Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.
Appears in 95 contracts
Samples: Purchase Agreement (MDxHealth SA), Underwriting Agreement (Progenity, Inc.), Purchase Agreement (Nyxoah SA)
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 16 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulationsthereunder.
Appears in 25 contracts
Samples: Underwriting Agreement (CDT Environmental Technology Investment Holdings LTD), Underwriting Agreement (Li Bang International Corp Inc.), Agreement (CDT Environmental Technology Investment Holdings LTD)
Rule 158. The Company will make generally available to its security holders securityholders as soon as practicable, but in no any event not later than 15 eighteen months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (whichas defined in Rule 158(c)), for purposes of this paragraph, will be deemed to be the effective date an earnings statement of the Rule 462(bCompany and its subsidiaries (which need not be audited) Registration Statement, if applicable) that shall satisfy the provisions of complying with Section 11(a) of the Act and Rule 158 of the Rules and RegulationsRegulations (including, at the option of the Company, Rule 158).
Appears in 23 contracts
Samples: Underwriting Agreement (State Street Corp), Underwriting Agreement (State Street Corp), Underwriting Agreement (State Street Corp)
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.
Appears in 12 contracts
Samples: Underwriting Agreement (Orthopediatrics Corp), Underwriting Agreement (Orthopediatrics Corp), Underwriting Agreement (Orthopediatrics Corp)
Rule 158. The Company will make generally available to its security holders as soon as practicable, practicable but in no event not later than 15 months 45 days after the end close of the period covered thereby, an earnings statement of the Company (in form complying with the provisions of Rule 158 of the rules and regulations under the Securities Act) covering a twelve-month period beginning not later than the first day of the Company’s current fiscal quarter, an earnings statement quarter next following the “effective date” (which need not be auditedas defined in Rule 158) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.
Appears in 11 contracts
Samples: Sales Agency Financing Agreement (Southern Co), Sales Agency Financing Agreement (Southern Co), Sales Agency Financing Agreement (Southern Co)
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations.
Appears in 9 contracts
Samples: Underwriting Agreement (Connexa Sports Technologies Inc.), Underwriting Agreement (Direct Digital Holdings, Inc.), Underwriting Agreement (Direct Digital Holdings, Inc.)
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month 12‑month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations.
Appears in 9 contracts
Samples: Underwriting Agreement (Liqtech International Inc), Purchase Agreement (Infinity Pharmaceuticals, Inc.), Underwriting Agreement (Heritage Global Inc.)
Rule 158. The Company will make generally available to its security holders and the Underwriters, as soon as practicableit is practicable to do so, but in no any event not later than 15 months after the end effective date of the Company’s current fiscal quarterRegistration Statement, an earnings statement (which need not be audited) in reasonable detail, covering a 12-month period of at least 12 consecutive months beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that which earnings statement shall satisfy the provisions requirements of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations.
Appears in 8 contracts
Samples: Underwriting Agreement (Carrizo Oil & Gas Inc), Underwriting Agreement (Carrizo Oil & Gas Inc), Underwriting Agreement (Carrizo Oil & Gas Inc)
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 16 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of thereunder. Documents filed with the Rules and RegulationsCommission pursuant to its EXXXX system shall be deemed to have satisfied the Company’s requirements under this Section.
Appears in 8 contracts
Samples: Underwriting Agreement (J-Star Holding Co., Ltd.), Underwriting Agreement (Lobo Ev Technologies LTD), Underwriting Agreement (Lobo Ev Technologies LTD)
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month 12‑month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.
Appears in 7 contracts
Samples: Underwriting Agreement (Agilysys Inc), Underwriting Agreement (Viking Therapeutics, Inc.), Underwriting Agreement (Viking Therapeutics, Inc.)
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-12 month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.
Appears in 6 contracts
Samples: Underwriting Agreement (OptimizeRx Corp), Underwriting Agreement (OptimizeRx Corp), Underwriting Agreement (OptimizeRx Corp)
Rule 158. The Company will make generally available to its security holders as As soon as practicable, but in no event not later than 15 16 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (whichas defined in Rule 158(c) under the Act), for purposes the Company will make generally available to its securityholders an earnings statement covering a period of this paragraph, at least 12 months which will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of under the Rules and RegulationsAct.
Appears in 5 contracts
Samples: Underwriting Agreement (Laureate Education, Inc.), Underwriting Agreement (Laureate Education, Inc.), Underwriting Agreement (Wengen Alberta, LP)
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 16 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of thereunder. Documents filed with the Rules and RegulationsCommission pursuant to its XXXXX system shall be deemed to have satisfied the Company’s requirements under this Section.
Appears in 5 contracts
Samples: Underwriting Agreement (UTime LTD), Underwriting Agreement (UTime LTD), Underwriting Agreement (UTime LTD)
Rule 158. The As soon as practicable, but not later than 16 months, after the effective date of the Registration Statement (as defined in Rule 158(c) under the Act), the Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, securityholders an earnings statement (which need not be audited) covering a 12-month period of at least 12 months beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy Agreement and satisfying the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations158.
Appears in 4 contracts
Samples: Underwriting Agreement (NVR Inc), Underwriting Agreement (NVR Inc), Underwriting Agreement (NVR Inc)
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event not later than 15 months 90 days after the end close of the Company’s current fiscal quarterperiod covered thereby, an earnings statement (which need not be auditedin form complying with the provisions of Rule 158 of the 1933 Act Regulations) covering a 12-each twelve month period beginning after beginning, in each case, not later than the first day of the Company's fiscal quarter next following the "effective date date" (as defined in such Rule 158) of the Registration Statement (which, for purposes with respect to each sale of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and RegulationsOffered Securities.
Appears in 4 contracts
Samples: Terms Agreement (Jabil Circuit Inc), Terms Agreement (Jabil Circuit Inc), Jabil Circuit Inc
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 16 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month 12‑month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulationsthereunder.
Appears in 4 contracts
Samples: Underwriting Agreement (SolarMax Technology, Inc.), Underwriting Agreement (SolarMax Technology, Inc.), Underwriting Agreement (SolarMax Technology, Inc.)
Rule 158. The Company will make generally available to its security holders as soon as practicable, practicable but in no event not later than 15 months 45 days after the end close of the Company’s current fiscal quarterperiod covered thereby, an earnings statement of the Company (which need not be auditedin form complying with the provisions of Rule 158 of the rules and regulations under the Securities Act) covering a 12twelve-month period beginning after not later than the first day of the Company's fiscal quarter next following the “effective date date” (as defined in Rule 158) of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.
Appears in 4 contracts
Samples: Sales Agency Financing Agreement (Southern Co), Sales Agency Financing Agreement (Southern Co), Sales Agency Financing Agreement (Southern Co)
Rule 158. The Company will make generally available to its security holders securityholders as soon as practicable, but in no any event not later than 15 sixteen months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (whichas defined in Rule 158(c) under the 1933 Act), for purposes of this paragraph, will be deemed to be the effective date an earnings statement of the Rule 462(bCompany and its Subsidiaries (which need not be audited) Registration Statement, if applicable) that shall satisfy the provisions of complying with Section 11(a) of the 1933 Act and Rule 158 the rules and regulations of the Rules and RegulationsCommission thereunder (including, at the option of the Company, Rule158).
Appears in 3 contracts
Samples: Underwriting Agreement (Aeterna Zentaris Inc.), Underwriting Agreement (Aeterna Zentaris Inc.), Underwriting Agreement (Aeterna Zentaris Inc.)
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event not later than 15 months 90 days after the end close of the Company’s current fiscal quarterperiod covered thereby, an earnings statement (which need not be auditedin form complying with the provisions of Rule 158 of the 1933 Act Regulations) covering a 12twelve-month period beginning after not later than the first day of the Company's fiscal quarter next following the "effective date date" (as defined in said Rule 158) of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.
Appears in 3 contracts
Samples: Purchase Agreement (Price Reit Inc), Price Reit Inc, Price Reit Inc
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the 1933 Act and Rule 158 of the Rules and Regulations.
Appears in 3 contracts
Samples: Underwriting Agreement (Abacus Life, Inc.), Underwriting Agreement (Abacus Life, Inc.), Underwriting Agreement (Abacus Life, Inc.)
Rule 158. The Company will make generally available to its security holders and to deliver to the Representative as soon as practicable, but in no any event not later than 15 months after the end of the Company’s current fiscal quarter, quarter first occurring after the first anniversary of the effective date of the Registration Statement an earnings statement complying with the provisions of Section 11(a) of the Securities Act (which need not be auditedin form, at the option of the Company, complying with the provisions of Rule 158 of the Securities Act Regulations) covering a 12-month period of 12 months beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.
Appears in 3 contracts
Samples: Underwriting Agreement (Banuestra Financial CORP), Underwriting Agreement (Banuestra Financial CORP), Underwriting Agreement (Banuestra Financial CORP)
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event not later than 15 months 45 days after the end close of the Company’s current fiscal quarterperiod covered thereby, an earnings statement of the Company (which need not be auditedin form complying with the provisions of Rule 158 of the 1933 Act Regulations), covering (i) covering a 12-month period of 12 months beginning after the effective date of the Registration Statement but not later than the first day of the Company's fiscal quarter next following such effective date and (which, for purposes ii) a period of 12 months beginning after the date of this paragraph, will be deemed to be Agreement but not later than the effective first day of the Company's fiscal quarter next following the date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulationsthis Agreement.
Appears in 3 contracts
Samples: Bedford Property Investors Inc/Md, Bedford Property Investors Inc/Md, Bedford Property Investors Inc/Md
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations, provided that the Company will be deemed to have complied with such requirement by filing such earning statement on the Commission’s Electronic Data Gather, Analysis and Retrieval System (or any successor system).
Appears in 3 contracts
Samples: Underwriting Agreement (Microvision, Inc.), Underwriting Agreement (Microvision, Inc.), Underwriting Agreement (Microvision, Inc.)
Rule 158. The Company will make generally available to its security holders as soon as practicablepracticable (which may be satisfied by filing its annual report on Form 10-K with the Commission’s XXXXX system), but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.
Appears in 2 contracts
Samples: Registration Rights Agreement (Spring Bank Pharmaceuticals, Inc.), Underwriting Agreement (Spring Bank Pharmaceuticals, Inc.)
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 16 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of thereunder. Documents filed with the Rules and RegulationsCommission pursuant to its EXXXX system shall be deemed to have the Company’s requirements under this Section.
Appears in 2 contracts
Samples: Underwriting Agreement (REED LTD), Underwriting Agreement (REED LTD)
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event not later than 15 months 90 days after the end close of the Company’s current fiscal quarterperiod covered thereby, an earnings statement (which need not be audited, but in form complying with the provisions of Rule 158 of the 1933 Act Regulations) of the Company covering a 12twelve-month period beginning after not later than the first day of the Company's fiscal quarter next following the "effective date date" (as defined in said Rule 158) of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.
Appears in 2 contracts
Samples: International Purchase Agreement (Ocean Energy Inc), Ocean Energy Inc
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 sixteen (16) months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a twelve (12-) month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of thereunder. Documents filed with the Rules and RegulationsCommission pursuant to its EXXXX system shall be deemed to have satisfied the Company’s requirements under this Section.
Appears in 2 contracts
Samples: Underwriting Agreement (Syra Health Corp), Underwriting Agreement (Syra Health Corp)
Rule 158. The Company will make generally available to its security holders holders, as soon as practicableit is practicable to do so, but in no any event not later than 15 months after the end effective date of the Company’s current fiscal quarterRegistration Statement, an earnings earning statement (which need not be audited) in reasonable detail, covering a 12-month period of at least 12 consecutive months beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that which earning statement shall satisfy the provisions requirements of Section 11(a) of the 1933 Act and Rule 158 of the Rules and RegulationsRegulations and will advise you in writing when such statement has been so made available.
Appears in 2 contracts
Samples: Underwriting Agreement (Wesley Jessen Visioncare Inc), Underwriting Agreement (Wesley Jessen Visioncare Inc)
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings earning statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations.
Appears in 2 contracts
Samples: Underwriting Agreement (Alcobra Ltd.), Purchase Agreement (Alcobra Ltd.)
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.
Appears in 2 contracts
Samples: Underwriting Agreement (Global Market Group LTD), Underwriting Agreement (Global Market Group LTD)
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 16 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of thereunder. Documents filed with the Rules and RegulationsCommission pursuant to its XXXXX system shall be deemed to have the Company’s requirements under this Section.
Appears in 2 contracts
Samples: Underwriting Agreement (Elite Education Group International LTD), Underwriting Agreement (MingZhu Logistics Holdings LTD)
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month 12‑month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations. Any report, communication or financial statement furnished or filed with the Commission that is publicly available on XXXXX shall be deemed to have been furnished to such security holders at the time furnished or filed with the Commission.
Appears in 2 contracts
Samples: Underwriting Agreement (aTYR PHARMA INC), Purchase Agreement (aTYR PHARMA INC)
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s 's current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month 12‑month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations.
Appears in 2 contracts
Samples: Purchase Agreement (Chembio Diagnostics, Inc.), Purchase Agreement (Motorcar Parts America Inc)
Rule 158. The Company will make generally available to its security holders and to the Representative as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations, provided that the Company will be deemed to have complied with such requirement by filing such earning statement on the Commission’s Electronic Data Gather, Analysis and Retrieval System (or any successor system).
Appears in 2 contracts
Samples: Underwriting Agreement (Microvision, Inc.), Underwriting Agreement (Microvision, Inc.)
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations, which such obligation may be satisfied by the Company’s filing applicable annual and quarterly reports on Form 10-K and Form 10-Q with the Commission.
Appears in 2 contracts
Samples: Underwriting Agreement (Biolase, Inc), Underwriting Agreement (Biolase, Inc)
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations; provided, however, that the Company will be deemed to have furnished such statement to security holders and the Representative to the extent filed on EXXXX.
Appears in 1 contract
Samples: Underwriting Agreement (Anebulo Pharmaceuticals, Inc.)
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event not later than 15 months 90 days after the end close of the Company’s current fiscal quarterperiod covered thereby, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy in form complying with the provisions of Section 11(a) of the Act and Rule 158 of the Rules and 1933 Act Regulations) covering a twelve month period beginning not later than the first day of the Company's fiscal quarter next following the "effective date" (as defined in such Rule 158) of the Registration Statement.
Appears in 1 contract
Samples: Colonial Properties Trust
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations.
Appears in 1 contract
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations; provided, that the Company will be deemed to have furnished such statements to its security holders to the extent they are filed on XXXXX.
Appears in 1 contract
Rule 158. The Company will make generally available to its security holders securityholders as soon as practicable, but in no any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after for the effective date of purposes of, and to provide to the Registration Statement (whichPlacement Agent the benefits contemplated by, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions last paragraph of Section 11(a) of the Act and Rule 158 of the Rules and RegulationsSecurities Act; provided, however, that the Company will be deemed to have furnished such statement to its securityholders to the extent they are filed on XXXXX or any successor system.
Appears in 1 contract
Samples: Equity Distribution Agreement (Aileron Therapeutics, Inc.)
Rule 158. The Company will shall make generally available to its security holders holders, in the manner contemplated by Rule 158(b) under the Securities Act, as soon as practicable, practicable but in no any event not later than 15 months 60 days after the end of its fiscal quarter in which the Company’s current fiscal quarterfirst anniversary date of the effective date of the Registration Statement occurs, an earnings statement (which need not be auditedwill comply with Section 11(a) of the Securities Act covering a 12-month period of at least 12 consecutive months beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.
Appears in 1 contract
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month 12month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations.. US.131466268.03
Appears in 1 contract
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month 12month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations.
Appears in 1 contract
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarterquarter first occurring after the first anniversary of the “effective date” (as defined in Rule 158 of the Securities Act Regulations) of the Registration Statement, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Securities Act Regulations.
Appears in 1 contract
Samples: Purchase Agreement (Quantum Fuel Systems Technologies Worldwide, Inc.)
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month 12‑month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.
Appears in 1 contract
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month 12month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations.
Appears in 1 contract
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after practicable (which may be satisfied by filing its annual report on Form 10-K with the end of the CompanyCommission’s current fiscal quarter, XXXXX system) an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.
Appears in 1 contract
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations. If such earnings statement is available on XXXXX it shall be deemed to be generally available to security holders.
Appears in 1 contract
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 16 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations.
Appears in 1 contract
Rule 158. The Company will make generally available to its security holders as soon as practicablepracticable (which may be satisfied by filing its annual report on Form 10-K with the Commission’s XXXXX system), but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month 12‑month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.
Appears in 1 contract
Samples: Underwriting Agreement (Spring Bank Pharmaceuticals, Inc.)
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event not later than 15 months 90 days after the end close of the Company’s current fiscal quarterperiod covered thereby, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy in form complying with the provisions of Section 11(a) of the Act and Rule 158 of the Rules and 1933 Act Regulations) covering a twelve- month period beginning not later than the first day of the Company's fiscal quarter next following the "effective date" (as defined in said Rule 158) of the Registration Statement.
Appears in 1 contract
Samples: Purchase Agreement (Evans Withycombe Residential Inc)
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarterquarter (which may be satisfied by filing on XXXXX), an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations.
Appears in 1 contract
Samples: Common Stock (Sientra, Inc.)
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations; provided the Company will be deemed to have furnished such statement to security holders and the Representative to the extent it is filed on XXXXX.
Appears in 1 contract
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarterquarter (which may be satisfied by filing on XXXXX), an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.
Appears in 1 contract
Samples: Purchase Agreement (Sientra, Inc.)
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s 's current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations.
Appears in 1 contract
Samples: Purchase Agreement (S&W Seed Co)
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.covering
Appears in 1 contract
Rule 158. The Company will make generally available to its -------- security holders holders, as soon as practicableit is practicable to do so, but in no any event not later than 15 months after the end effective date of the Company’s current fiscal quarterRegistration Statement, an earnings earning statement (which need not be audited) in reasonable detail, covering a 12-month period of at least 12 consecutive months beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that which earning statement shall satisfy the provisions requirements of Section 11(a) of the 1933 Act and Rule 158 of the Rules and RegulationsRegulations and will advise you in writing when such statement has been so made available.
Appears in 1 contract
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Act and Rule 158 of the Rules and Regulations.)
Appears in 1 contract
Rule 158. The As soon as practicable, the Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period of at least 12 months beginning with the first fiscal quarter of the Company occurring after the effective date Effective Time of the Initial Registration Statement (whichor, for purposes of this paragraphif later, will be deemed to be the effective date Effective Time of the Rule 462(b) Additional Registration Statement, if applicable) that shall which will satisfy the provisions of Section 11(a) of the Act and Rule 158 of under the Rules and RegulationsAct; provided that the Company will be deemed to have furnished such statements to its security holders to the extent they are filed on the Commissions XXXXX system.
Appears in 1 contract
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month 12‑month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulationspromulgated thereunder.
Appears in 1 contract
Samples: Underwriting Agreement (Gemphire Therapeutics Inc.)
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month 12‑month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations.
Appears in 1 contract
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations; provided, that the Company will be deemed to have furnished such statements to its security holders to the extent they are filed on XXXXX.
Appears in 1 contract
Rule 158. The As soon as practicable, the Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after and to the end of the Company’s current fiscal quarter, Representative an earnings statement (which need not be audited) covering a 12-month period of at least 12 months beginning after the effective date time of the Registration Statement (which, for purposes of this paragraph, which will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of under the Rules and RegulationsSecurities Act.
Appears in 1 contract
Samples: Lizhi Inc.
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations.. 21
Appears in 1 contract
Samples: Underwriting Agreement
Rule 158. The Company will make generally available to its security holders as soon as practicable, but in no event later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement (which need not be audited) covering a 12-month period beginning after the effective date of the Registration Statement (which, for purposes of this paragraph, will be deemed to be the effective date of the Rule 462(b) Registration Statement, if applicable) that shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Rules and Regulations. Any report, communication or financial statement furnished or filed with the Commission that is publicly available on XXXXX shall be deemed to have been furnished to such security holders at the time furnished or filed with the Commission.
Appears in 1 contract
Samples: Underwriting Agreement (Catalyst Biosciences, Inc.)