Common use of Earnings Statement Clause in Contracts

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 22 contracts

Samples: Underwriting Agreement (Mypoints Com Inc), Underwriting Agreement (Accrue Software Inc), Underwriting Agreement (Mypoints Com Inc)

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Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] December 31, 2000 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 13 contracts

Samples: Underwriting Agreement (Resourcephoenix Com), Underwriting Agreement (Netegrity Inc), Underwriting Agreement (Quicklogic Corporation)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Representative an earnings statement (which need not be audited) covering the twelve-month period ending [___] that satisfies the provisions of complying with Section 11(a) of the Securities ActAct and the rules and regulations of the Commission thereunder.

Appears in 13 contracts

Samples: Underwriting Agreement (Sanchez Energy Corp), Underwriting Agreement (Sanchez Energy Corp), Abraxas Petroleum Corp

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 10 contracts

Samples: Underwriting Agreement (RR Donnelley & Sons Co), Underwriting Agreement (RR Donnelley & Sons Co), Underwriting Agreement (RR Donnelley & Sons Co)

Earnings Statement. As soon as practicable, the The Company will make generally available to its security holders and holders, as soon as it is practicable to the Representatives do so, an earnings statement (which need not be audited) covering in reasonable detail, complying with the twelve-month period ending [___] that satisfies the provisions requirements of Section 11(a) of the Securities Act and the Rule 158 under the Securities Act.

Appears in 7 contracts

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

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] June 30, 2000 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 6 contracts

Samples: Underwriting Agreement (Mpath Interactive Inc/Ca), Underwriting Agreement (Fundtech LTD), Underwriting Agreement (Globespan Semiconductor Inc)

Earnings Statement. As soon as practicable, the The Company will make generally available to its security holders (including holders of the Securities) and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering of the twelve-month period ending [___] that satisfies Company and its subsidiaries, satisfying the provisions of Section 11(a) of the Securities ActAct and the rules and regulations thereunder (including Rule 158).

Appears in 6 contracts

Samples: Underwriting Agreement (Fifth Third Bancorp), Underwriting Agreement (Fifth Third Bancorp), Underwriting Agreement (Fifth Third Bancorp)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___[ ] that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 5 contracts

Samples: Underwriting Agreement (Novatel Wireless Inc), Underwriting Agreement (Coorstek Inc), Underwriting Agreement (Molina Healthcare Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] December 31, 2005 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 5 contracts

Samples: Underwriting Agreement (Spirit Finance Corp), Underwriting Agreement (American Capital Strategies LTD), American Capital Strategies LTD

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] September 30, 2001 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 5 contracts

Samples: Underwriting Agreement (Peco Ii Inc), Underwriting Agreement (Lantronix), Underwriting Agreement (Plexus Corp)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] September 30, 2000 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 4 contracts

Samples: Underwriting Agreement (Cobalt Group Inc), Underwriting Agreement (JDS Uniphase Corp /Ca/), Underwriting Agreement (Ancor Communications Inc /Mn/)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] ](2) that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 4 contracts

Samples: Underwriting Agreement (Xcarenet Inc), Underwriting Agreement (Centra Software Inc), Underwriting Agreement (American Banknote Corp)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] that satisfies the provisions of complying with Section 11(a) of the Securities ActAct and the rules and regulations of the Commission thereunder.

Appears in 4 contracts

Samples: Underwriting Agreement (Abraxas Petroleum Corp), Emerald Oil, Inc., Callon Petroleum Co

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the a twelve-month period ending [___] that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 4 contracts

Samples: Underwriting Agreement (CoreCivic, Inc.), Underwriting Agreement (Corrections Corp of America), Underwriting Agreement (Corrections Corp of America)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] June 30, 2010 that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 4 contracts

Samples: Underwriting Agreement (Bill Barrett Corp), Underwriting Agreement (Western Refining, Inc.), Underwriting Agreement (Western Refining, Inc.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___December 31, 2005] that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 4 contracts

Samples: Underwriting Agreement (American Capital, LTD), Underwriting Agreement (American Capital Strategies LTD), Underwriting Agreement (American Capital Strategies LTD)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Underwriters an earnings statement (which need not be audited) covering of the twelve-month period ending [___] Company and its consolidated subsidiaries that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 4 contracts

Samples: Underwriting Agreement (Walter Industries Inc /New/), Underwriting Agreement (Mueller Water Products, Inc.), Underwriting Agreement (Walter Industries Inc /New/)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] September 30, 1998 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 3 contracts

Samples: Underwriting Agreement (Travel Services International Inc), Underwriting Agreement (Citysearch Inc), Underwriting Agreement (Objective Communications Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Representative an earnings statement (which need not be audited) covering the twelve-month period ending [___] December 31, 2004 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 3 contracts

Samples: Underwriting Agreement (CardioVascular BioTherapeutics, Inc.), Underwriting Agreement (CardioVascular BioTherapeutics, Inc.), Underwriting Agreement (CardioVascular BioTherapeutics, Inc.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Representative an earnings statement (which need not be audited) covering the twelve-month period ending [___] December 31, 2006 that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 3 contracts

Samples: Underwriting Agreement (St Jude Medical Inc), Underwriting Agreement (Sovran Self Storage Inc), Underwriting Agreement (Dendreon Corp)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] March 31, 2007 that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 3 contracts

Samples: Underwriting Agreement (MWI Veterinary Supply, Inc.), Underwriting Agreement (Nuvasive Inc), Underwriting Agreement (Acadia Pharmaceuticals Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] September 30, 2006 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 3 contracts

Samples: Underwriting Agreement (Accentia Biopharmaceuticals Inc), Underwriting Agreement (Accentia Biopharmaceuticals Inc), Underwriting Agreement (Symmetry Medical Inc.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Underwriters an earnings statement (which need not be audited) covering the twelve-month period ending [___] , 2005 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 3 contracts

Samples: Underwriting Agreement (WPT Enterprises Inc), Underwriting Agreement (WPT Enterprises Inc), Underwriting Agreement (Pokertek Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] June 30, 2007 that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 3 contracts

Samples: Underwriting Agreement (GeoMet, Inc.), Underwriting Agreement (Kilroy Realty Corp), Underwriting Agreement (GeoMet, Inc.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 3 contracts

Samples: Underwriting Agreement (Provant Inc), Underwriting Agreement (Carlson Restaurants Worldwide Inc), Provant Inc

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] that satisfies the provisions of of, and that provides the benefits contemplated by, Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 3 contracts

Samples: Underwriting Agreement (Old Republic International Corp), Underwriting Agreement (Old Republic International Corp), Underwriting Agreement (Old Republic International Corp)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] June 30, 2008 that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 3 contracts

Samples: Underwriting Agreement (Acorda Therapeutics Inc), Underwriting Agreement (Oceanfreight Inc.), Underwriting Agreement (Pharmasset Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Representative an earnings statement (which need not be audited) covering the twelve-month period ending [___] that satisfies the provisions of of, and that provides the benefits contemplated by, Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 3 contracts

Samples: Underwriting Agreement (Old Republic International Corp), Underwriting Agreement (Old Republic International Corp), Underwriting Agreement (Old Republic International Corp)

Earnings Statement. As soon as practicable, the Company will shall make generally available to its security holders and to the Representatives Representative an earnings statement (which need not be audited) covering the twelve-month period ending [___] beginning after the effective date of the Registration Statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 3 contracts

Samples: Underwriting Agreement (DG FastChannel, Inc), Global Traffic Network, Inc., Global Traffic Network, Inc.

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Representative an earnings statement (which need not be audited) covering the twelve-month period ending [___] June 30, 2009 that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 3 contracts

Samples: Purchase Agreement (Mgic Investment Corp), Underwriting Agreement (Mgic Investment Corp), Underwriting Agreement (Mgic Investment Corp)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] December 31, 2001 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 3 contracts

Samples: Underwriting Agreement (Osi Pharmaceuticals Inc), Orderly Marketing Agreement (Keryx Biophamaeuticals Inc), Insmed Inc

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] December 31, 2007, that satisfies the provisions of Section 11(a) of the the, and Rule 158 under the, Securities Act.

Appears in 3 contracts

Samples: Underwriting Agreement (Wireless Ronin Technologies Inc), Underwriting Agreement (Wireless Ronin Technologies Inc), Underwriting Agreement (Wireless Ronin Technologies Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Underwriters an earnings statement (which need not be audited) covering the twelve-month period ending [___] that satisfies the provisions of complying with Section 11(a) of the Securities ActAct and the rules and regulations of the Commission thereunder.

Appears in 3 contracts

Samples: Underwriting Agreement (Vantage Drilling CO), Underwriting Agreement (Vantage Drilling CO), Callon Petroleum Co

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] beginning after the effective date of the Registration Statement that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 3 contracts

Samples: Underwriting Agreement (Spectra Physics Lasers Inc), Underwriting Agreement (SQL Financials International Inc /De), Underwriting Agreement (SQL Financials International Inc /De)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] December 31, 1999 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 3 contracts

Samples: Underwriting Agreement (Ibasis Inc), Underwriting Agreement (Healthcare Financial Partners Reit Inc), Underwriting Agreement (Interep National Radio Sales Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] April 30, 2001 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 3 contracts

Samples: Underwriting Agreement (Questor Partners Fund L P), Underwriting Agreement (Applied Science & Technology Inc), Underwriting Agreement (Impco Technologies Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___[ ] 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 (Whitestone REIT), Underwriting Agreement (Whitestone REIT)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] June 30, 2006 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 (MWI Veterinary Supply, Inc.), Underwriting Agreement (MWI Veterinary Supply, Inc.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] December 31, 2004 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Samples: Underwriting Agreement (American Capital Strategies LTD), Underwriting Agreement (American Capital Strategies LTD)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] September 30, 2005 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Samples: Underwriting Agreement (Symmetry Medical Inc.), Underwriting Agreement (Symmetry Medical Inc.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] after the effective date of the Registration Statement that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Samples: Underwriting Agreement (Synagro Technologies Inc), Synagro Technologies Inc

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] December 31, 2015 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 (Sovran Self Storage Inc), Underwriting Agreement (Sovran Self Storage Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] that satisfies the provisions of Section 11(a) of the Securities Act, including Rule 158 thereunder.

Appears in 2 contracts

Samples: Global Signal Inc, Global Signal Inc

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Representative an earnings statement (which need not be audited) covering the twelve-month period ending [___] that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Samples: Custody Agreement (Reynard Motorsport Inc), Underwriting Agreement (Brantley Mezzanine Capital Corp)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Representative an earnings statement (which need not be audited) covering the a twelve-month period ending [___] 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 (CoreCivic, Inc.), Underwriting Agreement (CoreCivic, Inc.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] _______ that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Samples: Underwriting Agreement (Lowestfare Com Inc), Underwriting Agreement (New Century Financial Corp)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] June 30, 2006 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Samples: Underwriting Agreement (Molina Healthcare Inc), LHC Group, Inc

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] ], 2000 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Samples: Infosys Technologies LTD, Infosys Technologies LTD

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] ]that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Samples: Ramp Networks Inc, Ramp Networks Inc

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Underwriter an earnings statement (which need not be audited) covering the twelve-month period ending [___] December 31, 2007, that satisfies the provisions of Section 11(a) of the the, and Rule 158 under the, Securities Act.

Appears in 2 contracts

Samples: Underwriting Agreement (Wireless Ronin Technologies Inc), Underwriting Agreement (Wireless Ronin Technologies Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] December 31, 2008 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Samples: Underwriting Agreement (American Capital, LTD), American Capital Strategies LTD

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] June 30, 2004 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Samples: Barnes Group (Barnes Group Inc), Underwriting Agreement (Giant Industries Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] [ ], 2005 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Samples: Underwriting Agreement (Threshold Pharmaceuticals Inc), Richardson Electronics LTD/De

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] December 31, 2009 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 (Cal Dive International, Inc.), Underwriting Agreement (Cal Dive International, Inc.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] June 30, 1999 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Samples: Underwriting Agreement (Shop at Home Inc /Tn/), Underwriting Agreement (Shop at Home Inc /Tn/)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] June 30, 2005 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Samples: Zenith National (Zenith National Insurance Corp), Fairfax Financial Holdings LTD/ Can

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] September 30, 2013 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 (Kilroy Realty, L.P.), Underwriting Agreement (Kilroy Realty, L.P.)

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] October 31, 1998 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Samples: Underwriting Agreement (International Manufacturing Services Inc), Underwriting Agreement (International Manufacturing Services Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] May 31, 2008 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 (FCStone Group, Inc.), Underwriting Agreement (FCStone Group, Inc.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] September 30, 2004 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Samples: Underwriting Agreement (Molina Healthcare Inc), Underwriting Agreement (Acorda Therapeutics Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders securityholders and to the Representatives Representative an earnings statement (which need not be audited) covering the twelve-month twelve (12)-month period ending [___] June 30, 2007 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Samples: Underwriting Agreement (Red Lion Hotels CORP), Underwriting Agreement (Red Lion Hotels CORP)

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Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Representative an earnings statement (which need not be audited) covering the twelve-month period ending [___] , 200 that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 2 contracts

Samples: Ascent Solar Technologies, Inc., Syngence Corp

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Underwriters an earnings statement (which need not be audited) covering the twelve-month period ending [___] that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Samples: Healthcare Financial Partners Inc, Healthcare Financial Partners Inc

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Underwriter an earnings statement (which need not be audited) covering the twelve-month period ending [___] September 30, 2004 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Samples: Underwriting Agreement (Essex Property Trust Inc), content.edgar-online.com

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] that satisfies the provisions of the last paragraph of Section 11(a) of the Securities Act.

Appears in 2 contracts

Samples: Underwriting Agreement (U S Restaurant Properties Inc), Underwriting Agreement (RFS Hotel Investors Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] _________, 2000 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Samples: Underwriting Agreement (Netsolve Inc), Netsolve Inc

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Representative an earnings statement (which need not be audited) covering the twelve-month period ending [___] June 30, 2010 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 (Mgic Investment Corp), Underwriting Agreement (Mgic Investment Corp)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] March 31, 2005 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Samples: Underwriting Agreement (Fluor Corp), Underwriting Agreement (Aeroflex Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Underwriters an earnings statement (which need not be audited) covering the twelve-month period ending [___] * , 2005 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Samples: Underwriting Agreement (Cabg Medical Inc), Underwriting Agreement (Cabg Medical Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Representative an earnings statement (which need not be audited) covering the twelve-month period ending [___] March 31, 2014 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 (Mgic Investment Corp), Underwriting Agreement (Mgic Investment Corp)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] December 31, 2007 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Samples: Underwriting Agreement (American Capital Strategies LTD), American Capital Strategies LTD

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Underwriters an earnings statement (which need not be audited) covering the twelve-month period ending [___] that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Samples: Underwriting Agreement (Rent Way Inc), Underwriting Agreement (Coorstek Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] beginning with the first fiscal quarter of the Company occurring after the date of this Agreement 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 (Geokinetics Inc), Underwriting Agreement (Quatrx Pharmaceuticals Co)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Underwriter an earnings statement (which need not be audited) covering the twelve-month period ending [___] that satisfies the provisions of complying with Section 11(a) of the Securities ActAct and the rules and regulations of the Commission thereunder.

Appears in 2 contracts

Samples: Underwriting Agreement (Emerald Oil, Inc.), Underwriting Agreement (Gastar Exploration LTD)

Earnings Statement. As soon as practicable, the Company will shall make generally available to its security holders and to the Representatives Representative an earnings statement (which need not be audited) covering the twelve-month period ending [___] September 30, 2007 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 (Cleveland Biolabs Inc), Underwriting Agreement (Cleveland Biolabs Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] December 31, 2014 that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Sovran Self Storage Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] _]that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Peritus Software Services Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Representative an earnings statement (which need not be audited) covering the twelve-month period ending [___] March 31, 2001 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 1 contract

Samples: Integrated Information Systems Inc

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Underwriters an earnings statement (which need not be audited) covering the twelve-month period ending [___] ], 1999 that satisfies the provisions of the last paragraph of Section 11(a) of the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Nco Group Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Representative an earnings statement (which need not be audited) covering the twelve-month period ending [___[ ] that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Patriot Capital Funding, Inc.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Underwriter an earnings statement (which need not be audited) covering the twelve-month period ending [___] September 30, 2005 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 1 contract

Samples: Avanir Pharmaceuticals

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] September 30, 1999 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Petra Capital Inc /De/)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Representative an earnings statement (which need not be audited) covering the twelve-month period ending [___] December 31, 2009 that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Sovran Self Storage Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___September 30, 2008] that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Great Lakes Dredge & Dock CORP

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] [ ], 2008 that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Archemix Corp.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] September 30, 2010 that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Seneca Foods Corp /Ny/)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___September 24, 2005] that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (McCormick & Schmicks Seafood Restaurants Inc.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] March 31, 2013 that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Kilroy Realty, L.P.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Representative an earnings statement (which need not be audited) covering the twelve-month period ending [___] ]/17/ that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 1 contract

Samples: Blaze Software Inc

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] December 31, 2006 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (American Capital Strategies LTD)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___April 30, 2001] that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Caldera Systems Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Representative an earnings statement (which need not be audited) covering the twelve-month period ending [___] June 30, 2017 that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Mgic Investment Corp)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Underwriters an earnings statement (which need not be audited) covering the twelve-month period ending [___] that satisfies which shall satisfy the provisions of Section 11(a) of the Securities ActAct and the rules and regulations of the Commission thereunder.

Appears in 1 contract

Samples: Underwriting Agreement (Patriot Capital Funding, Inc.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Representative an earnings statement (which need not be audited) covering the twelve-month period ending [___] ______, 2007 that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Converted Organics Inc.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] December 31, 2002, that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Amn Healthcare Services Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Underwriter an earnings statement (which need not be audited) covering the twelve-month period ending [___] June 30, 2002 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 1 contract

Samples: Atrix Laboratories Inc

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] that satisfies the provisions of Section 11(a) of the Securities ActAct (including at the option of the Company Rule 158).

Appears in 1 contract

Samples: Underwriting Agreement (Student Advantage Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Representative an earnings statement or statements (which need not be audited) covering the twelve-month period ending [___] that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Odyssey Re Holdings Corp)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Representative an earnings statement (which need not be audited) covering the twelve-month period ending [___] ______, 200_ that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (Converted Organics Inc.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] that satisfies the provisions of Section 11(a) of the Securities Act.. (j)

Appears in 1 contract

Samples: Underwriting Agreement (CFM Technologies Inc)

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