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

Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the Rules and Regulations under the Securities Act, 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 consecutive months beginning after the Execution Date, provided that reports, schedules, forms, statements and other documents that are filed by the Company with the Commission after the Execution Date are deemed to be delivered pursuant to Rule 172 under the Securities Act.

Appears in 8 contracts

Samples: Underwriting Agreement (AquaBounty Technologies, Inc.), Underwriting Agreement (AquaBounty Technologies, Inc.), Underwriting Agreement (AquaBounty Technologies, Inc.)

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Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the Rules and Regulations under the Securities Act, 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 consecutive months beginning after the Execution Date, provided that reports, schedules, forms, statements and other documents that are filed by the Company with the Commission after the Execution Date are shall be deemed to be delivered pursuant to Rule 172 under the Securities Actdelivered.

Appears in 6 contracts

Samples: Underwriting Agreement (Diffusion Pharmaceuticals Inc.), Underwriting Agreement (Diffusion Pharmaceuticals Inc.), Underwriting Agreement (Vuzix Corp)

Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the Rules and Regulations under the Securities Act, 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 consecutive months beginning after the Execution Date, provided that reports, schedules, forms, statements and other documents that are . Such earning statement filed by the Company with the Commission after the Execution Date are pursuant to its XXXXX system shall be deemed to be delivered have been made available to the security holders pursuant to Rule 172 under the Securities Actthis Section.

Appears in 4 contracts

Samples: Underwriting Agreement (Stemcells Inc), Underwriting Agreement (Stemcells Inc), Stemcells Inc

Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the Rules and Regulations under the Securities Act, 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 consecutive months beginning after the Execution Date; provided, provided that reports, schedules, forms, statements and other documents that are filed by the Company with the Commission after the Execution Date are shall be deemed to be delivered pursuant to Rule 172 under the Securities Actconstitute delivery.

Appears in 3 contracts

Samples: Seelos Therapeutics, Inc., Seelos Therapeutics, Inc., Seelos Therapeutics, Inc.

Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the Rules and Regulations under the Securities Act, 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 consecutive months beginning after the Execution Date, provided that any reports, schedules, forms, statements and other documents that are filed or furnished by the Company with the Commission after the Execution Date are shall be deemed to be delivered pursuant to Rule 172 under the Securities Actconstitute delivery.

Appears in 3 contracts

Samples: Underwriting Agreement (iMedia Brands, Inc.), Underwriting Agreement (DarioHealth Corp.), iMedia Brands, Inc.

Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the Rules and Regulations under the Securities Act, 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 consecutive months beginning after the Execution Date, provided that any reports, schedules, forms, statements and or other documents that are filed or furnished by the Company with the Commission after the Execution Date are shall be deemed to be delivered pursuant to Rule 172 under the Securities Actconstitute delivery.

Appears in 2 contracts

Samples: Underwriting Agreement (Chembio Diagnostics, Inc.), Underwriting Agreement (Chembio Diagnostics, Inc.)

Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the Rules and Regulations under the Securities Act, 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 consecutive months beginning after the Execution Date, ; provided that reports, schedules, forms, statements and other documents that are filed by the Company with the Commission after the Execution Date are deemed to be delivered pursuant to Rule 172 under the Securities Act.

Appears in 2 contracts

Samples: Underwriting Agreement (Key Mining Corp.), Underwriting Agreement (Key Mining Corp.)

Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the Rules and Regulations under the Securities Act, 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 consecutive months beginning after the Execution Date; provided, provided that reports, schedules, forms, statements and other documents that are filed by the Company with the Commission Commissions after the Execution Date are shall be deemed to be delivered pursuant to Rule 172 under the Securities Actconstitute delivery.

Appears in 2 contracts

Samples: Apricus Biosciences, Inc., Apricus Biosciences, Inc.

Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the Rules and Regulations under the Securities Act, 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 consecutive months beginning after the Execution Date, ; provided that reports, schedules, forms, statements and other documents that are filed filings of the SEC Reports by the Company with the Commission after the Execution Date are shall be deemed to be delivered pursuant to Rule 172 under the Securities Actconstitute delivery.

Appears in 1 contract

Samples: Underwriting Agreement (Comstock Mining Inc.)

Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the Rules and Regulations under the Securities Act, 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 consecutive months beginning after the Execution Date, provided that reports, schedules, forms, statements statements, and other documents that are filed by the Company with the Commission after the Execution Date are shall be deemed to be delivered pursuant to Rule 172 under the Securities Actconstitute delivery.

Appears in 1 contract

Samples: Underwriting Agreement (Emagin Corp)

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Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the Rules and Regulations under the Securities Act, 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 consecutive months beginning after the Execution Date, provided that reports, schedules, forms, statements and other documents that are filed by the Company with the Commission after the Execution Date are deemed to be delivered pursuant to Rule 172 under the Securities Act. 2 NTD: Selling Stockholders to determine how the fees will be split.

Appears in 1 contract

Samples: Underwriting Agreement (AquaBounty Technologies, Inc.)

Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the Rules and Regulations under the Securities Act, 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 consecutive months beginning after the Execution Date, provided provided, however, that the filings of the Company’s reports, schedules, forms, statements and other such documents that are filed by the Company with the Commission after the Execution Date are deemed to be delivered pursuant to Rule 172 require under the Securities ActAct and Exchange Act shall be deemed to constitute such delivery.

Appears in 1 contract

Samples: Underwriting Agreement (Cellect Biotechnology Ltd.)

Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the Rules and Regulations under the Securities Act, 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 consecutive months beginning after the Execution Date, ; provided that reports, schedules, forms, statements and other documents that are filed by the Company with the Commission after the Execution Date are deemed to be delivered pursuant to Rule 172 under the Securities Act.

Appears in 1 contract

Samples: Dare Bioscience, Inc.

Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the Rules and Regulations under the Securities Act, 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 consecutive months beginning after the Execution Date, provided that reports, schedules, forms, statements statements, and other documents that are filed by the Company with the Commission after the Execution Date are shall be deemed to be delivered pursuant to Rule 172 under the Securities Actconstitute delivery.

Appears in 1 contract

Samples: Underwriting Agreement (Emagin Corp)

Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the Rules and Regulations under the Securities Act, 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 consecutive months beginning after the Execution Date, provided that reports, schedules, forms, statements and other documents that are filed 22 US.128784380.07 by the Company with the Commission after the Execution Date are deemed to be delivered pursuant to Rule 172 under the Securities Act.

Appears in 1 contract

Samples: Underwriting Agreement (AquaBounty Technologies, Inc.)

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