Preparation of the Financial Statements. The financial statements, together with the related notes and schedules, filed with the Commission as a part of or incorporated within the Registration Statement and included in the Prospectus present fairly, in all material respects, the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. The supporting schedules included in or incorporated in the Registration Statement present fairly, in all material respects, the information required to be stated therein. Such financial statements and supporting schedules have been prepared in accordance with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto. No other financial statements or supporting schedules are required to be included in or incorporated in the Registration Statement. The financial data set forth or incorporated in the Prospectus under the captions “Selected Financial Data” and the “Ratio of Earnings to Fixed Charges” exhibit fairly present, in all material respects, the information set forth therein on a basis consistent with that of the audited financial statements contained, incorporated or deemed to be incorporated in the Registration Statement.
Appears in 6 contracts
Samples: Sales Agreement (Ocera Therapeutics, Inc.), Sales Agreement (Ocera Therapeutics, Inc.), Sales Agreement (Curis Inc)
Preparation of the Financial Statements. The financial statements, together with the related notes and schedules, statements filed with the Commission as a part of or incorporated within the Registration Statement and included in the Prospectus present fairly, in all material respects, the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. The supporting schedules included in or incorporated in the Registration Statement present fairly, in all material respects, the information required to be stated therein. Such financial statements and supporting schedules have been prepared in accordance conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto. No other financial statements or supporting schedules are required to be included in or incorporated in the Registration StatementStatement or Prospectus. The financial data set forth or incorporated in the Registration Statement and Prospectus under the captions “Selected Financial Data” and the caption “Ratio of Earnings to Fixed Charges” exhibit fairly present, in all material respects, the information set forth therein on a basis consistent with that of the audited financial statements contained, incorporated or deemed to be incorporated in the Registration Statement.
Appears in 3 contracts
Samples: Sales Agreement (Dynavax Technologies Corp), Dynavax Technologies Corp, Dynavax Technologies Corp
Preparation of the Financial Statements. The financial statements, together with the related notes and schedules, statements filed with the Commission as a part of or incorporated within the Registration Statement and included in the Disclosure Package and the Prospectus present fairly, fairly in all material respects, respects the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. The supporting schedules to such financial statements included in or incorporated in the Registration Statement present fairly, fairly in all material respects, respects the information required to be stated therein. Such financial statements and supporting schedules comply as to form with the applicable accounting requirements of the Securities Act and have been prepared in accordance conformity with generally accepted accounting principles as applied in the United States (“GAAP”) applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto. No other financial statements or supporting schedules are required to be included in or incorporated in the Registration Statement. The financial data set forth or incorporated in the preliminary prospectus and the Prospectus under the captions “Selected Prospectus Summary—Summary Financial Data,” “Capitalization” and the “Ratio of Earnings to Fixed ChargesDilution” exhibit fairly present, in all material respects, present the information set forth therein on a basis consistent with that of the audited financial statements contained, incorporated or deemed to be incorporated contained in the Registration Statement.
Appears in 3 contracts
Samples: Underwriting Agreement (Sports Properties Acquisition Corp.), Underwriting Agreement (Sports Properties Acquisition Corp.), Underwriting Agreement (Sports Properties Acquisition Corp.)
Preparation of the Financial Statements. The financial statements, together with the related notes and schedules, filed with the Commission as a part of or incorporated within the Registration Statement and included in the Prospectus present fairly, in all material respects, the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. The supporting schedules included in or incorporated in the Registration Statement present fairly, in all material respects, the information required to be stated therein. Such financial statements and supporting schedules have been prepared in accordance conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto. No other financial statements or supporting schedules are required to be included in or incorporated in the Registration Statement. The financial data set forth or incorporated in the Prospectus under the captions “Selected Financial Data” and the caption “Ratio of Earnings to Fixed Charges” exhibit fairly present, in all material respects, present the information set forth therein on a basis consistent with that of the audited financial statements contained, incorporated or deemed to be incorporated in the Registration Statement.
Appears in 2 contracts
Samples: Sales Agreement (VirnetX Holding Corp), VirnetX Holding Corp
Preparation of the Financial Statements. The condensed consolidating historical financial statements, together with statements and schedules of the related notes and schedules, filed with the Commission as a part of or incorporated within Company included in the Registration Statement and included in the Prospectus present fairly, in all material respects, the consolidated financial position condition, results of operations and cash flows of the Company and its subsidiaries subsidiary as of and at the dates indicated and the results of their operations and cash flows for the periods specified. The supporting schedules included in or incorporated in the Registration Statement present fairlyindicated, comply as to form in all material respects, respects with the information required to be stated therein. Such financial statements applicable accounting requirements of the Securities Act and supporting schedules have been prepared in accordance conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, involved (except as may be expressly stated in otherwise noted therein including with respect to the unaudited financial statements and the related notes theretothereby). No other financial statements or supporting schedules are required to be included in or incorporated by reference in the Registration Statement. The financial data set forth or incorporated in the Prospectus under the captions “Selected Financial Data” and the “Ratio of Earnings to Fixed Charges” exhibit and “Selected Financial Data” fairly present, in all material respects, the information set forth therein on a basis consistent with that of the audited financial statements contained, incorporated or deemed to be incorporated in the Registration Statement.
Appears in 2 contracts
Samples: Sales Agreement (Krystal Biotech, Inc.), Sales Agreement (Krystal Biotech, Inc.)
Preparation of the Financial Statements. The financial statements, together with the related notes and schedules, statements filed with the Commission as a part of or incorporated within the Registration Statement and included in the Disclosure Package and the Prospectus present fairly, in all material respects, fairly the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. The supporting schedules included in or incorporated in the Registration Statement present fairly, in all material respects, fairly the information required to be stated therein. Such financial statements and supporting schedules comply as to form with the applicable accounting requirements of the Securities Act and have been prepared in accordance conformity with generally accepted accounting principles as applied in the United States (“GAAP”) applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto. No other financial statements or supporting schedules are required to be included in or incorporated in the Registration Statement. The financial data set forth or incorporated in the preliminary prospectus and the Prospectus under the captions “Selected Prospectus Summary—Summary Financial Data,” “Capitalization” and the “Ratio of Earnings to Fixed ChargesDilution” exhibit fairly present, in all material respects, present the information set forth therein on a basis consistent with that of the audited financial statements contained, incorporated or deemed to be incorporated contained in the Registration Statement.
Appears in 2 contracts
Samples: Underwriting Agreement (NRDC Acquisition Corp.), Underwriting Agreement (NRDC Acquisition Corp.)
Preparation of the Financial Statements. The financial statements, together with the related notes and schedules, statements filed with the Commission as a part of or incorporated within the Registration Statement and included in the Disclosure Package and the Prospectus present fairly, in all material respects, fairly the consolidated financial position of the Company and its consolidated subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. The supporting schedules included in or incorporated in the Registration Statement present fairly, in all material respects, fairly the information required to be stated therein. Such financial statements and supporting schedules comply as to form with the applicable accounting requirements of the Securities Act and have been prepared in accordance conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto. No other financial statements or supporting schedules are required to be included in or incorporated in the Registration Statement. The financial data set forth or incorporated in the preliminary prospectus and the Prospectus under the captions headings “Summary—Summary of Financial, Reserve and Operating Data”, “Capitalization” and “Selected Historical Consolidated Financial and Operating Data” and the “Ratio of Earnings to Fixed Charges” exhibit fairly present, in all material respects, present the information set forth therein on a basis consistent with that of the audited financial statements contained, incorporated or deemed to be incorporated contained in the Registration Statement.
Appears in 2 contracts
Samples: Underwriting Agreement (GeoMet, Inc.), Underwriting Agreement (GeoMet, Inc.)
Preparation of the Financial Statements. The financial statements, together with the related notes and schedules, statements filed with the Commission as a part of or incorporated within by reference in the Registration Statement and included in the Prospectus present fairly, fairly in all material respects, respects the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. The supporting schedules included in or incorporated in the Registration Statement present fairly, fairly in all material respects, respects the information required to be stated therein. Such financial statements and supporting schedules have been prepared in accordance all material respects in conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto. No other financial statements or supporting schedules are required to be included in or incorporated in the Registration Statement. The To the extent required, the financial data set forth or incorporated in the Prospectus under the captions “Selected Financial Data” and the “Ratio of Earnings to Fixed Charges” exhibit and “Selected Financial Data” fairly present, present in all material respects, respects the information set forth therein on a basis consistent with that of the audited financial statements contained, incorporated or deemed to be incorporated in the Registration Statement.
Appears in 2 contracts
Samples: Common Stock Sales Agreement (Jounce Therapeutics, Inc.), Common Stock Sales Agreement (Jounce Therapeutics, Inc.)
Preparation of the Financial Statements. The financial statements, together with the related notes and schedules, statements filed with the Commission as a part of or incorporated within the Registration Statement and included in the Prospectus present fairly, fairly in all material respects, respects the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. The supporting schedules included in or incorporated in the Registration Statement present fairly, fairly in all material respects, respects the information required to be stated therein. Such financial statements and supporting schedules have been prepared in accordance conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto. No other All financial statements or supporting schedules are required by the Securities Act to be included in or incorporated in the Registration StatementStatement have been so included or incorporated. The financial data set forth or incorporated in the Prospectus under the captions “Selected Financial Data” and the “Ratio of Earnings to Fixed ChargesCharges and Earnings to Combined Fixed Charges and Preference Dividends” exhibit and “Selected Financial Data” present fairly present, in all material respects, respects the information set forth therein on a basis consistent with that of the audited financial statements contained, incorporated or deemed to be incorporated in the Registration Statement.
Appears in 2 contracts
Samples: Equity Distribution Agreement (DXP Enterprises Inc), Equity Distribution Agreement (DXP Enterprises Inc)
Preparation of the Financial Statements. The financial statements, together with the related notes and schedules, statements filed with the Commission as a part of or incorporated within by reference in the Registration Statement and included in the Prospectus present fairly, in all material respects, the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. The supporting schedules included in or incorporated in the Registration Statement present fairly, in all material respects, the information required to be stated therein. Such financial statements and supporting schedules have been prepared in accordance with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto. No other financial statements or supporting schedules are required to be included in or incorporated in the Registration Statement. The financial data set forth or incorporated in the Prospectus under the captions “Ratio of Earnings to Combined Fixed Charges and Preferred Stock Dividends” and “Selected Financial Data” and the “Ratio of Earnings to Fixed Charges” exhibit fairly present, in all material respects, the information set forth therein on a basis consistent with that of the audited financial statements contained, incorporated or deemed to be incorporated in the Registration Statement.
Appears in 2 contracts
Samples: Sales Agreement (Glycomimetics Inc), Sales Agreement (Glycomimetics Inc)
Preparation of the Financial Statements. The financial statements, together with the related notes and schedules, statements filed with the Commission as a part of or incorporated within the Registration Statement and included in the Prospectus present fairly, in all material respects, the consolidated financial position of the Company and its consolidated subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. The supporting schedules included in or incorporated in the Registration Statement present fairly, in all material respects, the information required to be stated therein. Such Except as otherwise stated in the Registration Statement and the Prospectus, such financial statements and supporting schedules have been prepared in accordance conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto. No other financial statements or supporting schedules are required to be included in the Registration Statement or the Prospectus. The selected financial data and the summary financial information of the Company included in, or incorporated in by reference into, the Registration Statement. The financial data set forth or incorporated in Statement and the Prospectus under the captions “Selected Financial Data” (in each case, other than any pro forma financial information and the “Ratio of Earnings to Fixed Charges” exhibit fairly presentprojections) present fairly, in all material respects, the information set forth shown therein and have been compiled on a basis consistent consistent, in all material respects, with that of the audited financial statements containedincluded in, or incorporated or deemed to be incorporated in by reference into, the Registration StatementStatement and the Prospectus.
Appears in 2 contracts
Samples: Olympic Steel Inc, Olympic Steel Inc
Preparation of the Financial Statements. The financial statements, together with the related notes and schedules, statements filed with the Commission as a part of or incorporated within by reference in the Registration Statement and included in the Prospectus present fairly, in all material respects, the consolidated financial position of the Company and its subsidiaries Life Newco as of and at the dates indicated and the results of their operations and cash flows for the periods specified. The supporting schedules included in or incorporated in the Registration Statement present fairly, in all material respects, the information required to be stated therein. Such financial statements and supporting schedules have been prepared in accordance with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto. No other financial statements or supporting schedules are required to be included in or incorporated in the Registration Statement. The financial data set forth or incorporated in the Prospectus under the captions “Selected Financial Data” and the “Ratio of Earnings to Fixed Charges” exhibit and “Selected Financial Data” fairly present, in all material respects, present the information set forth therein on a basis consistent with that of the audited financial statements contained, incorporated or deemed to be incorporated in the Registration Statement.
Appears in 2 contracts
Samples: Sales Agreement (Tenax Therapeutics, Inc.), Sales Agreement (Tenax Therapeutics, Inc.)
Preparation of the Financial Statements. The financial statements, together with the related notes and schedules, statements filed with the Commission as a part of or incorporated within by reference in the Registration Statement and included or incorporated by reference in the Disclosure Package and the Prospectus present fairly, in all material respects, fairly the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. The supporting schedules included in or incorporated by reference in the Registration Statement present fairly, in all material respects, fairly the information required to be stated therein. Such financial statements and supporting schedules comply as to form with the applicable accounting requirements of the Securities Act and have been prepared in accordance conformity with generally accepted accounting principles as applied in the United States (“GAAP”) applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto. No other financial statements or supporting schedules are required to be included in or incorporated by reference in the Registration Statement. The financial data set forth or incorporated in the preliminary prospectus and the Prospectus under the captions “Selected Prospectus Supplement Summary—Summary Consolidated Financial DataInformation,” “Summary of Operations and Financial Condition” and the “Ratio of Earnings to Fixed ChargesCapitalization” exhibit fairly present, in all material respects, present the information set forth therein on a basis consistent with that of the audited financial statements contained, incorporated or deemed to be incorporated contained in the Registration StatementDisclosure Package and the Prospectus.
Appears in 1 contract
Preparation of the Financial Statements. The financial statements, together with statements (including the related notes thereto) of the Company and schedules, filed with the Commission as a part of or its consolidated subsidiaries incorporated within by reference in the Registration Statement and included in the Prospectus present fairly, fairly in all material respects, respects the consolidated financial position of the Company and its consolidated subsidiaries as of and at the dates indicated and the results of their operations and the changes in their cash flows for the periods specified. The supporting schedules included in or incorporated in the Registration Statement present fairly, in all material respects, the information required to be stated therein. Such ; such financial statements and supporting schedules have been prepared in accordance conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involvedcovered thereby, except unaudited financial statements, which are subject to normal year-end adjustment and do not contain certain footnotes as may be expressly stated permitted by the applicable rules of the Commission. The interactive data in the related notes thereto. No other financial statements or supporting schedules are required to be eXtensible Business Reporting Language included in or incorporated by reference in the Registration StatementStatement fairly presents the information called for in all material respects and has been prepared in accordance with the Commission’s rules and guidelines applicable thereto. The financial data set forth or incorporated by reference in the Prospectus under the captions caption “Selected Financial Data” and the “Ratio of Earnings to Fixed Charges” exhibit fairly present, present in all material respects, respects the information set forth therein on a basis consistent with that of the audited financial statements contained, incorporated by reference or deemed to be incorporated by reference in the Registration Statement.
Appears in 1 contract
Samples: Common Stock (Cti Biopharma Corp)
Preparation of the Financial Statements. The financial statements, together with the related notes and schedules, statements filed with the Commission as a part of or incorporated within by reference in the Registration Statement and included or incorporated by reference in the Disclosure Package and the Prospectus present fairly, in all material respects, the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. The supporting schedules to such financial statements included in or incorporated by reference in the Registration Statement present fairly, in all material respects, the information required to be stated therein. Such financial statements and supporting schedules comply as to form with the applicable accounting requirements of the Securities Act and have been prepared in accordance conformity with generally accepted accounting principles as applied in the United States (“GAAP”) applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto. No other financial statements or supporting schedules are required to be included in or incorporated in the Registration Statement. The financial data set forth or incorporated in the preliminary prospectus and the Prospectus under the captions caption “Prospectus Summary—Summary Selected Financial Data” and the “Ratio of Earnings to Fixed Charges” exhibit present fairly present, in all material respects, the information set forth therein on a basis consistent with that of the audited financial statements contained, incorporated or deemed to be incorporated by reference in the Registration Statement.
Appears in 1 contract
Preparation of the Financial Statements. The consolidated financial statements, together with statements of the related notes and schedules, Company filed with the Commission as a part of or incorporated within by reference in the Registration Statement and included or incorporated by reference in the Disclosure Package and the Prospectus present fairly, in all material respects, fairly the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their consolidated operations and cash flows for the periods specified. The supporting schedules included in or incorporated by reference in the Registration Statement present fairly, in all material respects, fairly the information required to be stated therein. Such financial statements and supporting schedules comply as to form with the applicable accounting requirements of the Securities Act and have been prepared in accordance conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involvedinvolved (“GAAP”), except as may be expressly stated in the related notes thereto. No other financial statements or supporting schedules are required to be included in or incorporated by reference in the Registration Statement. The financial data set forth or incorporated in each of the preliminary prospectus and the Prospectus under the captions “Selected Summary—Summary Condensed Consolidated Financial Data” and the “Ratio of Earnings to Fixed ChargesCapitalization” exhibit fairly present, in all material respects, the information set forth therein on a basis consistent with that of the audited financial statements contained, incorporated or deemed to be incorporated contained in the Registration Statement.
Appears in 1 contract
Samples: Underwriting Agreement (Cal Dive International, Inc.)
Preparation of the Financial Statements. The consolidated financial statements, together with statements of the related notes and schedules, Company filed with the Commission as a part of or incorporated within by reference in the Registration Statement and included or incorporated by reference in the Disclosure Package and the Prospectus present fairly, in all material respects, fairly the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their consolidated operations and cash flows for the periods specified. The supporting schedules included in or incorporated by reference in the Registration Statement present fairly, in all material respects, fairly the information required to be stated therein. Such financial statements and supporting schedules comply as to form with the applicable accounting requirements of the Securities Act and have been prepared in accordance conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involvedinvolved (“GAAP”), except as may be expressly stated in the related notes thereto. No other financial statements or supporting schedules are required to be included in or incorporated by reference in the Registration Statement. The financial data set forth or incorporated in each of the preliminary prospectus and the Prospectus under the captions “Selected Summary—Summary Consolidated Financial Data” and the “Ratio of Earnings to Fixed ChargesCapitalization” exhibit fairly present, in all material respects, the information set forth therein on a basis consistent with that of the audited financial statements contained, incorporated or deemed to be incorporated contained in the Registration Statement.
Appears in 1 contract
Samples: Underwriting Agreement (Cal Dive International, Inc.)
Preparation of the Financial Statements. The financial statements, together with the related notes and schedules, statements filed with the Commission as a part of or incorporated within by reference in the Registration Statement and included in the Prospectus present fairly, fairly in all material respects, respects the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specifiedspecified (subject to normal year end audit adjustments for interim financial statements). The financial supporting schedules included in or incorporated in the Registration Statement present fairly, fairly in all material respects, respects the information required to be stated therein. Such financial statements and financial supporting schedules have been prepared in accordance conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto. No other financial statements or financial supporting schedules are required to be included in or incorporated in the Registration Statement. The financial data set forth or incorporated in the Prospectus under the captions “Selected Financial Data” and the “Ratio of Earnings to Fixed Charges” exhibit fairly present, in all material respects, the information set forth therein on a basis consistent with that of the audited financial statements contained, incorporated or deemed to be incorporated in the Registration Statement.”
Appears in 1 contract
Preparation of the Financial Statements. The financial statements, together with the related notes and schedules, statements filed with the Commission as a part of or and incorporated within by reference in the Registration Statement and included in the Prospectus present fairly, in all material respects, fairly the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified, it being understood that unaudited interim financial statements are subject to normal year-end adjustments. The supporting schedules included in or incorporated in the Registration Statement present fairly, in all material respects, fairly the information required to be stated therein. Such financial statements and supporting schedules have been prepared in accordance conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto. No other financial statements or supporting schedules are required to be included in or incorporated in the Registration Statement. The financial data set forth or incorporated in the Prospectus under the captions “Selected Financial Data” and the caption “Ratio of Earnings to Fixed Charges” exhibit fairly present, in all material respects, present the information set forth therein on a basis consistent with that of the audited financial statements contained, incorporated or deemed to be incorporated in the Registration Statement.
Appears in 1 contract
Samples: Stock Sales Agreement (Corindus Vascular Robotics, Inc.)
Preparation of the Financial Statements. The financial statements, together with the related notes and schedules, statements filed with the Commission as a part of or incorporated within the Registration Statement and included in the Prospectus present fairly, in all material respects, the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. The supporting schedules included in or incorporated in the Registration Statement present fairly, in all material respects, the information required to be stated therein. Such financial statements and supporting schedules have been prepared in accordance conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto. No other financial statements or supporting schedules are required to be included in or incorporated in the Registration Statement. The Except as otherwise noted in the Prospectus, the financial data set forth or incorporated in the Prospectus under the captions “Selected Financial Data” and the “Ratio Ratios of Earnings to Fixed Charges” exhibit fairly presentand “Selected Financial Data” present fairly, in all material respects, the information set forth therein on a basis consistent with that of the audited financial statements contained, incorporated or deemed to be incorporated in the Registration Statement.
Appears in 1 contract
Preparation of the Financial Statements. The financial statements, together with the related notes and schedules, statements filed with the Commission as a part of or incorporated within the Registration Statement and included in the Disclosure Package and the Prospectus present fairly, in all material respects, fairly the consolidated financial position and stockholders’ equity of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. The supporting schedules included in or incorporated in the Registration Statement present fairly, in all material respects, fairly the information required to be stated therein. Such financial statements and supporting schedules comply as to form with the applicable accounting requirements of the Securities Act and have been prepared in accordance conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto. No other financial statements or supporting schedules are required to be included in or incorporated in the Registration Statement, the Prospectus or the Disclosure Package. The financial data set forth or incorporated in the preliminary prospectus and the Prospectus under the captions “Prospectus Summary—Summary Financial Data”, “Selected Consolidated Financial and Other Data” and the “Ratio of Earnings to Fixed ChargesCapitalization” exhibit fairly present, in all material respects, present the information set forth therein on a basis consistent with that of the audited financial statements contained, incorporated or deemed to be incorporated contained in the Registration Statement.
Appears in 1 contract
Preparation of the Financial Statements. The financial statements, together with the related notes and schedules, filed with the Commission as a part of statements included or incorporated within by reference in the Registration Statement Statement, the Disclosure Package and included in the Prospectus present fairly, in all material respects, fairly the consolidated financial position and stockholders’ equity of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. The supporting schedules included in or incorporated by reference in the Registration Statement present fairly, in all material respects, fairly the information required to be stated therein. Such financial statements and supporting schedules comply as to form with the applicable accounting requirements of the Securities Act and have been prepared in accordance conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto. No other financial statements or supporting schedules are required to be included in or incorporated by reference in the Registration Statement, the Disclosure Package or the Prospectus. The financial data set forth or incorporated in the Preliminary Prospectus and the Prospectus under the captions “Prospectus Supplement Summary—Summary Financial Data”, “Selected Consolidated Financial and Other Data” and the “Ratio of Earnings to Fixed ChargesCapitalization” exhibit fairly present, in all material respects, present the information set forth therein on a basis consistent with that of the audited financial statements contained, included or incorporated or deemed to be incorporated by reference in the Registration Statement.
Appears in 1 contract
Preparation of the Financial Statements. The financial statements, together with the related notes and schedules, filed with the Commission as a part of or incorporated within the Registration Statement and included in the Prospectus present fairly, in all material respects, the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. The supporting schedules included in or incorporated in the Registration Statement present fairly, in all material respects, the information required to be stated therein. Such financial statements and supporting schedules have been prepared in accordance with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto. No other financial statements or supporting schedules are required to be included in or incorporated in the Registration Statement. The financial data set forth or incorporated in the Prospectus under the captions “Selected Financial Data” and the “Ratio of Earnings to Fixed Charges” exhibit fairly present, in all material respects, the information set forth therein on a basis consistent with that of the audited financial statements contained, incorporated or deemed to be incorporated in the Registration Statement.
Appears in 1 contract
Samples: Sales Agreement (Cempra, Inc.)
Preparation of the Financial Statements. (i) The financial statements, together with the related notes and schedules, statements filed with the Commission as a part of or incorporated within the Registration Statement and included in the Time of Sale Prospectus and the Prospectus (the “Company Financial Statements”) present fairly, in all material respects, the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. The supporting schedules to such Company Financial Statements included in or incorporated in the Registration Statement present fairly, in all material respects, the information required to be stated therein. Such financial statements Company Financial Statements and supporting schedules have been prepared in accordance conformity with generally accepted accounting principles principles, as applied in the United States States, applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto. No other financial statements or supporting schedules are required to be included in or incorporated in Except as otherwise noted therein, the Registration Statement. The financial data set forth or incorporated in the each Applicable Prospectus under the captions “Ratios of Earnings to Fixed Charges”, “Selected Financial Data” and the “Ratio of Earnings to Fixed ChargesCapitalization” exhibit fairly present, in all material respects, the information set forth therein on a basis consistent with that of the audited financial statements Company Financial Statements contained, incorporated or deemed to be incorporated in the Registration Statement.
Appears in 1 contract
Preparation of the Financial Statements. The financial statements, together with the related notes and schedules, filed with the Commission as a part of or incorporated within by reference in the Registration Statement and included in the Prospectus present fairly, fairly in all material respects, respects the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. The supporting schedules included in or incorporated by reference in the Registration Statement present fairly, fairly in all material respects, respects the information required to be stated therein. Such financial statements and supporting schedules have been prepared in accordance conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto. No other financial statements or supporting schedules are required to be included in or incorporated in the Registration Statement. The financial data set forth or incorporated in the Prospectus under the captions “Selected Financial Data” and the caption “Ratio of Earnings to Fixed Charges” exhibit fairly present, present in all material respects, respects the information set forth therein on a basis consistent with that of the audited financial statements contained, incorporated or deemed to be incorporated in the Registration Statement.
Appears in 1 contract
Preparation of the Financial Statements. The financial statements, together with the related notes and schedules, filed with the Commission as a part of or incorporated within the Registration Statement Statement, Disclosure Package and included in the Final Prospectus present fairly, in all material respects, the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. The supporting schedules included in or incorporated in the Registration Statement present fairly, in all material respects, the information required to be stated therein. Such financial statements and supporting schedules have been prepared in accordance with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto. No other financial statements or supporting schedules are required to be included in or incorporated in the Registration Statement. The financial data set forth or incorporated in the Final Prospectus under the captions “Selected Financial Data” and the “Ratio of Earnings to Fixed Charges” exhibit fairly present, in all material respects, the information set forth therein on a basis consistent with that of the audited financial statements contained, incorporated or deemed to be incorporated in the Registration Statement, Disclosure Package and Final Prospectus.
Appears in 1 contract
Preparation of the Financial Statements. The financial statements, together with the related notes and schedules, statements filed with the Commission as a part of or incorporated within the Registration Statement and included in the Disclosure Package and the Prospectus present fairly, in all material respects, fairly the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. The supporting schedules included in or incorporated in the Registration Statement present fairly, in all material respects, fairly the information required to be stated therein. Such financial statements and supporting schedules comply as to form with the applicable accounting requirements of the Securities Act and have been prepared in accordance conformity with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto. No other financial statements or supporting schedules are required to be included in or incorporated in the Registration Statement. The financial data set forth or incorporated in each preliminary prospectus and the Prospectus under the captions “Selected Financial Data” and the “Ratio of Earnings to Fixed Charges” exhibit fairly present, in all material respects, present the information set forth therein on a basis consistent with that of the audited financial statements contained, incorporated or deemed to be incorporated in the Registration Statement. The Company’s ratios of earnings to fixed charges and preferred stock dividends set forth in each preliminary prospectus and the Prospectus under the caption “Ratio of Earnings to Fixed Charges” have been calculated in compliance with Item 503(d) of Regulation S-K under the Securities Act.
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Preparation of the Financial Statements. The financial statements, together with the related notes and schedules, filed with the Commission as a part of or incorporated within the Registration Statement and included in the Prospectus present fairlyfairly present, in all material respects, the consolidated financial position of the Company and its subsidiaries as of and at the dates indicated and the results of their operations and cash flows for the periods specified. The supporting schedules included in or incorporated in the Registration Statement present fairlyfairly present, in all material respects, the information required to be stated therein. Such financial statements and supporting schedules have been prepared in accordance with generally accepted accounting principles as applied in the United States applied on a consistent basis throughout the periods involved, except as may be expressly stated in the related notes thereto. No other financial statements or supporting schedules are required to be included in or incorporated in the Registration Statement. The financial data set forth or incorporated in the Prospectus under the captions “Selected Financial Data” and the “Ratio of Earnings to Fixed Charges” exhibit fairly presentand “Selected Financial Data” present fairly, in all material respects, the information set forth therein on a basis consistent with that of the audited financial statements contained, incorporated or deemed to be incorporated in the Registration Statement.
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