Future Reports to the Underwriter. For so long as the Company has a class of securities registered under the Exchange Act, during the period of five years hereafter the Company will furnish to the Underwriter at 000 Xxxxx Xxxxx Xxxxxx, Xxxxx 0000, Xxxxxxxxxxx, Xxxxxxxxx 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 registered 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, 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, if such documents are publicly available in electronic format on the website of the Company or the Commission, the Company shall be deemed to have satisfied this covenant.
Appears in 2 contracts
Samples: Underwriting Agreement (ProUroCare Medical Inc.), Underwriting Agreement (ProUroCare Medical Inc.)
Future Reports to the Underwriter. For so long as the Company has a class of securities registered under the Exchange Act, during During the period of five years hereafter the Company will furnish or make available to the Underwriter Jefferies at 000 Xxxxx Xxxxx Xxxxxxx Xxxxxx, Xxxxx 0000Xxx Xxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000Xxx Xxxx Attention: 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 registered 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, FINRA or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed furnished or made available generally to holders of its capital stock; provided, provided however, if such documents are publicly available in electronic format on the website that all requirements of the Company or the Commission, the Company this subsection (p) shall be deemed satisfied to have satisfied this covenantthe extent the reports, communications, financial statements or other documents referenced herein are available on XXXXX.
Appears in 2 contracts
Samples: Underwriting Agreement (Delcath Systems Inc), Underwriting Agreement (Cytori Therapeutics, Inc.)
Future Reports to the Underwriter. For so long as the Company has a class of securities registered under the Exchange Act, during During the period of five two years hereafter hereafter, the Company will furnish to the Underwriter Underwriter, c/x Xxxxxxxxx, at 000 Xxxxx Xxxxx Xxxxxxx Xxxxxx, Xxxxx 0000Xxx Xxxx, XxxxxxxxxxxXxx Xxxx 00000, Xxxxxxxxx 00000Attention: Global Head of Syndicate: (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 registered 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, FINRA or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed furnished or made available generally to holders of its capital stock; provided, however, if that the requirements of this Section 3A(p) shall be satisfied to the extent that such reports, statement, communications, financial statements or other documents are publicly available in electronic format on the website of the Company or the Commission, the Company shall be deemed to have satisfied this covenantXXXXX.
Appears in 1 contract
Samples: Underwriting Agreement (Ruths Hospitality Group, Inc.)
Future Reports to the Underwriter. For so long as the Company has a class of securities registered under the Exchange Act, during During the period of five years hereafter the Company will furnish or make available to the Underwriter at U.S. Bancorp Center, 000 Xxxxx Xxxxx Xxxxxx, Xxxxx 0000Xxxxxxxx Xxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000Xxxxxxxxx, 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 registered 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, FINRA or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed furnished or made available generally to holders of its capital stock; provided, however, if such documents are publicly available in electronic format on provided that the website requirements of the Company or the Commission, the Company this subsection (p) shall be deemed satisfied to have satisfied this covenantthe extent the reports, communications, financial statements or other documents referenced herein are available on XXXXX.
Appears in 1 contract
Samples: Underwriting Agreement (Somaxon Pharmaceuticals, Inc.)
Future Reports to the Underwriter. For so long as the Company has a class of securities registered under the Exchange Act, during During the period of five years hereafter hereafter, but only to the extent such reports are not publicly available on XXXXX, the Company will furnish to the Underwriter at 000 Xxxxx Xxxxxxxxxx Xxxxxx, San Francisco, CA 94111 Attention: Xxxxx Xxxxxx, Xxxxx 0000, Xxxxxxxxxxx, Xxxxxxxxx 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 registered 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, FINRA 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, if such documents are publicly available in electronic format on the website of the Company or the Commission, the Company shall be deemed to have satisfied this covenant.
Appears in 1 contract
Samples: Underwriting Agreement
Future Reports to the Underwriter. For so long as the Company has a class of securities registered under the Exchange Act, during During the period of five three years hereafter hereafter, to the extent such information is not available on the Commission’s website or the Company’s website, the Company will furnish to the Underwriter at 000 Xxxxx Xxxxx Xxxxxx, Xxxxx 0000, Xxxxxxxxxxx, Xxxxxxxxx 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 registered 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 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, if provided that the filing of such documents are publicly available in electronic format on the website of the Company or reports and communications through the Commission, the Company ’s XXXXX system shall be deemed to have satisfied satisfy this covenantSection 3(p).
Appears in 1 contract
Future Reports to the Underwriter. For so long as Unless such documents are publicly available on the Company has a class of securities registered under the Exchange ActCommission’s website, during the period of five three years hereafter the Company will furnish to the Underwriter at 000 Xxxxx Xxxxx 0 Xxxx 00xx Xxxxxx, Xxxxx 0000Xxx Xxxx, Xxxxxxxxxxx, Xxxxxxxxx Xxx Xxxx 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 registered 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, FINRA 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, if such documents are publicly available in electronic format on the website of the Company or the Commission, the Company shall be deemed to have satisfied this covenant.
Appears in 1 contract
Future Reports to the Underwriter. For so long as the Company has a class of securities registered under the Exchange Act, during During the period of five years hereafter the Company will furnish to the Underwriter at 000 Xxxxx Xxxxx Xxxxxxx Xxxxxx, Xxxxx 0000Xxx Xxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000Xxx Xxxx 00000 Attention: 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 registered 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, 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, if such documents are publicly available in electronic format on the website of that the Company or the Commission, the Company shall will be deemed to have satisfied this covenantfurnished such reports and financial statements to the Underwriter to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis and Retrieval system or any successor thereto.
Appears in 1 contract
Samples: Underwriting Agreement (Igate Corp)
Future Reports to the Underwriter. For so long as the Company has a class of securities registered under the Exchange Act, during During the period of five years hereafter the Company will furnish to the Underwriter X.X. Xxxxxx at 000 Xxxxx Xxxxx Xxxxxxx Xxxxxx, Xxxxx 0000Xxx Xxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000Xxx Xxxx Attention: Equity Syndicate Desk: (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 registered 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, 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; providedexcept in each case, howeverreports, if such filings and other documents referenced herein that are publicly available in electronic format on the website of the Company or the Commission, the Company shall be deemed to have satisfied this covenantXXXXX.
Appears in 1 contract
Future Reports to the Underwriter. For so long as the Company has a class of securities registered under the Exchange Act, during During the period of five years hereafter the Company will furnish furnish, to the extent not available on EXXXX, to the Underwriter at 000 Xxxxx Xxxxx 500 Xxxxxxx Xxxxxx, Xxxxx 0000Xxx Xxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000Xxx Xxxx Attention: 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 registered 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, FINRA the NASD or any securities exchangeexchange or quotation system; 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, if such documents are publicly available in electronic format on the website of the Company or the Commission, the Company shall be deemed to have satisfied this covenant.
Appears in 1 contract
Future Reports to the Underwriter. For so long as the Company has a class of securities registered under the Exchange Act, during During the period of five years hereafter the Company will furnish to the Underwriter Underwriter, Xxxxx and Company, LLC at 000 Xxxxx Xxxxx Xxxxxxxxx Xxxxxx, Xxxxx 000000xx Xxxxx, XxxxxxxxxxxXxx Xxxx, Xxxxxxxxx Xxx Xxxx 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 registered 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, FINRA Commission or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed furnished or made available generally to holders of its capital stock; provided, however, if that the requirements of this Section 3(p) shall be satisfied to the extent that such reports, statement, communications, financial statements or other documents are publicly available in electronic format on the website of the Company or the Commission, the Company shall be deemed to have satisfied this covenantXXXXX.
Appears in 1 contract
Samples: Underwriting Agreement (La Jolla Pharmaceutical Co)
Future Reports to the Underwriter. For so long as the Company has a class of securities registered under the Exchange Act, during During the period of five years hereafter hereafter, the Company will furnish to the Underwriter Underwriter, c/x Xxxxxxxxx, at 000 Xxxxx Xxxxx Xxxxxxx Xxxxxx, Xxxxx 0000Xxx Xxxx, XxxxxxxxxxxXxx Xxxx 00000, Xxxxxxxxx 00000Attention: Global Head of Syndicate: (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report on Form 10-K 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 registered 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, FINRA or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed furnished or made available generally to holders of its capital stock; provided, however, if such documents are publicly available in electronic format on the website of the Company or the Commission, the Company shall be deemed to have satisfied this covenant.
Appears in 1 contract
Future Reports to the Underwriter. For so long as the Company has a class of securities registered under the Exchange Act, during During the period of five years hereafter hereafter, the Company will furnish to the Underwriter Jefferies LLC at 000 Xxxxx Xxxxx XxxxxxXxxxxxx, Xxxxx 0000Xxx Xxxx, XxxxxxxxxxxXxx Xxxx 00000, Xxxxxxxxx 00000Attention: Global Head of Syndicate: (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 registered 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, FINRA Commission or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed furnished or made available generally to holders of its capital stock; provided, however, if that the requirements of this Section 3(q) shall be satisfied to the extent that such reports, statement, communications, financial statements or other documents are publicly available in electronic format on the website of the Company or the Commission, the Company shall be deemed to have satisfied this covenantXXXXX.
Appears in 1 contract
Samples: Underwriting Agreement (Heron Therapeutics, Inc. /De/)
Future Reports to the Underwriter. For so long as the Company has a class of securities registered under the Exchange Act, during During the period of five years one year hereafter the Company Issuer will furnish to the Underwriter at 000 Xxxxx Xxxxx 0 Xxxx 00xx Xxxxxx, Xxxxx 0000Xxx Xxxx, Xxxxxxxxxxx, Xxxxxxxxx XX 00000: (i) as soon as practicable after the end of each fiscal year, copies of the Annual Report of the Company Issuer containing the balance sheet of the Company Issuer 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 CompanyIssuer’s independent registered 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 Issuer with the Commission, FINRA the NASD or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company Issuer mailed generally to holders of its capital stock; provided, however, if provided that no such documents reports need be furnished to the extent they are publicly filed with the Commission and available in electronic format on the website of the Company or through the Commission, the Company shall be deemed to have satisfied this covenant’s XXXXX website.
Appears in 1 contract
Future Reports to the Underwriter. For so long as the Company has a class of securities registered under the Exchange Act, during During the period of five years hereafter the Company will furnish to the Underwriter at 000 Xxxxx Xxxxx 600 Xxxxxxxxxx Xxxxxx, Xxxxx 0000San Francisco, XxxxxxxxxxxCA 94111, Xxxxxxxxx 00000Attention: Ms. Xxxxxxxx Xxxxxx, and to O'Melveny & Myerx XXX at the address set forth in Section 13 (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 registered 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, FINRA 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, if such documents are publicly available in electronic format on the website of the Company or the Commission, the Company shall be deemed to have satisfied this covenant.
Appears in 1 contract
Future Reports to the Underwriter. For so long as the Company has a class of securities registered under the Exchange Act, during During the period of five years hereafter hereafter, the Company will furnish to the Underwriter Underwriter, c/o Xxxxxxxxx, at 000 Xxxxx Xxxxx 500 Xxxxxxx Xxxxxx, Xxxxx 0000Xxx Xxxx, XxxxxxxxxxxXxx Xxxx 00000, Xxxxxxxxx 00000Attention: Global Head of Syndicate: (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 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 public report filed by the Company with the Commission, FINRA Commission or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed furnished or made available generally to holders of its capital stock; provided, however, if that the requirements of this Section 3(q) shall be satisfied to the extent that such reports, statement, communications, financial statements or other documents are publicly available in electronic format on the website of the Company or the Commission, the Company shall be deemed to have satisfied this covenantEXXXX.
Appears in 1 contract
Samples: Underwriting Agreement (Collegium Pharmaceutical, Inc)
Future Reports to the Underwriter. For so long as the Company has a class of securities registered under the Exchange Act, during During the period of five years hereafter the Company will furnish or make available to the Underwriter Jefferies at 000 Xxxxx Xxxxx Xxxxxxx Xxxxxx, Xxxxx 0000Xxx Xxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000Xxx Xxxx Attention: 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 registered 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, FINRA or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed furnished or made available generally to holders of its capital stock; provided, provided however, if such documents are publicly available in electronic format on the website that all requirements of the Company or the Commission, the Company this subsection (q) shall be deemed satisfied to have satisfied this covenantthe extent the reports, communications, financial statements or other documents referenced herein are available on XXXXX.
Appears in 1 contract
Future Reports to the Underwriter. For so long as the Company has a class of securities registered under the Exchange Act, during During the period of five years hereafter hereafter, but only to the extent such reports are not publicly available on XXXXX, the Company will furnish to the Underwriter at 000 Xxxxx Xxxxx 0 Xxxx 00xx Xxxxxx, Xxxxx 0000Xxx Xxxx, XxxxxxxxxxxXxx Xxxx 00000, Xxxxxxxxx 00000: Attention Xxxxxxx X. Xx
(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 registered 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, FINRA 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, if such documents are publicly available in electronic format on the website of the Company or the Commission, the Company shall be deemed to have satisfied this covenant.
Appears in 1 contract
Future Reports to the Underwriter. For so long as the Company has a class of securities registered under the Exchange Act, during During the period of five years hereafter the Company will furnish or make available to the Underwriter Jefferies at 000 Xxxxx Xxxxx Xxxxxxx Xxxxxx, Xxxxx 0000Xxx Xxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000Xxx Xxxx Attention: 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 registered 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, FINRA or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed furnished or made available generally to holders of its capital stock; provided, however, if such documents are publicly available in electronic format on provided that the website requirements of the Company or the Commission, the Company this subsection (p) shall be deemed satisfied to have satisfied this covenantthe extent the reports, communications, financial statements or other documents referenced herein are available on XXXXX.
Appears in 1 contract
Samples: Underwriting Agreement (Neurocrine Biosciences Inc)
Future Reports to the Underwriter. For so long as the Company has a class of securities registered under the Exchange Act, during During the period of five years hereafter hereafter, the Company will furnish to the Underwriter Underwriter, c/x Xxxxxxxxx, at 000 Xxxxx Xxxxx Xxxxxxx Xxxxxx, Xxxxx 0000Xxx Xxxx, XxxxxxxxxxxXxx Xxxx 00000, Xxxxxxxxx 00000Attention: Global Head of Syndicate: (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 registered 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, FINRA Commission or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed furnished or made available generally to holders of its capital stock; provided, however, if that the requirements of this Section 3(p) shall be satisfied to the extent that such reports, statement, communications, financial statements or other documents are publicly available in electronic format on the website of the Company or the Commission, the Company shall be deemed to have satisfied this covenantXXXXX.
Appears in 1 contract
Samples: Underwriting Agreement (Progenics Pharmaceuticals Inc)
Future Reports to the Underwriter. For so long as the Company has a class of securities registered under the Exchange Act, during During the period of five years hereafter hereafter, the Company will furnish to the Underwriter Underwriter, c/o BTIG, LLC at 000 Xxxxx Xxxxx Xxxxxxxxxx Xxxxxx, Xxxxx 00006th Floor, XxxxxxxxxxxSan Francisco, Xxxxxxxxx 00000California 94111, Attention: Head of 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 registered 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, FINRA Commission or any securities exchange; and (iii) as soon as available, copies of any report or communication of the Company mailed furnished or made available generally to holders of its capital stock; provided, however, if that the requirements of this Section 3(p) shall be satisfied to the extent that such reports, statement, communications, financial statements or other documents are publicly available in electronic format on the website of the Company or the Commission, the Company shall be deemed to have satisfied this covenantXXXXX.
Appears in 1 contract
Samples: Underwriting Agreement (Eiger BioPharmaceuticals, Inc.)
Future Reports to the Underwriter. For so long as the Company has a class of securities registered under the Exchange Act, during During the period of five three (3) years hereafter hereafter, but only to the extent not otherwise available on EXXXX, the Company will furnish to the Underwriter at 000 Xxxxx 100 Xxxxx Xxxxxx, Xxxxx 0000Xxxxxxxxx, XxxxxxxxxxxXX 00000, Xxxxxxxxx 00000Attention: Investment Banking: (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, stockholders’ equity and cash flows for the year then ended and the opinion thereon of the Company’s independent registered 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, FINRA the NASD or any securities exchangeexchange or association; and (iii) as soon as available, copies of any report or communication of the Company mailed generally to holders of its capital stock; providedstock and (iv) as soon as practical after the filing thereof, however, if such copies of all other documents are publicly available in electronic format on the website of the Company or reports filed with the Commission, the Company shall be deemed to have satisfied this covenantNASD or any national securities exchange or association.
Appears in 1 contract
Samples: Underwriting Agreement (Patriot Capital Funding, Inc.)