Common use of Earnings Statement Clause in Contracts

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.

Appears in 858 contracts

Samples: Sales Agreement (CorMedix Inc.), Financing Agreement (Luminar Technologies, Inc./De), Sales Agreement (Intuitive Machines, Inc.)

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Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, practicable an earnings statement (which need not be audited) covering a 12-month period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that satisfies will satisfy the provisions of Section 11(a) and Rule 158 of the Securities ActAct and the rules and regulations of the Commission thereunder.

Appears in 260 contracts

Samples: Underwriting Agreement (RadNet, Inc.), Underwriting Agreement (Celldex Therapeutics, Inc.), Underwriting Agreement (Astria Therapeutics, Inc.)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after and to the end of the Company’s current fiscal quarter, Agent an earnings statement (which need not be audited) covering a 12-month period that satisfies of at least twelve months beginning with the first fiscal quarter of the Company occurring after the date of this Agreement which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of under the Securities Act.

Appears in 199 contracts

Samples: Open Market Sale (Avadel Pharmaceuticals PLC), Open Market Sale (Vivani Medical, Inc.), Open Market Sale Agreement (Adicet Bio, Inc.)

Earnings Statement. The Company will make generally available to its security holders and to the Representative as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, practicable an earnings statement (which need not be audited) covering a 12-month period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that satisfies will satisfy the provisions of Section 11(a) and Rule 158 of the Securities ActAct and the rules and regulations of the Commission thereunder.

Appears in 125 contracts

Samples: Underwriting Agreement (Corbus Pharmaceuticals Holdings, Inc.), Underwriting Agreement (Esperion Therapeutics, Inc.), Underwriting Agreement (Liquidia Corp)

Earnings Statement. The Company will make generally available to its security holders and to the Representative as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, practicable an earnings statement (which need not be audited) covering a 12-month period of at least 12 months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that satisfies will satisfy the provisions of Section 11(a) and Rule 158 of the Securities ActAct and the rules and regulations of the Commission thereunder.

Appears in 101 contracts

Samples: Underwriting Agreement (USA Acquisition Corp.), Underwriting Agreement (LF Capital Acquisition Corp. II), Underwriting Agreement (Hunt Companies Acquisition Corp. I)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act. “Earnings statement” and “make generally available” will have the meanings contained in Rule 158 under the Securities Act.

Appears in 52 contracts

Samples: Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.), Equity Distribution Agreement (CubeSmart, L.P.)

Earnings Statement. The Company will make generally available to its security holders and to the Agent as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) of and Rule 158 of under the Securities Act.

Appears in 49 contracts

Samples: Sales Agreement (Pharvaris N.V.), Sales Agreement (Modular Medical, Inc.), Sales Agreement (MoonLake Immunotherapeutics)

Earnings Statement. The Company will make generally available to its security holders as soon as reasonably practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act. “Earnings statement” and “make generally available” will have the meanings contained in Rule 158 under the Securities Act.

Appears in 48 contracts

Samples: Equity Distribution Agreement (RPT Realty), Terms Agreement (Global Medical REIT Inc.), Sales Agreement (Chatham Lodging Trust)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement of the Company and its subsidiaries (which need not be audited) covering a 12-month period that satisfies the provisions of complies with Section 11(a) and Rule 158 of the Securities Act. The terms “earnings statement” and “make generally available to its security holders” shall have the meanings set forth in Rule 158 under the Securities Act.

Appears in 42 contracts

Samples: Sales Agreement (SharpLink Gaming, Inc.), Sales Agreement (IGC Pharma, Inc.), Sales Agreement (Ocean Power Technologies, Inc.)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months 90 days after the end close of the period covered thereby, an earnings statement (in form complying with the provisions of Rule 158 of the 1933 Act Regulations) covering the twelve month period beginning not later than the first day of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies quarter next following the provisions of Section 11(a“effective date” (as defined in said Rule 158) and Rule 158 of the Securities ActRegistration Statement.

Appears in 36 contracts

Samples: Underwriting Agreement (Healthpeak Properties, Inc.), Underwriting Agreement (Healthpeak Properties, Inc.), Underwriting Agreement (Healthpeak Properties, Inc.)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act. For the avoidance of doubt, the Company’s compliance with the reporting requirements of the Exchange Act shall be deemed to satisfy the requirements of this Section 7(f).

Appears in 35 contracts

Samples: Sales Agreement (NewAmsterdam Pharma Co N.V.), Stock Sales Agreement (Macrogenics Inc), Sales Agreement (Eos Energy Enterprises, Inc.)

Earnings Statement. The Company will make generally available to its security holders as As soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, the Company will make generally available to holders of its securities and deliver to the Placement Agent, an earnings statement covering a 12-month period of the Company (which need not be audited) that satisfies will satisfy the provisions of Section 11(a) and Rule 158 of the Securities Act.

Appears in 32 contracts

Samples: Placement Agency Agreement (Inventergy Global, Inc.), Placement Agency Agreement (Inventergy Global, Inc.), Placement Agency Agreement (LIGHTBRIDGE Corp)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act. The Company’s compliance with the reporting requirements of the Exchange Act shall be deemed to satisfy this Section 7(f).

Appears in 30 contracts

Samples: Common Stock (Allarity Therapeutics, Inc.), Sales Agreement (BioSig Technologies, Inc.), Common Stock (Alzamend Neuro, Inc.)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement of the Company (which need not be audited) covering a 12-month period that satisfies the provisions of complies with Section 11(a) and Rule 158 of the Securities Act. The terms “earnings statement” and “make generally available to its security holders” shall have the meanings set forth in Rule 158 under the Securities Act.

Appears in 27 contracts

Samples: Sales Agreement (Freight Technologies, Inc.), Sales Agreement (Processa Pharmaceuticals, Inc.), Sales Agreement (Lipocine Inc.)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act, which requirement may be satisfied by publicly filing the required information on XXXXX.

Appears in 26 contracts

Samples: Common Stock (Atara Biotherapeutics, Inc.), Sales Agreement (Astra Space, Inc.), Sales Agreement (AVITA Medical, Inc.)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act. For the avoidance of doubt, the Company’s compliance with the reporting requirements of the Exchange Act shall be deemed to satisfy this Section 7(f).

Appears in 23 contracts

Samples: Sales Agreement (Intercept Pharmaceuticals, Inc.), Sales Agreement (Coherus BioSciences, Inc.), Sales Agreement (Elevation Oncology, Inc.)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Securities ActRules and Regulations.

Appears in 23 contracts

Samples: Reunion Neuroscience (Reunion Neuroscience Inc.), Equity Distribution Agreement (Hut 8 Mining Corp.), Equity Distribution Agreement (Oncolytics Biotech Inc)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in 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 that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act. “Earnings statement” and “make generally available” will have the meanings contained in Rule 158 under the Securities Act.

Appears in 21 contracts

Samples: Equity Distribution Agreement (Essex Portfolio Lp), Equity Distribution Agreement (Essex Portfolio Lp), Equity Distribution Agreement (Essex Portfolio Lp)

Earnings Statement. The Company will make generally available to its security holders securityholders as soon as practicable, but in any event not later than 15 16 months after the end of the Company’s current fiscal quarterdate hereof, an earnings statement covering a 12-month period that satisfies of at least 12 months beginning with the provisions first fiscal quarter of the Company occurring after the “Effective Date” (as defined in Rule 158 of the Securities Act) of the Registration Statement and otherwise satisfying Section 11(a) of the Securities Act and Rule 158 of the Securities Act.

Appears in 16 contracts

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

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) of and Rule 158 of under the Securities Act.

Appears in 15 contracts

Samples: Sales Agreement (Reneo Pharmaceuticals, Inc.), Sales Agreement (Mirum Pharmaceuticals, Inc.), Sales Agreement (Eloxx Pharmaceuticals, Inc.)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) of and Rule 158 of under the Securities Act. The terms “earnings statement” and “make generally available to its security holders” shall have the meanings set forth in Rule 158 under the Securities Act.

Appears in 15 contracts

Samples: Common Stock Purchase Agreement (Spectaire Holdings Inc.), Common Stock Purchase Agreement (Professional Diversity Network, Inc.), Common Stock Purchase Agreement (Arcimoto Inc)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s 's current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.

Appears in 13 contracts

Samples: Sales Agreement (GREENPOWER MOTOR Co INC.), Sales Agreement (ALKALINE WATER Co INC), Microvision, Inc.

Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable, but in any event not later than 15 months 60 days after the end close of the period covered thereby, an earnings statement (in form complying with the provisions under Rule 158 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 covering a 12-month period that satisfies quarter next following the provisions of Section 11(a“effective date” (as defined in said Rule 158) and Rule 158 of the Securities ActRegistration Statement.

Appears in 12 contracts

Samples: Raymond James Financial Inc, Raymond James Financial Inc, Underwriting Agreement (Raymond James Financial Inc)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act. The Company’s compliance with the periodic reporting requirements of the Exchange Act shall be deemed to satisfy the requirements of this Section 7(f).

Appears in 11 contracts

Samples: Sales Agreement (Brightcove Inc), Sales Agreement (Vicarious Surgical Inc.), Sales Agreement (Albireo Pharma, Inc.)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act. The Agent and the Company acknowledge and agree that the Company’s ordinary, timely-filed periodic filings with the Commission pursuant to the Exchange Act may be used to satisfy this obligation to the extent consistent with the requirements set forth herein.

Appears in 11 contracts

Samples: Great Ajax Corp., Global Self (Global Self Storage, Inc.), Piedmont Lithium Inc.

Earnings Statement. The To the extent not otherwise available on XXXXX, the Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.

Appears in 11 contracts

Samples: Sales Agreement (Invivyd, Inc.), Sales Agreement (Gorilla Technology Group Inc.), Sales Agreement (Gorilla Technology Group Inc.)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of under the Securities Act, provided that the Company will be deemed to have furnished such statements to its security holders to the extent they are filed with the Commission on XXXXX.

Appears in 11 contracts

Samples: NEUROONE MEDICAL TECHNOLOGIES Corp, HCW Biologics Inc., Aspen Group, Inc.

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Securities Actthereunder.

Appears in 11 contracts

Samples: Sales Agreement (BGC Partners, Inc.), Sales Agreement (BGC Partners, Inc.), BGC Partners, Inc.

Earnings Statement. The Company will make generally available to its security holders and to the Agent as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) of and Rule 158 of under the Securities Act., which requirement shall be satisfied by the timely filing with the Commission of the Company’s Annual Report on Form 10-K.

Appears in 8 contracts

Samples: Sales Agreement (Vincerx Pharma, Inc.), Sales Agreement (Schrodinger, Inc.), Sales Agreement (Schrodinger, Inc.)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a1(a) and Rule 158 of the Securities Act.

Appears in 8 contracts

Samples: Sales Agreement (Resource Capital Corp.), Sales Agreement (Resource Capital Corp.), Resource Capital Corp.

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months 45 days after the end of the Company’s current interim fiscal quarter, and not later than 90 days after the end of the Company’s fiscal year, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.

Appears in 8 contracts

Samples: Sales Agreement (American Homes 4 Rent), American Homes 4 Rent, Bluerock Residential Growth REIT, Inc.

Earnings Statement. The Company will make generally available to its security holders as soon as reasonably practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Securities ActRules and Regulations.

Appears in 8 contracts

Samples: Equity Distribution Agreement (Palatin Technologies Inc), Equity Distribution Agreement (T2 Biosystems, Inc.), Equity Distribution Agreement (T2 Biosystems, Inc.)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, and to each Agent an earnings statement (which need not be audited) covering a 12-month period that satisfies of at least twelve months which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of under the Securities Act.

Appears in 7 contracts

Samples: Open Market Sale Agreement (Ardmore Shipping Corp), Open Market Sale Agreement (Ardmore Shipping Corp), Open Market Sale Agreement (Ardmore Shipping Corp)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in 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 that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.

Appears in 7 contracts

Samples: Sales Agreement (NanoString Technologies Inc), Sales Agreement (Fluidigm Corp), Alpine Immune Sciences, Inc.

Earnings Statement. The Company will make generally available to its security holders as soon as reasonably practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Securities Actthereunder.

Appears in 7 contracts

Samples: Market Offering Agreement (Oramed Pharmaceuticals Inc.), Equity Distribution Agreement (Oramed Pharmaceuticals Inc.), Equity Distribution Agreement (Oramed Pharmaceuticals Inc.)

Earnings Statement. The Company will make generally available to its security holders (within the meaning of Section 11(a) of the Securities Act) and deliver to you as soon as practicable, practicable (but in any event not later than 15 fifteen (15) months after the end of the Company’s current fiscal quarterEffective Date), an earnings statement covering a 12-month period that satisfies shall satisfy the provisions requirements of Section 11(a) and Rule 158 of under the Securities Act, covering a period of at least twelve (12) consecutive months after the Effective Date.

Appears in 7 contracts

Samples: Muse Technologies Inc, Muse Technologies Inc, Activeworlds Com Inc

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 fifteen (15) months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month twelve (12)-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.

Appears in 6 contracts

Samples: Sales Agreement (Revance Therapeutics, Inc.), Common Stock (23andMe Holding Co.), Sales Agreement (Terawulf Inc.)

Earnings Statement. The Company will make generally available to its security holders as soon as reasonably practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.

Appears in 6 contracts

Samples: Sales Agreement (Voyager Therapeutics, Inc.), Sales Agreement (IVERIC Bio, Inc.), Sales Agreement (Investors Real Estate Trust)

Earnings Statement. The As soon as practicable, but not later than 16 months, after the date of this Agreement, the Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, securityholders an earnings statement covering a 12-month period that satisfies of at least 12 months beginning after the date of this Agreement and satisfying the provisions of Section 11(a) of the Act and Rule 158 of the Securities Act158.

Appears in 6 contracts

Samples: Equity Distribution Agreement (Anacor Pharmaceuticals Inc), Equity Distribution Agreement (Zalicus Inc.), Equity Distribution Agreement (Zalicus Inc.)

Earnings Statement. The As soon as practicable, the Company will make generally available to holders of its security holders as soon as practicable, but in any event not later than 15 months after securities and deliver to the end of the Company’s current fiscal quarterPlacement Agent, an earnings statement of the Company (which need not be audited) covering a 12-month period of at least 12 months beginning after the date of this Agreement that satisfies will satisfy the provisions of Section 11(a) and Rule 158 of the Securities ActAct and the Rules and Regulations (including, at the option of the Company, Rule 158).

Appears in 6 contracts

Samples: Placement Agency Agreement (MDRNA, Inc.), Placement Agency Agreement (Far East Energy Corp), Placement Agency Agreement (Magnum Hunter Resources Corp)

Earnings Statement. The To the extent not available on the Commission’s XXXXX filing system, the Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.

Appears in 6 contracts

Samples: Sales Agreement (Savara Inc), Sales Agreement (CareDx, Inc.), Sales Agreement (CareDx, Inc.)

Earnings Statement. The Company will make generally available to its security holders shareholders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarteryear-end, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.

Appears in 5 contracts

Samples: Sales Agreement (Actinium Pharmaceuticals, Inc.), Original Sales Agreement (Actinium Pharmaceuticals, Inc.), Sales Agreement (Actinium Pharmaceuticals, Inc.)

Earnings Statement. The Company will make generally available to its security holders and to the Selling Agents as soon as practicable, but in any event not later than 15 months 60 days after the end close of the Company’s current fiscal quarterperiod covered thereby, an earnings statement covering a 12-month period that satisfies (in form complying with the provisions of Section 11(a) of the Securities Act and Rule 158 of under the Securities Act) 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.

Appears in 5 contracts

Samples: Distribution Agreement (Bank of America Corp /De/), Distribution Agreement (Bank of America Corp /De/), Distribution Agreement (Bank of America Corp /De/)

Earnings Statement. The Company will make generally available to its security holders securityholders as soon as practicable, but in any event not later than 15 16 months after the end of the Company’s current fiscal quarterdate hereof, an earnings statement covering a 12-month period that satisfies of at least 12 months beginning with the provisions first fiscal quarter of the Company occurring after the “Effective Date” (as defined in Rule 158 of the Securities Act) of the Registration Statement, and otherwise satisfying Section 11(a) of the Securities Act and Rule 158 of the Securities Act.

Appears in 5 contracts

Samples: Underwriting Agreement (Fedex Corp), Underwriting Agreement (Federal Express Corp), Underwriting Agreement (Fedex Corp)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act. The Company shall be deemed to satisfy this Section 7(f) through public filings made by the Company using the XXXXX system.

Appears in 5 contracts

Samples: Sales Agreement (Agenus Inc), Intrusion Inc, Agenus Inc

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act. “Earnings statement” and make “generally available to its security holders” will have the meanings contained in Rule 158 under the Securities Act.

Appears in 5 contracts

Samples: Sales Agreement (Mid America Apartment Communities Inc), Sales Agreement (Mid America Apartment Communities Inc), Sales Agreement (Mid America Apartment Communities Inc)

Earnings Statement. The Company will make generally available to its security holders and to the Agent as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) of and Rule 158 of under the Securities Act., which requirement shall be satisfied by the timely filing with the Commission of the Company’s annual report on Form 10-K.

Appears in 5 contracts

Samples: Sales Agreement (NeuroPace Inc), Sales Agreement (Tenaya Therapeutics, Inc.), Sales Agreement (Tenaya Therapeutics, Inc.)

Earnings Statement. The Company will make generally available to its security holders and to the Agent as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) of and Rule 158 of under the Securities Act; provided that the Company will be deemed to have furnished such statement to its security holders and the Agent to the extent such statement has been filed on XXXXX.

Appears in 4 contracts

Samples: Sales Agreement (Compugen LTD), Sales Agreement (Molecular Partners Ag), Sales Agreement (Innate Pharma SA)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 fifteen (15) months after the end of the Company’s current fiscal quarter, an earnings statement of the Company and its subsidiaries (which need not be audited) covering a 12-month period that satisfies the provisions of complies with Section 11(a) and Rule 158 of the Securities Act. The terms “earnings statement” and “make generally available to its security holders” shall have the meanings set forth in Rule 158 under the Securities Act.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Icosavax, Inc.), Equity Distribution Agreement (Kazia Therapeutics LTD), Equity Distribution Agreement (Frequency Therapeutics, Inc.)

Earnings Statement. The Company Corporation will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the CompanyCorporation’s current fiscal quarter, an earnings statement covering a 12-12 month period that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Securities ActRules and Regulations.

Appears in 4 contracts

Samples: Distribution Agreement (Fortis Inc.), Equity Distribution Agreement (Fortis Inc.), Equity Distribution Agreement (Transcanada Corp)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act. For the avoidance of doubt, the Company’s timely compliance with the reporting requirements of the Exchange Act shall be deemed to satisfy this Section 7(f).

Appears in 4 contracts

Samples: Sales Agreement (Lyell Immunopharma, Inc.), Sales Agreement (Rhythm Pharmaceuticals, Inc.), Sales Agreement (Theravance Biopharma, Inc.)

Earnings Statement. The To the extent not otherwise available on EXXXX, the Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.

Appears in 4 contracts

Samples: Sales Agreement (Assembly Biosciences, Inc.), Equity Distribution Agreement (Orchids Paper Products CO /DE), EyePoint Pharmaceuticals, Inc.

Earnings Statement. The Company Corporation will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the CompanyCorporation’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of under the Securities Act.

Appears in 4 contracts

Samples: Equity Distribution Agreement (Lion Electric Co), Equity Distribution Agreement (HEXO Corp.), Equity Distribution Agreement (HEXO Corp.)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s 's current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Securities ActRules and Regulations.

Appears in 3 contracts

Samples: Controlled Equity Offeringsm (Paragon Shipping Inc.), Sales Agreement (DryShips Inc.), Sales Agreement (Top Tankers Inc.)

Earnings Statement. The Company will make generally available to its security holders and the Agent as soon as practicable, but in 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 that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.

Appears in 3 contracts

Samples: Cti Biopharma Corp, Cti Biopharma Corp, Cti Biopharma Corp

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act. For the avoidance of doubt, the Company’s compliance with the reporting requirements of the Exchange Act shall be deemed to satisfy the requirements of this Section 4(f).

Appears in 3 contracts

Samples: Sales Agreement (Affimed N.V.), Affimed N.V., Affimed N.V.

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in 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 that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act; provided, that the Company’s filing of its Annual Report on Form 10-K and Quarterly Reports on Form 10-Q on the SEC’s XXXXX filing system will meet the requirements of this Section 7(f).

Appears in 3 contracts

Samples: Sales Agreement (Otonomy, Inc.), Sales Agreement (Otonomy, Inc.), Common Stock (Otonomy, Inc.)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s 's current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) of and Rule 158 of under the Securities Act. The terms "earnings statement" and "make generally available to its security holders" shall have the meanings set forth in Rule 158 under the Securities Act.

Appears in 3 contracts

Samples: Common Stock Purchase Agreement (DryShips Inc.), Common Stock Purchase Agreement (DryShips Inc.), Common Stock Purchase Agreement (DryShips Inc.)

Earnings Statement. The To the extent not available on XXXXX, the Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.

Appears in 3 contracts

Samples: GTY Technology Holdings Inc., Sales Agreement (Hansen Medical Inc), Invuity, Inc.

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period prepared in accordance with the requirements of the Corporations Act and the ASX Listing Rules and that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.

Appears in 3 contracts

Samples: Alterity Therapeutics LTD, Prana Biotechnology LTD, Prana Biotechnology LTD

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 18 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.

Appears in 3 contracts

Samples: Market Issuance Sales Agreement (Xoma LTD /De/), Sales Agreement (Xoma LTD /De/), Xoma LTD /De/

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Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of under the Securities Act.

Appears in 3 contracts

Samples: Cassava Sciences Inc, Sales Agreement (Spark Energy, Inc.), Yuma Energy, Inc.

Earnings Statement. The To the extent not available on the Commission’s XXXXX system, the Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.

Appears in 3 contracts

Samples: Seabridge Gold Inc, Seabridge Gold Inc, Seabridge Gold Inc

Earnings Statement. The Company will make generally available to its security holders and to the Agent as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) of and Rule 158 of under the Securities Act; provided that the Company will be deemed to have furnished such statement to its security holders and the Agent to the extent such statement has been filed on XXXXX or any successor system.

Appears in 3 contracts

Samples: Sales Agreement (Zentalis Pharmaceuticals, Inc.), Sales Agreement (Metacrine, Inc.), Sales Agreement (Zentalis Pharmaceuticals, Inc.)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, practicable an earnings statement covering a 12-month period of at least 12 months beginning with the first fiscal quarter of the Company occurring after the date of this Agreement that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.

Appears in 3 contracts

Samples: Common Stock (Icad Inc), Common Stock (CPS Technologies Corp/De/), CPS Technologies Corp/De/

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, via filing on XXXXX, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.

Appears in 3 contracts

Samples: Sales Agreement (G1 Therapeutics, Inc.), Sales Agreement (G1 Therapeutics, Inc.), Sales Agreement (G1 Therapeutics, Inc.)

Earnings Statement. The To the extent not available on EXXXX, the Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.

Appears in 3 contracts

Samples: Celsion CORP, Celsion CORP, GTY Technology Holdings Inc.

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any 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 that satisfies shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Securities ActRules and Regulations.

Appears in 3 contracts

Samples: Agency Agreement (Aradigm Corp), Agency Agreement (Aradigm Corp), Common Stock (Microvision Inc)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any 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 12-12 month period that satisfies shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Securities ActRules and Regulations.

Appears in 3 contracts

Samples: Placement Agency Agreement (Compugen LTD), Placement Agency Agreement (Rockwell Medical Technologies Inc), Underwriting Agreement (Ziopharm Oncology Inc)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act. The Company shall be deemed to satisfy this Section 7(f) through public filings made by the Company using the EXXXX system.

Appears in 3 contracts

Samples: Common Stock (Protagenic Therapeutics, Inc.\new), Wireless Telecom Group Inc, Widepoint Corp

Earnings Statement. The Company will make generally available to its security holders and to the Representative as soon as practicable, but in any event not later than 15 months 60 days after the end close of the Company’s current fiscal quarterperiod covered thereby, an earnings statement covering a 12-month period (which need not be audited) that satisfies the provisions of of, and that provides the benefits contemplated by, Section 11(a) of the Securities Act and Rule 158 of under the Securities Act.

Appears in 3 contracts

Samples: Underwriting Agreement (BPZ Resources, Inc.), Hallmark Financial Services Inc, Underwriting Agreement (Helix Energy Solutions Group Inc)

Earnings Statement. The Company will make generally available to its security holders and to the Agent (which may be via filing on XXXXX) as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) of and Rule 158 of under the Securities Act.

Appears in 3 contracts

Samples: Sales Agreement (Immunovant, Inc.), Sales Agreement (Allovir, Inc.), Sales Agreement (Immunovant, Inc.)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarteryear, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.

Appears in 3 contracts

Samples: Sales Agreement (Standard Lithium Ltd.), Sales Agreement (Aurora Cannabis Inc), Sales Agreement (Aurora Cannabis Inc)

Earnings Statement. The Company will make generally available to its security holders as soon as reasonably practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act. "Earnings statement" and "make generally available" will have the meanings contained in Rule 158 under the Securities Act.

Appears in 3 contracts

Samples: Preferred Apartment (Preferred Apartment Communities Inc), Preferred Apartment Communities Inc, Preferred Apartment Communities Inc

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement of the Company and its Subsidiaries (which need not be audited) covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.

Appears in 3 contracts

Samples: Sales Agreement (Raptor Pharmaceutical Corp), Sales Agreement (Raptor Pharmaceutical Corp), Sales Agreement (Raptor Pharmaceutical Corp)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a12(a) and Rule 158 of the Securities Act, which requirement may be satisfied by publicly filing the required information on XXXXX.

Appears in 2 contracts

Samples: Sales Agreement (Allena Pharmaceuticals, Inc.), Sales Agreement (Allena Pharmaceuticals, Inc.)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities ActAct which requirement may be satisfied by publicly filing the required information on XXXXX.

Appears in 2 contracts

Samples: Sales Agreement (AVROBIO, Inc.), Common Stock (AVROBIO, Inc.)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 fifteen (15) months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.

Appears in 2 contracts

Samples: Sales Agreement (Galmed Pharmaceuticals Ltd.), Sales Agreement (Genocea Biosciences, Inc.)

Earnings Statement. The Company Corporation will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s Corporation's current fiscal quarter, an earnings statement covering a 12-12 month period that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Securities ActRules and Regulations.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Organigram Holdings Inc.), Equity Distribution Agreement (Organigram Holdings Inc.)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act; provided, however, that the Company will be deemed to have furnished such statement to its security holders to the extent they are filed on EXXXX or any successor system.

Appears in 2 contracts

Samples: Sales Agreement (Mersana Therapeutics, Inc.), Sales Agreement (Mersana Therapeutics, Inc.)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act. For the avoidance of doubt, the Company’s compliance with the reporting requirements of the Exchange Act shall be deemed to satisfy the requirements of this section 7(f).

Appears in 2 contracts

Samples: Common Stock (IO Biotech, Inc.), Sales Agreement (Roivant Sciences Ltd.)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of under the Securities Act, provided that the Company will be deemed to have furnished such statements to its security holders to the extent they are filed with the Commission on EXXXX.

Appears in 2 contracts

Samples: BioRestorative Therapies, Inc., Evaxion Biotech a/S

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act. The Company shall be deemed to have satisfied this Section 7(f) through public filings if made by the Company using the XXXXX system.

Appears in 2 contracts

Samples: Applied Digital Corp., Applied Digital Corp.

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) of, and Rule 158 of under, the Securities Act.

Appears in 2 contracts

Samples: Ocular Therapeutix, Inc, Ocular Therapeutix, Inc

Earnings Statement. The To the extent not available on the Commission’s EXXXX filing system, the Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.

Appears in 2 contracts

Samples: Sales Agreement (fuboTV Inc. /FL), Sales Agreement (fuboTV Inc. /FL)

Earnings Statement. The To the extent not otherwise available on EXXXX, the Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 fifteen (15) months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.

Appears in 2 contracts

Samples: Sales Agreement (Galmed Pharmaceuticals Ltd.), Galmed Pharmaceuticals Ltd.

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-12 month period that satisfies the provisions of Section 11(a) of the U.S. Securities Act and Rule 158 of under the U.S. Securities Act.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Denison Mines Corp.), Equity Distribution Agreement (Denison Mines Corp.)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement of the Company (which need not be audited) covering a 12-month period that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of under the Securities Act. The terms “earnings statement” and “make generally available to its security holders” shall have the meanings set forth in Rule 158 under the Securities Act.

Appears in 2 contracts

Samples: Sales Agreement (Brenmiller Energy Ltd.), Sales Agreement (NeuroSense Therapeutics Ltd.)

Earnings Statement. The To the extent not available in XXXXX, the Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.

Appears in 2 contracts

Samples: Original Agreement (Infinity Pharmaceuticals, Inc.), Infinity Pharmaceuticals, Inc.

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, practicable but in any event not later than 15 months after the end of the Company’s current fiscal quarterClosing Date, an a consolidated earnings statement covering a 12-month period that satisfies (which need not be audited), which earnings statement will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of under the Securities Act.

Appears in 2 contracts

Samples: Walt Disney Co, Walt Disney Co

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act. The terms “earnings statement” and “make generally available to its security holders” shall have the meanings set forth in Rule 158 under the Securities Act.

Appears in 2 contracts

Samples: Englobal Corp, Englobal Corp

Earnings Statement. The Company will make generally available to its security holders as soon as practicableon a timely basis, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.

Appears in 2 contracts

Samples: Common Stock (Emerald Oil, Inc.), Sales Agreement (Emerald Oil, Inc.)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Securities ActAct Regulations, which requirement may be satisfied by publicly filing the required information on XXXXX.

Appears in 2 contracts

Samples: Surface Oncology, Inc., Surface Oncology, Inc.

Earnings Statement. The Company will make generally available to its security holders as soon as reasonably practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of under the Securities Act.

Appears in 2 contracts

Samples: Underwriting Agreement (Investors Real Estate Trust), Investors Real Estate Trust (Investors Real Estate Trust)

Earnings Statement. The Company will make generally available to its security holders as soon as reasonably practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act; provided that the Company will be deemed to have furnished such statement to its security holders to the extent they are filed on XXXXX or any successor system.

Appears in 2 contracts

Samples: Sales Agreement (MedAvail Holdings, Inc.), Sales Agreement (Generation Bio Co.)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable, but in any event not later than 15 months 60 days after the end close of the Company’s current fiscal quarterperiod covered thereby, an earnings statement covering a 12-month period (which need not be audited) that satisfies the provisions of of, and that provides the benefits contemplated by, Section 11(a) of the Securities Act and Rule 158 of under the Securities Act.

Appears in 2 contracts

Samples: Helix Energy Solutions Group Inc, Helix Energy Solutions Group Inc

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of under the Securities Act.. 

Appears in 2 contracts

Samples: Sales Agreement (Cassava Sciences Inc), Pain Therapeutics Inc

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act. The Company shall be deemed to have satisfied this Section 7(f) through public filings made by the Company using the XXXXX system.

Appears in 2 contracts

Samples: Hyperfine, Inc., Loop Media, Inc.

Earnings Statement. The Company will make generally available to its security holders and to the Agent as soon as practicable, but in any event not later than 15 months days after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) of and Rule 158 of under the Securities Act.

Appears in 2 contracts

Samples: Sales Agreement (Provention Bio, Inc.), Sales Agreement (Provention Bio, Inc.)

Earnings Statement. The Company will make generally available to its security holders as soon as reasonably practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarteryear, an earnings statement covering a 12-month period that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 thereunder. For the avoidance of doubt, the Company’s compliance with the reporting requirements of the Securities ActExchange Act shall be deemed to satisfy the requirements of this Section 7(h).

Appears in 2 contracts

Samples: Equity Distribution Agreement (5E Advanced Materials, Inc.), Equity Distribution Agreement (Wallbox N.V.)

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