Common use of Rule 158 Clause in Contracts

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 16 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulationsthereunder.

Rule 158. The Company will make generally available to its security holders securityholders as soon as practicable, but in no any event not later than 15 eighteen months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (whichas defined in Rule 158(c)), for purposes of this paragraph, will be deemed to be the effective date an earnings statement of the Rule 462(bCompany and its subsidiaries (which need not be audited) Registration Statement, if applicable) that shall satisfy the provisions of complying with Section 11(a) of the Act and Rule 158 of the Rules and RegulationsRegulations (including, at the option of the Company, Rule 158).

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.

Rule 158. The Company will make generally available to its security holders as soon as practicable, practicable but in no event not later than 15 months 45 days after the end close of the period covered thereby, an earnings statement of the Company (in form complying with the provisions of Rule 158 of the rules and regulations under the Securities Act) covering a twelve-month period beginning not later than the first day of the Company’s current fiscal quarter, an earnings statement quarter next following the “effective date” (which need not be auditedas defined in Rule 158) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month 12‑month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 16 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of thereunder. Documents filed with the Rules and RegulationsCommission pursuant to its EXXXX system shall be deemed to have satisfied the Company’s requirements under this Section.

Rule 158. The Company will make generally available to its security holders and the Underwriters, as soon as practicableit is practicable to do so, but in no any event not later than 15 months after the end effective date of the Company’s current fiscal quarterRegistration Statement, an earnings statement (which need not be audited) in reasonable detail, covering a 12-month period of at least 12 consecutive months beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that which earnings statement shall satisfy the provisions requirements of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month 12‑month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-12 month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 16 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of thereunder. Documents filed with the Rules and RegulationsCommission pursuant to its XXXXX system shall be deemed to have satisfied the Company’s requirements under this Section.

Rule 158. The Company will make generally available to its security holders as As soon as practicable, but in no event not later than 15 16 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (whichas defined in Rule 158(c) under the Act), for purposes the Company will make generally available to its securityholders an earnings statement covering a period of this paragraph, at least 12 months which will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of under the Rules and RegulationsAct.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 16 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month 12‑month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulationsthereunder.

Rule 158. The Company will make generally available to its security holders as soon as practicable, practicable but in no event not later than 15 months 45 days after the end close of the Company’s current fiscal quarterperiod covered thereby, an earnings statement of the Company (which need not be auditedin form complying with the provisions of Rule 158 of the rules and regulations under the Securities Act) covering a 12twelve-month period beginning after not later than the first day of the Company's fiscal quarter next following the “effective date date” (as defined in Rule 158) of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.

Rule 158. The As soon as practicable, but not later than 16 months, after the effective date of the Registration Statement (as defined in Rule 158(c) under the Act), the Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, securityholders an earnings statement (which need not be audited) covering a 12-month period of at least 12 months beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy Agreement and satisfying the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations158.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event not later than 15 months 90 days after the end close of the Company’s current fiscal quarterperiod covered thereby, an earnings statement (which need not be auditedin form complying with the provisions of Rule 158 of the 1933 Act Regulations) covering a 12-each twelve month period beginning after beginning, in each case, not later than the first day of the Company's fiscal quarter next following the "effective date date" (as defined in such Rule 158) of the Registration Statement (which, for purposes with respect to each sale of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and RegulationsOffered Securities.

Rule 158. The Company will make generally available to its security holders securityholders as soon as practicable, but in no any event not later than 15 sixteen months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (whichas defined in Rule 158(c) under the 1933 Act), for purposes of this paragraph, will be deemed to be the effective date an earnings statement of the Rule 462(bCompany and its Subsidiaries (which need not be audited) Registration Statement, if applicable) that shall satisfy the provisions of complying with Section 11(a) of the 1933 Act and Rule 158 the rules and regulations of the Rules and RegulationsCommission thereunder (including, at the option of the Company, Rule158).

Rule 158. The Company will make generally available to its security holders and to deliver to the Representative as soon as practicable, but in no any event not later than 15 months after the end of the Company’s current fiscal quarter, quarter first occurring after the first anniversary of the effective date of the Registration Statement an earnings statement complying with the provisions of Section 11(a) of the Securities Act (which need not be auditedin form, at the option of the Company, complying with the provisions of Rule 158 of the Securities Act Regulations) covering a 12-month period of 12 months beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations, provided that the Company will be deemed to have complied with such requirement by filing such earning statement on the Commission’s Electronic Data Gather, Analysis and Retrieval System (or any successor system).

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event not later than 15 months 45 days after the end close of the Company’s current fiscal quarterperiod covered thereby, an earnings statement of the Company (which need not be auditedin form complying with the provisions of Rule 158 of the 1933 Act Regulations), covering (i) covering a 12-month period of 12 months beginning after the effective date of the Registration Statement but not later than the first day of the Company's fiscal quarter next following such effective date and (which, for purposes ii) a period of 12 months beginning after the date of this paragraph, will be deemed to be Agreement but not later than the effective first day of the Company's fiscal quarter next following the date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulationsthis Agreement.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the 1933 Act and Rule 158 of the Rules and Regulations.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event not later than 15 months 90 days after the end close of the Company’s current fiscal quarterperiod covered thereby, an earnings statement (which need not be auditedin form complying with the provisions of Rule 158 of the 1933 Act Regulations) covering a 12twelve-month period beginning after not later than the first day of the Company's fiscal quarter next following the "effective date date" (as defined in said Rule 158) of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.

Rule 158. The Company will make generally available to its security holders securityholders as soon as practicable, but in no any event not later than 15 eighteen months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (whichas defined in Rule 158(c)), for purposes of this paragraph, will be deemed to be the effective date an earnings statement of the Rule 462(bCompany and its subsidiaries (and the Trust if required by the Commission) Registration Statement, if applicable(which need not be audited) that shall satisfy the provisions of complying with Section 11(a) of the Act and Rule 158 the rules and regulations of the Rules and RegulationsCommission thereunder (including, at the option of the Company, Rule 158).

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an “earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) statement” that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 16 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of thereunder. Documents filed with the Rules and RegulationsCommission pursuant to its XXXXX system shall be deemed to have the Company’s requirements under this Section.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations, which such obligation may be satisfied by the Company’s filing applicable annual and quarterly reports on Form 10-K and Form 10-Q with the Commission.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month 12‑month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations. Any report, communication or financial statement furnished or filed with the Commission that is publicly available on XXXXX shall be deemed to have been furnished to such security holders at the time furnished or filed with the Commission.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event not later than 15 months 90 days after the end close of the Company’s current fiscal quarterperiod covered thereby, an earnings statement (which need not be audited, but in form complying with the provisions of Rule 158 of the 1933 Act Regulations) of the Company covering a 12twelve-month period beginning after not later than the first day of the Company's fiscal quarter next following the "effective date date" (as defined in said Rule 158) of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s 's current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month 12‑month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.

Rule 158. The Company will make generally available to its security holders and to the Representative as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations, provided that the Company will be deemed to have complied with such requirement by filing such earning statement on the Commission’s Electronic Data Gather, Analysis and Retrieval System (or any successor system).

Rule 158. The Company will make generally available to its security holders as soon as practicablepracticable (which may be satisfied by filing its annual report on Form 10-K with the Commission’s XXXXX system), but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings earning statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 16 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of thereunder. Documents filed with the Rules and RegulationsCommission pursuant to its EXXXX system shall be deemed to have the Company’s requirements under this Section.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 sixteen (16) months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a twelve (12-) month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of thereunder. Documents filed with the Rules and RegulationsCommission pursuant to its EXXXX system shall be deemed to have satisfied the Company’s requirements under this Section.

Rule 158. The As soon as practicable, but not later than the 16 months after the Effective Date of the Registration Statement (as defined in Rule 158(c) under the Act), the Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period of at least 12 months beginning after the effective date Effective Date of the Registration Statement (which, for purposes of this paragraph, which will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and the rules and regulations of the Commission thereunder (including but not limited to, Rule 158 of under the Rules and RegulationsAct).

Rule 158. The Company will make generally available to its security holders holders, as soon as practicableit is practicable to do so, but in no any event not later than 15 months after the end effective date of the Company’s current fiscal quarterRegistration Statement, an earnings earning statement (which need not be audited) in reasonable detail, covering a 12-month period of at least 12 consecutive months beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that which earning statement shall satisfy the provisions requirements of Section 11(a) of the 1933 Act and Rule 158 of the Rules and RegulationsRegulations and will advise you in writing when such statement has been so made available.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month 12‑month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 16 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations.

Rule 158. The As soon as practicable, the Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after and to the end of the Company’s current fiscal quarter, Representative an earnings statement (which need not be audited) covering a 12-month period of at least 12 months beginning after the effective date time of the Registration Statement (which, for purposes of this paragraph, which will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of under the Rules and RegulationsSecurities Act.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month 12‑month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulationspromulgated thereunder.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations; provided that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s XXXXX system.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations. Any report, communication or financial statement furnished or filed with the Commission that is publicly available on XXXXX shall be deemed to have been furnished to such security holders at the time furnished or filed with the Commission.

Rule 158. The Company will make generally available to its security holders securityholders as soon as practicable, but in no any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after for the effective date of purposes of, and to provide to the Registration Statement (whichPlacement Agent the benefits contemplated by, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions last paragraph of Section 11(a) of the Act and Rule 158 of the Rules and RegulationsSecurities Act; provided, however, that the Company will be deemed to have furnished such statement to its securityholders to the extent they are filed on XXXXX or any successor system.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month 12month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.a

Rule 158. The As soon as practicable, but not later than the Availability Date (as defined below), the Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, securityholders an earnings statement (which need not be audited) covering a 12-month period of at least 12 months beginning after the effective date Effective Time of the Initial Registration Statement (whichor, for purposes of this paragraphif later, will be deemed to be the effective date Effective Time of the Rule 462(b) Additional Registration Statement, if applicable) that shall which will satisfy the provisions of Section 11(a) of the Act and Rule 158 under the Act. For the purpose of the Rules and Regulations.preceding sentence, “Availability Date” means the day after the end of the fourth fiscal quarter following the fiscal quarter that includes such Effective Time on which the Company

Rule 158. The Company will shall make generally available to its security holders holders, in the manner contemplated by Rule 158(b) under the Securities Act, as soon as practicable, practicable but in no any event not later than 15 months 60 days after the end of its fiscal quarter in which the Company’s current fiscal quarterfirst anniversary date of the effective date of the Registration Statement occurs, an earnings statement (which need not be auditedwill comply with Section 11(a) of the Securities Act covering a 12-month period of at least 12 consecutive months beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s 's current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event not later than 15 months 90 days after the end close of the Company’s current fiscal quarterperiod covered thereby, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy in form complying with the provisions of Section 11(a) of the Act and Rule 158 of the Rules and 1933 Act Regulations) covering a twelve month period beginning not later than the first day of the Company's fiscal quarter next following the "effective date" (as defined in such Rule 158) of the Registration Statement.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations; provided the Company will be deemed to have furnished such statement to security holders and the Representative to the extent it is filed on XXXXX.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations; provided, that the Company will be deemed to have furnished such statements to its security holders to the extent they are filed on XXXXX.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations. If such earnings statement is available on XXXXX it shall be deemed to be generally available to security holders.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations.

Rule 158. The Company will make generally available to its -------- security holders holders, as soon as practicableit is practicable to do so, but in no any event not later than 15 months after the end effective date of the Company’s current fiscal quarterRegistration Statement, an earnings earning statement (which need not be audited) in reasonable detail, covering a 12-month period of at least 12 consecutive months beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that which earning statement shall satisfy the provisions requirements of Section 11(a) of the 1933 Act and Rule 158 of the Rules and RegulationsRegulations and will advise you in writing when such statement has been so made available.

Rule 158. The As soon as practicable, but not later than the Availability Date (as defined below), the Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period of at least 12 months beginning after the effective date Effective Time of the Initial Registration Statement (whichor, for purposes of this paragraphif later, will be deemed to be the effective date Effective Time of the Rule 462(b) Additional Registration Statement, if applicable) that shall which will satisfy the provisions of Section 11(a) of the Act and Rule 158 under the Act. For the purpose of the Rules and Regulationspreceding sentence, “Availability Date” means April 30, 2017.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarterquarter (which may be satisfied by filing on XXXXX), an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarterquarter (which may be satisfied by filing on XXXXX), an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month 12month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations.. US.131466268.03

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after practicable (which may be satisfied by filing its annual report on Form 10-K with the end of the CompanyCommission’s current fiscal quarter, XXXXX system) an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event not later than 15 months 90 days after the end close of the Company’s current fiscal quarterperiod covered thereby, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy in form complying with the provisions of Section 11(a) of the Act and Rule 158 of the Rules and 1933 Act Regulations) covering a twelve- month period beginning not later than the first day of the Company's fiscal quarter next following the "effective date" (as defined in said Rule 158) of the Registration Statement.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month 12month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month 12‑month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.covering

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.)

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations; provided, however, that the Company will be deemed to have furnished such statement to security holders and the Representative to the extent filed on EXXXX.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarterquarter first occurring after the first anniversary of the “effective date” (as defined in Rule 158 of the Securities Act Regulations) of the Registration Statement, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Securities Act Regulations.

Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations; provided, that the Company will be deemed to have furnished such statements to its security holders to the extent they are filed on XXXXX.

Rule 158. The As soon as practicable, but not later than the Availability Date (as defined below), the Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, securityholders an earnings statement (which need not be audited) covering a 12-month period of at least 12 months beginning after the effective date Effective Time of the Initial Registration Statement (whichor, for purposes of this paragraphif later, will be deemed to be the effective date Effective Time of the Rule 462(b) Additional Registration Statement), if applicable) that shall which will satisfy the provisions of Section 11(a) of the Act and Rule 158 under the Act. For the purpose of the Rules and Regulations.preceding sentence, “Availability Date” means the day after the end of the fourth fiscal quarter following the fiscal quarter that includes such Effective Time on which the Company is required to

Rule 158. The Company will make generally available to its security holders as soon as practicablepracticable (which may be satisfied by filing its annual report on Form 10-K with the Commission’s XXXXX system), but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month 12‑month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.