Common use of Earnings Statement Clause in Contracts

Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 299 contracts

Sources: Underwriting Agreement (Sol-Gel Technologies Ltd.), Underwriting Agreement (Bright Minds Biosciences Inc.), Underwriting Agreement (Fennec Pharmaceuticals Inc.)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Agent an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules and regulations of the Commission thereunderSecurities Act.

Appears in 233 contracts

Sources: Open Market Sale Agreement (Corvus Pharmaceuticals, Inc.), Open Market Sale Agreement (AtaiBeckley Inc.), Open Market Sale Agreement (AtaiBeckley Inc.)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives Representative as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 141 contracts

Sources: Underwriting Agreement (Silver Bow Mining Corp.), Underwriting Agreement (Elmet Group Co.), Underwriting Agreement (Silver Bow Mining Corp.)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives Representative as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 101 contracts

Sources: 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 and to the Representatives as soon as practicable an earnings statement (which need not be auditedthat satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will satisfy the provisions of Section 11(a“effective date” (as defined in Rule 158) of the Securities Act and the rules and regulations of the Commission thereunderRegistration Statement.

Appears in 90 contracts

Sources: Underwriting Agreement (Ares Management Corp), Underwriting Agreement (Ares Management Corp), Underwriting Agreement (Flex Ltd.)

Earnings Statement. The As soon as reasonably practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Agent an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules and regulations of the Commission thereunderSecurities Act.

Appears in 36 contracts

Sources: Sales Agreement (MindWalk Holdings Corp.), Open Market Sale Agreement (Palladyne AI Corp.), Equity Distribution Agreement (Lithium Americas Corp.)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will satisfy “effective date” (as defined in Rule 158 under the provisions of Section 11(aSecurities Act) of the Securities Act and the rules and regulations of the Commission thereunderRegistration Statement.

Appears in 26 contracts

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

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Representative an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will satisfy “effective date” (as defined in Rule 158 under the provisions of Section 11(aSecurities Act) of the Securities Act and the rules and regulations of the Commission thereunderRegistration Statement.

Appears in 26 contracts

Sources: Underwriting Agreement (Penske Automotive Group, Inc.), Underwriting Agreement (Penske Automotive Group, Inc.), Underwriting Agreement (Celanese Corp)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 25 contracts

Sources: Underwriting Agreement (Authentic Equity Acquisition Corp.), Underwriting Agreement (Live Oak Acquisition Corp II), Underwriting Agreement (Live Oak Acquisition Corp II)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Agent an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules and regulations of Securities Act, which requirement may be satisfied by publicly filing the Commission thereunderrequired information on ▇▇▇▇▇.

Appears in 25 contracts

Sources: Open Market Sale Agreement (Alvotech), Open Market Sale Agreement (Erasca, Inc.), Open Market Sale Agreement (Inhibikase Therapeutics, Inc.)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Agent an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules Securities Act; provided that the Company will be deemed to have furnished such statement to its security holders and regulations of the Commission thereunderAgent to the extent they are filed on ▇▇▇▇▇ or any successor system.

Appears in 23 contracts

Sources: Open Market Sale Agreement (Virgin Galactic Holdings, Inc), Open Market Sale Agreement (Travere Therapeutics, Inc.), Open Market Sale Agreement (Equillium, Inc.)

Earnings Statement. The As soon as practicable, but in any event no later than twelve months after the date of this Agreement, the Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 19 contracts

Sources: Underwriting Agreement (RCS Capital Corp), Underwriting Agreement (Celldex Therapeutics, Inc.), Underwriting Agreement (Celldex Therapeutics, Inc.)

Earnings Statement. The Company will make generally available to its security holders shareholders and to the Representatives Representative as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 19 contracts

Sources: Underwriting Agreement (Irenic Acquisition Corp.), Underwriting Agreement (Irenic Acquisition Corp.), Underwriting Agreement (Perceptive Capital Solutions Corp)

Earnings Statement. The As soon as practicable, but in any event no later than twelve months after the date of this Agreement, the Company will make generally available to its security holders and to the Representatives as soon as practicable Representative an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 19 contracts

Sources: Underwriting Agreement (Cachet Financial Solutions, Inc.), Underwriting Agreement (Cachet Financial Solutions, Inc.), Underwriting Agreement (Cachet Financial Solutions, Inc.)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives Underwriter as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 18 contracts

Sources: Underwriting Agreement (Hyperion Defi, Inc.), Underwriting Agreement (Collegium Pharmaceutical, Inc), Underwriting Agreement (Transenterix, Inc.)

Earnings Statement. The Company will make generally available (which may be satisfied by filing with E▇▇▇▇) to its security holders and to the Representatives Representative as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 16 contracts

Sources: Underwriting Agreement (Esperion Therapeutics, Inc.), Underwriting Agreement (Outlook Therapeutics, Inc.), Underwriting Agreement (AzurRx BioPharma, Inc.)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Agents an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules and regulations of the Commission thereunderSecurities Act.

Appears in 15 contracts

Sources: Sales Agreement (BlackSky Technology Inc.), Equity Distribution Agreement (BridgeBio Pharma, Inc.), Open Market Sale Agreement (Tilray Brands, Inc.)

Earnings Statement. The Company will make generally available (which may be satisfied by filing with ▇▇▇▇▇) to its security holders and to the Representatives Representative as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 15 contracts

Sources: Underwriting Agreement (iBio, Inc.), Underwriting Agreement (PharmaCyte Biotech, Inc.), Underwriting Agreement (Edesa Biotech, Inc.)

Earnings Statement. The As soon as reasonably practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Agents an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules and regulations of the Commission thereunderSecurities Act.

Appears in 15 contracts

Sources: Equity Distribution Agreement (Lithium Americas Corp.), Omnibus Sales Agreement (Strategy Inc), Omnibus Sales Agreement (Strategy Inc)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Agent an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules Securities Act; provided that the Company shall be deemed to have furnished such statements to its security holders and regulations of the Commission thereunderAgent to the extent they are filed on the Commission’s ▇▇▇▇▇ system or any successor to such system.

Appears in 11 contracts

Sources: Sales Agreement (Orchestra BioMed Holdings, Inc.), Open Market Sale Agreement (Praxis Precision Medicines, Inc.), Open Market Sale Agreement (Praxis Precision Medicines, Inc.)

Earnings Statement. The Company will make generally available to its security holders shareholders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 11 contracts

Sources: Underwriting Agreement (Oaktree Acquisition Corp. III Life Sciences), Underwriting Agreement (Oaktree Acquisition Corp. III Life Sciences), Underwriting Agreement (Oaktree Acquisition Corp. III Life Sciences)

Earnings Statement. The As soon as reasonably practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Underwriters an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will satisfy “effective date” (as defined in Rule 158 under the provisions of Section 11(aSecurities Act) of the Securities Act and the rules and regulations of the Commission thereunderRegistration Statement.

Appears in 9 contracts

Sources: Underwriting Agreement (Cit Group Inc), Underwriting Agreement (Cit Group Inc), Underwriting Agreement (Cit Group Inc)

Earnings Statement. The As soon as practicable, but in any event no later than 18 months after the date of this Agreement, the Company will make generally available to its security holders and to the Representatives as soon as practicable Co-Lead Underwriters an earnings statement (which need not be audited) covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission SEC thereunder.

Appears in 9 contracts

Sources: Underwriting Agreement (Denison Mines Corp.), Underwriting Agreement (GREAT PANTHER MINING LTD), Underwriting Agreement (Avino Silver & Gold Mines LTD)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable each Agent an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules and regulations of the Commission thereunderSecurities Act.

Appears in 8 contracts

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

Earnings Statement. The As soon as practicable, but in any event no later than twelve months after the date of this Agreement, the Company will make generally available to its security holders and to the Representatives as soon as practicable Underwriter an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 8 contracts

Sources: Underwriting Agreement (Igate Corp), Underwriting Agreement (Halozyme Therapeutics Inc), Underwriting Agreement (Satcon Technology Corp)

Earnings Statement. The Company will make generally available to its security holders securityholders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 8 contracts

Sources: Underwriting Agreement (Celcuity Inc.), Underwriting Agreement (Reneo Pharmaceuticals, Inc.), Underwriting Agreement (Reneo Pharmaceuticals, Inc.)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with after the first fiscal quarter effective date of the Company commencing after the date of this Agreement Registration Statement that will satisfy satisfies the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunderAct.

Appears in 8 contracts

Sources: Underwriting Agreement (TTM Technologies Inc), Underwriting Agreement (TTM Technologies Inc), Underwriting Agreement (Enfinity Corp)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives Underwriters as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 8 contracts

Sources: Underwriting Agreement (Auris Medical Holding Ltd.), Underwriting Agreement (Auris Medical Holding Ltd.), Underwriting Agreement (Auris Medical Holding Ltd.)

Earnings Statement. The As soon as practicable, but in any event no later than 18 months after the date of this Agreement, the Company will make generally available to its security holders and to the Representatives as soon as practicable Lead Underwriter an earnings statement (which need not be audited) covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission SEC thereunder.

Appears in 8 contracts

Sources: Underwriting Agreement (Western Copper & Gold Corp), Underwriting Agreement (Western Copper & Gold Corp), Underwriting Agreement (Draganfly Inc.)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will Agreement, which shall satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 8 contracts

Sources: Underwriting Agreement (Exact Sciences Corp), Underwriting Agreement (Exact Sciences Corp), Underwriting Agreement (Exact Sciences Corp)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Sales Agent an earnings statement (which need not be audited) covering a period of at least twelve (12) months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules and regulations of the Commission thereunderSecurities Act.

Appears in 8 contracts

Sources: Open Market Sale Agreement (Trinity Capital Inc.), Open Market Sale Agreement (Trinity Capital Inc.), Open Market Sale Agreement (Trinity Capital Inc.)

Earnings Statement. The Company will make generally available (which may be satisfied by filing with ▇▇▇▇▇) to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 7 contracts

Sources: Underwriting Agreement (Scilex Holding Co), Underwriting Agreement (Pacific Biosciences of California, Inc.), Underwriting Agreement (Pacific Biosciences of California, Inc.)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Representative an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 7 contracts

Sources: Underwriting Agreement (Biosante Pharmaceuticals Inc), Underwriting Agreement (Gulfport Energy Corp), Underwriting Agreement (Ceco Environmental Corp)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Sales Agent an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules and regulations of the Commission thereunderSecurities Act.

Appears in 7 contracts

Sources: Open Market Sale Agreement (Trinity Capital Inc.), Open Market Sale Agreement (Trinity Capital Inc.), Open Market Sale Agreement (Trinity Capital Inc.)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder, which requirement may be satisfied by publicly filing the required information on E▇▇▇▇.

Appears in 7 contracts

Sources: Underwriting Agreement (Ocular Therapeutix, Inc), Underwriting Agreement (Ocular Therapeutix, Inc), Underwriting Agreement (Ocular Therapeutix, Inc)

Earnings Statement. The Company will make generally available to its security holders stockholders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 7 contracts

Sources: Underwriting Agreement (Immune Design Corp.), Underwriting Agreement (Immune Design Corp.), Underwriting Agreement (Immune Design Corp.)

Earnings Statement. The Company will make generally available to its security holders securityholders and to the Representatives (which may be satisfied by filing with the Commission’s Electronic Data, Gathering, Analysis and Retrieval System (“▇▇▇▇▇”)) as soon as practicable practicable, an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will satisfy “effective date” (as defined in Rule 158 under the provisions of Section 11(aSecurities Act) of the Securities Act and the rules and regulations of the Commission thereunderRegistration Statement.

Appears in 6 contracts

Sources: Underwriting Agreement (Autonation, Inc.), Underwriting Agreement (Autonation, Inc.), Underwriting Agreement (Autonation, Inc.)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder; provided, however, that the requirements of this Section 3(k) shall be deemed satisfied to the extent such statement is available on ▇▇▇▇▇.

Appears in 6 contracts

Sources: Underwriting Agreement (Veradermics, Inc), Underwriting Agreement (Artiva Biotherapeutics, Inc.), Underwriting Agreement (SpyGlass Pharma, Inc.)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a the twelve-month period of at least twelve months beginning with the first fiscal quarter of the Company commencing after ending the date of this Agreement the end of the first quarter ending one year following the effective date that will satisfy satisfies the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunderAct.

Appears in 6 contracts

Sources: Underwriting Agreement (Chordiant Software Inc), Underwriting Agreement (Extricity Inc), Underwriting Agreement (Extricity Inc)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Agent an earnings statement (which need not be audited) covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules and regulations of the Commission thereunderSecurities Act.

Appears in 6 contracts

Sources: Open Market Sale Agreement (Milestone Pharmaceuticals Inc.), Open Market Sale Agreement (Milestone Pharmaceuticals Inc.), Open Market Sale Agreement (Sangamo Therapeutics, Inc)

Earnings Statement. The Company will make generally available (which may be satisfied by filing with E▇▇▇▇) to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 6 contracts

Sources: Underwriting Agreement (Pacific Biosciences of California, Inc.), Underwriting Agreement (VBI Vaccines Inc/Bc), Underwriting Agreement (VBI Vaccines Inc/Bc)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Underwriter an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 6 contracts

Sources: Underwriting Agreement (Gulfmark Offshore Inc), Underwriting Agreement (Gulf Island Fabrication Inc), Underwriting Agreement (Gulfport Energy Corp)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder; provided, however, that the requirements of this Section 3(k) shall be satisfied to the extent that such information is available on ▇▇▇▇▇.

Appears in 5 contracts

Sources: Underwriting Agreement (Jade Biosciences, Inc.), Underwriting Agreement (Apogee Therapeutics, Inc.), Underwriting Agreement (Dianthus Therapeutics, Inc. /DE/)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Agent an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules and regulations of Securities Act, which requirement may be satisfied by publicly filing the Commission thereunderrequired information on E▇▇▇▇.

Appears in 5 contracts

Sources: Open Market Sale Agreement (Valneva SE), Sales Agreement (Inventiva S.A.), Sales Agreement (Inventiva S.A.)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Agent an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules Securities Act; provided that the Company will be deemed to have furnished such statements to its security holders and regulations of the Commission thereunderAgent to the extent they are filed on ▇▇▇▇▇ or any successor system.

Appears in 5 contracts

Sources: Sales Agreement (Solid Biosciences Inc.), Sales Agreement (Cibus, Inc.), Sales Agreement (Solid Biosciences Inc.)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 5 contracts

Sources: Underwriting Agreement (Mercury Computer Systems Inc), Underwriting Agreement (Edgen Group Inc.), Underwriting Agreement (Power Medical Interventions, Inc.)

Earnings Statement. The Company will promptly make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 5 contracts

Sources: Underwriting Agreement (Heron Therapeutics, Inc. /De/), Underwriting Agreement (Heron Therapeutics, Inc. /De/), Underwriting Agreement (La Jolla Pharmaceutical Co)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Underwriter an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will satisfy “effective date” (as defined in Rule 158 under the provisions of Section 11(aSecurities Act) of the Securities Act and the rules and regulations of the Commission thereunderRegistration Statement.

Appears in 5 contracts

Sources: Underwriting Agreement (Aes Corp), Underwriting Agreement (Aes Corp), Underwriting Agreement (Graphic Packaging Holding Co)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives (which may be satisfied by filing with ▇▇▇▇▇) as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 5 contracts

Sources: Underwriting Agreement (Zevra Therapeutics, Inc.), Underwriting Agreement (Inhibikase Therapeutics, Inc.), Underwriting Agreement (C4 Therapeutics, Inc.)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives Representative as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunderthereunder (including Rule 158 under the Securities Act).

Appears in 5 contracts

Sources: Underwriting Agreement (Manchester United PLC), Underwriting Agreement (Manchester United PLC), Underwriting Agreement (Manchester United PLC)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve (12) months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 5 contracts

Sources: Underwriting Agreement (Scholar Rock Holding Corp), Underwriting Agreement, Underwriting Agreement (UroGen Pharma Ltd.)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives Representative as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder, which requirement may be satisfied by publicly filing the required information on ▇▇▇▇▇.

Appears in 5 contracts

Sources: Underwriting Agreement (Scilex Holding Co), Underwriting Agreement (PDS Biotechnology Corp), Underwriting Agreement (Soliton, Inc.)

Earnings Statement. The Company will make generally available to its security holders stockholders and to the Representatives Representative as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 5 contracts

Sources: Underwriting Agreement (Foresite Life Sciences Corp.), Underwriting Agreement (FS Development Corp. II), Underwriting Agreement (FS Development Corp.)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Agent an earnings statement (which need not be audited) covering a period of at least twelve (12) months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules and regulations of the Commission thereunderSecurities Act.

Appears in 5 contracts

Sources: Open Market Sale Agreement (Selecta Biosciences Inc), Open Market Sale Agreement (Selecta Biosciences Inc), Sales Agreement (Selecta Biosciences Inc)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Representative an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will Agreement, which shall satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 5 contracts

Sources: Underwriting Agreement (Exact Sciences Corp), Underwriting Agreement (Exact Sciences Corp), Underwriting Agreement (Exact Sciences Corp)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations Rule 158 of the Commission promulgated thereunder.

Appears in 5 contracts

Sources: Underwriting Agreement (Dicerna Pharmaceuticals Inc), Underwriting Agreement (Dicerna Pharmaceuticals Inc), Underwriting Agreement (Amag Pharmaceuticals Inc.)

Earnings Statement. The Company will promptly make generally available to its security holders and to the Representatives as soon as practicable Representative an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 4 contracts

Sources: Underwriting Agreement (Heron Therapeutics, Inc. /De/), Underwriting Agreement (La Jolla Pharmaceutical Co), Underwriting Agreement (Heron Therapeutics, Inc. /De/)

Earnings Statement. The As soon as reasonably practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will satisfy “effective date” (as defined in Rule 158 under the provisions of Section 11(aSecurities Act) of the Securities Act and the rules and regulations of the Commission thereunderRegistration Statement.

Appears in 4 contracts

Sources: Underwriting Agreement (Cit Group Inc), Underwriting Agreement (Cit Group Inc), Underwriting Agreement (Cit Group Inc)

Earnings Statement. The As soon as practicable, the Company will make generally available to holders of its security holders securities and deliver to the Representatives as soon as practicable Placement Agents, an earnings statement of the Company (which need not be audited) covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules Rules and regulations Regulations (including, at the option of the Commission thereunderCompany, Rule 158).

Appears in 4 contracts

Sources: Placement Agency Agreement (Houston American Energy Corp), Placement Agency Agreement (Fuelcell Energy Inc), Placement Agency Agreement (BPZ Resources, Inc.)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder; provided that the Company will be deemed to have satisfied such requirement to the extent such information is filed on ▇▇▇▇▇ or any successor system.

Appears in 4 contracts

Sources: Underwriting Agreement (Wave Life Sciences Ltd.), Underwriting Agreement (Wave Life Sciences Ltd.), Underwriting Agreement (Wave Life Sciences Ltd.)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunderthereunder (including Rule 158 under the Securities Act).

Appears in 4 contracts

Sources: Underwriting Agreement (Manchester United PLC), Underwriting Agreement (Stalwart Tankers Inc.), Underwriting Agreement (Navigator Holdings Ltd.)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules Rules and regulations of the Commission thereunderRegulations.

Appears in 4 contracts

Sources: Underwriting Agreement (Fate Therapeutics Inc), Underwriting Agreement (Fate Therapeutics Inc), Underwriting Agreement (Fate Therapeutics Inc)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as reasonably practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder; provided, however, that the requirements of this Section 3(l) shall be satisfied to the extent that such earnings statement is available on ▇▇▇▇▇.

Appears in 4 contracts

Sources: Underwriting Agreement (Arrowhead Pharmaceuticals, Inc.), Underwriting Agreement (Arrowhead Pharmaceuticals, Inc.), Underwriting Agreement (Arrowhead Pharmaceuticals, Inc.)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives Representative as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will if necessary to satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 4 contracts

Sources: Underwriting Agreement (Progenics Pharmaceuticals Inc), Underwriting Agreement (Progenics Pharmaceuticals Inc), Underwriting Agreement (TCV v Lp)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Representative an earnings statement (which need not be audited) covering a the twelve-month period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will satisfy satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules and regulations of the Commission thereunderSecurities Act.

Appears in 4 contracts

Sources: Underwriting Agreement (Allis Chalmers Energy Inc.), Underwriting Agreement (Allis Chalmers Energy Inc.), Underwriting Agreement (Allis Chalmers Energy Inc.)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Agent an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules Securities Act; provided that the Company will be deemed to have furnished such statement to its security holders and regulations of the Agent to the extent such statement is filed with the Commission thereunderon ▇▇▇▇▇ or any successor system.

Appears in 3 contracts

Sources: Open Market Sale Agreement (Lexicon Pharmaceuticals, Inc.), Open Market Sale Agreement (BiomX Inc.), Open Market Sale Agreement (Lexicon Pharmaceuticals, Inc.)

Earnings Statement. The Company will promptly make generally available to its security holders and to the Representatives as soon as practicable Underwriter an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 3 contracts

Sources: Underwriting Agreement (Heron Therapeutics, Inc. /De/), Underwriting Agreement (La Jolla Pharmaceutical Co), Underwriting Agreement (Heron Therapeutics, Inc. /De/)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives Underwriters as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder; provided, however, that the requirements of this Section 4(j) shall be satisfied to the extent that such reports, statements, communications, financial statements or other documents are available on E▇▇▇▇.

Appears in 3 contracts

Sources: Underwriting Agreement (Bancorp, Inc.), Underwriting Agreement (Bancorp, Inc.), Underwriting Agreement (First Busey Corp /Nv/)

Earnings Statement. The Company will make generally available to its security holders securityholders and to the Representatives as soon as practicable through filings under the Exchange Act an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 3 contracts

Sources: Underwriting Agreement (Mesa Laboratories Inc /Co), Underwriting Agreement (Mesa Laboratories Inc /Co), Underwriting Agreement (Mesa Laboratories Inc /Co)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as reasonably practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder; provided, however, that the requirements of this Section 3(k) shall be satisfied to the extent that such earnings statement is available on ▇▇▇▇▇.

Appears in 3 contracts

Sources: Underwriting Agreement (CareDx, Inc.), Underwriting Agreement (CareDx, Inc.), Underwriting Agreement (CareDx, Inc.)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Agent an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules Securities Act; provided that the Company will be deemed to have furnished such statement to its security holders and regulations of the Agent to the extent such statement is filed with Commission thereunderon ▇▇▇▇▇ or any successor system.

Appears in 3 contracts

Sources: Open Market Sale Agreement (Chimerix Inc), Open Market Sale Agreement (Fractyl Health, Inc.), Open Market Sale Agreement (Chimerix Inc)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder; provided, however, that the requirements of this Section 3(j) shall be satisfied to the extent that such earnings statement is available on ▇▇▇▇▇.

Appears in 3 contracts

Sources: Underwriting Agreement (Nanobiotix S.A.), Underwriting Agreement, Underwriting Agreement (Nightstar Therapeutics LTD)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders noteholders and to the Representatives as soon as practicable an earnings statement (which need not be auditedaudited and may be satisfied by a filing with the Commission’s ▇▇▇▇▇ system) covering a period of at least twelve (12) months beginning with after the first fiscal quarter effective date of the Company commencing after the date of this Agreement Registration Statement that will satisfy satisfies the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunderAct.

Appears in 3 contracts

Sources: Underwriting Agreement (JMP Group LLC), Underwriting Agreement (JMP Group LLC), Underwriting Agreement (JMP Group Inc.)

Earnings Statement. The As soon as reasonably practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Agent an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules and regulations of Securities Act, which requirement may be satisfied by publicly filing the Commission thereunderrequired information on ▇▇▇▇▇.

Appears in 3 contracts

Sources: Open Market Sale Agreement (Cytokinetics Inc), Open Market Sale Agreement (Akebia Therapeutics, Inc.), Open Market Sale Agreement (Akebia Therapeutics, Inc.)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives Representative as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder. To the extent the Company has filed an earnings release or press release, such earnings release or press release shall qualify as being made generally available by the Company.

Appears in 3 contracts

Sources: Underwriting Agreement (Iovance Biotherapeutics, Inc.), Underwriting Agreement (Iovance Biotherapeutics, Inc.), Underwriting Agreement (Iovance Biotherapeutics, Inc.)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder. To the extent the Company has filed an earnings release or press release, such earnings release or press release shall qualify as being made generally available by the Company.

Appears in 3 contracts

Sources: Underwriting Agreement (Iovance Biotherapeutics, Inc.), Underwriting Agreement (Iovance Biotherapeutics, Inc.), Underwriting Agreement (Iovance Biotherapeutics, Inc.)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives Representative as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder; provided, however, that the requirements of this Section 3(k) shall be deemed satisfied to the extent such statement is available on E▇▇▇▇.

Appears in 3 contracts

Sources: Underwriting Agreement (Exyn Technologies, Inc.), Underwriting Agreement (AIRO Group Holdings, Inc.), Underwriting Agreement (AIRO Group Holdings, Inc.)

Earnings Statement. The Company will make generally available (which shall be satisfied by filing with ▇▇▇▇▇) to its security holders and to the Representatives Representative as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 3 contracts

Sources: Underwriting Agreement (Phio Pharmaceuticals Corp.), Underwriting Agreement (Phio Pharmaceuticals Corp.), Underwriting Agreement (RXi Pharmaceuticals Corp)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives Agent as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder, provided that the Company will be deemed to have furnished such statements to its security holders and the Agent to the extent they are filed on ▇▇▇▇▇ or any successor system.

Appears in 3 contracts

Sources: Open Market Sale Agreement (Sol-Gel Technologies Ltd.), Open Market Sale Agreement (Sol-Gel Technologies Ltd.), Open Market Sale Agreement (Sol-Gel Technologies Ltd.)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Representative an earnings statement (which need not be audited) covering a the period of at least twelve 12 months beginning with after the first fiscal quarter effective date of the Company commencing after the date of this Agreement Registration Statement and that will satisfy satisfies the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunderAct.

Appears in 3 contracts

Sources: Underwriting Agreement (Pioneer Drilling Co), Underwriting Agreement (Pioneer Drilling Co), Underwriting Agreement (Pioneer Drilling Co)

Earnings Statement. The Company will make generally available to its security holders securityholders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder, provided that the Company will be deemed to have made generally available such statement to the extent it is available on E▇▇▇▇.

Appears in 3 contracts

Sources: Underwriting Agreement (Celcuity Inc.), Underwriting Agreement (Celcuity Inc.), Underwriting Agreement (Celcuity Inc.)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives Representative as soon as practicable practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy satisfies the provisions of Section 11(a) of the Securities Act and the rules and regulations Rule 158 of the Commission thereunderpromulgated 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 As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Agent an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules Securities Act; provided that the Company shall be deemed to have furnished such statements to its security holders and regulations of the Commission thereunderAgent to the extent they are filed on the Commission’s E▇▇▇▇ system or any successor to such system.

Appears in 3 contracts

Sources: Open Market Sale Agreement (Praxis Precision Medicines, Inc.), Sales Agreement (Praxis Precision Medicines, Inc.), Open Market Sale Agreement (Praxis Precision Medicines, Inc.)

Earnings Statement. The Company will make generally available to its security holders shareholders and to the Representatives Representative as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 3 contracts

Sources: Underwriting Agreement (Presbia PLC), Underwriting Agreement (Presbia PLC), Underwriting Agreement (Presbia PLC)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Agent an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules Securities Act, provided that the Company will be deemed to have furnished such statement to its security holders and regulations of the Commission thereunderAgent to the extent they are filed on ▇▇▇▇▇.

Appears in 3 contracts

Sources: Sales Agreement (Cyclerion Therapeutics, Inc.), Open Market Sale Agreement (Northwest Pipe Co), Open Market Sale Agreement (Cyclerion Therapeutics, Inc.)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder, which requirement may be satisfied by publicly filing the required information on ▇▇▇▇▇.

Appears in 3 contracts

Sources: Underwriting Agreement (Xeris Pharmaceuticals Inc), Underwriting Agreement (Xeris Pharmaceuticals Inc), Underwriting Agreement (Xeris Pharmaceuticals Inc)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives Agent as soon as practicable practical an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 2 contracts

Sources: Open Market Sale Agreement (Corbus Pharmaceuticals Holdings, Inc.), Open Market Sale Agreement (Corbus Pharmaceuticals Holdings, Inc.)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder; provided that the Company will be deemed to have furnished such statement to its security holders and the Representatives to the extent they are filed on ▇▇▇▇▇ or any successor thereto.

Appears in 2 contracts

Sources: Underwriting Agreement (Certara, Inc.), Underwriting Agreement (Certara, Inc.)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as reasonably practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 2 contracts

Sources: Underwriting Agreement (Silvaco Group, Inc.), Underwriting Agreement (ESSA Pharma Inc.)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives Representative as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder, which requirement may be satisfied by publicly filing the required information on E▇▇▇▇.

Appears in 2 contracts

Sources: Underwriting Agreement (Avadel Pharmaceuticals PLC), Underwriting Agreement (Marinus Pharmaceuticals Inc)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder; provided, however, that the requirements of this Section 3(k) shall be satisfied to the extent that such earnings statement is available on ▇▇▇▇▇.

Appears in 2 contracts

Sources: Underwriting Agreement (Aclaris Therapeutics, Inc.), Underwriting Agreement (Erytech Pharma S.A.)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a the twelve-month period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will satisfy satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules and regulations of the Commission thereunderSecurities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Geokinetics Inc), Underwriting Agreement (Quatrx Pharmaceuticals Co)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives Representative as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder; provided however, that the requirements of this Section 3(l) shall be satisfied to the extent that such earnings statements are available on ▇▇▇▇▇.

Appears in 2 contracts

Sources: Underwriting Agreement (Volitionrx LTD), Underwriting Agreement (Volitionrx LTD)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve (12) months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder; provided, however, that the requirement of this Section 3(k) shall be satisfied to the extent that such earnings statement is available on ▇▇▇▇▇.

Appears in 2 contracts

Sources: Underwriting Agreement (Codiak BioSciences, Inc.), Underwriting Agreement (Codiak BioSciences, Inc.)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Representative an earnings statement (which need not be audited) covering a the twelve-month period ending at the end of at least twelve months beginning with the Company's first fiscal quarter that ends more than one year after the effectiveness of the Company commencing after the date of this Agreement that will satisfy Registration Statement and satisfying the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunderAct.

Appears in 2 contracts

Sources: Underwriting Agreement (Petroleum Development Corp), Underwriting Agreement (Petroleum Development Corp)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Underwriters an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will satisfy “effective date” (as defined in Rule 158 under the provisions of Section 11(aSecurities Act) of the Securities Act and the rules and regulations of the Commission thereunderRegistration Statement.

Appears in 2 contracts

Sources: Underwriting Agreement (Graphic Packaging Holding Co), Underwriting Agreement (Graphic Packaging Holding Co)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives Representative as soon as reasonably practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunder.

Appears in 2 contracts

Sources: Underwriting Agreement (ESSA Pharma Inc.), Underwriting Agreement (Calix, Inc)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will satisfy “effective date” (as defined in Rule 158 under the provisions of Section 11(aSecurities Act) of the Securities Act and the rules and regulations of the Commission thereunderRegistration Statement.

Appears in 2 contracts

Sources: Underwriting Agreement (Comstock Resources Inc), Underwriting Agreement (Comstock Resources Inc)

Earnings Statement. The As soon as reasonably practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Agents an earnings statement (which need not be audited) covering a period of at least twelve months beginning with the first fiscal quarter of the Company commencing occurring after the date of this Agreement that will which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the rules and regulations Securities Act, which requirement (for the avoidance of doubt) may be satisfied by publicly filing the Commission thereunderrequired information on E▇▇▇▇.

Appears in 2 contracts

Sources: Sales Agreement (Navitas Semiconductor Corp), Sales Agreement (Navitas Semiconductor Corp)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering a period of at least twelve months beginning with after the first fiscal quarter effectiveness of the Company commencing after the date of this Agreement Registration Statement and that will satisfy satisfies the provisions of Section 11(a) of the Securities Act and the rules and regulations of the Commission thereunderAct.

Appears in 2 contracts

Sources: Underwriting Agreement (Aries Maritime Transport LTD), Underwriting Agreement (Genco Shipping & Trading LTD)