Common use of Delivery of Earnings Statements to Security Holders Clause in Contracts

Delivery of Earnings Statements to Security Holders. The Company shall make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth (15th) full calendar month following the date of this Agreement, an earnings statement (which need not be certified by independent registered public accounting firm unless required by the Securities Act or the Securities Act Regulations, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve (12) consecutive months beginning after the date of this Agreement. If such earnings statement is available on Xxxxx it shall be deemed to have been delivered to the Representative pursuant to this Section 3.12.

Appears in 11 contracts

Samples: Underwriting Agreement (Kiromic Biopharma, Inc.), Underwriting Agreement (1847 Goedeker Inc.), Underwriting Agreement (1847 Goedeker Inc.)

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Delivery of Earnings Statements to Security Holders. The Company shall make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth (15th) full calendar month following the date of this Agreement, an earnings statement (which need not be certified by independent registered public accounting firm unless required by the Securities Act or the Securities Act Regulations, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve (12) consecutive months beginning after the date of this Agreement. If such earnings statement is available on Xxxxx EXXXX it shall be deemed to have been delivered to the Representative Representatives pursuant to this Section 3.12.

Appears in 6 contracts

Samples: Underwriting Agreement (Wetouch Technology Inc.), Underwriting Agreement (Wetouch Technology Inc.), Underwriting Agreement (Wetouch Technology Inc.)

Delivery of Earnings Statements to Security Holders. The Company shall make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth (15th) full calendar month following the date of this Agreement, an earnings statement (which need not be certified by independent registered public accounting firm unless required by the Securities Act or the Securities Act Regulations, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve (12) consecutive months beginning after the date of this Agreement. If such earnings statement is available on Xxxxx EXXXX it shall be deemed to have been delivered to the Representative pursuant to this Section 3.12.

Appears in 3 contracts

Samples: Underwriting Agreement (Transcode Therapeutics, Inc.), Underwriting Agreement (Transcode Therapeutics, Inc.), Underwriting Agreement (Transcode Therapeutics, Inc.)

Delivery of Earnings Statements to Security Holders. The Company shall will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth (15th) full calendar month following the date of this AgreementExecution Date, an earnings statement (which need not be certified by independent registered public accounting firm or independent certified public accountants unless required by the Securities Act or the Rules and Regulations under the Securities Act RegulationsAct, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve (12) consecutive months beginning after the date of this AgreementExecution Date. If such earnings statement is available on Xxxxx it shall be deemed to have been delivered to the Representative pursuant to this Section 3.124.7.

Appears in 3 contracts

Samples: Underwriting Agreement (Smart for Life, Inc.), Underwriting Agreement (Smart for Life, Inc.), Underwriting Agreement (Smart for Life, Inc.)

Delivery of Earnings Statements to Security Holders. The Company shall make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth (15th) full calendar month following the date of this Agreement, an earnings statement (which need not be certified by an independent registered public accounting firm unless required by the Securities Act or the Securities Act applicable Rules and Regulations, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve (12) consecutive months beginning after the date of this Agreement. If such earnings statement is available on Xxxxx it Documents filed with the Commission pursuant to its XXXXX system shall be deemed to have been delivered made available to the Representative security holders pursuant to this Section 3.12.

Appears in 2 contracts

Samples: Underwriting Agreement (Akerna Corp.), Underwriting Agreement (Akerna Corp.)

Delivery of Earnings Statements to Security Holders. The Company shall will timely file such reports pursuant to the Exchange Act as are necessary in order to make generally available to its security holders securityholders as soon as practicable, but bot not later than the first day of the fifteenth (15th) full calendar month following the eth date of this Agreement, Agreement an earnings statement (which need not be certified by independent registered public accounting firm unless required by for the Securities Act or purposes of, and to provide to the Securities Act RegulationsUnderwriters the benefits contemplated by, but which shall satisfy the provisions last paragraph of Rule 158(a) under Section 11(a) of the Securities Act) Act covering a period of at least twelve (12) consecutive months beginning after the date of this Agreement. If such earnings statement is available on Xxxxx Xxxxx, it shall be deemed to have been delivered to the Representative pursuant to this Section 3.123.13.

Appears in 2 contracts

Samples: Underwriting Agreement (Vivakor, Inc.), Underwriting Agreement (Vivakor, Inc.)

Delivery of Earnings Statements to Security Holders. The Company shall make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth (15th) full calendar month following the date of this Agreement, an earnings statement (which need not be certified by an independent registered public accounting firm unless required by the Securities Act or the Securities Act Regulations, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve (12) consecutive months beginning after the date of this Agreement. If , provided, that such earnings statement is available on Xxxxx it shall be deemed to have been delivered furnished to such security holders to the Representative pursuant to this Section 3.12extent it is filed on EXXXX.

Appears in 2 contracts

Samples: Underwriting Agreement (NRX Pharmaceuticals, Inc.), Underwriting Agreement (NRX Pharmaceuticals, Inc.)

Delivery of Earnings Statements to Security Holders. The Company shall make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth (15th) full calendar month following the date of this Agreement, an earnings statement (which need not be certified by independent registered public accounting firm unless required by the Securities Act or the Securities Act Regulations, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve (12) consecutive months beginning after the date of this Agreement. If ; provided that such earnings statement is available on Xxxxx it shall be deemed to have been delivered furnished to such security holders to the Representative pursuant to this Section 3.12extent it is filed on XXXXX.

Appears in 2 contracts

Samples: Underwriting Agreement (Tapinator, Inc.), Underwriting Agreement (Tapinator, Inc.)

Delivery of Earnings Statements to Security Holders. The Company shall make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth (15th) full calendar month following the date of this Agreement, an earnings statement (which need not be certified by independent registered public accounting firm unless required by the Securities Act or the Securities Act Regulations, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve (12) consecutive months beginning after the date of this Agreement. If such earnings statement is available on Xxxxx Exxxx it shall be deemed to have been delivered to the Representative pursuant to this Section 3.12.

Appears in 2 contracts

Samples: Underwriting Agreement (Transcode Therapeutics, Inc.), Underwriting Agreement (Kiromic Biopharma, Inc.)

Delivery of Earnings Statements to Security Holders. The Company shall will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth (15th) full calendar month following the date of this AgreementExecution Date, an earnings statement (which need not be certified by independent registered public accounting firm or independent certified public accountants unless required by the Securities Act or the Rules and Regulations under the Securities Act RegulationsAct, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve (12) consecutive months beginning after the date of this AgreementExecution Date. If such earnings statement is available on Xxxxx XXXXX it shall be deemed to have been delivered to the Representative its security holders pursuant to this Section 3.12Section.

Appears in 2 contracts

Samples: Underwriting Agreement (Loha Co. LTD), Underwriting Agreement (Loha Co. Ltd.)

Delivery of Earnings Statements to Security Holders. The Company shall will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth (15th) full calendar month following the date of this AgreementExecution Date, an earnings statement (which need not be certified by independent registered public accounting firm or independent certified public accountants unless required by the Securities Act or the rules and regulations under the Securities Act RegulationsAct, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve (12) consecutive months beginning after the date of this AgreementExecution Date. If such Such earnings statement is available on Xxxxx it filed with the Commission pursuant to its XXXXX system shall be deemed to have been delivered made available to the Representative security holders pursuant to this Section 3.12Section.

Appears in 2 contracts

Samples: Cel Sci Corp, Cel Sci Corp

Delivery of Earnings Statements to Security Holders. The Company shall make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth (15th) full calendar month following the date of this Agreement, an earnings statement (which need not be certified by independent registered public accounting firm unless required by the Securities Act or the Securities Act Regulations, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve (12) consecutive months beginning after the date of this Agreement. If such earnings statement is available on Xxxxx it shall Agreement provided that the Company will be deemed to have been delivered furnished such statements to its security holders to the Representative pursuant to this Section 3.12extent they are filed on XXXXX.

Appears in 2 contracts

Samples: Underwriting Agreement (Towerstream Corp), Underwriting Agreement (Towerstream Corp)

Delivery of Earnings Statements to Security Holders. The Company shall make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth (15th) full calendar month following the date of this Agreement, an earnings statement (which need not be certified by independent registered public accounting firm unless required by the Securities Act or the Securities Act Regulations, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve (12) consecutive months beginning after the date of this Agreement. If such earnings statement is available on Xxxxx it shall , provided that the Company will be deemed to have been delivered furnished such earnings statement to its security holders by Exchange Act reports that are filed with the Representative pursuant to this Section 3.12Commission and available on the XXXXX system.

Appears in 2 contracts

Samples: Underwriting Agreement (Lemeng Holdings LTD), Underwriting Agreement (Jayud Global Logistics LTD)

Delivery of Earnings Statements to Security Holders. The Company shall make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth (15th) full calendar month following the date of this Agreement, an earnings statement (which need not be certified by independent registered public accounting firm unless required by the Securities Act or the Securities Act Regulations, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve (12) consecutive months beginning after the date of this Agreement. If ; provided that such earnings statement is available on Xxxxx it shall be deemed to have been delivered furnished to such security holders to the Representative pursuant to this Section 3.12extent it is filed on EXXXX.

Appears in 2 contracts

Samples: Underwriting Agreement (Staffing 360 Solutions, Inc.), Underwriting Agreement (Staffing 360 Solutions, Inc.)

Delivery of Earnings Statements to Security Holders. The Company shall make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth (15th) full calendar month following the date of this Agreement, an earnings statement (which need not be certified by independent registered public accounting firm unless required by the Securities Act or the Securities Act Regulations, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve (12) consecutive months beginning after the date of this Agreement. If such earnings statement is available on Xxxxx it shall , provided that the Company will be deemed to have been delivered furnished such statements to its security holders to the Representative pursuant to this Section 3.12extent they are filed on EXXXX.

Appears in 2 contracts

Samples: Underwriting Agreement (Immuron LTD), Underwriting Agreement (Full Spectrum Inc.)

Delivery of Earnings Statements to Security Holders. The Company shall make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth (15th) full calendar month following the date of this Agreement, an earnings statement (which need not be certified by independent registered public accounting firm unless required by the Securities Act or the Securities Act Regulations, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve (12) consecutive months beginning after the date of this Agreement. If such earnings statement is available on Xxxxx it Documents filed with the Commission pursuant to its EXXXX system shall be deemed to have been delivered made available to the Representative pursuant to security holders as required by this Section 3.12.

Appears in 2 contracts

Samples: Underwriting Agreement (eFleets Corp), Underwriting Agreement (eFleets Corp)

Delivery of Earnings Statements to Security Holders. The Company shall make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth (15th) full calendar month following the date of this Agreement, an earnings statement (which need not be certified by independent registered public accounting firm unless required by the Securities Act or the Securities Act Regulations, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve (12) consecutive months beginning after the date of this Agreement. If such earnings statement is available on Xxxxx it shall Agreement provided that the Company will be deemed to have been delivered furnished such statements to its security holders to the Representative pursuant to this Section 3.12extent that are filed on EXXXX.

Appears in 2 contracts

Samples: Underwriting Agreement (Mota Group, Inc.), Underwriting Agreement (Mota Group, Inc.)

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Delivery of Earnings Statements to Security Holders. The Company shall make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth (15th) full calendar month following the date of this Agreement, an earnings statement (which need not be certified by independent registered public accounting firm unless required by the Securities Act or the Securities Act Regulations, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of under the Securities Act) covering a period of at least twelve (12) consecutive months beginning after the date of this Agreement. If such earnings statement is available on Xxxxx it shall , provided that the Company will be deemed to have been delivered furnished such earnings statement to its security holders by Exchange Act reports that are filed with the Representative pursuant to this Section 3.12Commission and available on the EXXXX system.

Appears in 1 contract

Samples: Underwriting Agreement (Belite Bio, Inc)

Delivery of Earnings Statements to Security Holders. The Company shall make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth (15th) full calendar month following the date of this Agreement, an earnings statement (which need not be certified by independent registered public accounting firm unless required by the Securities Act or the Securities Act Regulations, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve (12) consecutive months beginning after the date of this Agreement. If such earnings statement is available on Xxxxx it shall be deemed to have been delivered to the Representative pursuant to this Section 3.123.13.

Appears in 1 contract

Samples: Underwriting Agreement (Virpax Pharmaceuticals, Inc.)

Delivery of Earnings Statements to Security Holders. The Company shall make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth (15th) full calendar month following the date of this Agreement, an earnings statement (which need not be certified by independent registered public accounting firm unless required by the Securities Act or the Securities Act Regulations, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve (12) consecutive months beginning after the date of this Agreement. If such Documents filed with the Commission pursuant to its XXXXX system with the information required for an earnings statement is available on Xxxxx it shall be deemed to have been delivered to security holders on the Representative pursuant to this Section 3.12date of such filing.

Appears in 1 contract

Samples: Underwriting Agreement (Comstock Mining Inc.)

Delivery of Earnings Statements to Security Holders. The Company shall make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth (15th) full calendar month following the date of this Agreement, an earnings statement (which need not be certified by independent registered public accounting firm unless required by the Securities Act or the Securities Act Regulations, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve (12) consecutive months beginning after the date of this Agreement. If ; provided, that such earnings statement is available on Xxxxx it shall be deemed to have been delivered furnished to such security holders to the Representative pursuant to this Section 3.12extent it is filed on EXXXX.

Appears in 1 contract

Samples: Underwriting Agreement (Staffing 360 Solutions, Inc.)

Delivery of Earnings Statements to Security Holders. The Company shall make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth (15th) full calendar month following the date of this Agreement, an earnings statement (which need not be certified by an independent registered public accounting firm unless required by the Securities Act or the Securities Act Regulations, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve (12) consecutive months beginning after the date of this Agreement. If such earnings statement is available on Xxxxx it Documents filed with the Commission pursuant to its EXXXX system shall be deemed to have been delivered made available to the Representative security holders pursuant to this Section 3.12.

Appears in 1 contract

Samples: Underwriting Agreement (Advaxis, Inc.)

Delivery of Earnings Statements to Security Holders. The Company shall make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth (15th) full calendar month following the date of this Agreement, an earnings statement (which need not be certified by independent registered public accounting firm unless required by the Securities Act or the Securities Act Regulations, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve (12) consecutive months beginning after the date of this Agreement. If such earnings statement is available on Xxxxx XXXXX it shall be deemed to have been delivered be generally available to the Representative pursuant to this Section 3.12security holders.

Appears in 1 contract

Samples: Underwriting Agreement (Context Therapeutics Inc.)

Delivery of Earnings Statements to Security Holders. The Company shall will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth (15th) full calendar month following the date of this AgreementExecution Date, an earnings statement (which need not be certified by independent registered public accounting firm or independent certified public accountants unless required by the Securities Act or the Securities Act RegulationsAct, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve (12) consecutive months beginning after the date of this AgreementExecution Date. If such earnings Such earning statement is available on Xxxxx it filed with the Commission pursuant to its XXXXX system shall be deemed to have been delivered made available to the Representative security holders pursuant to this Section 3.12Section.

Appears in 1 contract

Samples: Underwriting Agreement (Provectus Biopharmaceuticals, Inc.)

Delivery of Earnings Statements to Security Holders. The Company shall make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth (15th) full calendar month following the date of this Agreement, an earnings statement (which need not be certified by an independent registered public accounting firm unless required by the Securities Act or the Securities Act applicable Rules and Regulations, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve (12) consecutive months beginning after the date of this Agreement. If such earnings statement is available on Xxxxx it Documents filed with the Commission pursuant to its EXXXX system shall be deemed to have been delivered made available to the Representative security holders pursuant to this Section 3.12.

Appears in 1 contract

Samples: Underwriting Agreement (Polarityte, Inc.)

Delivery of Earnings Statements to Security Holders. The Company shall make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth (15th) full calendar month following the date of this Agreement, an earnings statement (which need not be certified by independent registered public accounting firm unless required by the Securities Act or the Securities Act Regulations, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve (12) consecutive months beginning after the date of this Agreement. If such earnings statement is available on Xxxxx it shall , provided that the Company will be deemed to have been delivered furnished such statements to its security holders to the Representative pursuant to this Section 3.12extent they are filed on EDXXX.

Appears in 1 contract

Samples: Underwriting Agreement (Immuron LTD)

Delivery of Earnings Statements to Security Holders. The Company shall make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth (15th) full calendar month following the date of this Agreement, an earnings statement (which need not be certified by independent registered public accounting firm unless required by the Securities Act or the Securities Act Regulations, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve (12) consecutive months beginning after the date of this Agreement. If ; provided that such earnings statement is available on Xxxxx it requirements shall be deemed to have been delivered to met by the Representative pursuant to this Section 3.12Company if the related reports are available on the Commission’s EXXXX system.

Appears in 1 contract

Samples: Underwriting Agreement (Rise Oil & Gas, Inc.)

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