Common use of Earnings Statement Clause in Contracts

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 22 contracts

Sources: Underwriting Agreement (LJL Biosystems Inc), Underwriting Agreement (Battery Express Inc), Underwriting Agreement (Mypoints Com Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] December 31, 2000 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 13 contracts

Sources: Underwriting Agreement (Primus Knowledge Solutions Inc), Underwriting Agreement (Pc Tel Inc), Underwriting Agreement (Ebenx Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Representative an earnings statement (which need not be audited) covering the twelve-month period ending [___] that satisfies the provisions of complying with Section 11(a) of the Securities ActAct and the rules and regulations of the Commission thereunder.

Appears in 13 contracts

Sources: Underwriting Agreement (Abraxas Petroleum Corp), Underwriting Agreement (Sanchez Energy Corp), Underwriting Agreement (Sanchez Energy Corp)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] March 31, 2001 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 11 contracts

Sources: Underwriting Agreement (Delano Technology Corp), Underwriting Agreement (Exar Corp), Underwriting Agreement (Loudeye Technologies Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 10 contracts

Sources: Underwriting Agreement (RR Donnelley & Sons Co), Underwriting Agreement (RR Donnelley & Sons Co), Underwriting Agreement (RR Donnelley & Sons Co)

Earnings Statement. As soon as practicable, the The Company will make generally available to its security holders (including holders of the Securities) and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering of the twelve-month period ending [___] that satisfies Company and its subsidiaries, satisfying the provisions of Section 11(a) of the Securities ActAct and the rules and regulations thereunder (including Rule 158).

Appears in 7 contracts

Sources: Underwriting Agreement (Fifth Third Bancorp), Underwriting Agreement (Fifth Third Bancorp), Underwriting Agreement (Fifth Third Bancorp)

Earnings Statement. As soon as practicable, the The Company will make generally available to its security holders and holders, as soon as it is practicable to the Representatives do so, an earnings statement (which need not be audited) covering in reasonable detail, complying with the twelve-month period ending [___] that satisfies the provisions requirements of Section 11(a) of the Securities Act and the Rule 158 under the Securities Act.

Appears in 7 contracts

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

Earnings Statement. As soon as practicable, the 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 the twelvea 12-month period ending [___] that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.

Appears in 6 contracts

Sources: Sales Agreement (Aerie Pharmaceuticals Inc), Sales Agreement (Aerie Pharmaceuticals Inc), Sales Agreement (Aerie Pharmaceuticals Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] June 30, 2000 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 6 contracts

Sources: Underwriting Agreement (Mpath Interactive Inc/Ca), Underwriting Agreement (Streamline Com Inc), Underwriting Agreement (Fundtech LTD)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] December 31, 2005 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 5 contracts

Sources: Underwriting Agreement (Spirit Finance Corp), Underwriting Agreement (American Capital Strategies LTD), Underwriting Agreement (American Capital Strategies LTD)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___[ ] that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 5 contracts

Sources: Underwriting Agreement (Coorstek Inc), Underwriting Agreement (Novatel Wireless Inc), Underwriting Agreement (Oplink Communications Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering or statements of the twelve-month period ending [___] Company and its subsidiaries that satisfies will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act; provided, however, that such availability requirements shall be deemed met by the Company’s compliance with its reporting requirements pursuant to the Exchange Act.

Appears in 5 contracts

Sources: Underwriting Agreement (Hewlett Packard Enterprise Co), Underwriting Agreement (Hewlett Packard Enterprise Co), Underwriting Agreement (Hewlett Packard Enterprise Co)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (or statements of the Company and its subsidiaries which need not be audited) covering the twelve-month period ending [___] that satisfies will satisfy the provisions of Section 11(a) of the Securities ActAct and Rule 158.

Appears in 5 contracts

Sources: Sales Agreement (Ampio Pharmaceuticals, Inc.), Underwriting Agreement (Wisconsin Public Service Corp), Underwriting Agreement (Wisconsin Public Service Corp)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] September 30, 2001 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 5 contracts

Sources: Underwriting Agreement (Esperion Therapeutics Inc/Mi), Underwriting Agreement (Peco Ii Inc), Underwriting Agreement (Lantronix)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] September 30, 2000 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 4 contracts

Sources: Underwriting Agreement (Americredit Corp), Underwriting Agreement (Cobalt Group Inc), Underwriting Agreement (Ancor Communications Inc /Mn/)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the a twelve-month period ending [___] that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 4 contracts

Sources: Underwriting Agreement (CoreCivic, Inc.), Underwriting Agreement (Corrections Corp of America), Underwriting Agreement (Corrections Corp of America)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] that satisfies the provisions of complying with Section 11(a) of the Securities ActAct and the rules and regulations of the Commission thereunder.

Appears in 4 contracts

Sources: Underwriting Agreement (Emerald Oil, Inc.), Underwriting Agreement (Callon Petroleum Co), Underwriting Agreement (Abraxas Petroleum Corp)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Underwriters an earnings statement (which need not be audited) covering of the twelve-month period ending [___] Company and its consolidated subsidiaries that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 4 contracts

Sources: Underwriting Agreement (Mueller Water Products, Inc.), Underwriting Agreement (Walter Industries Inc /New/), Underwriting Agreement (Mueller Water Products, Inc.)

Earnings Statement. As soon as practicable, the 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 the twelve-month period ending [___] that satisfies the provisions of Section 11(a) and Rule 158 of the Securities Act.

Appears in 4 contracts

Sources: Sales Agreement (Novastar Financial Inc), Atm Equity Offering Sales Agreement (Gramercy Capital Corp), Sales Agreement (Arbor Realty Trust Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] that satisfies the provisions of Section 11(a) of the Securities Act.]

Appears in 4 contracts

Sources: Underwriting Agreement (Centra Software Inc), Underwriting Agreement (Xcarenet Inc), Underwriting Agreement (American Bank Note Holographics Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___December 31, 2005] that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 4 contracts

Sources: Underwriting Agreement (American Capital, LTD), Underwriting Agreement (American Capital Strategies LTD), Underwriting Agreement (American Capital Strategies LTD)

Earnings Statement. As soon as practicable, the 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 the twelve-a 12 month period ending [___] that satisfies the provisions of Section 11(a) of the U.S. Securities Act and Rule 158 under the U.S. Securities Act.

Appears in 4 contracts

Sources: Equity Distribution Agreement (Cybin Inc.), Equity Distribution Agreement (Cybin Inc.), Equity Distribution Agreement (Cybin Inc.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] that satisfies the provisions of of, and that provides the benefits contemplated by, Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 4 contracts

Sources: Underwriting Agreement (Old Republic International Corp), Underwriting Agreement (Old Republic International Corp), Underwriting Agreement (Old Republic International Corp)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] June 30, 2010 that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 4 contracts

Sources: Underwriting Agreement (Western Refining, Inc.), Underwriting Agreement (Bill Barrett Corp), Underwriting Agreement (Western Refining, Inc.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Representative an earnings statement (which need not be audited) covering the twelve-month period ending [___] December 31, 2006 that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 3 contracts

Sources: Underwriting Agreement (St Jude Medical Inc), Underwriting Agreement (Sovran Self Storage Inc), Underwriting Agreement (Dendreon Corp)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 3 contracts

Sources: Underwriting Agreement (Provant Inc), Underwriting Agreement (Carlson Restaurants Worldwide Inc), Underwriting Agreement (Provant Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Underwriters an earnings statement (which need not be audited) covering the twelve-month period ending [___] , 2005 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 3 contracts

Sources: Underwriting Agreement (WPT Enterprises Inc), Underwriting Agreement (WPT Enterprises Inc), Underwriting Agreement (Pokertek Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Underwriters an earnings statement (which need not be audited) covering the twelve-month period ending [___] that satisfies the provisions of complying with Section 11(a) of the Securities ActAct and the rules and regulations of the Commission thereunder.

Appears in 3 contracts

Sources: Underwriting Agreement (Callon Petroleum Co), Underwriting Agreement (Vantage Drilling CO), Underwriting Agreement (Vantage Drilling CO)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] March 31, 2007 that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 3 contracts

Sources: Underwriting Agreement (MWI Veterinary Supply, Inc.), Underwriting Agreement (Acadia Pharmaceuticals Inc), Underwriting Agreement (Nuvasive Inc)

Earnings Statement. As soon as practicable, the Company will shall make generally available to its security holders and to the Representatives Representative an earnings statement (which need not be audited) covering the twelve-month period ending [___] beginning after the effective date of the Registration Statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 3 contracts

Sources: Underwriting Agreement (DG FastChannel, Inc), Underwriting Agreement (Global Traffic Network, Inc.), Underwriting Agreement (Global Traffic Network, Inc.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Representative an earnings statement (which need not be audited) covering the twelve-month period ending [___] December 31, 2004 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 3 contracts

Sources: Underwriting Agreement (CardioVascular BioTherapeutics, Inc.), Underwriting Agreement (CardioVascular BioTherapeutics, Inc.), Underwriting Agreement (CardioVascular BioTherapeutics, Inc.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] April 30, 2001 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 3 contracts

Sources: Underwriting Agreement (Impco Technologies Inc), Underwriting Agreement (Applied Science & Technology Inc), Underwriting Agreement (Questor Partners Fund L P)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] June 30, 2007 that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 3 contracts

Sources: Underwriting Agreement (Kilroy Realty Corp), Underwriting Agreement (GeoMet, Inc.), Underwriting Agreement (GeoMet, Inc.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] September 30, 1998 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 3 contracts

Sources: Underwriting Agreement (Citysearch Inc), Underwriting Agreement (Travel Services International Inc), Underwriting Agreement (Objective Communications Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] beginning after the effective date of the Registration Statement that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 3 contracts

Sources: Underwriting Agreement (SQL Financials International Inc /De), Underwriting Agreement (Spectra Physics Lasers Inc), Underwriting Agreement (SQL Financials International Inc /De)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] December 31, 2007, that satisfies the provisions of Section 11(a) of the the, and Rule 158 under the, Securities Act.

Appears in 3 contracts

Sources: Underwriting Agreement (Wireless Ronin Technologies Inc), Underwriting Agreement (Wireless Ronin Technologies Inc), Underwriting Agreement (Wireless Ronin Technologies Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] September 30, 2006 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 3 contracts

Sources: Underwriting Agreement (Accentia Biopharmaceuticals Inc), Underwriting Agreement (Accentia Biopharmaceuticals Inc), Underwriting Agreement (Symmetry Medical Inc.)

Earnings Statement. As soon as practicable, the 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 the twelve-month period ending [___] that satisfies shall satisfy the provisions of Section 11(a) of the Securities ActAct and Rule 158 of the Rules and Regulations.

Appears in 3 contracts

Sources: Underwriting Agreement (PepperLime Health Acquisition Corp), Underwriting Agreement (PepperLime Health Acquisition Corp), Underwriting Agreement (PepperLime Health Acquisition Corp)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] December 31, 2001 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 3 contracts

Sources: Underwriting Agreement (Keryx Biophamaeuticals Inc), Underwriting Agreement (Osi Pharmaceuticals Inc), Underwriting Agreement (Insmed Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Representative an earnings statement (which need not be audited) covering the twelve-month period ending [___] that satisfies the provisions of of, and that provides the benefits contemplated by, Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 3 contracts

Sources: Underwriting Agreement (Old Republic International Corp), Underwriting Agreement (Old Republic International Corp), Underwriting Agreement (Old Republic International Corp)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Representative an earnings statement (which need not be audited) covering the twelve-month period ending [___] June 30, 2009 that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 3 contracts

Sources: Purchase Agreement (Mgic Investment Corp), Underwriting Agreement (Mgic Investment Corp), Underwriting Agreement (Mgic Investment Corp)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] after the effective date of the Registration Statement that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Synagro Technologies Inc), Underwriting Agreement (Synagro Technologies Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] June 30, 2004 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Giant Industries Inc), Underwriting Agreement (Barnes Group Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Underwriter an earnings statement (which need not be audited) covering the twelve-month period ending [___] September 30, 2004 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Essex Property Trust Inc), Underwriting Agreement

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] June 30, 1999 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Shop at Home Inc /Tn/), Underwriting Agreement (Shop at Home Inc /Tn/)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] June 30, 2008 that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Pharmasset Inc), Underwriting Agreement (Oceanfreight Inc.)

Earnings Statement. As soon as practicable, the Company will shall make generally available to its security holders and to the Representatives Underwriter an earnings statement (which need not be audited) covering the twelve-month period ending [___] beginning after the effective date of the Registration Statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (ProUroCare Medical Inc.), Underwriting Agreement (ProUroCare Medical Inc.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Underwriters an earnings statement (which need not be audited) covering the twelve-month period ending [___] * , 2005 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Cabg Medical Inc), Underwriting Agreement (Cabg Medical Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] ], 2000 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Infosys Technologies LTD), Underwriting Agreement (Infosys Technologies LTD)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] December 31, 2009 that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Cal Dive International, Inc.), Underwriting Agreement (Cal Dive International, Inc.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] _________, 2000 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Netsolve Inc), Underwriting Agreement (Netsolve Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___[ ] that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Whitestone REIT), Underwriting Agreement (Whitestone REIT)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] December 31, 2015 that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Sovran Self Storage Inc), Underwriting Agreement (Sovran Self Storage Inc)

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] October 31, 1998 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (International Manufacturing Services Inc), Underwriting Agreement (International Manufacturing Services Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] December 31, 2004 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (American Capital Strategies LTD), Underwriting Agreement (American Capital Strategies LTD)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Underwriter an earnings statement (which need not be audited) covering the twelve-month period ending [___] December 31, 2007, that satisfies the provisions of Section 11(a) of the the, and Rule 158 under the, Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Wireless Ronin Technologies Inc), Underwriting Agreement (Wireless Ronin Technologies Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] September 30, 2013 that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Kilroy Realty, L.P.), Underwriting Agreement (Kilroy Realty, L.P.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Representative an earnings statement (which need not be audited) covering the twelve-month period ending [___] , 200 that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Syngence Corp), Underwriting Agreement (Ascent Solar Technologies, Inc.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] September 30, 2004 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Acorda Therapeutics Inc), Underwriting Agreement (Molina Healthcare Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Underwriters an earnings statement (which need not be audited) covering the twelve-month period ending [___] that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Rent Way Inc), Underwriting Agreement (Coorstek Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Underwriter an earnings statement (which need not be audited) covering the twelve-month period ending [___] that satisfies the provisions of complying with Section 11(a) of the Securities ActAct and the rules and regulations of the Commission thereunder.

Appears in 2 contracts

Sources: Underwriting Agreement (Emerald Oil, Inc.), Underwriting Agreement (Gastar Exploration LTD)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Representative an earnings statement (which need not be audited) covering the twelve-month period ending [___] that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Reynard Motorsport Inc), Underwriting Agreement (Brantley Mezzanine Capital Corp)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Representative an earnings statement (which need not be audited) covering the twelve-month period ending [___] March 31, 2014 that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Mgic Investment Corp), Underwriting Agreement (Mgic Investment Corp)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] [ ], 2005 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Richardson Electronics LTD/De), Underwriting Agreement (Threshold Pharmaceuticals Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] June 30, 2006 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (LHC Group, Inc), Underwriting Agreement (Molina Healthcare Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Representative an earnings statement (which need not be audited) covering the a twelve-month period ending [___] that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 2 contracts

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

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] _______ that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (New Century Financial Corp), Underwriting Agreement (Lowestfare Com Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Underwriters an earnings statement (which need not be audited) covering the twelve-month period ending [___] that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Healthcare Financial Partners Inc), Underwriting Agreement (Healthcare Financial Partners Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders securityholders and to the Representatives Representative an earnings statement (which need not be audited) covering the twelve-month twelve (12)-month period ending [___] June 30, 2007 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Red Lion Hotels CORP), Underwriting Agreement (Red Lion Hotels CORP)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] March 31, 2005 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Fluor Corp), Underwriting Agreement (Aeroflex Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] December 31, 2008 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (American Capital Strategies LTD), Underwriting Agreement (American Capital, LTD)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] May 31, 2008 that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (FCStone Group, Inc.), Underwriting Agreement (FCStone Group, Inc.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] that satisfies the provisions of Section 11(a) of the Securities Act, including Rule 158 thereunder.

Appears in 2 contracts

Sources: Underwriting Agreement (Global Signal Inc), Underwriting Agreement (Global Signal Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] ]that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Ramp Networks Inc), Underwriting Agreement (Ramp Networks Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] September 30, 2005 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Symmetry Medical Inc.), Underwriting Agreement (Symmetry Medical Inc.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Underwriters an earnings statement (which need not be audited) covering the twelve-month period ending [___] June 30, 1998 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Garden Fresh Restaurant Corp /De/), Underwriting Agreement (Alphanet Solutions Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] that satisfies the provisions of the last paragraph of Section 11(a) of the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (U S Restaurant Properties Inc), Underwriting Agreement (RFS Hotel Investors Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] June 30, 2005 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Zenith National Insurance Corp), Underwriting Agreement (Fairfax Financial Holdings LTD/ Can)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] December 31, 2007 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (American Capital Strategies LTD), Underwriting Agreement (American Capital Strategies LTD)

Earnings Statement. As soon as practicable, the Company will shall make generally available to its security holders and to the Representatives Representative an earnings statement (which need not be audited) covering the twelve-month period ending [___] September 30, 2007 that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Cleveland Biolabs Inc), Underwriting Agreement (Cleveland Biolabs Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Representative an earnings statement (which need not be audited) covering the twelve-month period ending [___] June 30, 2010 that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Mgic Investment Corp), Underwriting Agreement (Mgic Investment Corp)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] June 30, 2006 that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (MWI Veterinary Supply, Inc.), Underwriting Agreement (MWI Veterinary Supply, Inc.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] that satisfies the provisions of Section 11(a) of the Securities ActAct (including at the option of the Company Rule 158).

Appears in 1 contract

Sources: Underwriting Agreement (Student Advantage Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Representative an earnings statement (which need not be audited) covering the twelve-month period ending [___] June 30, 2008 that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (Pharmion Corp)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] December 31, 2002, that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (Amn Healthcare Services Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Underwriter an earnings statement (which need not be audited) covering the twelve-month period ending [___] June 30, 2002 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (Atrix Laboratories Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Representative an earnings statement (which need not be audited) covering the twelve-month period ending [___] ], 2005 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (Alnylam Pharmaceuticals Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Underwriter an earnings statement (which need not be audited) covering the twelve-month period ending [___] ___________, 200_, that satisfies the provisions of Section 11(a) of the the, and Rule 158 under the, Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (Global Traffic Network, Inc.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] , 2005 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (Gander Mountain Co)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___[ ] that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (Patriot Capital Funding, Inc.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Representative an earnings statement (which need not be audited) covering the twelve-month period ending [___] ______, 2007 that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (Converted Organics Inc.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Underwriter an earnings statement (which need not be audited) covering the twelve-month period ending [___] December 31, 2005 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (Moog Inc)

Earnings Statement. As soon as reasonably practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] December 31, 2014 that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (Kilroy Realty, L.P.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] [ ], 2006 that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (Emergency Medical Services L.P.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] March 31, 2013 that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (Kilroy Realty, L.P.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___June 30, 2005] that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (Acadia Pharmaceuticals Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] [ ], 2006 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (Texas Roadhouse, Inc.)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___JULY 31, 2000] that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (Alloy Online Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives an earnings statement (which need not be audited) covering the twelve-month period ending [___] beginning after the date hereof that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (Arch Coal Inc)

Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Representatives Underwriters an earnings statement (which need not be audited) covering the twelve-month period ending [___] June 30, 1999 that satisfies the provisions of Section 11(a) of the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (Windmere Durable Holdings Inc)