Common use of Rule 158 Clause in Contracts

Rule 158. The Company will make generally available to its securityholders as soon as practicable an earnings statement that satisfies the provisions of Section 11(a) of the 1933 Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement; provided that the Company will be deemed to have complied with such request by filing such an earnings statement on XXXXX.

Appears in 31 contracts

Samples: Underwriting Agreement (Goldman Sachs BDC, Inc.), Equity Distribution Agreement (MidCap Financial Investment Corp), Equity Distribution Agreement (PennantPark Floating Rate Capital Ltd.)

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Rule 158. The Company will make generally available to its securityholders as soon as practicable an earnings statement (which need not be audited) covering a 12-month period beginning after the date upon which the Prospectus is filed that satisfies shall satisfy the provisions of Section 11(a) of the 1933 Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement; provided that the Company will be deemed to have complied with such request by filing such an earnings statement on XXXXXAct.

Appears in 20 contracts

Samples: Underwriting Agreement (Etre Reit, LLC), Underwriting Agreement (Colony NorthStar, Inc.), Underwriting Agreement (Colony Financial, Inc.)

Rule 158. The Company will generally make generally available to its securityholders the Company’s security holders as soon as practicable an earnings statement that satisfies of the Company covering a twelve-month period beginning after the date of this Agreement, which shall satisfy the provisions of Section 11(a) of the 1933 Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement; provided that the Company will be deemed to have complied with such request by filing such an earnings statement on XXXXXSecurities Act.

Appears in 18 contracts

Samples: Standby Purchase Agreement, Backstop Exchange Agreement (Babcock & Wilcox Enterprises, Inc.), Standby Purchase Agreement (Roadrunner Transportation Systems, Inc.)

Rule 158. The Company will make generally available to its securityholders as soon as practicable an earnings statement that satisfies the provisions of Section 11(a) of the 1933 Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve (12) months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement; provided that the Company will be deemed to have complied with such request by filing such an earnings statement on XXXXX.

Appears in 7 contracts

Samples: Underwriting Agreement (Blackstone Secured Lending Fund), Underwriting Agreement (Blackstone Secured Lending Fund), Underwriting Agreement (Blackstone Secured Lending Fund)

Rule 158. The Company will make generally available to its securityholders as soon as practicable an earnings statement that satisfies the provisions of Section 11(a) of the 1933 Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement; provided that the Company will be deemed to have complied with such request by filing such an earnings statement on XXXXX.

Appears in 5 contracts

Samples: Underwriting Agreement (Runway Growth Finance Corp.), Underwriting Agreement (Kayne Anderson BDC, Inc.), Underwriting Agreement (Nuveen Churchill Direct Lending Corp.)

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Rule 158. The Company will make generally available to its securityholders as soon as practicable an earnings statement that satisfies the provisions of Section 11(a) of the 1933 Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve (12) months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement; provided that the Company will be deemed to have complied with such request by filing such an earnings statement on XXXXXEXXXX.

Appears in 1 contract

Samples: Underwriting Agreement (Morgan Stanley Direct Lending Fund)

Rule 158. The Company will make generally available to its securityholders as soon as practicable an earnings statement that satisfies the provisions of Section 11(a) of the 1933 Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement; provided that the Company will be deemed to have complied with such request by filing such an earnings statement on XXXXXEXXXX.

Appears in 1 contract

Samples: Underwriting Agreement (Runway Growth Finance Corp.)

Rule 158. The Company will make generally available to its securityholders security holders as soon as practicable an earnings earning statement that satisfies the provisions of Section 11(a) of the 1933 Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the effective date” (as defined in Rule 158) date of the Initial Registration Statement; provided provided, that the Company will be deemed to have complied with furnished such request by filing such an earnings statement to its security holders to the extent it is filed on XXXXXEXXXX.

Appears in 1 contract

Samples: Underwriting Agreement (GAN LTD)

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