.), Underwriting Agreement (Celldex Therapeutics, Inc.)
Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Agent an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules Securities Act; provided that the Company will be deemed to have furnished such statement to its security holders and regulations of the Commission thereunderAgent to the extent they are filed on XXXXX or any successor system.
Appears in 19 contracts
Samples: Open Market Sale (Liquidia Technologies Inc), Open Market Sale Agreement (Turning Point Therapeutics, Inc.), Equillium, Inc.
Earnings Statement. The As soon as practicable, but in any event no later than twelve months after the date of this Agreement, the Company will make generally available to its security holders and to the Representatives as soon as practicable Representative an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 19 contracts
Samples: Underwriting Agreement (Cachet Financial Solutions, Inc.), Underwriting Agreement (Cachet Financial Solutions, Inc.), Underwriting Agreement (Cachet Financial Solutions, Inc.)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives Underwriter as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 17 contracts
Samples: Underwriting Agreement (Collegium Pharmaceutical, Inc), Underwriting Agreement (Transenterix, Inc.), Underwriting Agreement (Senseonics Holdings, Inc.)
Earnings Statement. The Company will make generally available (which may be satisfied by filing with EXXXX) to its security holders and to the Representatives Representative as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 16 contracts
Samples: Underwriting Agreement (Esperion Therapeutics, Inc.), Underwriting Agreement (Outlook Therapeutics, Inc.), Underwriting Agreement (AzurRx BioPharma, Inc.)
Earnings Statement. The Company will make generally available (which may be satisfied by filing with XXXXX) to its security holders and to the Representatives Representative as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 15 contracts
Samples: Lock Up Agreement (iBio, Inc.), Underwriting Agreement (PharmaCyte Biotech, Inc.), Underwriting Agreement (Allena Pharmaceuticals, Inc.)
Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Agents an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules and regulations of the Commission thereunderSecurities Act.
Appears in 10 contracts
Samples: Equity Distribution Agreement (Tilray Brands, Inc.), Equity Distribution Agreement (BridgeBio Pharma, Inc.), Sales Agreement (Aclaris Therapeutics, Inc.)
Earnings Statement. The As soon as reasonably practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Underwriters an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will satisfy “effective date” (as defined in Rule 158 under the provisions of Section 11(aSecurities Act) of the Securities Act and the rules and regulations of the Commission thereunderRegistration Statement.
Appears in 9 contracts
Samples: Underwriting Agreement (Cit Group Inc), Underwriting Agreement (Cit Group Inc), Underwriting Agreement (Cit Group Inc)
Earnings Statement. The As soon as practicable, but in any event no later than 18 months after the date of this Agreement, the Company will make generally available to its security holders and to the Representatives as soon as practicable Co-Lead Underwriters an earnings statement (which need not be audited) covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission SEC thereunder.
Appears in 9 contracts
Samples: Underwriting Agreement (Denison Mines Corp.), Underwriting Agreement (GREAT PANTHER MINING LTD), Underwriting Agreement (Avino Silver & Gold Mines LTD)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives Underwriters as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 8 contracts
Samples: Underwriting Agreement (Auris Medical Holding Ltd.), Underwriting Agreement (Auris Medical Holding Ltd.), Underwriting Agreement (Auris Medical Holding Ltd.)
Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will Agreement, which shall satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 8 contracts
Samples: Underwriting Agreement (Exact Sciences Corp), Underwriting Agreement (Exact Sciences Corp), Underwriting Agreement (Exact Sciences Corp)
Earnings Statement. The As soon as practicable, but in any event no later than twelve months after the date of this Agreement, the Company will make generally available to its security holders and to the Representatives as soon as practicable Underwriter an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 8 contracts
Samples: Underwriting Agreement (Igate Corp), Underwriting Agreement (Halozyme Therapeutics Inc), Underwriting Agreement (Satcon Technology Corp)
Earnings Statement. The Company will make generally available to its security holders shareholders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 8 contracts
Samples: Underwriting Agreement (Omega Alpha SPAC), Underwriting Agreement (Omega Alpha SPAC), Underwriting Agreement (ARYA Sciences Acquisition Corp V)
Earnings Statement. The Company will make generally available to its security holders securityholders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 8 contracts
Samples: Underwriting Agreement (Celcuity Inc.), Underwriting Agreement (Reneo Pharmaceuticals, Inc.), Underwriting Agreement (Reneo Pharmaceuticals, Inc.)
Earnings Statement. The Company will make generally available to its security holders stockholders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 7 contracts
Samples: Underwriting Agreement (Immune Design Corp.), Underwriting Agreement (Immune Design Corp.), Underwriting Agreement (Immune Design Corp.)
Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable each Agent an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules and regulations of the Commission thereunderSecurities Act.
Appears in 7 contracts
Samples: Open Market Sale Agreement (Ardmore Shipping Corp), Open Market Sale Agreement (Ardmore Shipping Corp), Open Market Sale Agreement (Ardmore Shipping Corp)
Earnings Statement. The Company will make generally available (which may be satisfied by filing with XXXXX) to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 7 contracts
Samples: Underwriting Agreement (Pacific Biosciences of California, Inc.), Scilex Holding Co, Underwriting Agreement (Aptose Biosciences Inc.)
Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Representative an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 7 contracts
Samples: Underwriting Agreement (Biosante Pharmaceuticals Inc), Underwriting Agreement (Gulfport Energy Corp), Underwriting Agreement (Sanders Morris Harris Group Inc)
Earnings Statement. The Company will make generally available to its security holders shareholders and to the Representatives Representative as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 6 contracts
Samples: Underwriting Agreement (Perceptive Capital Solutions Corp), Underwriting Agreement (Perceptive Capital Solutions Corp), Underwriting Agreement (Helix Acquisition Corp)
Earnings Statement. The Company will make generally available (which may be satisfied by filing with EXXXX) to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 6 contracts
Samples: Underwriting Agreement (Pacific Biosciences of California, Inc.), Underwriting Agreement (VBI Vaccines Inc/Bc), Underwriting Agreement (VBI Vaccines Inc/Bc)
Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a the twelve-month period of at least twelve months beginning with the first fiscal quarter of the Company commencing after ending the date of this Agreement the end of the first quarter ending one year following the effective date that will satisfy satisfies the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunderAct.
Appears in 6 contracts
Samples: Underwriting Agreement (Chordiant Software Inc), Underwriting Agreement (Extricity Inc), Underwriting Agreement (Keynote Systems Inc)
Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Underwriter an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 6 contracts
Samples: Underwriting Agreement (Gulf Island Fabrication Inc), Underwriting Agreement (Gulfmark Offshore Inc), Underwriting Agreement (Gulfport Energy Corp)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder, which requirement may be satisfied by publicly filing the required information on EXXXX.
Appears in 6 contracts
Samples: Underwriting Agreement (Ocular Therapeutix, Inc), Underwriting Agreement (Ocular Therapeutix, Inc), Underwriting Agreement (Ocular Therapeutix, Inc)
Earnings Statement. The As soon as practicable, but in any event no later than 18 months after the date of this Agreement, the Company will make generally available to its security holders and to the Representatives as soon as practicable Lead Underwriter an earnings statement (which need not be audited) covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission SEC thereunder.
Appears in 6 contracts
Samples: Underwriting Agreement (Western Copper & Gold Corp), Underwriting Agreement (Draganfly Inc.), Underwriting Agreement (GREAT PANTHER MINING LTD)
Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 5 contracts
Samples: Underwriting Agreement (Mercury Computer Systems Inc), Underwriting Agreement (Edgen Group Inc.), Underwriting Agreement (Power Medical Interventions, Inc.)
Earnings Statement. The As soon as reasonably practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Agents an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules and regulations of the Commission thereunderSecurities Act.
Appears in 5 contracts
Samples: Sales Agreement (MICROSTRATEGY Inc), Sales Agreement (MICROSTRATEGY Inc), Sales Agreement (MICROSTRATEGY Inc)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve (12) months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 5 contracts
Samples: Underwriting Agreement (Scholar Rock Holding Corp), Underwriting Agreement, Underwriting Agreement (UroGen Pharma Ltd.)
Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Agent an earnings statement (which need not be audited) covering a period of at least twelve (12) months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules and regulations of the Commission thereunderSecurities Act.
Appears in 5 contracts
Samples: Open Market Sale (Selecta Biosciences Inc), Open Market Sale (Selecta Biosciences Inc), Sales Agreement (Selecta Biosciences Inc)
Earnings Statement. The Company will make generally available to its security holders stockholders and to the Representatives Representative as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 5 contracts
Samples: Underwriting Agreement (Foresite Life Sciences Corp.), Underwriting Agreement (FS Development Corp. II), Underwriting Agreement (FS Development Corp.)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives Representative as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunderthereunder (including Rule 158 under the Securities Act).
Appears in 5 contracts
Samples: Underwriting Agreement (Manchester United PLC), Underwriting Agreement (Manchester United PLC), Underwriting Agreement (Manchester United PLC)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations Rule 158 of the Commission promulgated thereunder.
Appears in 5 contracts
Samples: Underwriting Agreement (Dicerna Pharmaceuticals Inc), Underwriting Agreement (Dicerna Pharmaceuticals Inc), Underwriting Agreement (Amag Pharmaceuticals Inc.)
Earnings Statement. The Company will promptly make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 5 contracts
Samples: Underwriting Agreement (Heron Therapeutics, Inc. /De/), Underwriting Agreement (Heron Therapeutics, Inc. /De/), Underwriting Agreement (La Jolla Pharmaceutical Co)
Earnings Statement. The As soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter as of the date of this Agreement, the Company will make generally available to its security holders and to the Representatives as soon as practicable Agent an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules and regulations of the Commission thereunderSecurities Act.
Appears in 5 contracts
Samples: Open Market Sale (Ardelyx, Inc.), Ardelyx, Inc., Odonate Therapeutics, Inc.
Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Representative an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will Agreement, which shall satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 5 contracts
Samples: Underwriting Agreement (Exact Sciences Corp), Underwriting Agreement (Exact Sciences Corp), Underwriting Agreement (Exact Sciences Corp)
Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Underwriter an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will satisfy “effective date” (as defined in Rule 158 under the provisions of Section 11(aSecurities Act) of the Securities Act and the rules and regulations of the Commission thereunderRegistration Statement.
Appears in 5 contracts
Samples: Agreement (Graphic Packaging Holding Co), Agreement (Graphic Packaging Holding Co), Agreement (Graphic Packaging Holding Co)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives Representative as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder, which requirement may be satisfied by publicly filing the required information on XXXXX.
Appears in 5 contracts
Samples: Underwriting Agreement (PDS Biotechnology Corp), Underwriting Agreement (Soliton, Inc.), Scilex Holding Co
Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunderthereunder (including Rule 158 under the Securities Act).
Appears in 4 contracts
Samples: Underwriting Agreement (Manchester United PLC), Underwriting Agreement (Stalwart Tankers Inc.), Underwriting Agreement (Navigator Holdings Ltd.)
Earnings Statement. The As soon as practicable, but in any event no later than fourteen months after the date of this Agreement, the Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 4 contracts
Samples: Underwriting Agreement (Chuy's Holdings, Inc.), Underwriting Agreement (Chuy's Holdings, Inc.), Underwriting Agreement (Chuy's Holdings, Inc.)
Earnings Statement. The Company will promptly make generally available to its security holders and to the Representatives as soon as practicable Representative an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 4 contracts
Samples: Underwriting Agreement (Heron Therapeutics, Inc. /De/), Underwriting Agreement (La Jolla Pharmaceutical Co), Underwriting Agreement (Heron Therapeutics, Inc. /De/)
Earnings Statement. The As soon as reasonably practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will satisfy “effective date” (as defined in Rule 158 under the provisions of Section 11(aSecurities Act) of the Securities Act and the rules and regulations of the Commission thereunderRegistration Statement.
Appears in 4 contracts
Samples: Underwriting Agreement (Cit Group Inc), Underwriting Agreement (Cit Group Inc), Underwriting Agreement (Cit Group Inc)
Earnings Statement. (A) The Company will make generally available to its security holders and to the Representatives Agent as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 4 contracts
Samples: Open Market Sale Agreement (National Storage Affiliates Trust), Open Market Sale Agreement (National Storage Affiliates Trust), Open Market Sale Agreement (National Storage Affiliates Trust)
Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Representative an earnings statement (which need not be audited) covering a the twelve-month period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will satisfy satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules and regulations of the Commission thereunderSecurities Act.
Appears in 4 contracts
Samples: Underwriting Agreement (Allis Chalmers Energy Inc.), Underwriting Agreement (Allis Chalmers Energy Inc.), Underwriting Agreement (Allis Chalmers Energy Inc.)
Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Agent an earnings statement (which need not be audited) covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules and regulations of the Commission thereunderSecurities Act.
Appears in 4 contracts
Samples: Open Market Sale (Milestone Pharmaceuticals Inc.), Open Market Sale (Sangamo Therapeutics, Inc), Contango Oil & Gas Co
Earnings Statement. The Company will make generally available to its security holders and to the Representatives Representative as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will if necessary to satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 4 contracts
Samples: Underwriting Agreement (Progenics Pharmaceuticals Inc), Underwriting Agreement (Progenics Pharmaceuticals Inc), Underwriting Agreement (TCV v Lp)
Earnings Statement. The As soon as practicable, the Company will make generally available to holders of its security holders securities and deliver to the Representatives as soon as practicable Placement Agents, an earnings statement of the Company (which need not be audited) covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules Rules and regulations Regulations (including, at the option of the Commission thereunderCompany, Rule 158).
Appears in 4 contracts
Samples: Placement Agency Agreement (Houston American Energy Corp), Placement Agency Agreement (BPZ Resources, Inc.), Placement Agency Agreement (Headwaters Inc)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules Rules and regulations of the Commission thereunderRegulations.
Appears in 4 contracts
Samples: Underwriting Agreement (Fate Therapeutics Inc), Underwriting Agreement (Fate Therapeutics Inc), Underwriting Agreement (Fate Therapeutics Inc)
Earnings Statement. The As soon as practicable, but in any event not later than 16 months after the date of this Agreement, the Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 4 contracts
Samples: Underwriting Agreement (Inverness Medical Innovations Inc), Underwriting Agreement (Inverness Medical Innovations Inc), Underwriting Agreement (Inverness Medical Innovations Inc)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder, which requirement may be satisfied by publicly filing the required information on XXXXX.
Appears in 3 contracts
Samples: Underwriting Agreement (Xeris Pharmaceuticals Inc), Underwriting Agreement (Xeris Pharmaceuticals Inc), Underwriting Agreement (Xeris Pharmaceuticals Inc)
Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Sales Agent an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules and regulations of the Commission thereunderSecurities Act.
Appears in 3 contracts
Samples: Open Market Sale Agreement (Trinity Capital Inc.), Open Market Sale (Trinity Capital Inc.), Open Market Sale (Trinity Capital Inc.)
Earnings Statement. The Company will make generally available to its security holders securityholders and to the Representatives as soon as practicable through filings under the Exchange Act an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 3 contracts
Samples: Underwriting Agreement (Mesa Laboratories Inc /Co), Credit Agreement (Mesa Laboratories Inc /Co), Underwriting Agreement (Mesa Laboratories Inc /Co)
Earnings Statement. The As soon as practicable, but in any event no later than sixteen months after the date of this Agreement, the Company will make generally available to its security holders and to the Representatives as soon as practicable Underwriter an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 3 contracts
Samples: Underwriting Agreement (Double Eagle Petroleum Co), Underwriting Agreement (Delcath Systems Inc), Underwriting Agreement (Double Eagle Petroleum Co)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder. To the extent the Company has filed an earnings release or press release, such earnings release or press release shall qualify as being made generally available by the Company.
Appears in 3 contracts
Samples: Underwriting Agreement (Iovance Biotherapeutics, Inc.), Underwriting Agreement (Iovance Biotherapeutics, Inc.), Underwriting Agreement (Iovance Biotherapeutics, Inc.)
Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Agent an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules and regulations of Securities Act, which requirement may be satisfied by publicly filing the Commission thereunderrequired information on EXXXX.
Appears in 3 contracts
Samples: Sales Agreement (Inventiva S.A.), Open Market Sale (Cara Therapeutics, Inc.), Seelos Therapeutics, Inc.
Earnings Statement. The Company will make generally available to its security holders shareholders and to the Representatives Representative as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 3 contracts
Samples: Underwriting Agreement (Presbia PLC), Underwriting Agreement (Presbia PLC), Underwriting Agreement (Presbia PLC)
Earnings Statement. The Company will promptly make generally available to its security holders and to the Representatives as soon as practicable Underwriter an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 3 contracts
Samples: Underwriting Agreement (Heron Therapeutics, Inc. /De/), Underwriting Agreement (La Jolla Pharmaceutical Co), Underwriting Agreement (Heron Therapeutics, Inc. /De/)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives Representative as soon as practicable practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy satisfies the provisions of Section 11(a) of the Securities Act and the rules and regulations Rule 158 of the Commission thereunderpromulgated thereunder covering a period of at least 12 months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.
Appears in 3 contracts
Samples: Underwriting Agreement (Materialise Nv), Underwriting Agreement (Materialise Nv), Pricing Agreement (Innocoll AG)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives Underwriter as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder; provided, however, that the requirements of this Section 4(j) shall be satisfied to the extent that such reports, statements, communications, financial statements or other documents are available on XXXXX.
Appears in 3 contracts
Samples: Underwriting Agreement (Northwest Bancshares, Inc.), Underwriting Agreement (Park National Corp /Oh/), Underwriting Agreement (First Citizens Bancshares Inc /De/)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives Representative as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder. To the extent the Company has filed an earnings release or press release, such earnings release or press release shall qualify as being made generally available by the Company.
Appears in 3 contracts
Samples: Underwriting Agreement (Iovance Biotherapeutics, Inc.), Underwriting Agreement (Iovance Biotherapeutics, Inc.), Underwriting Agreement (Iovance Biotherapeutics, Inc.)
Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders noteholders and to the Representatives as soon as practicable 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 twelve (12) months beginning with after the first fiscal quarter effective date of the Company commencing after the date of this Agreement Registration Statement that will satisfy satisfies the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunderAct.
Appears in 3 contracts
Samples: Underwriting Agreement (JMP Group LLC), Underwriting Agreement (JMP Group LLC), Underwriting Agreement (JMP Group Inc.)
Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Agent an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules and regulations Securities Act. For the avoidance of doubt, the Company’s compliance with the reporting requirements of the Commission thereunderExchange Act applicable to the Company shall be deemed to satisfy this Section 4(j).
Appears in 3 contracts
Samples: Open Market Sale Agreement (Spruce Biosciences, Inc.), Open Market Sale (aTYR PHARMA INC), Vaxcyte, Inc.
Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as reasonably practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder; provided, however, that the requirements of this Section 3(k) shall be satisfied to the extent that such earnings statement is available on XXXXX.
Appears in 3 contracts
Samples: Underwriting Agreement (CareDx, Inc.), Underwriting Agreement (CareDx, Inc.), Underwriting Agreement (CareDx, Inc.)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives (which may be satisfied by filing with XXXXX) as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 3 contracts
Samples: Underwriting Agreement (Zevra Therapeutics, Inc.), Underwriting Agreement (C4 Therapeutics, Inc.), Underwriting Agreement (C4 Therapeutics, Inc.)
Earnings Statement. The Company will make generally available (which shall be satisfied by filing with XXXXX) to its security holders and to the Representatives Representative as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 3 contracts
Samples: Underwriting Agreement (Phio Pharmaceuticals Corp.), Underwriting Agreement (Phio Pharmaceuticals Corp.), Underwriting Agreement (RXi Pharmaceuticals Corp)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives Representative as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder; provided however, that the requirements of this Section 3(l) shall be satisfied to the extent that such earnings statements are available on XXXXX.
Appears in 2 contracts
Samples: Underwriting Agreement (Volitionrx LTD), Underwriting Agreement (Volitionrx LTD)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy satisfies the provisions of Section 11(a) of the Securities Act and the rules and regulations Rule 158 of the Commission thereunderpromulgated thereunder covering a period of at least 12 months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.
Appears in 2 contracts
Samples: Underwriting Agreement (Materialise Nv), Pricing Agreement (Innocoll GmbH)
Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Agent an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules Securities Act; provided that the Company will be deemed to have furnished such statement to its security holders and regulations of the Commission thereunderAgent to the extent such statement has been filed on XXXXX.
Appears in 2 contracts
Samples: Sales Agreement (Innate Pharma SA), Sales Agreement (Innate Pharma SA)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as reasonably practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (Silvaco Group, Inc.), Underwriting Agreement (ESSA Pharma Inc.)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve (12) months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder; provided, however, that the requirement of this Section 3(k) shall be satisfied to the extent that such earnings statement is available on XXXXX.
Appears in 2 contracts
Samples: Underwriting Agreement (Codiak BioSciences, Inc.), Underwriting Agreement (Codiak BioSciences, Inc.)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives Representative as soon as reasonably practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (ESSA Pharma Inc.), Underwriting Agreement (Calix, Inc)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder; provided, however, that the requirements of this Section 3(k) shall be satisfied to the extent that such earnings statement is available on XXXXX.
Appears in 2 contracts
Samples: Underwriting Agreement (Aclaris Therapeutics, Inc.), Underwriting Agreement (Erytech Pharma S.A.)
Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Agent an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules Securities Act, provided that the Company will be deemed to have furnished such statement to its security holders and regulations of the Commission thereunderAgent to the extent they are filed on XXXXX.
Appears in 2 contracts
Samples: Open Market Sale Agreement (Northwest Pipe Co), Open Market Sale (Cyclerion Therapeutics, Inc.)
Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with after the first fiscal quarter effectiveness of the Company commencing after the date of this Agreement Registration Statement and that will satisfy satisfies the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunderAct.
Appears in 2 contracts
Samples: Underwriting Agreement (Aries Maritime Transport LTD), Underwriting Agreement (Genco Shipping & Trading LTD)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings 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 will shall satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations Rule 158 of the Commission thereunderRegulations; provided that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis and Retrieval System.
Appears in 2 contracts
Samples: Underwriting Agreement (Journey Medical Corp), Underwriting Agreement (Journey Medical Corp)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives Underwriter as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder; provided, however, that the requirements of this Section 3(j) shall be satisfied to the extent that such reports, statements, communications, financial statements or other documents are available on XXXXX.
Appears in 2 contracts
Samples: Underwriting Agreement (Heartland Financial Usa Inc), Underwriting Agreement (First Interstate Bancsystem Inc)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives Representative as soon as practicable reasonably practicable, without incurring commercially unreasonable expense, an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (Iradimed Corp), Underwriting Agreement (FVA Ventures, Inc.)
Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Representative an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Act; provided that this obligation shall be deemed satisfied if the rules and regulations of Company shall have filed a report with the Commission thereunderwith such information.
Appears in 2 contracts
Samples: Underwriting Agreement (Red Mountain Resources, Inc.), Underwriting Agreement (Red Mountain Resources, Inc.)
Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders securityholders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve (12) months beginning with after the first fiscal quarter effective date of the Company commencing after the date of this Agreement Registration Statement that will satisfy satisfies the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunderAct.
Appears in 2 contracts
Samples: Underwriting Agreement (United Pan Am Financial Corp), Underwriting Agreement (Verisity LTD)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives Underwriters as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder; provided, however, that the requirements of this Section 4(j) shall be satisfied to the extent that such reports, statements, communications, financial statements or other documents are available on EXXXX.
Appears in 2 contracts
Samples: Underwriting Agreement (Bancorp, Inc.), Underwriting Agreement (First Busey Corp /Nv/)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder; provided, however, that the requirements of this Section 3(k) shall be satisfied to the extent that such earnings statements are available on XXXXX.
Appears in 2 contracts
Samples: Underwriting Agreement (Chiasma, Inc), Underwriting Agreement (Chiasma, Inc)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives Representative as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder; provided, however, that the requirements of this Section 3(k) shall be satisfied to the extent that such earnings statements are available on XXXXX.
Appears in 2 contracts
Samples: Underwriting Agreement (Durect Corp), Underwriting Agreement (Chiasma, Inc)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder; provided, however, that the requirements of this Section 3(j) shall be satisfied to the extent such earnings statement is available on EXXXX.
Appears in 2 contracts
Samples: Argo Blockchain PLC, Argo Blockchain PLC
Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder; provided that the Company will be deemed to have satisfied such requirement to the extent such information is filed on XXXXX or any successor system.
Appears in 2 contracts
Samples: Underwriting Agreement (Wave Life Sciences Ltd.), Underwriting Agreement (Wave Life Sciences Ltd.)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives Agent as soon as practicable practical an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.
Appears in 2 contracts
Samples: Open Market Sale (Corbus Pharmaceuticals Holdings, Inc.), Corbus Pharmaceuticals Holdings, Inc.
Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder; provided that the Company will be deemed to have furnished such statement to its security holders and the Representatives to the extent they are filed on XXXXX or any successor thereto.
Appears in 2 contracts
Samples: Underwriting Agreement (Certara, Inc.), Underwriting Agreement (Certara, Inc.)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder; provided, however, that the requirements of this Section 3(k) shall be deemed satisfied to the extent such statement is available on XXXXX.
Appears in 2 contracts
Samples: Underwriting Agreement (Artiva Biotherapeutics, Inc.), Underwriting Agreement (Alto Neuroscience, Inc.)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder; provided, however, that the requirements of this Section 3(j) shall be satisfied to the extent that such earnings statement is available on XXXXX.
Appears in 2 contracts
Samples: Underwriting Agreement, Underwriting Agreement (Nightstar Therapeutics LTD)
Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve (12) months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules and regulations of the Commission thereunderSecurities Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Boyd Gaming Corp), Underwriting Agreement (Boyd Gaming Corp)
Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Agent an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules Securities Act; provided that the Company will be deemed to have furnished such statement to its security holders and regulations of the Agent to the extent such statement is filed with Commission thereunderon XXXXX or any successor system.
Appears in 2 contracts
Samples: Open Market Sale (Chimerix Inc), Open Market Sale (Chimerix Inc)
Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Underwriters an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will satisfy “effective date” (as defined in Rule 158 under the provisions of Section 11(aSecurities Act) of the Securities Act and the rules and regulations of the Commission thereunderRegistration Statement.
Appears in 2 contracts
Samples: Underwriting Agreement (Graphic Packaging Holding Co), Underwriting Agreement (Graphic Packaging Holding Co)
Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder; provided, however, that the requirements of this Section 3(k) shall be satisfied to the extent that such reports, statements, communications, financial statements or other documents are available on XXXXX.
Appears in 2 contracts
Samples: Underwriting Agreement (ConnectOne Bancorp, Inc.), Underwriting Agreement (Heartland Financial Usa Inc)
