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 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.

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 12 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.

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 12 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.

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 12 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 XXXXX.

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 12 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.

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 12 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.

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 12 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 XXXXX or any successor system.

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 12 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.

Earnings Statement. The Company will make generally available (which may be satisfied by filing with EXXXX) 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 12 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.

Earnings Statement. The Company will make generally available (which may be satisfied by filing with XXXXX) 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 12 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.

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 12 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.

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 12 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.

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 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.

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 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.

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 12 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.

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 12 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.

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 12 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.

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 12 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.

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 12 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.

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 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.

Earnings Statement. The Company will make generally available (which may be satisfied by filing with XXXXX) 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 12 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.

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 12 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.

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 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.

Earnings Statement. The Company will make generally available (which may be satisfied by filing with EXXXX) 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 12 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.

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 12 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 EXXXX.

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 12 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.

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 12 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.

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 12 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 XXXXX.

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 12 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.

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 12 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.

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 12 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.

Earnings Statement. The As soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter as of the date of this Agreement, 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 12 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.

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 12 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.

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 12 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.

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 12 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).

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 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.

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 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.

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 12 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.

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 12 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.

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 12 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).

Earnings Statement. The As soon as practicable, but in any event no later than fourteen 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 12 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.

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 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).

Earnings Statement. (A) 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 12 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.

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 12 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.

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 12 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.

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 12 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.

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 12 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.

Earnings Statement. The As soon as practicable, but in any event not later than 16 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 12 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 the rules and regulations of the Commission thereunder.

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 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.

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 12 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.

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 12 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.

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 12 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.

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 12 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.

Earnings Statement. The As soon as practicable, but in any event no later than sixteen 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 12 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.

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 12 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.

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 12 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.

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 12 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 EXXXX.

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 12 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 XXXXX.

Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable 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 of at least 12 months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will shall satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations Rule 158 of the Commission thereunderRules and Regulations, provided that the Company will be deemed to have satisfied this obligation to the extent it files such documents on the XXXXX system of the Commission.

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 XXXXX system) covering a period of at least 12 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.

Earnings Statement. The Company will make generally available (which shall be satisfied by filing with XXXXX) 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 12 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.

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) that 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 12 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.

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 12 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. For the avoidance of doubt, the Company’s compliance with the reporting requirements of the Commission thereunderExchange Act applicable to the Company shall be deemed to satisfy this Section 4(j).

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 12 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 XXXXX.

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 12 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 XXXXX.

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 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 Rule 158 thereunder.

Earnings Statement. The As soon as practicable, 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 12 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.

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 12 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 XXXXX.

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 12 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.

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 12 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 XXXXX.

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 12 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 reports, statements, communications, financial statements or other documents are available on XXXXX.

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 12 twelve (12) 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 Rule 158 under the rules and regulations of the Commission thereunderSecurities Act.

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 12 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.

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 12 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 EXXXX.

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 12 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.

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 12 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.

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 12 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. To the Commission thereunderextent 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.

Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable 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 of at least 12 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 Exchange Act and including, at the rules and regulations option of the Commission thereunderCompany, 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).

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 12 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.

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 12 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 such earnings statement is available on EXXXX.

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 12 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 statements are available on XXXXX.

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 12 months beginning with the first fiscal quarter of the Company commencing occurring after the date “effective date” (as defined in Rule 158 of this Agreement that will satisfy the provisions of Section 11(aSecurities Act) of the Securities Act and the rules and regulations of the Commission thereunderRegistration Statement.

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 12 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 XXXXX.

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 12 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 Act; provided that this obligation shall be deemed satisfied if the rules and regulations of Company shall have filed a report with the Commission thereunderwith such information.

Earnings Statement. The Company will make generally available to its security holders and to the Representatives 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) that 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 12 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.

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 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 XXXXX or any successor thereto.

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 12 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 XXXXX.

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 12 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 XXXXX.

Earnings Statement. The Company will make generally available to its security holders and to the Representatives Representative as soon as practicable reasonably practicable, without incurring commercially unreasonable expense, an earnings statement (which need not be audited) covering a period of at least 12 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.

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 12 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 statements are available on XXXXX.

Earnings Statement. The Company will make generally available to its security holders and to the Representatives (which may be satisfied by filing with XXXXX) as soon as practicable an earnings statement (which need not be audited) covering a period of at least 12 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.

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 12 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.

Earnings Statement. The Company will make generally available to its security holders and to the Representatives as soon as practicable 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 of at least 12 months beginning with the first fiscal quarter of the Company commencing after the date of this Agreement that will shall satisfy the provisions of Section 11(a) of the Securities Act and the rules and regulations Rule 158 of the Commission thereunderRegulations; provided that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis and Retrieval System.

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 12 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 reports, statements, communications, financial statements or other documents are available on XXXXX.

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 12 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. For the avoidance of doubt, the Commission thereunderCompany’s compliance with the reporting requirements of Exchange Act shall be deemed to satisfy this Section 4(j).

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 12 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 EXXXX.

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 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 XXXXX or any successor system.

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 12 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 reports, statements, communications, financial statements or other documents are available on XXXXX.

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 12 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 the Company will be deemed to have furnished such statement to its security holders and to the Representative to the extent it is filed on XXXXX.

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 12 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 XXXXX.