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 905 contracts

Sources: Atm Sales Agreement (Volato Group, Inc.), At Market Issuance Sales Agreement (Sachem Capital Corp.), Sales Agreement (Agriforce Growing Systems Ltd.)

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 280 contracts

Sources: Underwriting Agreement (Fennec Pharmaceuticals Inc.), Underwriting Agreement (RadNet, Inc.), Underwriting Agreement (Celldex 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 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 66 contracts

Sources: Sales Agreement (Inmune Bio, Inc.), Atm Sales Agreement (Lunai Bioworks Inc.), Sales Agreement (Boxlight Corp)

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 61 contracts

Sources: Sales Agreement (Pyxis Oncology, Inc.), Sales Agreement (Centessa Pharmaceuticals PLC), Sales Agreement (Trevi 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. “Earnings statement” and “make generally available” will have the meanings contained in Rule 158 under the Securities Act.

Appears in 53 contracts

Sources: 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 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 49 contracts

Sources: Sales Agreement (Office Properties Income Trust), Equity Distribution Agreement (RPT Realty), Sales Agreement (Global Medical REIT 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 reporting requirements of the Exchange Act shall be deemed to satisfy this Section 7(f).

Appears in 49 contracts

Sources: At the Market Issuance Sales Agreement (ENDRA Life Sciences Inc.), At the Market Issuance Sales Agreement (Auddia Inc.), At the Market Issuance Sales Agreement (bioAffinity 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 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 41 contracts

Sources: Sales Agreement (NUSCALE POWER Corp), Sales Agreement (NewAmsterdam Pharma Co N.V.), Sales Agreement (ChargePoint 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 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

Sources: 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, which requirement may be satisfied by publicly filing the required information on ▇▇▇▇▇.

Appears in 35 contracts

Sources: Sales Agreement (Olema Pharmaceuticals, Inc.), Sales Agreement (Atara Biotherapeutics, Inc.), Sales Agreement (Bicara 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 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 35 contracts

Sources: Sales Agreement (Presidio Property Trust, Inc.), Sales Agreement (NuCana PLC), Sales Agreement (Tonix Pharmaceuticals Holding Corp.)

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

Sources: 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. 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 26 contracts

Sources: Common Stock Sales Agreement (Avalo Therapeutics, Inc.), Sales Agreement (Intercept Pharmaceuticals, Inc.), Sales Agreement (Coherus BioSciences, 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 24 contracts

Sources: Equity Distribution Agreement (Oncolytics Biotech Inc), Equity Distribution Agreement (Reunion Neuroscience Inc.), Equity Distribution Agreement (Hut 8 Mining 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. “Earnings statement” and “make generally available” will have the meanings contained in Rule 158 under the Securities Act.

Appears in 22 contracts

Sources: 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 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 17 contracts

Sources: At Market Issuance Sales Agreement (Cherry Hill Mortgage Investment Corp), Sales Agreement (Reneo Pharmaceuticals, Inc.), Sales Agreement (Mirum 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 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 ▇▇▇▇▇.

Appears in 17 contracts

Sources: Sales Agreement (Erayak Power Solution Group Inc.), Sales Agreement (Siebert Financial Corp), Capital on Demand Sales Agreement (Volitionrx LTD)

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 17 contracts

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

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

Sources: 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 14 contracts

Sources: Sales Agreement (GREENPOWER MOTOR Co INC.), Sales Agreement (GREENPOWER MOTOR Co INC.), At the Market Issuance Sales Agreement (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 13 contracts

Sources: Underwriting Agreement (Raymond James Financial Inc), Underwriting Agreement (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 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 12 contracts

Sources: At the Market Offering Sales Agreement (Global Self Storage, Inc.), At the Market Issuance Sales Agreement (Great Ajax Corp.), At Market Issuance Sales Agreement (Piedmont Lithium 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 12 contracts

Sources: Sales Agreement (SEALSQ Corp), Sales Agreement (Brightcove Inc), Sales Agreement (Vicarious Surgical 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

Sources: Sales Contracts (BGC Partners, Inc.), Sales Agreement (BGC Partners, Inc.), Sales Agreement (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 11 contracts

Sources: Sales Agreement (Vincerx Pharma, Inc.), Sales Agreement (Eyenovia, Inc.), Sales Agreement (Benitec Biopharma Inc.)

Earnings Statement. The To the extent not otherwise available on ▇▇▇▇▇, 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

Sources: Sales Agreement (Celldex Therapeutics, Inc.), Sales Agreement (Invivyd, 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 quarteryear, 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 10 contracts

Sources: Sales Agreement (Oriental Culture Holding LTD), Sales Agreement (Mingteng International Corp Inc.), Sales Agreement (WORK Medical Technology Group 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 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 9 contracts

Sources: At the Market Issuance Sales Agreement (American Homes 4 Rent), At the Market Issuance Sales Agreement (American Homes 4 Rent), At Market Issuance Sales Agreement (Bluerock Residential Growth REIT, 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

Sources: At the Market Issuance Sales Agreement (Resource Capital Corp.), At the Market Issuance Sales Agreement (RAIT Financial Trust), At the Market Issuance Sales Agreement (Resource Capital Corp.)

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 ▇▇▇▇▇.

Appears in 8 contracts

Sources: Sales Agreement (Artiva Biotherapeutics, Inc.), Sales Agreement (Context Therapeutics Inc.), Sales Agreement (Tourmaline 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 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

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

Sources: Underwriting Agreement (Activeworlds Com Inc), Underwriting Agreement (Muse Technologies Inc), Underwriting Agreement (Activeworlds Com 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

Sources: At the Market Offering Agreement (Oramed Pharmaceuticals Inc.), Controlled Equity Offering Agreement (Oramed Pharmaceuticals Inc.), Equity Distribution Agreement (Oramed 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 Act. The Company shall be deemed to satisfy this Section 7(f) through public filings made by the Company using the ▇▇▇▇▇ system.

Appears in 7 contracts

Sources: At Market Issuance Sales Agreement (Li-Cycle Holdings Corp.), At Market Issuance Sales Agreement (MiNK Therapeutics, Inc.), At Market Issuance Sales Agreement (Intrusion 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.

Appears in 7 contracts

Sources: Sales Agreement (Alpine Immune Sciences, Inc.), Sales Agreement (NanoString Technologies Inc), Common Stock Sales Agreement (Fluidigm Corp)

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 7 contracts

Sources: Sales Agreement (Voyager Therapeutics, Inc.), Sales Agreement (Voyager Therapeutics, Inc.), Sales Agreement (IVERIC Bio, 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 6 contracts

Sources: Sales Agreement (Lexeo Therapeutics, Inc.), Sales Agreement (NeuroPace Inc), Sales Agreement (Tenaya Therapeutics, Inc.)

Earnings Statement. The To the extent not available on the Commission’s ▇▇▇▇▇ 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

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

Sources: Sales Agreement (Revance Therapeutics, Inc.), Sales Agreement (23andMe Holding Co.), Sales Agreement (Terawulf 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 6 contracts

Sources: Equity Distribution Agreement (Fortis Inc.), Equity Distribution Agreement (Cameco Corp), Equity Distribution Agreement (Fortis Inc.)

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

Sources: Equity Distribution Agreement (Anacor Pharmaceuticals Inc), Equity Distribution Agreement (Zalicus Inc.), Equity Distribution Agreement (Zalicus 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 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 5 contracts

Sources: Equity Distribution Agreement (Annovis Bio, Inc.), Equity Distribution Agreement (Icosavax, Inc.), Equity Distribution Agreement (Kazia Therapeutics 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) 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 5 contracts

Sources: Sales Agreement (Lyell Immunopharma, Inc.), Sales Agreement (Biodesix Inc), Sales Agreement (Rhythm 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

Sources: Distribution Agreement (Bank of America Corp /De/), Written Terms Agreement (Bank of America Corp /De/), Written Terms Agreement (Bank of America Corp /De/)

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

Sources: At Market Issuance Sales Agreement (Actinium Pharmaceuticals, Inc.), At the Market Issuance Sales Agreement (Actinium Pharmaceuticals, Inc.), At Market Issuance Sales Agreement (Actinium 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 Act. The Company shall be deemed to have satisfied this Section 7(f) through public filings if made by the Company using the ▇▇▇▇▇ system.

Appears in 5 contracts

Sources: Sales Agreement (Mawson Infrastructure Group Inc.), At Market Issuance Sales Agreement (Applied Digital Corp.), At Market Issuance Sales Agreement (Reviva Pharmaceuticals Holdings, Inc.)

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

Sources: Underwriting Agreement (Fedex Corp), Underwriting Agreement (Federal Express Europe Inc), Underwriting Agreement (Federal Express 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. “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

Sources: 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 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 5 contracts

Sources: Sales Agreement (Wearable Devices Ltd.), Sales Agreement (Digi Power X Inc.), Sales Agreement (Rail Vision Ltd.)

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

Sources: 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 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 E▇▇▇▇.

Appears in 4 contracts

Sources: Capital on Demand Sales Agreement (Armata Pharmaceuticals, Inc.), Equity Distribution Agreement (Inspirato Inc), Capital on Demand Sales Agreement (BioRestorative Therapies, 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. The Company’s compliance with the reporting requirements of the Exchange Act shall be deemed to satisfy this Section 7(f).

Appears in 4 contracts

Sources: Capital on Demand Sales Agreement (RenovoRx, Inc.), Capital on Demand Sales Agreement (Serina Therapeutics, Inc.), Capital on Demand Sales Agreement (Know Labs, 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 4 contracts

Sources: Sales Agreement (Standard Lithium Ltd.), Sales Agreement (Standard Lithium Ltd.), Sales Agreement (Aurora Cannabis 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 so long as the Company is subject to the reporting requirements of either Section 13 or Section 15(d) of the Exchange Act and is timely filing reports with the Commission on ▇▇▇▇▇, it shall be deemed to be in compliance with the foregoing requirement.

Appears in 4 contracts

Sources: Sales Agreement (Synergy CHC Corp.), At the Market Issuance Sales Agreement (Airgain Inc), Sales Agreement (Pedevco Corp)

Earnings Statement. The To the extent not otherwise available on EDGAR, 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

Sources: Sales Agreement (Ginkgo Bioworks Holdings, Inc.), Sales Agreement (Serve Robotics Inc. /DE/), Sales Agreement (Mannkind 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; provided that the Company will be deemed to have furnished such statement to its security holders to the extent it is available on ▇▇▇▇▇.

Appears in 4 contracts

Sources: Sales Agreement (Tectonic Therapeutic, Inc.), At Market Issuance Sales Agreement (Atlanticus Holdings Corp), At Market Issuance Sales Agreement (Atlanticus Holdings Corp)

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 ▇▇▇▇▇ or any successor system.

Appears in 4 contracts

Sources: Sales Agreement (Zentalis Pharmaceuticals, Inc.), Sales Agreement (Zentalis Pharmaceuticals, Inc.), Sales Agreement (Metacrine, 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 the Securities Act and Rule 158 of the Securities Act.Rules and Regulations. 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 8(h)

Appears in 4 contracts

Sources: Equity Distribution Agreement (HIVE Digital Technologies Ltd.), Equity Distribution Agreement (HIVE Digital Technologies Ltd.), Equity Distribution Agreement (HIVE Digital Technologies Ltd.)

Earnings Statement. The To the extent not otherwise available on E▇▇▇▇, 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

Sources: Sales Agreement (EyePoint Pharmaceuticals, Inc.), Sales Agreement (Assembly Biosciences, Inc.), Sales Agreement (Assembly Biosciences, 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 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) and Rule 158 of the Securities Act1933 Act Regulations) covering the twelve month period beginning not later than the first day of the Company's fiscal quarter next following the "effective date" (as defined in said Rule 158) of the Registration Statement.

Appears in 4 contracts

Sources: Purchase Agreement (Health Care Property Investors Inc), Purchase Agreement (Health Care Property Investors Inc), Purchase Agreement (Health Care Property Investors Inc)

Earnings Statement. The To the extent not available on the Commission’s ▇▇▇▇▇ 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 4 contracts

Sources: Sales Agreement (Seabridge Gold Inc), Sales Agreement (Seabridge Gold Inc), Sales Agreement (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, however, that the requirements of this Section 7(f) shall be deemed satisfied to the extent such statement is available on ▇▇▇▇▇.

Appears in 3 contracts

Sources: Sales Agreement (XOMA Royalty Corp), Sales Agreement (Neurogene Inc.), Sales Agreement (Alto Neuroscience, 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; 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 ▇▇▇▇▇ filing system will meet the requirements of this Section 7(f).

Appears in 3 contracts

Sources: Sales Agreement (Otonomy, Inc.), Sales Agreement (Otonomy, Inc.), Sales Agreement (Otonomy, 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 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

Sources: Underwriting Agreement (Hallmark Financial Services Inc), Underwriting Agreement (BPZ Resources, Inc.), Underwriting Agreement (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) and Rule 158 of the Securities Act, which requirement may be satisfied by publicly filing the required information on E▇▇▇▇.

Appears in 3 contracts

Sources: Sales Agreement (Asure Software Inc), At Market Issuance Sales Agreement (PDS Biotechnology Corp), Sales Agreement (Aptinyx 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 3 contracts

Sources: Capital on Demand Sales Agreement (Cassava Sciences Inc), At the Market Issuance Sales Agreement (Spark Energy, Inc.), At Market Issuance Sales Agreement (Yuma Energy, Inc.)

Earnings Statement. The Company will make generally available to its security holders as soon as practicable, via filing on ▇▇▇▇▇, 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

Sources: Sales Agreement (G1 Therapeutics, Inc.), Sales Agreement (G1 Therapeutics, Inc.), Sales Agreement (G1 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 4(f).

Appears in 3 contracts

Sources: Open Market Sale Agreement (Affimed N.V.), Open Market Sale Agreement (Affimed N.V.), Open Market Sale Agreement (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 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 ▇▇▇▇▇ system.

Appears in 3 contracts

Sources: At Market Issuance Sales Agreement (iBio, Inc.), At Market Issuance Sales Agreement (Hyperfine, Inc.), At Market Issuance Sales Agreement (Loop Media, 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 shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Securities ActRules and Regulations, provided that the Company will be deemed to have satisfied this obligation to the extent it files such documents on the ▇▇▇▇▇ system of the Commission.

Appears in 3 contracts

Sources: Placement Agency Agreement (Altimmune, Inc.), Placement Agency Agreement (Altimmune, Inc.), Placement Agency Agreement (Altimmune, 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

Sources: Sales Agreement (Alterity Therapeutics LTD), At Market Issuance Sales Agreement (Prana Biotechnology LTD), At the Market Issuance Sales Agreement (Prana Biotechnology LTD)

Earnings Statement. The Company will make generally available to its security holders and to the Agent (which may be via filing on ▇▇▇▇▇) 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

Sources: 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 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

Sources: At the Market Issuance Sales Agreement (Icad Inc), At the Market Issuance Sales Agreement (CPS Technologies Corp/De/), At the Market Issuance Sales Agreement (CPS Technologies Corp/De/)

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 ▇▇▇▇▇ or any successor system.

Appears in 3 contracts

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

Sources: 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 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

Sources: Placement Agency Agreement (Aradigm Corp), Placement Agency Agreement (Aradigm Corp), Placement Agency Agreement (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 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

Sources: Sales Agreement (Paragon Shipping Inc.), Sales Agreement (Top Tankers Inc.), Sales Agreement (DryShips Inc.)

Earnings Statement. The To the extent not available on E▇▇▇▇, 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

Sources: At the Market Offering Agreement (Celsion CORP), Capital on Demand Sales Agreement (Celsion CORP), At Market Issuance Sales Agreement (GTY Technology Holdings 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. 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 3 contracts

Sources: Sales Agreement (Quantum-Si Inc), Sales Agreement (Sagimet Biosciences Inc.), Sales Agreement (CervoMed 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 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

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

Earnings Statement. The Company will make generally available to its security holders and the Representative as soon as practicable, but in any no event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period (which need not be audited) that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Securities ActCommission promulgated thereunder covering a period of at least 12 months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 3 contracts

Sources: Underwriting Agreement (Materialise Nv), Underwriting Agreement (Materialise Nv), Underwriting Agreement (Innocoll AG)

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 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 3 contracts

Sources: Sales Agreement (Flora Growth Corp.), Sales Agreement (Sphere 3D Corp.), Equity Distribution Agreement (EuroDry 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 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 3 contracts

Sources: Sales Agreement (Healthcare Triangle, Inc.), Sales Agreement (Trio Petroleum Corp.), Sales Agreement (ZyVersa 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 satisfy this Section 7(f) through public filings made by the Company using the E▇▇▇▇ system.

Appears in 3 contracts

Sources: At Market Issuance Sales Agreement (Wireless Telecom Group Inc), At Market Issuance Sales Agreement (Protagenic Therapeutics, Inc.\new), At Market Issuance Sales Agreement (Widepoint Corp)

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

Sources: Capital on Demand Sales Agreement (Preferred Apartment Communities Inc), Capital on Demand Sales Agreement (Preferred Apartment Communities Inc), Capital on Demand Sales Agreement (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 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

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

Earnings Statement. The To the extent not available on ▇▇▇▇▇, 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

Sources: At Market Issuance Sales Agreement (GTY Technology Holdings Inc.), Sales Agreement (Invuity, Inc.), Sales Agreement (Hansen Medical 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 fifteen (15) months after the end of the Company’s Corporation's current fiscal quarter, an earnings statement covering a twelve (12-) month period that satisfies the provisions of Section section 11(a) of the U.S. Securities Act and Rule 158 of the Securities ActRules and Regulations.

Appears in 3 contracts

Sources: Equity Distribution Agreement (Westport Fuel Systems Inc.), Equity Distribution Agreement (Westport Fuel Systems Inc.), Equity Distribution Agreement

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

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

Sources: Underwriting Agreement (Helix Energy Solutions Group Inc), Underwriting Agreement (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) and Rule 158 of the Securities Act; provided that the Company will be deemed to have furnished such statement to its security holders and the Agents to the extent such statement has been filed on ▇▇▇▇▇.

Appears in 2 contracts

Sources: Sales Agreement (Cipher Mining Inc.), Sales Agreement (Cipher Mining 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 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

Sources: Equity Distribution Agreement (Clene Inc.), Equity Distribution Agreement (Clene 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 ▇▇▇▇▇.

Appears in 2 contracts

Sources: Sales Agreement (AVROBIO, Inc.), Sales Agreement (AVROBIO, 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

Sources: Underwriting Agreement (Walt Disney Co), Underwriting Agreement (Walt Disney Co)

Earnings Statement. The To the extent not available on ▇▇▇▇▇, the Company will make generally available to its security holders 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 of at least twelve months that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.

Appears in 2 contracts

Sources: Sales Agreement (Spectrum Pharmaceuticals Inc), Sales Agreement (Spectrum 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 the Securities Act and Rule 158 of under the Securities Act.. 

Appears in 2 contracts

Sources: Sales Agreement (Cassava Sciences Inc), Capital on Demand Sales Agreement (Pain 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 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

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

Earnings Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable, but in any no event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period (which need not be audited) that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Securities ActCommission promulgated thereunder covering a period of at least 12 months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 2 contracts

Sources: Underwriting Agreement (Materialise Nv), Underwriting Agreement (Innocoll GmbH)

Earnings Statement. The Company will make generally available to its security holders and to the Agents 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 that the Company will be deemed to have furnished such statement to its security holders and the Agents to the extent such statement has been filed on E▇▇▇▇.

Appears in 2 contracts

Sources: Sales Agreement (ZOOZ Power Ltd.), Sales Agreement (Arcturus Therapeutics Holdings Inc.)

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 Securities Act and Rule 158 of the Securities Actthereunder.

Appears in 2 contracts

Sources: Underwriting Agreement (TreeHouse Foods, Inc.), Purchase Agreement (TreeHouse Foods, Inc.)