Common use of Future Reports to the Representatives Clause in Contracts

Future Reports to the Representatives. During the period of five years hereafter the Company will furnish to the Representatives, c/o BMO Capital Markets Corp., 0 Xxxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: [ ], (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders’ equity and cash flows for the year then ended and the opinion thereon of the Company’s independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock.

Appears in 1 contract

Samples: Underwriting Agreement (FCStone Group, Inc.)

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Future Reports to the Representatives. During the period of five years hereafter the Company will furnish to the Representatives, c/o BMO Capital Markets Corp., BAS at 0 Xxxxx Xxxx 00xx Xxxxxx, Xxx Xxxx, XX 00000, 00000 Attention: [ ], Xxxxxx X. Xxxxxxxx (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders’ shareholders' equity and cash flows for the year then ended and the opinion thereon of the Company’s 's independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock.

Appears in 1 contract

Samples: Underwriting Agreement (Gander Mountain Co)

Future Reports to the Representatives. During the period of five years hereafter the Company will furnish to the Representatives, c/o BMO Capital Markets Corp., Representatives at 0 Xxxxx Xxxx 00xx Xxxxxx, Xxx Xxxx, XX 00000, Xxx Xxxx 00000 Attention: [ ], Xxxxx Xxxxxxxx: (i) as soon as reasonably practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders’ equity and cash flows for the year then ended and the opinion thereon of the Company’s independent public or certified public accountants; (ii) as soon as reasonably practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock.

Appears in 1 contract

Samples: Underwriting Agreement (Acadia Pharmaceuticals Inc)

Future Reports to the Representatives. During the period of five years hereafter hereafter, the Company will furnish to the Representatives, Representatives c/o BMO Capital Markets Corp., 0 Xxxxx XxxxxxMorgan Xxxxxxx at 0000 Xxxxxxxx, Xxx Xxxx, XX Xxx Xxxx 00000, Attention: [ ], (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders’ equity and cash flows for the year then ended and the opinion thereon of the Company’s independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD FINRA or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock; provided, however, that the Company will not be required to furnish reports or other communications or information that is available on XXXXX or through other publicly available electronic means.

Appears in 1 contract

Samples: Underwriting Agreement (Old Republic International Corp)

Future Reports to the Representatives. During the period of five two years hereafter the Company will furnish to the Representatives, c/o BMO Capital Markets Corp., Representatives at 0 Xxxxx Xxxx 00xx Xxxxxx, Xxx Xxxx, XX 00000, AttentionAttn: [ ], or otherwise make available to the Representatives: (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders’ equity and cash flows for the year then ended and the opinion thereon of the Company’s independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock.

Appears in 1 contract

Samples: Underwriting Agreement (GeoMet, Inc.)

Future Reports to the Representatives. During the period of five years hereafter the Company will furnish to the Representatives, c/o BMO Capital Markets Corp., 0 Xxxxx Xxxxxx, Xxx Representatives at 0000 Xxxxxxxxx Xxxx, XX 00000XX, Attention: [ ]00xx Xxxxx, Xxxxxxx, XX, 00000 (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders’ equity and cash flows for the year then ended and the opinion thereon of the Company’s independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD FINRA or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock.

Appears in 1 contract

Samples: Underwriting Agreement (Sovran Self Storage Inc)

Future Reports to the Representatives. During the period of five three years hereafter hereafter, the Company will furnish to the Representatives, Representatives at c/o BMO Capital Markets Corp.Banc of America Securities LLC, 0 Xxxxx Xxxx 00xx Xxxxxx, Xxx Xxxx, XX 00000, Attention10022:[___]: [ ], (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholdersshareholders’ equity and cash flows for the year then ended and the opinion thereon of the Company’s independent registered public or certified public accountantsaccounting firm; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 1020-K, Quarterly Report on Form 10-QF, Current Report on Form 86-K or other report filed or furnished by the Company with or to the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock. For purposes of complying with the requirements of this paragraph (q), filings made by the Company on the Commission’s XXXXX filing system shall be deemed furnished to the Representatives.

Appears in 1 contract

Samples: Underwriting Agreement (Oceanfreight Inc.)

Future Reports to the Representatives. During the period of five years hereafter the Company will furnish to the Representatives, c/o BMO Capital Markets Corp., 0 Xxxxx Xxxxxx, Xxx Representatives at 000 Xxxxxxxx Xxxx, Xxxxxxxxxxx, XX 00000, 00000 Attention: [ ], Equity Capital Markets: (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders’ equity and cash flows for the year then ended and the opinion thereon of the Company’s independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock; provided, however, that the Company shall not be required to furnish copies of such reports, documents or communications that are filed with the Commission and available through XXXXX.

Appears in 1 contract

Samples: Underwriting Agreement (Ev3 Inc.)

Future Reports to the Representatives. During the period of five years hereafter the Company will furnish to each Representative (with the Representatives, c/o BMO Capital Markets Corp., 0 Xxxxx copy to BAS to be sent to 600 Xxxxxxxxxx Xxxxxx, Xxx XxxxSan Francisco, XX 00000, CA 94111 Attention: [ ], Edwaxx X. Xxxxxxxxxx): (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders' equity and cash flows for the year then ended and the opinion thereon of the Company’s 's independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock.

Appears in 1 contract

Samples: Underwriting Agreement (Charles River Associates Inc)

Future Reports to the Representatives. During the period of five years hereafter the Company will furnish to the Representatives, c/o BMO Capital Markets Corp., 0 Xxxxx Representatives at 000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000, Xxx Xxxx Attention: [ ], General Counsel: (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders’ equity and cash flows for the year then ended and the opinion thereon of the Company’s independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock.

Appears in 1 contract

Samples: Underwriting Agreement (Active Network Inc)

Future Reports to the Representatives. During the period of five years hereafter the Company will furnish to the Representatives, c/o BMO Capital Markets Corp., 0 Xxxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: [ ], Equity Capital Markets (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders’ equity and cash flows for the year then ended and the opinion thereon of the Company’s independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock.

Appears in 1 contract

Samples: Underwriting Agreement (FCStone Group, Inc.)

Future Reports to the Representatives. During the period of five years hereafter the Company will furnish furnish, if not otherwise available on XXXXX, to the Representatives, c/o BMO Capital Markets Corp., Representatives at 0 Xxxxx Xxxx 00xx Xxxxxx, Xxx Xxxx, XX 00000, 00000 Attention: [ ], Legal Department: (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders’ equity and cash flows for the year then ended and the opinion thereon of the Company’s independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock.

Appears in 1 contract

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

Future Reports to the Representatives. During the period of five years hereafter the Company will furnish to the Representatives, c/o BMO Capital Markets Corp., 0 Xxxxx Xxxxxx, Xxx Representatives at 0000 Xxxxxxxxx Xxxx, XX 00000XX, Attention: [ ]00xx Xxxxx, Xxxxxxx, XX, 00000 (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders’ equity and cash flows for the year then ended and the opinion thereon of the Company’s independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD FINRA or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock.

Appears in 1 contract

Samples: Underwriting Agreement (Sovran Self Storage Inc)

Future Reports to the Representatives. During To the extent not available on Xxxxx, during the period of five years hereafter after the Closing Date the Company will furnish to the Representatives, c/o BMO Capital Markets Corp., Representatives at 0 Xxxxx Xxxx 00xx Xxxxxx, Xxx Xxxx, XX 00000, Attention: [ ], 00000 (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report annual report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholdersshareholders’ equity and cash flows for the year then ended and the opinion thereon of the Company’s independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock.

Appears in 1 contract

Samples: Purchase Agreement (School Specialty Inc)

Future Reports to the Representatives. During the period of five years hereafter the Company will furnish to the RepresentativesRepresentatives at Xxx Xxxxxxxxxxxxx Xxxxx, c/o BMO Capital Markets Corp., 0 Xxxxx Xxxxxx, Xxx Xxxx, XX 00000, 00000 Attention: [ ], M. Xxxxxxxx Xxxx. (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders’ shareholders' equity and cash flows for the year then ended and the opinion thereon of the Company’s 's independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock.

Appears in 1 contract

Samples: Underwriting Agreement (Peritus Software Services Inc)

Future Reports to the Representatives. During the period of five years hereafter the Company will furnish to the Representatives, Representatives c/o BMO Capital Markets Corp., 0 Xxxxx Banc of America Securities at 000 Xxxxxxxxxx Xxxxxx, Xxx XxxxSan Francisco, XX 00000, CA 94111 Attention: [ ], : (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders’ shareholders' equity and cash flows for the year then ended and the opinion thereon of the Company’s 's independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock.

Appears in 1 contract

Samples: Underwriting Agreement (California Pizza Kitchen Inc)

Future Reports to the Representatives. During the period of five years hereafter the Company will furnish to the Representatives, c/o BMO Capital Markets Corp., 0 Xxxxx Representatives at 000 Xxxxxxxxxx Xxxxxx, Xxx XxxxSan Francisco, XX 00000, CA 94111 Attention: [ ], (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders' equity and cash flows for the year then ended and the opinion thereon of the Company’s 's independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock. Banc of America Securities, on behalf of the several Underwriters, may, in its sole discretion, waive in writing the performance by the Company of any one or more of the foregoing covenants or extend the time for their performance.

Appears in 1 contract

Samples: Underwriting Agreement (Carlson Restaurants Worldwide Inc)

Future Reports to the Representatives. During the period of five years hereafter the Company will furnish to the Representatives, c/o BMO Capital Markets Corp., Representatives at 0 Xxxxx Xxxx 00xx Xxxxxx, Xxx Xxxx, XX Xxx Xxxx 00000, Attention: [ ], Xxxx Xxx Xxxxx (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders’ equity and cash flows for the year then ended and the opinion thereon of the Company’s independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock.

Appears in 1 contract

Samples: Underwriting Agreement (Red Robin Gourmet Burgers Inc)

Future Reports to the Representatives. During the period of five years hereafter hereafter, the Company will furnish to the Representatives, c/o BMO Capital Markets Corp., 0 Xxxxx Representatives at 600 Xxxxxxxxxx Xxxxxx, Xxx XxxxSan Francisco, XX 00000, CA 94111 Attention: [ ], Franx X. Xxxxxxx: (ix) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders' equity and cash flows for the year then ended and the opinion thereon of the Company’s 's independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock.

Appears in 1 contract

Samples: Underwriting Agreement (Corporatefamily Solutions Inc)

Future Reports to the Representatives. During the period of five years hereafter the Company will furnish to the Representatives, Representatives at c/o BMO Capital Markets Corp.Banc of America Securities LLC, 0 Xxxxx 000 Xxxxxxxxxx Xxxxxx, Xxx XxxxSan Francisco, XX 00000, Attention: [ ], CA 94111 (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders’ shareholders' equity and cash flows for the year then ended and the opinion thereon of the Company’s 's independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock.

Appears in 1 contract

Samples: Underwriting Agreement (Metron Technology N V)

Future Reports to the Representatives. During the period of five three years hereafter the Company will furnish to the Representatives, c/o BMO Capital Markets Corp., 0 Xxxxx Representatives at 9 Xxxx 00xx Xxxxxx, Xxx Xxxx, XX 00000, Xxx Xxxx 00000 Attention: [ ], Sxxx Xxxxxxxx: (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders’ equity and cash flows for the year then ended and the opinion thereon of the Company’s independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock.

Appears in 1 contract

Samples: Underwriting Agreement (Barnes Group Inc)

Future Reports to the Representatives. During the period of five years hereafter the Company will furnish to the Representatives, c/o BMO Capital Markets Corp., Representatives at 0 Xxxxx Xxxx 00xx Xxxxxx, Xxx Xxxx, XX 00000, 00000 Attention: [ ], Xxxx Xxxxx (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders' equity and cash flows for the year then ended and the opinion thereon of the Company’s 's independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock.

Appears in 1 contract

Samples: Underwriting Agreement (Gart Sports Co)

Future Reports to the Representatives. During the period of five years hereafter the Company will furnish to the Representatives, c/o BMO Capital Markets Corp., BAS at 0 Xxxxx Xxxx 00xx Xxxxxx, Xxx Xxxx, XX 00000, Attention: [ ], Xxxx Xxxxxx (i) as soon as practicable after the end of each fiscal yearfiling thereof, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and Table of Contents statements of income, stockholders’ equity and cash flows for the year then ended and the opinion thereon of the Company’s independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock.

Appears in 1 contract

Samples: Underwriting Agreement (Caci International Inc /De/)

Future Reports to the Representatives. During the period of five years hereafter the Company will furnish to the Representatives, c/o BMO Capital Markets Corp., 0 Xxxxx BAS at 9 Xxxx 00xx Xxxxxx, Xxx Xxxx, XX 00000, 00000 Attention: [ ], Legal Department: (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders’ equity and cash flows for the year then ended and the opinion thereon of the Company’s independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchangeexchange that is not publicly available via the Commission’s Web site; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock.

Appears in 1 contract

Samples: Underwriting Agreement (Threshold Pharmaceuticals Inc)

Future Reports to the Representatives. During the period of five two years hereafter hereafter, or such shorter period as the Company shall have securities registered under Section 12(b) or 12(g) of the Exchange Act, the Company will furnish to the Representatives, c/o BMO Capital Markets Corp., 0 Xxxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: [ ], Representatives (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders' equity and cash flows for the year then ended and the opinion thereon of the Company’s 's independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock.

Appears in 1 contract

Samples: Underwriting Agreement (Abgenix Inc)

Future Reports to the Representatives. During the period of five years hereafter the Company will furnish to the Representatives, c/o BMO Capital Markets Corp., 0 Representatives at Xxx Xxxxx Xxxxxxxxx Xxxxxx, Xxx XxxxXx. Xxxxx, XX Xxxxxxxx 00000, Attention: [ ], Xxxxxx Xxxx: (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders' equity and cash flows for the year then ended and the opinion thereon of the Company’s 's independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock.

Appears in 1 contract

Samples: Underwriting Agreement (Ellora Energy Inc)

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Future Reports to the Representatives. During the period of five two ------------------------------------- years hereafter the Company will furnish to the Representatives, c/o BMO Capital Markets Corp., 0 Xxxxx Representatives at 000 Xxxxxxxxxx Xxxxxx, Xxx XxxxSan Francisco, XX 00000, CA 94111 Attention: [ ], Xxx Xxxxxx: (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders' equity and cash flows for the year then ended and the opinion thereon of the Company’s 's independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock.

Appears in 1 contract

Samples: Underwriting Agreement (Therma Wave Inc)

Future Reports to the Representatives. During the period of five years hereafter the Company will furnish to the Representatives, c/o BMO Capital Markets Corp., Representatives at 0 Xxxxx Xxxx 00xx Xxxxxx, Xxx Xxxx, XX Xxx Xxxx 00000, Attention: [ ], Xxxx Xxx Xxxxx (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders' equity and cash flows for the year then ended and the opinion thereon of the Company’s 's independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock.

Appears in 1 contract

Samples: Underwriting Agreement (Red Robin Gourmet Burgers Inc)

Future Reports to the Representatives. During the period of five years hereafter the Company will furnish to the Representatives, c/o BMO Capital Markets Corp., 0 Xxxxx Xxxxxx, Xxx Representatives at 000 Xxxxxxxx Xxxx, Xxxxxxxxxxx, XX 00000, 00000 Attention: [ ], Equity Capital Markets: (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders' equity and cash flows for the year then ended and the opinion thereon of the Company’s 's independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock; provided, however, that the Company shall not be required to furnish copies of such reports, documents or communications that are filed with the Commission and available through XXXXX.

Appears in 1 contract

Samples: Underwriting Agreement (Ev3 Inc.)

Future Reports to the Representatives. During the period of five years hereafter the Company will furnish to the Representatives, Representatives c/o BMO Capital Markets Corp., 0 Xxxxx Banc of America Securities at 000 Xxxxxxxxxx Xxxxxx, Xxx XxxxSan Francisco, XX 00000, CA 94111 Attention:Xxxxxxx X. Xxxxx: [ ], (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders’ shareholders' equity and cash flows for the year then ended and the opinion thereon of the Company’s 's independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock.

Appears in 1 contract

Samples: Underwriting Agreement (California Pizza Kitchen Inc)

Future Reports to the Representatives. During the period of five years hereafter after the date of this Agreement, so long as the Company is subject to the reporting requirements of the Securities Exchange Act of 1934, the Company will furnish to the Representatives, c/o BMO Capital Markets Corp., 0 Xxxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: [ ], Representatives (i) as soon as practicable after the end of each fiscal yearmailing thereof to the Company's stockholders, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such the fiscal year covered thereby and statements of income, stockholders' equity and cash flows for the such year then ended and the opinion thereon of the Company’s 's independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock.

Appears in 1 contract

Samples: Underwriting Agreement (Provant Inc)

Future Reports to the Representatives. During the period of five three years hereafter hereafter, the Company will furnish furnish, if not otherwise available on XXXXX, to the Representatives, c/o BMO Capital Markets Corp., Lead Representative at 0 Xxxxx Xxxx 00xx Xxxxxx, Xxx Xxxx, XX 00000, Attention: [ ]Legal Department, (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders’ equity and cash flows for the year then ended and the opinion thereon of the Company’s independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock.

Appears in 1 contract

Samples: Underwriting Agreement (Ruths Chris Steak House, Inc.)

Future Reports to the Representatives. During the period of five years hereafter the Company will furnish to the Representatives, c/o BMO Capital Markets Corp., Representatives at 0 Xxxxx Xxxx 00xx Xxxxxx, Xxx Xxxx, XX 00000, Attention: [ ], Xxxxxx X. Xxxxxxxx: (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders’ equity and cash flows for the year then ended and the opinion thereon of the Company’s independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock; provided, however, that the Company shall not be required to furnish copies of such reports, documents or communications that are filed with the Commission and available through XXXXX.

Appears in 1 contract

Samples: Underwriting Agreement (Ev3 Inc.)

Future Reports to the Representatives. During the period of five years hereafter the Company will furnish to the Representatives, c/o BMO Capital Markets Corp., 0 Xxxxx Representatives at 600 Xxxxxxxxxx Xxxxxx, Xxx XxxxSan Francisco, XX 00000CA 94111, Attention: [ ], Murrxx X. Xxxxxx: (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders' equity and cash flows for the year then ended and the opinion thereon of the Company’s 's independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock. Banc of America Securities LLC, on behalf of the several Underwriters, may, in its sole discretion, waive in writing the performance by the Company of any one or more of the foregoing covenants or extend the time for their performance.

Appears in 1 contract

Samples: Underwriting Agreement (Goracing Com Inc)

Future Reports to the Representatives. During the period of five years hereafter after the date of this Agreement, so long as the Company is subject to the reporting requirements of the Securities Exchange Act of 1934, the Company will furnish to the Representatives, c/o BMO Capital Markets Corp., 0 Xxxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: [ ], Representatives (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders' equity and cash flows for the year then ended and the opinion thereon of the Company’s 's independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock.

Appears in 1 contract

Samples: Underwriting Agreement (Provant Inc)

Future Reports to the Representatives. During the period of five years hereafter the Company will furnish to the Representatives, c/o BMO Capital Markets Corp., Representatives at 0 Xxxxx Xxxx 00xx Xxxxxx, Xxx Xxxx, XX 00000, Attention: [ ]Xxxxx Xxxxxxxx, (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders' equity and cash flows for the year then ended and the opinion thereon of the Company’s 's independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock. BAS, on behalf of the several Underwriters, may, in its sole discretion, waive in writing the performance by the Company of any one or more of the foregoing covenants or extend the time for their performance.

Appears in 1 contract

Samples: Underwriting Agreement (Regeneration Technologies Inc)

Future Reports to the Representatives. During the period of five years hereafter the Company will furnish to the RepresentativesRepresentatives at 600 Montgomery Street, c/o BMO Capital Markets Corp.San Francisco, 0 Xxxxx Xxxxxx, Xxx Xxxx, XX 00000CA 94111, Attention: [ _________], : (ix) as soon xx xxxx as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders’ Shareholders' equity and cash flows for the year then ended and the opinion thereon of the Company’s 's independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock.

Appears in 1 contract

Samples: Underwriting Agreement (Packaged Ice Inc)

Future Reports to the Representatives. During the period of five years hereafter the Company will furnish to the Representatives, c/o BMO Capital Markets Corp., 0 Xxxxx Representatives at 000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX Xxx Xxxx 00000, ; Attention: [ ], General Counsel: (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders' equity and cash flows for the year then ended and the opinion thereon of the Company’s 's independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock; except in each case such documents as are filed pursuant to and are publicly available on XXXXX.

Appears in 1 contract

Samples: Underwriting Agreement (Richardson Electronics LTD/De)

Future Reports to the Representatives. During the period of five three years hereafter the Company will furnish furnish, to the Representativesextent not filed with the Commission pursuant to its XXXXX filing system, c/o BMO Capital Markets Corp., 0 Xxxxx Xxxxxx, Xxx Xxxx, XX 00000, Attention: [ ], to the Representatives (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders’ equity and cash flows for the year then ended and the opinion thereon of the Company’s independent public or certified public accountantsaccountants filed by the Company with the Commission; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD FINRA or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stockstock filed by the Company with the Commission.

Appears in 1 contract

Samples: Underwriting Agreement (Edgen Group Inc.)

Future Reports to the Representatives. During the period of five years hereafter the Company will furnish to the Representatives, c/o BMO Capital Markets Corp., Representatives at 0 Xxxxx Xxxx 00xx Xxxxxx, Xxx Xxxx, XX 00000, 00000 Attention: [ ], Xxx Xxxxx: (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders’ equity and cash flows for the year then ended and the opinion thereon of the Company’s independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock.

Appears in 1 contract

Samples: Underwriting Agreement (Intralase Corp)

Future Reports to the Representatives. During the period of five years hereafter the Company will furnish to the Representatives, c/o BMO Capital Markets Corp.Banc of America Securities LLC, 0 Xxxxx at 000 Xxxxxxxxxx Xxxxxx, Xxx XxxxSan Francisco, XX 00000CA 94111, Attention: :[ ], : (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders' equity and cash flows for the year then ended and the opinion thereon of the Company’s 's independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock.

Appears in 1 contract

Samples: Underwriting Agreement (Tvia Inc)

Future Reports to the Representatives. During the period of five two years hereafter hereafter, the Company will furnish to the Representatives, c/o BMO Capital Markets Corp., Representatives at 0 Xxxxx Xxxx 00xx Xxxxxx, Xxx Xxxx, XX 00000, Attention00000 or otherwise make available to the Representatives: [ ], (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders’ equity and cash flows for the year then ended and the opinion thereon of the Company’s independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock.

Appears in 1 contract

Samples: Underwriting Agreement (GeoMet, Inc.)

Future Reports to the Representatives. During the period of five years hereafter the Company will furnish to the RepresentativesBAS at 9 West 57th Street, c/o BMO Capital Markets Corp.New York, 0 Xxxxx Xxxxxx, Xxx Xxxx, XX 00000, NY 10022 Attention: [ ], Robert Giammarco: (i) as soon as practicable after the end xx xxxx xx xxxxxxxxxxx xxxxx xxx xxx of each fiscal yearfisxxx xxxx, copies xxxxxx of the Annual Report of the Company containing the balance sheet of the Company as of the close of such fiscal year and statements of income, stockholders' equity and cash flows for the year then ended and the opinion thereon of the Company’s 's independent public or certified public accountants; (ii) as soon as practicable after the filing thereof, copies of each proxy statement, Annual Report on Form 10-K, Quarterly Report on Form 10-Q, Current Report on Form 8-K or other report filed by the Company with the Commission, the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock.

Appears in 1 contract

Samples: Underwriting Agreement (Proassurance Corp)

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