Common use of Earnings Statement Clause in Contracts

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last Closing Date, the Company will make generally available to its security holders and to the Placement Agent an earnings statement, covering a period of at least 12 consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 238 contracts

Samples: Placement Agency Agreement (Safe & Green Development Corp), Placement Agency Agreement (Wisa Technologies, Inc.), Placement Agency Agreement (Wisa Technologies, Inc.)

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Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last Closing Date, the Company will make generally available to its security holders and to the Placement Agent Underwriter an earnings statement, covering a period of at least 12 consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 69 contracts

Samples: Underwriting Agreement (MED EIBY Holding Co., LTD), Underwriting Agreement (Green Circle Decarbonize Technology LTD), Underwriting Agreement (AiXin Life International, Inc.)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last Closing Date, the Company will make generally available to its security holders and to the Placement Agent an earnings statement, covering a period of at least 12 consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 25 contracts

Samples: Placement Agency Agreement (Wisa Technologies, Inc.), Placement Agency Agreement (LogicMark, Inc.), Placement Agency Agreement (Nuwellis, Inc.)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last Closing Date, the Company will make generally available to its security holders and to the Placement Agent Representative an earnings statement, covering a period of at least 12 consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 14 contracts

Samples: Underwriting Agreement (VCI Global LTD), Underwriting Agreement (Gelteq LTD), Underwriting Agreement (VCI Global LTD)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last Closing Date, the Company will make generally available to its security holders and to the Placement Agent Underwriters an earnings statement, covering a period of at least 12 consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 12 contracts

Samples: Underwriting Agreement (Green Circle Decarbonize Technology LTD), Underwriting Agreement (China Eco-Materials Group Co. LTD), Underwriting Agreement (China Eco-Materials Group Co. LTD)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last Closing Date, the Company will make generally available to its security holders and to the Placement Agent Agents an earnings statement, covering a period of at least 12 consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 11 contracts

Samples: Placement Agency Agreement (Biolase, Inc), Placement Agency Agreement (Biolase, Inc), Placement Agency Agreement (Nuwellis, Inc.)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last Closing Date, the Company will make generally available to its security holders and to the Placement Agent Agents an earnings statement, covering a period of at least 12 consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 9 contracts

Samples: Placement Agency Agreement (Avenue Therapeutics, Inc.), Placement Agency Agreement (Avenue Therapeutics, Inc.), Placement Agent Agreement (Transphorm, Inc.)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last Closing DateDate of the Offering, the Company will make generally available to its security holders and to the Placement Agent an earnings statement, covering a period of at least 12 consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 7 contracts

Samples: Placement Agency Agreement (Majesco Entertainment Co), Placement Agency Agreement (Orckit Communications LTD), Placement Agency Agreement (Northern Technologies International Corp)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last Closing Date, the Company will make generally available to its security holders and to the Co-Placement Agent Agents an earnings statement, covering a period of at least 12 consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 7 contracts

Samples: Placement Agency Agreement (Meta Materials Inc.), Placement Agency Agreement (Cyclacel Pharmaceuticals, Inc.), Co Placement Agency Agreement (Cyclacel Pharmaceuticals, Inc.)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last Closing Date, the Company will make generally available to its security holders and to the Placement Selling Agent an earnings statement, covering a period of at least 12 consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 7 contracts

Samples: Selling Agent’s Agreement (MDB Capital Holdings, LLC), Selling Agent’s Agreement (MDB Capital Holdings, LLC), Selling Agency Agreement (Youngevity International, Inc.)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last Closing DateDate of each Offering, the Company will make generally available to its security holders and to the Placement Agent an earnings statement, covering a period of at least 12 consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 6 contracts

Samples: Placement Agency Agreement (Staffing 360 Solutions, Inc.), Placement Agency Agreement (Staffing 360 Solutions, Inc.), Placement Agency Agreement (Staffing 360 Solutions, Inc.)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 twelve (12) months after the last initial Closing Date, the Company will make generally available to its security holders and to the Placement Agent an earnings statement, covering a period of at least 12 twelve (12) consecutive months beginning after the last initial Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 4 contracts

Samples: Placement Agency Agreement (U Power LTD), Placement Agency Agreement (SHENGFENG DEVELOPMENT LTD), Placement Agency Agreement (SHENGFENG DEVELOPMENT LTD)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last Closing Date, the Company will make generally available to its security holders and to the Placement Agent an earnings statement, covering a period of at least 12 consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 4 contracts

Samples: Placement Agency Agreement (Zomedica Pharmaceuticals Corp.), Placement Agency Agreement (Zomedica Pharmaceuticals Corp.), Placement Agency Agreement (Zomedica Pharmaceuticals Corp.)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last Closing Date, the Company will make generally available to its security holders and to the Placement Agent an earnings statement, covering a period of at least 12 consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 3 contracts

Samples: Allarity Therapeutics, Inc., Allarity Therapeutics, Inc., Allarity Therapeutics, Inc.

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 eighteen (18) months after the last Closing Date, the Company will make generally available to its security holders and to the Co-Placement Agent Agents an earnings statement, covering a period of at least 12 twelve (12) consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 3 contracts

Samples: Placement Agency Agreement (Applied Dna Sciences Inc), Placement Agency Agreement (Applied Dna Sciences Inc), Placement Agency Agreement (Applied Dna Sciences Inc)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last Closing Date, the Company will make generally available to its security holders and to the Co-Placement Agent Agents an earnings statement, covering a period of at least 12 consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 3 contracts

Samples: Agency Agreement, Co Placement Agency Agreement (MoSys, Inc.), Placement Agency Agreement (MoSys, Inc.)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 eighteen (18) months after the last Closing Date, the Company will make generally available to its security holders and to the Placement Agent an earnings statement, covering a period of at least 12 twelve (12) consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 3 contracts

Samples: Placement Agency Agreement (Worksport LTD), Placement Agency Agreement (Tenon Medical, Inc.), Placement Agency Agreement (Tenon Medical, Inc.)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last Closing Date, the Company will make generally available to its security holders and to the Co-Placement Agent Agents an earnings statement, covering a period of at least 12 consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 3 contracts

Samples: Personal and Confidential (SPI Energy Co., Ltd.), Placement Agency Agreement (KULR Technology Group, Inc.), Personal and Confidential (SPI Energy Co., Ltd.)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last Closing Date, the Company will make generally available to its security holders and to the Placement Agent Managers an earnings statement, covering a period of at least 12 consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 3 contracts

Samples: Joint Bookrunning Manager Agreement (Chicken Soup for the Soul Entertainment, Inc.), Joint Bookrunning Manager Agreement (Chicken Soup for the Soul Entertainment, Inc.), Joint Bookrunning Manager Agreement (Chicken Soup for the Soul Entertainment, Inc.)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last initial Closing Date, the Company will make generally available to its security holders and to the Placement Agent an earnings statement, covering a period of at least 12 consecutive months beginning after the last initial Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 2 contracts

Samples: Placement Agency Agreement (Wisa Technologies, Inc.), Placement Agency Agreement (Wisa Technologies, Inc.)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months [twelve (12) months] after the last initial Closing Date, the Company will make generally available to its security holders and to the Placement Agent an earnings statement, covering a period of at least 12 twelve (12) consecutive months beginning after the last initial Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 2 contracts

Samples: Placement Agency Agreement (Tian Ruixiang Holdings LTD), Placement Agency Agreement (Tian Ruixiang Holdings LTD)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last Closing DateDate of each Offering, the Company will make generally available to its security holders and to the Placement Agent Agents an earnings statement, covering a period of at least 12 consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 2 contracts

Samples: Placement Agency Agreement (Neogen Corp), Placement Agency Agreement (SCOLR Pharma, Inc.)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last Closing Date, the Company will make generally available to its security holders and to the Placement Agent an earnings statement, covering a period of at least 12 consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 2 contracts

Samples: Placement Agency Agreement (China Precision Steel, Inc.), Placement Agency Agreement (Collagenex Pharmaceuticals Inc)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last Closing Date, the Company will make generally available to its security holders and to the Placement Agent an earnings statement, covering a period of at least 12 consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 2 contracts

Samples: Placement Agency Agreement (Helius Medical Technologies, Inc.), Placement Agency Agreement (Helius Medical Technologies, Inc.)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last Closing Date, the Company will make generally available to its security holders and to the Placement Agent an earnings statement, covering a period of at least 12 consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 2 contracts

Samples: Purchase Agreement (Rigel Pharmaceuticals Inc), Purchase Agreement (Rigel Pharmaceuticals Inc)

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

Appears in 2 contracts

Samples: Underwriting Agreement (ATIF Holdings LTD), Underwriting Agreement (Asia Times Holdings LTD)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last Closing Date, the Company will make generally available to its security holders and to the Placement Agent Agents an earnings statement, covering a period of at least 12 consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.. (h)

Appears in 1 contract

Samples: www.sec.gov

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Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last Closing Date, the Company will use its commercially reasonable best efforts to make generally available to its security holders and to the Placement Agent an earnings statement, covering a period of at least 12 consecutive months beginning with the first day of the Company’s first full calendar quarter after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Placement Agency Agreement (Propanc Biopharma, Inc.)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last Closing Date, the Company will make generally available to its security holders and to the Placement Agent Agents an earnings statementstatement (which need not be audited), covering a period of at least 12 consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Placement Agency Agreement (InspireMD, Inc.)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last final Closing Date, the Company will make generally available to its security holders and to the Placement Agent an earnings statement, covering a period of at least 12 consecutive months beginning after the last final Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Personal and Confidential (Kartoon Studios, Inc.)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last Closing Date, the Company will make generally available to its security holders and to the Placement Agent an earnings statement, covering a period of at least 12 consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.. (h)

Appears in 1 contract

Samples: Stock Purchase Agreement (Virios Therapeutics, Inc.)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last Closing Date, the Company will make generally available through the SEC’s XXXXX filing system at xxx.xxx.xxx to its security holders and to the Placement Agent an earnings statement, covering a period of at least 12 consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Placement Agency Agreement (Avinger Inc)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last Closing Date, the Company will make generally available to its security holders and to the Placement Agent Underwriters an earnings statement, covering a period of at least 12 consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Progressive Gaming International Corp)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 twelve (12) months after the last Closing Date, the Company will make generally available to its security holders and to the Placement Agent an earnings statement, covering a period of at least 12 twelve (12) consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Placement Agency Agreement (U Power LTD)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 eighteen (18) months after the last final Closing Date, the Company will make generally available to its security holders and to the Placement Agent an earnings statement, covering a period of at least 12 twelve (12) consecutive months beginning after the last final Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Placement Agency Agreement (Heart Test Laboratories, Inc.)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last Closing Date, Act the Company will make generally available to its security holders and to the Placement Agent Underwriter an earnings statement, covering a period of at least 12 consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under of the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Aerkomm Inc.)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 12 months after the last Closing Date, the Company will make generally available to its security holders and to the Placement Agent (which includes filings made publicly pursuant to the Exchange Act) an earnings statementstatement (which need not be audited), covering a period of at least 12 consecutive months beginning after the first fiscal quarter of the Company occurring after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Placement Agency Agreement (Danimer Scientific, Inc.)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 eighteen (18) months after the last Closing Date, the Company will make generally available to its security holders and to the Placement Agent Agent, which may include filing on the SEC’s XXXXX system, an earnings statement, covering a period of at least 12 twelve (12) consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Placement Agency Agreement (ENDRA Life Sciences Inc.)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last Closing Date, the Company will make generally available to its security holders and to the Placement Agent Agent, which may include filing on the SEC’s XXXXX system, an earnings statement, covering a period of at least 12 consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Placement Agency Agreement (Akoustis Technologies, Inc.)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last Closing Date, the Company will make generally available to its security holders and to the Placement Agent Agents an earnings statement, covering a period of at least 12 consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Placement Agency Agreement (Guardion Health Sciences, Inc.)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last Closing Date, the Company will make generally available to its security holders and to the Placement Agent Selling Agents an earnings statement, covering a period of at least 12 consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Selling Agency Agreement (PAVmed Inc.)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last Closing Date, the Company will make generally available to its security holders and to the Placement Selling Agent an earnings statement, covering a period of at least 12 consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Selling Agency Agreement (MDB Capital Holdings, LLC)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last Closing Date, the Company will make generally available to its security holders and to the Placement Agent Representative an earnings statement, covering a period of at least 12 consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Placement Agency Agreement (Ebang International Holdings Inc.)

Earnings Statement. As soon as practicable and in accordance with applicable requirements under the Securities Act, but in any event not later than 18 months after the last Closing Date, the Company will make generally available to its security holders and to the Placement Agent Agents an earnings statement, covering a period of at least 12 consecutive months beginning after the last Closing Date, that satisfies the provisions of Section 11(a) and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Placement Agency Agreement (Ohr Pharmaceutical Inc)

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