Common use of Earnings Statement Clause in Contracts

Earnings Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earnings statement 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 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 86 contracts

Samples: Underwriting Agreement (Ares Management Corp), Underwriting Agreement (Heico Corp), Underwriting Agreement (Ares Management Corp)

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Earnings Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earnings statement 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 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 16 contracts

Samples: Underwriting Agreement (Laredo Petroleum, Inc.), Freeport-McMoran Inc, Freeport-McMoran Inc

Earnings Statement. The Company will agrees to make generally available to its security holders and the Representatives as soon as practicable an earnings statement that satisfies the provisions of holders, in accordance with Section 11(a) of the Securities Act and Rule 158 thereunder, an earnings statement of the Commission promulgated thereunder Company (which need not be audited) in reasonable detail and covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the effective date” (as defined in Rule 158) date of the Registration Statement.

Appears in 16 contracts

Samples: Underwriting Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Underwriting Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Underwriting Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)

Earnings Statement. The Company will make generally available to its security holders and the Representatives Underwriter as soon as practicable an earnings statement 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 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 12 contracts

Samples: Underwriting Agreement (Tactile Systems Technology Inc), Underwriting Agreement (Laredo Petroleum, Inc.), Fox Factory Holding Corp

Earnings Statement. The Company will make generally available to its security holders securityholders and the Representatives as soon as practicable an earnings statement 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 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 9 contracts

Samples: Invitae Corp, Invitae Corp, Invitae Corp

Earnings Statement. The Company will make generally available to its security holders and the Representatives (which may be satisfied by filing with the Commission’s Electronic Data Gathering, Analysis and Retrieval (“XXXXX”) system or such other system designated by the Commission) as soon as practicable an earnings statement 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 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 6 contracts

Samples: Underwriting Agreement (Chesapeake Lodging Trust), Underwriting Agreement (Chesapeake Lodging Trust), Underwriting Agreement (Chesapeake Lodging Trust)

Earnings Statement. The Company will make generally available to its security holders and the Representatives as soon as reasonably practicable an earnings statement 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 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 6 contracts

Samples: Letter Agreement (Syros Pharmaceuticals, Inc.), Underwriting Agreement (Syros Pharmaceuticals, Inc.), Underwriting Agreement (Syros Pharmaceuticals, Inc.)

Earnings Statement. The Company will make generally available to its security holders and the Representatives Underwriters as soon as practicable an earnings statement 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 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 5 contracts

Samples: Underwriting Agreement (Vital Energy, Inc.), Underwriting Agreement (Laredo Petroleum, Inc.), Underwriting Agreement (Laredo Petroleum, Inc.)

Earnings Statement. The Company will shall make generally available to its security holders and the Representatives as soon as practicable an earnings statement 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 twelve 12 months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 5 contracts

Samples: Letter Agreement (Globant S.A.), Letter Agreement (Globant S.A.), Globant S.A.

Earnings Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earnings statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of under the Commission Securities Act promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement, provided that information filed with the Commission via XXXXX shall satisfy this requirement.

Appears in 5 contracts

Samples: Underwriting Agreement (Affiliated Managers Group, Inc.), Underwriting Agreement (Affiliated Managers Group, Inc.), Underwriting Agreement (Affiliated Managers Group, Inc.)

Earnings Statement. The Company will make generally available to its security holders securityholders and to the Representatives (which may be satisfied by filing with the Commission’s Electronic Data, Gathering, Analysis and Retrieval System (“XXXXX”)) as soon as practicable practicable, an earnings statement that satisfies the provisions of Section 11(a(which need not be audited) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158158 under the Securities Act) of the Registration Statement.

Appears in 5 contracts

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

Earnings Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earnings statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission Securities Act promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company and its subsidiaries occurring after the “effective date” (as defined in under Rule 158158 of the Securities Act) of the Registration Statement.

Appears in 4 contracts

Samples: Brookfield Renewable Partners L.P., Brookfield Renewable Corp, Brookfield Renewable Corp

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) covering the twelve-month period ending on the final day of the Company's first quarter that ends at least one year after "the effective date of the Registration Statement" (as defined in Rule 158(c) under the Securities Act) 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 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration StatementAct.

Appears in 3 contracts

Samples: Underwriting Agreement (Hanover Capital Holdings Inc), Underwriting Agreement (Novastar Financial Inc), Vistana Inc

Earnings Statement. The Company will make generally available to its security holders securityholders and the Representatives Representative as soon as practicable an earnings statement 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 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 3 contracts

Samples: NantKwest, Inc., Invitae Corp, Invitae Corp

Earnings Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable reasonably practicable, an earnings statement 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 twelve 12 months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 3 contracts

Samples: Underwriting Agreement (W. P. Carey Inc.), W. P. Carey Inc., W. P. Carey Inc.

Earnings Statement. The Company will make generally available to its security holders and the Representatives Distribution Agents as soon as practicable an earnings statement that satisfies the provisions of the last paragraph of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 3 contracts

Samples: Terms Agreement (Air Lease Corp), Terms Agreement (Air Lease Corp), Terms Agreement (Air Lease Corp)

Earnings Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earnings statement 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 twelve months beginning with the first fiscal quarter of the Company and its subsidiaries occurring after the “effective date” (as defined in under Rule 158158 of the Securities Act) of the Registration Statement.

Appears in 3 contracts

Samples: Underwriting Agreement (Brookfield Property Partners L.P.), Underwriting Agreement (Brookfield Property Partners L.P.), Brookfield Property Partners L.P.

Earnings Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earnings statement that satisfies the provisions of the last paragraph of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 3 contracts

Samples: Air Lease Corp, Air Lease Corp, Air Lease Corp

Earnings Statement. The Company will make generally available to its security holders holders, the Representatives, the Forward Purchasers and the Representatives Forward Sellers as soon as reasonably practicable an earnings statement 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 twelve 12 months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 3 contracts

Samples: Underwriting Agreement (W. P. Carey Inc.), Underwriting Agreement (W. P. Carey Inc.), Underwriting Agreement (W. P. Carey Inc.)

Earnings Statement. The Company will shall make generally available to its security holders and the Representatives as soon as practicable an earnings statement 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 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 3 contracts

Samples: Underwriting Agreement (Globant S.A.), Underwriting Agreement (Globant S.A.), Underwriting Agreement (Globant S.A.)

Earnings Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earnings statement 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 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158158 under the Securities Act) of the Registration Statement.

Appears in 3 contracts

Samples: Underwriting Agreement (DealerTrack Holdings, Inc.), DealerTrack Holdings, Inc., DealerTrack Holdings, Inc.

Earnings Statement. The Company will make generally available to its security holders and deliver to the Representatives Representative as soon as practicable an earnings statement that satisfies complying with the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 3 contracts

Samples: Underwriting Agreement (AxoGen, Inc.), Underwriting Agreement (Raptor Pharmaceutical Corp), Aastrom Biosciences Inc

Earnings Statement. The Company will shall make generally available to its security holders and the Representatives holders, as soon as practicable reasonably practicable, an earnings statement that covering the period of at least twelve (12) months beginning with the first day of the Company’s first full calendar quarter after the effective date of the Registration Statement which satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of thereunder (or any successor rule promulgated thereafter by the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.Commission);

Appears in 2 contracts

Samples: Registration Rights Agreement (Grindr Inc.), Registration Rights Agreement (Tiga Acquisition Corp.)

Earnings Statement. The Company will make generally available to its security holders and the Representatives (which may be satisfied by making publicly available on XXXXX) as soon as practicable an earnings statement 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 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 2 contracts

Samples: Sales Agency Agreement (F&m Bank Corp), Trinity Capital Corp

Earnings Statement. The Company will make generally available to its security holders (as specified in Rule 158 of the Commission promulgated under the Securities Act) and the Representatives as soon as practicable an earnings statement 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 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 2 contracts

Samples: Automatic Data Processing Inc, Automatic Data Processing Inc

Earnings Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earnings statement covering a 12 month period that satisfies the provisions of Section 11(a) of the U.S. Securities Act and Rule 158 of under the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration StatementU.S. Securities Act.

Appears in 2 contracts

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

Earnings Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earnings earning statement 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 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 2 contracts

Samples: Brown & Brown Inc, Underwriting Agreement (Corautus Genetics Inc)

Earnings Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earnings statement 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 twelve months beginning with the first fiscal quarter of the Company occurring after the "effective date" (as defined in Rule 158) of the Registration Statement.

Appears in 2 contracts

Samples: Southern Union Co, Alaska Communications Systems Group Inc

Earnings Statement. The As soon as practicable after the effective date of the Registration Statement (as defined in Rule 158(c) of the Securities Act), 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) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration StatementAct.

Appears in 2 contracts

Samples: Underwriting Agreement (Coldwater Creek Inc), Underwriting Agreement (Coldwater Creek Inc)

Earnings Statement. The Company will make generally available to its security holders and deliver to the Representatives Underwriter as soon as practicable an earnings statement that satisfies complying with the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 2 contracts

Samples: Syntroleum Corp, HFF, Inc.

Earnings Statement. The Company will make generally available to its security holders and the Representatives as soon as reasonably practicable an earnings earning statement 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 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 2 contracts

Samples: Underwriting Agreement (Brown & Brown, Inc.), Brown & Brown, Inc.

Earnings Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earnings statement 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 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 2 contracts

Samples: Warner Bros. Discovery, Inc., Discovery Communications, Inc.

Earnings Statement. The Company will make generally available (which may be satisfied by filing with the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) (or any successor system) to its security holders and the Representatives as soon as practicable an earnings statement 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 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 2 contracts

Samples: Commercial Credit, Inc., Commercial Credit, Inc.

Earnings Statement. The Company will make generally available to its security holders and the Representatives (which may be satisfied by making publicly available on EXXXX) as soon as practicable an earnings statement 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 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 2 contracts

Samples: Sales Agency Agreement (Village Bank & Trust Financial Corp.), Sales Agency Agreement (Village Bank & Trust Financial Corp.)

Earnings Statement. The Company will make generally available to its security holders and the Representatives Xxxxx as soon as practicable an earnings statement 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 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 2 contracts

Samples: Merrimack Pharmaceuticals Inc, Merrimack Pharmaceuticals Inc

Earnings Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earnings earning statement 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 twelve months beginning with the first fiscal quarter of the Company occurring after the "effective date" (as defined in Rule 158) of the Registration Statement. To the extent that the Company makes such information available in the Commission's XXXXX filing system, the Company shall be deemed to have furnished such information for purposes of this Section.

Appears in 1 contract

Samples: Orchids Paper Products CO /DE

Earnings Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earnings statement 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 twelve months beginning with the first fiscal quarter of the Company occurring after the "effective date" (as defined in Rule 158) of the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (Symbol Technologies Inc)

Earnings Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earnings statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the rules and regulations of the Commission promulgated thereunder covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 1 contract

Samples: Concho Resources Inc

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Earnings Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earnings statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission SEC promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158158 under the Securities Act) of the Registration Statement.

Appears in 1 contract

Samples: Letter Agreement (Canuelas Mill S.A.C.I.F.I.A.)

Earnings Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earnings statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the rules and regulations of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 1 contract

Samples: Concho Resources Inc

Earnings Statement. The Company will make generally available to its security holders and deliver to the Representatives Representative as soon as practicable an earnings statement that satisfies complying with the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company occurring commencing after the “effective date” (as defined in Rule 158) date of the Registration Statementthis Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (AxoGen, Inc.)

Earnings Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earnings earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission SEC promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158158 under the Securities Act) of the Registration Statement.

Appears in 1 contract

Samples: Central Puerto S.A.

Earnings Statement. The Company will make generally available to its security holders and the Representatives Xxxxx as soon as practicable an earnings earning statement 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 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement; provided that the Company will be deemed to have furnished such statements to its security holders and Xxxxx to the extent they are filed via XXXXX.

Appears in 1 contract

Samples: Sales Agreement (Terns Pharmaceuticals, Inc.)

Earnings Statement. The Company will make generally available to its security holders and the Representatives Underwriter as soon as practicable an earnings earning statement 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 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 1 contract

Samples: Sirius Satellite (Sirius Xm Radio Inc.)

Earnings Statement. The Company will make generally available to its the Company’s security holders and to deliver to the Representatives Representatives, including by filing with the Commission, as soon as practicable an earnings statement of the Company and its subsidiaries (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 twelve months beginning with on the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 1 contract

Samples: Resolute Energy Corp

Earnings Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earnings statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the rules and regulations of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (Concho Resources Inc)

Earnings Statement. The If required by law, the Company will make generally available to its security holders and deliver to the Representatives Representative as soon as practicable an earnings statement that satisfies complying with the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 1 contract

Samples: Up Agreement (Dynex Capital Inc)

Earnings Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earnings statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of under the Commission promulgated thereunder Securities Act covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 1 contract

Samples: ExactTarget, Inc.

Earnings Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable 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 twelve months beginning with the first fiscal quarter of the Company occurring after the "effective date" (as defined in Rule 158) of the Registration Statement.

Appears in 1 contract

Samples: Penson Worldwide Inc

Earnings Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earnings statement 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 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement, provided that information filed with the Commission via XXXXX shall satisfy this requirement.

Appears in 1 contract

Samples: Underwriting Agreement (Affiliated Managers Group, Inc.)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable Agent, the Forward Seller and the Forward Purchaser (which may be satisfied through a filing with the Commission made available on XXXXX) an earnings statement that satisfies the provisions of Section 11(a(which need not be audited) of the Securities Act and Rule 158 of the Commission promulgated thereunder covering a period of at least twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158date of this Agreement which shall satisfy the provisions of Section 11(a) of the Registration StatementSecurities Act and Rule 158 under the Securities Act.

Appears in 1 contract

Samples: Open Market Sale (Opthea LTD)

Earnings Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable in a timely manner, an earnings statement 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 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 1 contract

Samples: Votorantim Cimentos S.A.

Earnings Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earnings earning statement 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 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (Insmed Inc)

Earnings Statement. The Company will make generally available to its security holders and to the Representatives Representative as soon as practicable an earnings statement (which need not be audited) 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 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement, which requirement may be satisfied through the Company’s public filings with the Commission via XXXXX.

Appears in 1 contract

Samples: Underwriting Agreement (Novan, Inc.)

Earnings Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable 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 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 1 contract

Samples: Blue Buffalo Pet Products, Inc.

Earnings Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earnings statement 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 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158158 under the Securities Act) of the Registration Statement.

Appears in 1 contract

Samples: Marinemax Inc

Earnings Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earnings statement 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 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement; it being agreed that such obligation may be satisfied by filings made with the Commission’s Electronic Data Gathering, Analysis, and Retrieval system or any successor system (“XXXXX”).

Appears in 1 contract

Samples: Frontdoor, Inc.

Earnings Statement. The Company will agrees to make generally available to its security holders and the Representatives as soon as practicable an earnings statement that satisfies the provisions of holders, in accordance with Section 11(a) of the Securities Act and Rule 158 thereunder, an earnings statement of the Commission promulgated thereunder Company (which need not be audited) in reasonable detail and covering a period of at least twelve 12 months beginning with the first fiscal quarter of the Company occurring after the effective date” (as defined in Rule 158) date of the Registration Statement.

Appears in 1 contract

Samples: National Rural Utilities Cooperative Finance Corp /Dc/

Earnings Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable (which may be satisfied by filing with the Commission’s Electronic Data Gathering, Analysis and Retrieval system) 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 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 1 contract

Samples: Acushnet Holdings Corp.

Earnings Statement. The Company will make generally available to its security holders and the Representatives Underwriters and the Forward Seller as soon as practicable an earnings statement 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 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement, provided that information filed with the Commission via XXXXX shall satisfy this requirement.

Appears in 1 contract

Samples: Underwriting Agreement (Affiliated Managers Group, Inc.)

Earnings Statement. The Company will make generally available to its security holders and the Representatives (including, but not limited to, via public filing with the Commission) as soon as practicable reasonably practicable, an earnings statement 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 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (W. P. Carey Inc.)

Earnings Statement. The As soon as practicable, the Company will make generally available to its security holders and to the Representatives as soon as practicable an earnings statement (which need not be audited) 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 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158) of the Registration Statement.

Appears in 1 contract

Samples: Underwriting Agreement (Active Network Inc)

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