Common use of Earnings Statements Clause in Contracts

Earnings Statements. As soon as practicable, the Company will make generally available to its security holders and to the Manager an earnings statement or statements of the Company and its Subsidiaries which will satisfy the provisions of Section 11(a) of the Act and Rule 158. For the avoidance of doubt, the Company’s compliance with the reporting requirements of the Exchange Act shall be deemed to satisfy the requirements of this Section 4(d).

Appears in 84 contracts

Samples: The Market Offering Agreement (Interactive Strength, Inc.), Market Offering Agreement (Nauticus Robotics, Inc.), Market Offering Agreement (GRI BIO, Inc.)

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Earnings Statements. As soon as practicable, the Company will make generally available to its security holders and to the Manager an earnings statement or statements of the Company and its Subsidiaries which will satisfy the provisions of Section 11(a) of the Act and Rule 158. For the avoidance of doubt, the Company’s compliance with the reporting requirements of the Exchange Act shall be deemed to satisfy the requirements of this Section 4(d).

Appears in 61 contracts

Samples: Market Offering Agreement (Air T Funding), Market Offering Agreement (VivoPower International PLC), Market Offering Agreement (Marathon Digital Holdings, Inc.)

Earnings Statements. As soon as commercially practicable, the Company will make generally available to its security holders and to the Manager an earnings statement or statements of the Company and its Subsidiaries which will satisfy the provisions of Section 11(a) of the Act and Rule 158. For the avoidance of doubt, the Company’s compliance with the reporting requirements of the Exchange Act shall be deemed to satisfy the requirements of this Section 4(d).

Appears in 10 contracts

Samples: Market Offering Agreement (MAIA Biotechnology, Inc.), Terms Agreement (ThermoGenesis Holdings, Inc.), Market Offering Agreement (Iterum Therapeutics PLC)

Earnings Statements. As soon as practicable, the Company will make generally available to its security holders and to the Manager Managers an earnings statement or statements of the Company and its Subsidiaries which will satisfy the provisions of Section 11(a) of the Act and Rule 158. For the avoidance of doubt, the Company’s compliance with the reporting requirements of the Exchange Act shall be deemed to satisfy the requirements of this Section 4(d).

Appears in 5 contracts

Samples: Terms Agreement (TRX GOLD Corp), Market Offering Agreement (Pear Therapeutics, Inc.), Market Offering Agreement (Zedge, Inc.)

Earnings Statements. As soon as practicable, the Company will make generally available to its security holders and to the Manager an earnings statement or statements of the Company and its Subsidiaries which will satisfy the provisions of Section 11(a) of the Act and Rule 158. For the avoidance purposes of doubtclarity, the Company’s compliance with the reporting requirements of the Exchange Act shall be deemed to satisfy the requirements of this Section 4(d).

Appears in 4 contracts

Samples: Market Offering Agreement (Ekso Bionics Holdings, Inc.), Market Offering Agreement (Kindred Biosciences, Inc.), Market Offering Agreement (ENDRA Life Sciences Inc.)

Earnings Statements. As soon as reasonably practicable, the Company will make generally available to its security holders and to the Manager an earnings statement or statements of the Company and its Subsidiaries which will satisfy the provisions of Section 11(a) of the Act and Rule 158. For the avoidance of doubt, the Company’s compliance with the reporting requirements of the Exchange Act shall be deemed to satisfy the requirements of this Section 4(d).

Appears in 4 contracts

Samples: Market Offering Agreement (Nemaura Medical Inc.), Market Offering Agreement (Ra Medical Systems, Inc.), Market Offering Agreement (Acorda Therapeutics Inc)

Earnings Statements. As soon as practicable, the Company will make generally available to its security holders and to the Manager an earnings statement or statements of the Company and its Subsidiaries which will satisfy the provisions of Section 11(a) of the Act and Rule 158. For the avoidance of doubt, the Company’s compliance with the reporting requirements of the Exchange Act shall be deemed to satisfy the requirements of this Section 4(d4(e).

Appears in 3 contracts

Samples: Market Offering Agreement (Digihost Technology Inc.), Market Offering Agreement (Bitfarms LTD), Bitfarms LTD

Earnings Statements. As soon as practicable, the Company will make generally available to its security holders and to the Manager an earnings statement or statements of the Company and its Subsidiaries which will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158. For the avoidance of doubt, the Company’s compliance with the reporting requirements of the Exchange Act shall be deemed to satisfy the requirements of this Section 4(d5(e).

Appears in 2 contracts

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

Earnings Statements. As soon as commercially practicable, the Company will make generally available to its security holders and to the Manager an earnings statement or statements of the Company and its Subsidiaries which will satisfy the provisions of Section 11(a) of the Act and Rule 158. For the avoidance of doubt, The parties agree that the Company’s compliance with the reporting requirements of the Exchange Act shall be deemed to satisfy the requirements of this Section 4(d).

Appears in 2 contracts

Samples: Market Offering Agreement (Opgen Inc), Market Offering Agreement (Opgen Inc)

Earnings Statements. As soon as practicable, the Company will make generally available to its security holders and to the Manager Agents an earnings statement or statements of the Company and its Subsidiaries which will satisfy the provisions of Section 11(a) of the Act and Rule 158. For the avoidance of doubt, the Company’s compliance with the reporting requirements of the Exchange Act shall be deemed to satisfy the requirements of this Section 4(d).

Appears in 1 contract

Samples: Terms Agreement (U.S. GoldMining Inc.)

Earnings Statements. As soon as commercially practicable, the Company will make generally available to its security holders and to the Manager Managers an earnings statement or statements of the Company and its Subsidiaries which will satisfy the provisions of Section 11(a) of the Act and Rule 158. For the avoidance of doubt, The parties agree that the Company’s compliance with the reporting requirements of the Exchange Act shall be deemed to satisfy the requirements of this Section 4(d).

Appears in 1 contract

Samples: Terms Agreement (Opgen Inc)

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Earnings Statements. As soon as practicable, the Company will make generally available to its security holders and to the Manager an earnings statement or statements of the Company and its Subsidiaries which will satisfy the provisions of Section 11(a) of the Act and Rule 158. For the avoidance of doubt, the Company’s compliance with the reporting requirements of the Exchange Act shall be deemed to satisfy the requirements of this Section 4(d5(e).

Appears in 1 contract

Samples: Market Offering Agreement (Hut 8 Mining Corp.)

Earnings Statements. As soon as practicable, the Company will make generally available to its security holders and to the Manager an earnings statement or statements of the Company and its Subsidiaries which will satisfy the provisions of Section 11(a) of the Act and Rule 158. For the avoidance of doubt, the Company’s 's compliance with the reporting requirements of the Exchange Act shall be deemed to satisfy the requirements of this Section 4(d5(e).

Appears in 1 contract

Samples: Market Offering Agreement (HIVE Blockchain Technologies Ltd.)

Earnings Statements. As soon as practicable, the Company will make generally available to its security holders and to the Manager an earnings statement or statements of the Company and its Subsidiaries which will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158. For the avoidance of doubt, the Company’s compliance with the reporting requirements of the Exchange Act shall be deemed to satisfy the requirements of this Section 4(d).

Appears in 1 contract

Samples: Market Offering Agreement (XORTX Therapeutics Inc.)

Earnings Statements. As soon as practicable, the Company will make generally available to its security holders and to the Manager an earnings statement or statements of the Company and its Subsidiaries which will satisfy the provisions of Section 11(a) of the Act and Rule 158. For the avoidance of doubt, the Company’s compliance with the reporting requirements of the Exchange Act shall be deemed to satisfy the requirements of this Section 4(d).. ​

Appears in 1 contract

Samples: Market Offering Agreement (ProMIS Neurosciences Inc.)

Earnings Statements. As soon as practicable, the Company will make generally available to its security holders and to the Manager an earnings statement or statements of the Company and its Subsidiaries via XXXXX which will satisfy the provisions of Section 11(a) of the Act and Rule 158. For the avoidance of doubt, the Company’s compliance with the reporting requirements of the Exchange Act shall be deemed to satisfy the requirements of this Section 4(d).

Appears in 1 contract

Samples: Market Offering Agreement (Xenetic Biosciences, Inc.)

Earnings Statements. As soon as practicable, the Company will make generally available to its security holders and to the Manager an earnings statement or statements of the Company and its Subsidiaries which will satisfy the provisions of Section 11(a) of the Act and Rule 158. For the avoidance of doubt, the The Company’s compliance with the reporting requirements of the Exchange Act shall be deemed to satisfy the requirements of this Section 4(d).

Appears in 1 contract

Samples: Market Offering Agreement (Solitario Zinc Corp.)

Earnings Statements. As soon as practicable, the Company will make generally available to its security holders and to the Manager an earnings statement or statements of the Company and its Subsidiaries which will satisfy the provisions of Section 11(a) of the Act and Rule 158. For the avoidance of doubt, the Company’s compliance with the reporting requirements of the Exchange Act shall be deemed to satisfy the requirements of this Section 4(d).. (e)

Appears in 1 contract

Samples: Market Offering Agreement (Caladrius Biosciences, Inc.)

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