Earnings Statement. To make generally available to its stockholders as soon as practicable, but in any event not later than sixteen (16) months after the effective date of the Registration Statement (as defined in Rule 158(c) of the Rules and Regulations), an earnings statement of the Company and its subsidiaries (which need not be audited) complying with Section 11(a) of the Securities Act (including, at the option of the Company, Rule 158).
Appears in 56 contracts
Samples: Underwriting Agreement (Jasper Therapeutics, Inc.), Underwriting Agreement (American Superconductor Corp /De/), Underwriting Agreement (BigBear.ai Holdings, Inc.)
Earnings Statement. To make generally available to its stockholders securityholders as soon as practicable, but in any event not later than sixteen eighteen (1618) months after the effective date of the Registration Statement (as defined in Rule 158(c) of under the Rules and RegulationsSecurities Act), an earnings statement of the Company and its subsidiaries (which need not be audited) complying with Section 11(a) of the Securities Act and the rules and regulations thereunder (including, at the option of the Company, Rule 158).
Appears in 24 contracts
Samples: Agreement (Gaiam Inc), Stock Underwriting Agreement (Crocs, Inc.), Underwriting Agreement (Impac Medical Systems Inc)
Earnings Statement. To make generally available to its stockholders as soon as practicable, but in any event not later than sixteen (16) months after the effective date of the Registration Statement (as defined in Rule 158(c) of the Rules and Regulations), an earnings statement of the Company and its subsidiaries (which need not be audited) complying with Section 11(a) of the Securities Act (including, at the option of the Company, Rule 158).;
Appears in 7 contracts
Samples: Underwriting Agreement (AerSale Corp), Underwriting Agreement (AerSale Corp), Underwriting Agreement (Aspen Aerogels Inc)
Earnings Statement. To make generally available to its stockholders shareholders as soon as practicable, but in any event not later than sixteen (16) months after the effective date of the Registration Statement (as defined in Rule 158(c) of under the Rules and RegulationsSecurities Act), an earnings statement of the Company and its subsidiaries Subsidiaries (which need not be audited) complying with Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder (including, at the option of the Company, Rule 158).
Appears in 5 contracts
Samples: Underwriting Agreement (Acadia Realty Trust), Underwriting Agreement (Acadia Realty Trust), Underwriting Agreement (Acadia Realty Trust)
Earnings Statement. To make generally available to its stockholders as soon as practicable, but in any event not later than sixteen (16) months after the effective date of the Registration Statement (as defined in Rule 158(c) of the Rules and Regulations), an earnings statement of the Company and its subsidiaries (which need not be audited) complying with Section 11(a) of the Securities Act (including, at the option of the Company, Rule 158), provided that the Company will be deemed to have furnished such statement to its stockholders to the extent it is filed on XXXXX.
Appears in 5 contracts
Samples: Underwriting Agreement (Ovid Therapeutics Inc.), Underwriting Agreement (Ovid Therapeutics Inc.), Convertible Preferred Stock (Ovid Therapeutics Inc.)
Earnings Statement. To make generally available to its stockholders as soon as practicable, but in any event not later than sixteen (16) months after the effective date of the Registration Statement (as defined in Rule 158(c) of the Rules and Regulations), an earnings statement of the Company and its subsidiaries (which need not be audited) complying with Section 11(a) of the Securities Act (including, at the option of the Company, Rule 158).
Appears in 5 contracts
Samples: Underwriting Agreement (908 Devices Inc.), Underwriting Agreement (908 Devices Inc.), Underwriting Agreement (Cardiff Oncology, Inc.)
Earnings Statement. To The Company will make generally available to its stockholders Stockholders as soon as practicable, but in any event not later than sixteen fifteen (1615) months after the effective date of the Registration Statement (as defined in Rule 158(c) of the Rules and Regulations)Statement, an earnings statement of the Company and its subsidiaries which will be in reasonable detail (but which need not be audited) complying and which will comply with Section 11(a) of the Securities Act Act, covering a period of at least twelve (including, at 12) months beginning after the option "effective date" (as defined in Rule 158 under the Securities Act) of the Company, Rule 158)Registration Statement.
Appears in 4 contracts
Samples: Underwriting Agreement (Telemate Net Software Inc), Softworks Inc, Softworks Inc
Earnings Statement. To make generally available to its stockholders shareholders as soon as practicable, but in any event not later than sixteen (16) months after the effective date of the Registration Statement (as defined in Rule 158(c) of the Rules and Regulations), an earnings statement of the Company and its subsidiaries (which need not be audited) complying with Section 11(a) of the Securities Act (including, at the option of the Company, Rule 158).
Appears in 3 contracts
Samples: Underwriting Agreement (COMPASS Pathways PLC), Underwriting Agreement (COMPASS Pathways PLC), Underwriting Agreement (SuperCom LTD)
Earnings Statement. To make generally available to its stockholders as soon as practicable, but in any event not later than sixteen (16) months after the effective date of the Registration Statement (as defined in Rule 158(c) of the Rules and Regulations), an earnings statement of the Company and its subsidiaries (which need not be audited) complying with Section 11(a) of the Securities Act (including, at the option of the Company, Rule 158), provided that the Company will be deemed to have furnished such statement to its stockholders to the extent it is filed on XXXXX.
Appears in 3 contracts
Samples: Underwriting Agreement (EyePoint Pharmaceuticals, Inc.), Underwriting Agreement (EyePoint Pharmaceuticals, Inc.), Underwriting Agreement (EyePoint Pharmaceuticals, Inc.)
Earnings Statement. To make generally available to its stockholders as soon as practicable, but in any event not later than sixteen (16) months after the effective date of the Registration Statement (as defined in Rule 158(c) of the Rules and Regulations), an earnings statement of the Company and its subsidiaries on a consolidated basis (which need not be audited) complying with Section 11(a) of the Securities Act (including, at the option of the Company, Rule 158).
Appears in 2 contracts
Samples: Underwriting Agreement (Aldeyra Therapeutics, Inc.), Underwriting Agreement (Aldeyra Therapeutics, Inc.)
Earnings Statement. To make generally available to its stockholders as soon as practicable, but in any event not later than sixteen (16) months after the effective date of the Registration Statement (as defined in Rule 158(c) of the Rules and Regulations), an earnings statement of the Company and its subsidiaries (which need not be audited) complying with Section 11(a) of the Securities Act (including, at the option of the Company, Rule 158158 of the Rules and Regulations).
Appears in 2 contracts
Samples: Underwriting Agreement (Viewray Inc), Underwriting Agreement (Viewray Inc)
Earnings Statement. To make generally available to its stockholders as As soon as practicable, but in any event not later than sixteen (16) 18 months after the effective date of the Registration Statement (as defined in Rule 158(c) under the Securities Act), the Company will make generally available to holders of its securities and deliver to the Rules and Regulations)Placement Agent, an earnings statement of the Company and its subsidiaries (which need not be audited) complying with that will satisfy the provisions of Section 11(a) of the Securities Act (including, at the option and Rule 158 of the Company, Rule 158)Rules and Regulations.
Appears in 2 contracts
Samples: Agency Agreement (Cytori Therapeutics, Inc.), Cytori Therapeutics, Inc.
Earnings Statement. To make generally available to its stockholders as soon as practicable, but in any event not later than sixteen (16) months after the effective date of the Registration Statement (as defined in Rule 158(c) of the Rules and 1933 Act Regulations), an earnings statement of the Company and its subsidiaries (which need not be audited) complying with Section 11(a) of the Securities 1933 Act (including, at the option of the Company, Rule 158).
Appears in 2 contracts
Samples: Underwriting Agreement (Adamas Pharmaceuticals Inc), Underwriting Agreement (Adamas Pharmaceuticals Inc)
Earnings Statement. To make generally available to its stockholders as soon as practicable, but in any event not later than sixteen (16) months after the effective date of the Registration Statement (as defined in Rule 158(c) of the Rules and Regulations), an earnings statement of the Company and its subsidiaries to the extent applicable (which need not be audited) complying with Section 11(a) of the Securities Act (including, at the option of the Company, Rule 158).
Appears in 2 contracts
Samples: Underwriting Agreement (Nkarta, Inc.), Underwriting Agreement (Nkarta, Inc.)
Earnings Statement. To make generally available (which may be satisfied by filing with the Commission’s XXXXX system) to its stockholders as soon as practicable, but in any event not later than sixteen fifteen (1615) months after the effective date of the Registration Statement (as defined in Rule 158(c) of the Rules and Regulations), an earnings statement of the Company and its subsidiaries (which need not be audited) complying with Section 11(a) of the Securities Act (including, at the option of the Company, Rule 158).
Appears in 2 contracts
Samples: Underwriting Agreement (RumbleOn, Inc.), Underwriting Agreement (ClearPoint Neuro, Inc.)
Earnings Statement. To make generally available to its stockholders as soon as practicable, but in any event not later than sixteen (16) months after the effective date of the each Registration Statement (as defined in Rule 158(c) of the Rules and Regulations), an earnings statement of the Company and its subsidiaries (which need not be audited) complying with Section 11(a) of the Securities Act and the Rules and Regulations (including, at the option of the Company, Rule 158).
Appears in 2 contracts
Samples: Underwriting Agreement (Solar3d, Inc.), Underwriting Agreement (Ohr Pharmaceutical Inc)
Earnings Statement. To make generally available (which may be satisfied by filing with the Commission’s XXXXX system) to its stockholders as soon as practicable, but in any event not later than sixteen (16) months after the effective date of the Registration Statement (as defined in Rule 158(c) of the Rules and Regulations), an earnings statement of the Company and its subsidiaries (which need not be audited) complying with Section 11(a) of the Securities Act (including, at the option of the Company, Rule 158).
Appears in 2 contracts
Samples: Underwriting Agreement (AppHarvest, Inc.), Underwriting Agreement (Biolife Solutions Inc)
Earnings Statement. To make generally available to its stockholders as soon as practicable, but in any event not later than sixteen (16) months after the effective date of the Registration Statement (as defined in Rule 158(c) of the Rules and Regulations), an earnings statement of the Company and its subsidiaries (which need not be audited) complying with Section 11(a) of the Securities Act (including, at the option of the Company, Rule 158)., provided that the Company will be deemed to have furnished such statement to its stockholders to the extent it is filed on XXXXX;
Appears in 2 contracts
Samples: Underwriting Agreement (Protara Therapeutics, Inc.), Underwriting Agreement (Protara Therapeutics, Inc.)
Earnings Statement. To make generally available to its stockholders as soon as practicable, but in any event not later than sixteen eighteen (1618) months after the effective date of the Registration Statement (as defined in Rule 158(c) of the Rules and Regulations), an earnings statement of the Company and its subsidiaries (which need not be audited) complying with Section 11(a) of the Securities Act (including, at the option of the Company, Rule 158).;
Appears in 1 contract
Earnings Statement. To make generally available to its stockholders shareholders as soon as practicable, but in any event not later than sixteen (16) months after the effective date of the each Registration Statement (as defined in Rule 158(c) of the Rules and Securities Act Regulations), an earnings statement of the Company and its subsidiaries (which need not be audited) complying with Section 11(a) of the Securities Act and the Securities Act Regulations (including, at the option of the Company, Rule 158).
Appears in 1 contract
Samples: Underwriting Agreement (CVSL Inc.)
Earnings Statement. To make generally available to its stockholders as soon as practicable, but in any event not later than sixteen (16) 16 months after the effective date of the Registration Statement (as defined in Rule 158(c) of the Rules and Regulations), an earnings statement of the Company and its subsidiaries (which need not be audited) complying with Section 11(a) of the Securities Act (including, at the option of the Company, Rule 158).
Appears in 1 contract
Earnings Statement. To The Company will make generally available to its stockholders as soon as practicable, but in any event not later than sixteen (16) 18 months after the effective date of the Registration Statement (as defined in Rule 158(c) of under the Rules and RegulationsSecurities Act), an earnings statement of the Company and its subsidiaries (which need not be audited) complying with Section 11(a) of the Securities Act and the rules and regulations thereunder (including, at the option of the Company, Rule 158158 under the Securities Act).
Appears in 1 contract
Earnings Statement. To make generally available to its stockholders as soon as practicable, but in any event not later than sixteen (16) months after the effective date of the Registration Statement (as defined in Rule 158(c) of the Rules and Regulations), an earnings statement of the Company and its subsidiaries (which need not be audited) complying with Section 11(a) of the Securities Act (including, at the option of the Company, Rule 158); provided that the Company will be deemed to have furnished such statement to its stockholders to the extent it is filed on EXXXX.
Appears in 1 contract
Samples: Underwriting Agreement (Emcore Corp)
Earnings Statement. To make generally available to its stockholders as As soon as practicable, but in any event not later than sixteen (16) 18 months after the effective date of the Registration Statement Statements (as defined in Rule 158(c) under the Securities Act), the Company will make generally available to holders of its securities and deliver to the Rules and Regulations)Placement Agent, an earnings statement of the Company and its subsidiaries (which need not be audited) complying with that will satisfy the provisions of Section 11(a) of the Securities Act (including, at the option and Rule 158 of the Company, Rule 158)Rules and Regulations.
Appears in 1 contract
Samples: Placement Agency Agreement (Avanir Pharmaceuticals)
Earnings Statement. To make generally available to its stockholders as soon as practicable, but in any event not later than sixteen (16) months after the effective date of the Registration Statement (as defined in Rule 158(c) of the Rules and Regulations), an earnings statement of the Company and its subsidiaries Material Subsidiaries (which need not be audited) complying with Section 11(a) of the Securities Act (including, at the option of the Company, Rule 158).
Appears in 1 contract
Earnings Statement. To make generally available to its stockholders shareholders as soon as practicable, but in any event not later than sixteen (16) months after the effective date of the Registration Statement (as defined in Rule 158(c) of the Rules and Regulations), an earnings statement of the Company and its subsidiaries (which need not be audited) complying with Section 11(a) of the Securities Act (including, at the option of the Company, Rule 158).;
Appears in 1 contract
Earnings Statement. To make generally available to its stockholders as soon as practicable, but in any event not later than sixteen (16) months after the effective date of the Registration Statement (as defined in Rule 158(c) of the Rules and Regulations), an earnings statement of the Company and its subsidiaries (which need not be audited) complying with Section 11(a) of the Securities Act (including, at the option of the Company, Rule 158), which may be satisfied by the Company’s filings on EXXXX.
Appears in 1 contract
Earnings Statement. To make generally available to its stockholders as soon as practicable, but in any event not later than sixteen (16) months after the effective date of the Registration Statement (as defined in Rule 158(c) of the Rules and Regulations), an earnings statement of the Company and its subsidiaries (which need not be audited) complying with Section 11(a) of the Securities Act (including, at the option of the Company, Rule 158).with
Appears in 1 contract
Earnings Statement. To make generally available to its stockholders as soon as practicable, but in any event not later than sixteen (16) months after the effective date of the Registration Statement (as defined in Rule 158(c) of the Rules and Regulations), an earnings statement of the Company and its subsidiaries (which need not be audited) complying with Section 11(a) of the Securities Act (including, at the option of the Company, Rule 158).Section
Appears in 1 contract
Earnings Statement. To make generally available to its stockholders as soon as practicable, but in any event not later than sixteen (16) months after the effective date of the Registration Statement Statements (as defined in Rule 158(c) of the Rules and Regulations), an earnings statement of the Company and its subsidiaries (which need not be audited) complying with Section 11(a) of the Securities Act (including, at the option of the Company, Rule 158).
Appears in 1 contract
Earnings Statement. To make generally available to its stockholders shareholders as soon as practicable, but in any event not later than sixteen (16) months after the effective date of the Registration Statement (as defined in Rule 158(c) of the Rules and Regulations), an earnings statement of the Company and its subsidiaries the Subsidiary (which need not be audited) complying with Section 11(a) of the Securities Act (including, at the option of the Company, Rule 158).
Appears in 1 contract
Samples: Underwriting Agreement (Milestone Pharmaceuticals Inc.)
Earnings Statement. To make generally available (which may be satisfied by filing with the Commission’s EXXXX system) to its stockholders as soon as practicable, but in any event not later than sixteen fifteen (1615) months after the effective date of the Registration Statement (as defined in Rule 158(c) of the Rules and Regulations), an earnings statement of the Company and its subsidiaries (which need not be audited) complying with Section 11(a) of the Securities Act (including, at the option of the Company, Rule 158).
Appears in 1 contract
Earnings Statement. To make generally available (which may be satisfied by filing with the Commission’s EDXXX xystem) to its stockholders as soon as practicable, but in any event not later than sixteen fifteen (1615) months after the effective date of the Registration Statement (as defined in Rule 158(c) of the Rules and Regulations), an earnings statement of the Company and its subsidiaries (which need not be audited) complying with Section 11(a) of the Securities Act (including, at the option of the Company, Rule 158).
Appears in 1 contract
Earnings Statement. To make generally available to its stockholders shareholders as soon as reasonably practicable, but in any event not later than sixteen (16) months after the effective date of the Registration Statement (as defined in Rule 158(c) of the Rules and Regulations), an earnings statement of the Company and its subsidiaries (which need not be audited) complying with Section 11(a) of the Securities Act (including, at the option of the Company, Rule 158); provided that such earnings statement shall be deemed to be made available to the extent it is included in a filing with the Commission on XXXXX.
Appears in 1 contract
Earnings Statement. To The Company will make generally available to its stockholders and the Representatives as soon as reasonably practicable, but in any event not later than sixteen (16) months after the effective date of the Registration Statement (as defined in Rule 158(c) of under the Rules and Regulations), Act) an earnings statement of the Company and its subsidiaries Subsidiaries (which need not be audited) complying with Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder (including, at the option of the Company, Rule 158).;
Appears in 1 contract
Samples: Era Group Inc.
Earnings Statement. To make generally available to its stockholders as soon as practicable, but in any event not later than sixteen (16) months after the effective date of the Registration Statement (as defined in Rule 158(c) of the Rules and Regulations), an earnings statement of the Company and its subsidiaries (which need not be audited) complying with Section 11(a) of the Securities Act (including, at the option of the Company, Rule 158); provided that the Company will be deemed to have furnished such statement to its stockholders to the extent it is filed on XXXXX.
Appears in 1 contract
Samples: Underwriting Agreement (Emcore Corp)