Common use of Earnings Statement Clause in Contracts

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the 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 occurring after the date of this Agreement which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the Agent 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 occurring after the date of this Agreement which shall satisfy the provisions of Section 11(a) of the Securities Act and “effective date” (as defined in Rule 158 under the Securities Act) of the Registration Statement.

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the Agent Representatives 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 occurring after the date of this Agreement which shall satisfy the provisions of Section 11(a) of the Securities Act and “effective date” (as defined in Rule 158 under the Securities Act) of the Registration Statement.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder.

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the 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 occurring after the date of this Agreement which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act, which requirement may be satisfied by publicly filing the required information on XXXXX.

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the 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 occurring after the date of this Agreement which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act; provided that the Company will be deemed to have furnished such statement to its security holders and the Agent to the extent they are filed on XXXXX or any successor system.

Earnings Statement. As soon as reasonably 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 Agent 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 occurring after the date of 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.

Earnings Statement. As soon as reasonably 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 Agent Representatives 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 occurring after the date of 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.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available (which may be satisfied by filing with EXXXX) to its security holders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available (which may be satisfied by filing with XXXXX) to its security holders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder.

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the 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 occurring after the date of this Agreement which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act; provided that the Company shall be deemed to have furnished such statements to its security holders and the Agent to the extent they are filed on the Commission’s XXXXX system or any successor to such system.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders shareholders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder.

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the Agent 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 occurring after the date of this Agreement which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the Agent 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 occurring after the date of this Agreement which shall satisfy the provisions of Section 11(a) of the Securities Act and “effective date” (as defined in Rule 158 under the Securities Act) of the Registration Statement.

Earnings Statement. As soon as reasonably 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 Agent 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 occurring commencing after the date of 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 SEC thereunder.

Earnings Statement. As soon as reasonably 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 Agent 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 occurring after the date of 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.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder.

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the 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 occurring after the date of this Agreement which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders securityholders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder.

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the Agent Representatives 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 occurring after the date of this Agreement 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.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available (which may be satisfied by filing with XXXXX) to its security holders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder.

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the Agent 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 occurring after the date of 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.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders stockholders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available (which may be satisfied by filing with EXXXX) to its security holders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder.

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the Agent 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 occurring after the date of 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.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders shareholders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder.

Earnings Statement. As soon as reasonably 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 Agent 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 occurring commencing after the date of 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 SEC thereunder.

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the Agent 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 occurring after the date of this Agreement which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to holders of its security holders securities and deliver to the Agent Placement Agent, 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 occurring after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and the Rules and Regulations (including, at the option of the Company, Rule 158 under the Securities Act158).

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the 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 occurring after the date of this Agreement which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder, which requirement may be satisfied by publicly filing the required information on EXXXX.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder (including Rule 158 under the Securities Act).

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the 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 occurring after the date of this Agreement which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder, which requirement may be satisfied by publicly filing the required information on XXXXX.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder.

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the Agent Representatives 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 occurring after the date of 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.

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the Agent 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 occurring after the date of this Agreement 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.

Earnings Statement. As soon as reasonably practicable, the The Company will promptly make generally available to its security holders and to the Agent Representatives 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder.

Earnings Statement. As soon as reasonably 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 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 occurring after the date of this Agreement which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the 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 occurring after the date of this Agreement which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act; provided that the Company will be deemed to have furnished such statements to its security holders and the Agent to the extent they are filed on XXXXX or any successor system.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under of the Securities ActCommission promulgated thereunder.

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the Agent 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 occurring after the date of this Agreement which shall satisfy the provisions of Section 11(a) of the Securities Act and “effective date” (as defined in Rule 158 under the Securities Act) of the Registration Statement.

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the 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 occurring after the date of this Agreement which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders stockholders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder.

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the Agent Representatives 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 occurring after the date of this Agreement which shall satisfy the provisions of Section 11(a) of the Securities Act and “effective date” (as defined in Rule 158 under the Securities Act) of the Registration Statement.

Earnings Statement. As soon as reasonably 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 Agent Representatives 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 occurring after the date of 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.

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to holders of its security holders securities and deliver to the Agent 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 occurring after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and the Rules and Regulations (including, at the option of the Company, Rule 158 under the Securities Act158).

Earnings Statement. As soon as reasonably 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 Agent Representatives 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 occurring after the date of 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.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities ActRules and Regulations.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder (including Rule 158 under the Securities Act).

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders and to the Agent 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 occurring commencing after the date of this Agreement which shall if necessary to satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder.

Earnings Statement. As soon as reasonably practicable, the The Company will promptly make generally available to its security holders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules 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.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder.

Earnings Statement. As soon as reasonably practicable, but in any event not later than 15 months after the end 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 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 occurring after the date of this Agreement which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules 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.

Earnings Statement. As soon as reasonably practicable, but in any event no later than sixteen (16) months after the date of this Agreement, the Company will make generally available to its security holders and to the Agent Representatives 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 occurring after the date of 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 promulgated thereunder.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders shareholders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder.

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the 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 occurring after the date of this Agreement which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act. For the avoidance of doubt, the Company’s compliance with the reporting requirements of the Exchange Act applicable to the Company shall be deemed to satisfy this Section 4(j).

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the 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 occurring after the date of this Agreement which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act; provided that the Company will be deemed to have furnished such statement to its security holders and the Agent to the extent such statement is filed with the Commission on XXXXX or any successor system.

Earnings Statement. As soon as reasonably 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 Agent 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 occurring after the date of 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.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available (which shall be satisfied by filing with XXXXX) to its security holders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders and to the 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 occurring after the date of 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, provided that the Company will be deemed to have furnished such statements to its security holders and the Agent to the extent they are filed on XXXXX or any successor system.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders securityholders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules 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.

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the 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 occurring after the date of this Agreement which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act, which requirement may be satisfied by publicly filing the required information on EXXXX.

Earnings Statement. As soon as reasonably 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 Agent 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 occurring after the date of 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.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder, which requirement may be satisfied by publicly filing the required information on XXXXX.

Earnings Statement. As soon as reasonably practicable, but in any event no later than eighteen months after the date of this Agreement, the Company will make generally available to its security holders and to the Agent Lead 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 occurring commencing after the date of 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 SEC thereunder.

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the Agent Representatives 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 occurring after the date of this Agreement which shall satisfy Registration Statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules 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.

Earnings Statement. As soon as reasonably practicable, the The Company will promptly make generally available to its security holders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder.

Earnings Statement. As soon as reasonably practicable, but in any event no later than eighteen months after the date of this Agreement, the Company will make generally available to its security holders and to the Agent Representatives an earnings statement or earnings statements (which need not be audited) ), covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the date of 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.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder, which requirement may be satisfied by publicly filing the required information on EXXXX.

Earnings Statement. As soon as reasonably practicable, but in any event no later than eighteen months after the date of this Agreement, the Company will make generally available to its security holders and to the Agent 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 occurring commencing after the date of 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 SEC thereunder.

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the 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 occurring after the date of this Agreement which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act, provided that the Company will be deemed to have furnished such statement to its security holders and the Agent to the extent they are filed on XXXXX.

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the Agent 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 occurring after the date of this Agreement which shall satisfy the provisions of Section 11(a) of the Securities Act and “effective date” (as defined in Rule 158 under the Securities Act) of the Registration Statement.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules 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.

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the 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 occurring after the date of this Agreement which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act; provided that the Company will be deemed to have furnished such statement to its security holders and the Agent to the extent such statement is filed with Commission on XXXXX or any successor system.

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders securityholders and to the Agent Representatives 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 occurring after the date of this Agreement which shall satisfy Registration Statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the Agent Representatives 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 occurring after the date of this Agreement which shall satisfy the provisions of Section 11(a) of the Securities Act and “effective date” (as defined in Rule 158 under the Securities Act) of the Registration Statement.

Earnings Statement. As soon as reasonably practicable, but in any event no later than fifteen months after the date of this Agreement, the Company will make generally available to its security holders and to the Agent 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 occurring after the date of 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.

Earnings Statement. As soon as reasonably 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 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 occurring after the date of 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.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules 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.

Earnings Statement. As soon as reasonably practicable, but in any event no later than eighteen months after the date of this Agreement, the Company will make generally available to its security holders and to the Agent 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 occurring commencing after the date of 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.

Earnings Statement. As soon as reasonably 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 Agent 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 occurring after the date of this Agreement which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under Act; provided that this obligation shall be deemed satisfied if the Securities ActCompany shall have filed a report with the Commission with such information.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules 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.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules 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.

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the 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 occurring after the date of this Agreement which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act; provided that the Company will be deemed to have furnished such statement to its security holders and the Agent to the extent such statement has been filed on XXXXX.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules 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.

Earnings Statement. As soon as reasonably practicable, but in any event no later than eighteen months after the date of this Agreement, the Company will make generally available to its security holders and to the Agent Joint Book-Running Managers 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 occurring commencing after the date of 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 SEC thereunder.

Earnings Statement. As soon as reasonably practicable, but in any event not later than 16 months after the date of this Agreement, the Company will shall make generally available to its security holders and to the Agent Underwriter an earnings statement of the Company (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the date of this Agreement which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under of the Securities Act.

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders and to the Agent 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules 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.

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the Agent 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 occurring after the date of this Agreement which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under Act; provided that this obligation shall be deemed satisfied if the Securities ActCompany shall have filed a report with the Commission with such information.

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the 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 occurring after the date of this Agreement which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act. For the avoidance of doubt, the Company’s compliance with the reporting requirements of the Exchange Act shall be deemed to satisfy this Section 4(j).

Earnings Statement. As soon as reasonably practicable, the The Company will make generally available to its security holders and to the Agent Representative as soon as 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 occurring commencing after the date of this Agreement which shall that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Actrules and regulations of the Commission thereunder.

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the 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 occurring after the date of this Agreement which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act. 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.