Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 1209 contracts
Samples: Underwriting Agreement (CION Investment Corp), Underwriting Agreement (Spire Inc), Underwriting Agreement (MeiraGTx Holdings PLC)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 820 contracts
Samples: Underwriting Agreement (Wisconsin Electric Power Co), Underwriting Agreement (Wisconsin Power & Light Co), Underwriting Agreement (Radian Group Inc)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders security holders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 178 contracts
Samples: Underwriting Agreement (Ing Groep Nv), Underwriting Agreement (Ing Groep Nv), Underwriting Agreement (ProQR Therapeutics N.V.)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters Underwriter the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 118 contracts
Samples: Underwriting Agreement (Liberty Media Corp), Underwriting Agreement (Axonics, Inc.), Underwriting Agreement (Purple Innovation, Inc.)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings earning statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 80 contracts
Samples: Underwriting Agreement (Evolus, Inc.), Purchase Agreement (Orange), Underwriting Agreement (Alpha Cognition Inc.)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as reasonably practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 74 contracts
Samples: Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp), Purchase Agreement (Ares Capital Corp)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders security holders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 70 contracts
Samples: Underwriting Agreement (First Guaranty Bancshares, Inc.), Underwriting Agreement (Triumph Bancorp, Inc.), Underwriting Agreement (CNB Financial Corp/Pa)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available (which may be satisfied by filing with the Commission pursuant to XXXXX) to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 65 contracts
Samples: Underwriting Agreement (First Watch Restaurant Group, Inc.), Underwriting Agreement (First Watch Restaurant Group, Inc.), Underwriting Agreement (Acumen Pharmaceuticals, Inc.)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders security holders as soon as practicable practicable, but in any event not later than 16 months after the date hereof, an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 43 contracts
Samples: Underwriting Agreement (Capital Southwest Corp), Underwriting Agreement (Capital Southwest Corp), Underwriting Agreement (Capital Southwest Corp)
Rule 158. The Company will timely file such reports pursuant to the Securities Exchange Act of 1934 Act (the “1934 Act”) as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 32 contracts
Samples: Underwriting Agreement (Funtalk China Holdings LTD), Purchase Agreement (GameFly Inc.), Underwriting Agreement (Funtalk China Holdings LTD)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act (subject to Rule 158 under the 1933 Act).
Appears in 30 contracts
Samples: Underwriting Agreement (Sachem Capital Corp.), Underwriting Agreement (Chicken Soup for the Soul Entertainment, Inc.), Underwriting Agreement (Sachem Capital Corp.)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as reasonably practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 23 contracts
Samples: Underwriting Agreement (Hayward Holdings, Inc.), Underwriting Agreement (Inozyme Pharma, Inc.), Underwriting Agreement (Hayward Holdings, Inc.)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act Act, as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 21 contracts
Samples: Underwriting Agreement (Finch Therapeutics Group, Inc.), Underwriting Agreement (Dream Finders Homes, Inc.), Underwriting Agreement (Dream Finders Homes, Inc.)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders shareholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 21 contracts
Samples: Underwriting Agreement (Playa Hotels & Resorts N.V.), Underwriting Agreement (Playa Hotels & Resorts N.V.), Underwriting Agreement (Playa Hotels & Resorts N.V.)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 ActAct and Rule 158 thereunder.
Appears in 19 contracts
Samples: Purchase Agreement (Delmarva Power & Light Co /De/), Purchase Agreement (Potomac Electric Power Co), Purchase Agreement (Atlantic City Electric Co)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act and Rule 158 thereunder (which earnings statement need not be audited unless required so to be under Section 11(a) of the 1933 Act).
Appears in 19 contracts
Samples: Sales Agency Agreement (Avista Corp), Sales Agency Agreement (Avista Corp), Sales Agency Agreement (Avista Corp)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings earning statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 19 contracts
Samples: Purchase Agreement (Puget Sound Energy Inc), Purchase Agreement (Puget Sound Energy Inc), Purchase Agreement (Puget Sound Energy Inc)
Rule 158. The Company will timely file such reports pursuant to the Securities Exchange Act of 1934, as amended (the “1934 Act Act”) as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 18 contracts
Samples: Underwriting Agreement (Convey Holding Parent, Inc.), Underwriting Agreement (Convey Holding Parent, Inc.), Underwriting Agreement (RAPT Therapeutics, Inc.)
Rule 158. The Company will timely file such reports pursuant to the Securities Exchange Act of 1934 Act (the "1934 Act") as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 18 contracts
Samples: Stock Purchase Agreement (Theravance Inc), Purchase Agreement (Interactive Health, Inc.), Stock Purchase Agreement (Navteq Corp)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its their securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 17 contracts
Samples: Underwriting Agreement (Sotherly Hotels Lp), Underwriting Agreement (Sotherly Hotels Lp), Underwriting Agreement (Sotherly Hotels Lp)
Rule 158. The Company It will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 17 contracts
Samples: Underwriting Agreement (Tampa Electric Co), Underwriting Agreement (Tampa Electric Co), Tampa Electric Co
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 14 contracts
Samples: Underwriting Agreement (Chemical Financial Corp), Underwriting Agreement (Chemical Financial Corp), Underwriting Agreement (Weatherford International Ltd./Switzerland)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 13 contracts
Samples: Underwriting Agreement (Safehold Inc.), Underwriting Agreement (Safehold Inc.), Underwriting Agreement (Safehold Inc.)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters Sales Agent the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 12 contracts
Samples: Equity Distribution Agreement (WhiteHorse Finance, Inc.), Equity Distribution Agreement (WhiteHorse Finance, Inc.), Equity Distribution Agreement (AG Mortgage Investment Trust, Inc.)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 ActAct and Rule 158 of the 1933 Act Regulations.
Appears in 12 contracts
Samples: Underwriting Agreement (Oriental Financial Group Inc), Underwriting Agreement (Sun Bancorp Inc /Nj/), Underwriting Agreement (CenterState Banks, Inc.)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders security holders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 ActAct and the 1933 Act Regulations relating thereto.
Appears in 10 contracts
Samples: Underwriting Agreement (Vornado Realty Lp), Underwriting Agreement (Vornado Realty Lp), Underwriting Agreement (Vornado Realty Lp)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders security holders as soon as practicable an earnings earning statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 10 contracts
Samples: Purchase Agreement (Realty Income Corp), Realty Income Corp, Realty Income Corp
Rule 158. The Company will timely file such reports pursuant to the Securities Exchange Act of 1934 Act (the "1934 Act") as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 9 contracts
Samples: Purchase Agreement (DiamondRock Hospitality Co), Purchase Agreement (Otis Spunkmeyer Holdings Inc), Purchase Agreement (Allegiant Travel CO)
Rule 158. The Company will timely file such reports pursuant to the Securities Exchange Act of 1934, as amended (the “1934 Act Act”), as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 9 contracts
Samples: Underwriting Agreement (Vaxxinity, Inc.), Underwriting Agreement (Vaxxinity, Inc.), Underwriting Agreement (Netgear, Inc)
Rule 158. The Company will timely file such reports pursuant to the Securities Exchange Act of 1934 Act (the “1934 Act”) as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 9 contracts
Samples: Purchase Agreement (Coinmach Service Corp), Purchase Agreement (Sigmatel Inc), Purchase Agreement (Netlogic Microsystems Inc)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its their securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 8 contracts
Samples: Underwriting Agreement (Quest Diagnostics Inc), Underwriting Agreement (Quest Diagnostics Inc), Underwriting Agreement (Quest Diagnostics Inc)
Rule 158. The Company will timely file such reports pursuant to -------- the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 7 contracts
Samples: Purchase Agreement (Advanstar Inc), Purchase Agreement (Nu Skin Asia Pacific Inc), Purchase Agreement (Opentv Corp)
Rule 158. The Company will timely will, in the time and manner required by the Indenture, file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 7 contracts
Samples: Underwriting Agreement (Cbre Group, Inc.), Underwriting Agreement (Cbre Group, Inc.), Underwriting Agreement (Cbre Group, Inc.)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders security-holders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 7 contracts
Samples: Purchase Agreement (Hatteras Financial Corp), Purchase Agreement (Hatteras Financial Corp), Purchase Agreement (Hatteras Financial Corp)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders security holders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 ActAct or shall comply with Rule 158 of the 1933 Act Regulations.
Appears in 7 contracts
Samples: Underwriting Agreement (Seanergy Maritime Holdings Corp.), Underwriting Agreement (Seanergy Maritime Holdings Corp.), Underwriting Agreement (Seanergy Maritime Holdings Corp.)
Rule 158. The Company will To timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 7 contracts
Samples: Underwriting Agreement (Viant Technology Inc.), Underwriting Agreement (TriplePoint Venture Growth BDC Corp.), Underwriting Agreement (TriplePoint Venture Growth BDC Corp.)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders security holders as soon as practicable an earnings earning statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 6 contracts
Samples: Underwriting Agreement (SELLAS Life Sciences Group, Inc.), Underwriting Agreement (Compugen LTD), Neogenomics Inc
Rule 158. The Company will timely file such reports pursuant to the Securities Exchange Act of 1934, as amended (the “1934 Act Act”), as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 6 contracts
Samples: Purchase Agreement (Whiting Petroleum Corp), Purchase Agreement (Whiting Petroleum Corp), Purchase Agreement (Whiting Petroleum Corp)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters Agent the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 6 contracts
Samples: Distribution Agreement (Jefferies Financial Group Inc.), Distribution Agreement (Jefferies Group Capital Finance Inc.), Distribution Agreement (Jefferies Financial Group Inc.)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as reasonably practicable an earnings statement for the purposes of, and to provide to the Underwriters Underwriter the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 6 contracts
Samples: Underwriting Agreement (Floor & Decor Holdings, Inc.), Underwriting Agreement (Floor & Decor Holdings, Inc.), Underwriting Agreement (Floor & Decor Holdings, Inc.)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act; provided the Company will be deemed to have furnished such statement to securityholders and the Representatives to the extent it is filed with the Commission pursuant to XXXXX.
Appears in 6 contracts
Samples: Underwriting Agreement (MeridianLink, Inc.), Underwriting Agreement (Fate Therapeutics Inc), Underwriting Agreement (Applied Molecular Transport Inc.)
Rule 158. The Company will timely file such reports pursuant to the Securities and Exchange Act (the “1934 Act Act”) as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 5 contracts
Samples: Purchase Agreement (RBC Bearings INC), Purchase Agreement (RBC Bearings INC), Purchase Agreement (RBC Bearings INC)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders security holders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters Underwriter the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 5 contracts
Samples: Purchase Agreement (Realty Income Corp), Underwriting Agreement (Equity One, Inc.), Purchase Agreement (Gsi Commerce Inc)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters Sales Agents the benefits contemplated by, the last paragraph of Section 11(a11 (a) of the 1933 Act.
Appears in 5 contracts
Samples: Ladenburg Thalmann Financial Services (Ladenburg Thalmann Financial Services Inc.), Ladenburg Thalmann Financial Services (Ladenburg Thalmann Financial Services Inc), Equity Distribution Agreement (Ladenburg Thalmann Financial Services Inc)
Rule 158. The Company will timely file such reports pursuant to the -------- 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 5 contracts
Samples: Purchase Agreement (Colonial Capital Trust Iii), Purchase Agreement (VNB Capital Trust I), Underwriting Agreement (Dime Bancorp Inc)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders security holders as soon as practicable practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 4 contracts
Samples: Underwriting Agreement (Audeo Oncology, Inc.), Underwriting Agreement (Nupathe Inc.), Underwriting Agreement (Ventrus Biosciences Inc)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters Underwriters, the Forward Purchaser and the Forward Seller the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 4 contracts
Samples: Underwriting Agreement (STAG Industrial, Inc.), Underwriting Agreement (STAG Industrial, Inc.), Underwriting Agreement (STAG Industrial, Inc.)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings earning statement for the purposes of, and to provide make available to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 4 contracts
Samples: Underwriting Agreement (Provention Bio, Inc.), Underwriting Agreement (Provention Bio, Inc.), Underwriting Agreement (Provention Bio, Inc.)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement in conformity with the requirements of Rule 158 for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 4 contracts
Samples: Underwriting Agreement (Access National Corp), Underwriting Agreement (Access National Corp), Underwriting Agreement (Eastern Virginia Bankshares Inc)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act Act, as are necessary in order to make generally available (which may be satisfied by filing with the Commission pursuant to EXXXX) to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 4 contracts
Samples: Underwriting Agreement (MDNA Life Sciences, Inc.), Underwriting Agreement (MDNA Life Sciences, Inc.), Underwriting Agreement (MDNA Life Sciences, Inc.)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters Underwriters, the Forward Sellers and the Forward Purchasers the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 4 contracts
Samples: Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Rexford Industrial Realty, Inc.), Underwriting Agreement (Rexford Industrial Realty, Inc.)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement (which need not be audited) for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 ActAct and the regulations thereunder.
Appears in 4 contracts
Samples: Purchase Agreement (Angiotech Pharmaceuticals Inc), Purchase Agreement (Gerdau Ameristeel Corp), Purchase Agreement (Gerdau Ameristeel Corp)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders security holders as soon as practicable an earnings statement (which need not be audited) for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 ActAct (including, at the option of the Company, Rule 158 under the 1933 Act Regulations).
Appears in 4 contracts
Samples: Underwriting Agreement (Community Healthcare Trust Inc), Underwriting Agreement (Community Healthcare Trust Inc), Underwriting Agreement (Community Healthcare Trust Inc)
Rule 158. The Company will timely file such reports -------- pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders security holders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 4 contracts
Samples: Purchase Agreement (Apex Mortgage Capital Inc), Management Agreement (Apex Mortgage Capital Inc), Purchase Agreement (Apex Mortgage Capital Inc)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available (which may be satisfied by filing with the Commission pursuant to EXXXX) to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 4 contracts
Samples: Underwriting Agreement (Intapp, Inc.), Underwriting Agreement (Ceribell, Inc.), Underwriting Agreement (Orange County Bancorp, Inc. /DE/)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act and 1934 Act Regulations as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 4 contracts
Samples: Underwriting Agreement (Finwise Bancorp), Underwriting Agreement (Merchants Bancorp), Underwriting Agreement (Merchants Bancorp)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.. (h)
Appears in 3 contracts
Samples: Pepco Holdings Inc, Brylane Inc, Brylane Inc
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders (which may be satisfied by filing with the Commission pursuant to XXXXX) as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 3 contracts
Samples: Underwriting Agreement (MP Materials Corp. / DE), Underwriting Agreement (Poseida Therapeutics, Inc.), MP Materials Corp. / DE
Rule 158. The Company will shall timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders security holders as soon as practicable practicable, but in any event not later than 16 months after the date hereof, an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 3 contracts
Samples: Underwriting Agreement (FIDUS INVESTMENT Corp), Underwriting Agreement (FIDUS INVESTMENT Corp), Underwriting Agreement (FIDUS INVESTMENT Corp)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders security holders as soon as reasonably practicable an earnings statement for the purposes of, and to provide to the Underwriters Underwriter the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 3 contracts
Samples: Underwriting Agreement (Wright Medical Group N.V.), Underwriting Agreement (Wright Medical Group N.V.), Purchase Agreement (Tornier N.V.)
Rule 158. The Company and the Operating Partnership will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its their securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 3 contracts
Samples: Underwriting Agreement (Eop Operating LTD Partnership), Underwriting Agreement (Eop Operating LTD Partnership), Eop Operating (Eop Operating LTD Partnership)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the International Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 3 contracts
Samples: Underwriting Agreement (Fibria Celulose S.A.), Orix Corp, Toyota Motor Corp/
Rule 158. The Company and the Guarantor will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 3 contracts
Samples: Underwriting Agreement (CRH Public LTD Co), Underwriting Agreement (CRH Public LTD Co), Purchase Agreement (MF Global Finance North America Inc.)
Rule 158. The Company and the Guarantors will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its their securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 3 contracts
Samples: Underwriting Agreement (Quest Diagnostics Inc), Underwriting Agreement (Quest Diagnostics Inc), Purchase Agreement (Quest Diagnostics Inc)
Rule 158. The Company will timely file such reports pursuant to the Securities Exchange Act of 1934, as amended (the "1934 Act Act"), as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 3 contracts
Samples: Purchase Agreement (Caribou Coffee Company, Inc.), Purchase Agreement (Whiting Petroleum Corp), Purchase Agreement (Caribou Coffee Company, Inc.)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act Act, as are necessary in order to make generally available (which may be satisfied by filing with the Commission pursuant to XXXXX) to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 3 contracts
Samples: Underwriting Agreement (MDNA Life Sciences, Inc.), Underwriting Agreement (Thorne Healthtech, Inc.), Underwriting Agreement (Rani Therapeutics Holdings, Inc.)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, by the last paragraph of Section 11(a) of the 1933 Act.
Appears in 3 contracts
Samples: Purchase Agreement (Macquarie Infrastructure CO LLC), Purchase Agreement (Macquarie Infrastructure CO LLC), Purchase Agreement (Macquarie Infrastructure Management (USA) INC)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders (which shall be deemed to have been satisfied by filing with the Commission pursuant to XXXXX) as soon as practicable an earnings statement (which need not be audited) for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 3 contracts
Samples: Underwriting Agreement (Montrose Environmental Group, Inc.), Underwriting Agreement (Montrose Environmental Group, Inc.), Montrose Environmental Group, Inc.
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement (which need not be audited but shall be in reasonable detail) for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 ActAct and the regulations thereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (Ritchie Bros Auctioneers Inc), Ritchie Bros Auctioneers Inc
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 ActAct and the regulations thereunder.
Appears in 2 contracts
Samples: Underwriting Agreement (Oncogenex Technologies Inc), Purchase Agreement (Aspreva Pharmaceuticals CORP)
Rule 158. The Company will timely file such reports pursuant to the Securities Exchange Act of 1934, as amended (the “1934 Act Act”) as are necessary in order to make generally available to its securityholders as soon as reasonably practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Floor & Decor Holdings, Inc.), Underwriting Agreement (Floor & Decor Holdings, Inc.)
Rule 158. The Company will timely file such reports pursuant to the Securities Exchange Act of 1934 Act (the “1934 Act”) as are necessary in order to make generally available to its securityholders as soon as practicable an earnings earning statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 2 contracts
Samples: Purchase Agreement (Lincoln Educational Services Corp), Purchase Agreement (Lincoln Educational Services Corp)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders shareholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters and the Sub-underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 2 contracts
Samples: Purchase Agreement (Labopharm Inc), Purchase Agreement (Labopharm Inc)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its their respective securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 2 contracts
Samples: Underwriting Agreement (WPSR Capital Trust I), WPSR Capital Trust I
Rule 158. The Company will timely file such reports pursuant to the 1934 Act Act, as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters Underwriter the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Milacron Holdings Corp.), Underwriting Agreement (Milacron Holdings Corp.)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act and the 1934 Act Regulations as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 2 contracts
Samples: Underwriting Agreement (HealthSpring, Inc.), Purchase Agreement (Greenbrier Companies Inc)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders shareholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Univest Corp of Pennsylvania), Underwriting Agreement (Savannah Bancorp Inc)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.an
Appears in 2 contracts
Samples: Underwriting Agreement (Dial Corp /New/), Purchase Agreement (Checkfree Holdings Corp \Ga\)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act0000 Xxx.
Appears in 2 contracts
Samples: Underwriting Agreement (Berry Plastics Group Inc), Underwriting Agreement (Berry Plastics Group Inc)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters Placement Agents the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act (subject to Rule 158 under the 1933 Act).
Appears in 2 contracts
Samples: Placement Agency Agreement (NewLake Capital Partners, Inc.), Placement Agency Agreement (NewLake Capital Partners, Inc.)
Rule 158. The Company will timely file such reports pursuant to the Securities Exchange Act of 1934, as amended (the “1934 Act Act”) as are necessary in order to make generally available to its securityholders security holders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 2 contracts
Samples: Underwriting Agreement (CureVac N.V.), Underwriting Agreement (CureVac B.V.)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders shareholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters and Sub-underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 2 contracts
Samples: Purchase Agreement (Brookfield Properties Corp), Purchase Agreement (Brookfield Properties Corp)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters Jxxxxx the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Farmland Partners Inc.), Farmland Partners Inc.
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement (as defined in Rule 158 of the 1933 Act Regulations) for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Independent Bank Group, Inc.), Underwriting Agreement (Navios Maritime Acquisition CORP)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement “earning statement” (within the meaning of Rule 158 of the 1933 Act Regulations (“Rule 158”) for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 ActAct (including the definitions of certain terms used within that paragraph as set forth in Rule 158).
Appears in 2 contracts
Samples: Underwriting Agreement (Team Health Holdings Inc.), Underwriting Agreement (Team Health Holdings Inc.)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters Agents the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 2 contracts
Samples: Equity Distribution Agreement (KKR Real Estate Finance Trust Inc.), Equity Distribution Agreement (TCP Capital Corp.)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act; provided the Company will be deemed to have furnished such statement to securityholders and the Representative to the extent it is filed with the Commission pursuant to XXXXX.
Appears in 2 contracts
Samples: Underwriting Agreement (MeridianLink, Inc.), Underwriting Agreement (Lucid Group, Inc.)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters Jefferies the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Farmland Partners Inc.), Equity Distribution Agreement (Farmland Partners Inc.)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement “earning statement” (within the meaning of Rule 158 of the 1933 Act Regulations (“Rule 158”) for the purposes of, and to provide to the Underwriters Underwriter the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 ActAct (including the definitions of certain terms used within that paragraph as set forth in Rule 158).
Appears in 2 contracts
Samples: Underwriting Agreement (Team Health Holdings Inc.), Underwriting Agreement (Team Health Holdings Inc.)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act Act, as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Whiting Petroleum Corp), Underwriting Agreement (Whiting Petroleum Corp)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters Bxxxx the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Farmland Partners Inc.), Equity Distribution Agreement (Farmland Partners Inc.)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters Dealer Manager the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 2 contracts
Samples: Dealer Manager Agreement (GOLUB CAPITAL BDC, Inc.), Dealer Manager Agreement (WhiteHorse Finance, Inc.)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters B. Xxxxx the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Farmland Partners Inc.), Equity Distribution Agreement (Farmland Partners Inc.)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable security holders an earnings statement for the purposes of, and to provide to the Underwriters Underwriter the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Equity One, Inc.), Underwriting Agreement (Equity One, Inc.)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Securities Act (subject to Rule 158 under the Securities Act).
Appears in 2 contracts
Samples: Underwriting Agreement (AFC Gamma, Inc.), Underwriting Agreement (AFC Gamma, Inc.)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders security holders as soon as practicable an earnings earning statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 ActAct and Rule 158 thereunder.
Appears in 2 contracts
Samples: Purchase Agreement (Zoltek Companies Inc), Purchase Agreement (Insituform Technologies Inc)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as is reasonably practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Clarus Therapeutics Inc), Underwriting Agreement (Clarus Therapeutics Inc)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Securities Act.
Appears in 2 contracts
Samples: Purchase Agreement (Us Airways Inc), Purchase Agreement (Eastshore Aviation, LLC)
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 2 contracts
Samples: Legg Mason Inc, Legg Mason Inc
Rule 158. The Company will timely file such reports pursuant to the 1934 Act as are necessary in order to make generally available to its securityholders as soon as practicable an earnings statement for the purposes of, and to provide to the Underwriters and the Forward Sellers the benefits contemplated by, the last paragraph of Section 11(a) of the 1933 Act.
Appears in 2 contracts
Samples: Underwriting Agreement (Umb Financial Corp), Underwriting Agreement (National Health Investors Inc)
