Common use of Earning Statement Clause in Contracts

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system.

Appears in 14 contracts

Samples: Underwriting Agreement (Hamilton Lane Alliance Holdings I, Inc.), Underwriting Agreement (Athenex, Inc.), Letter Agreement (Envista Holdings Corp)

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Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”) or any successor system.

Appears in 13 contracts

Samples: Letter Agreement (Rubius Therapeutics, Inc.), Letter Agreement (Axcella Health Inc.), Letter Agreement (Axcella Health Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”) or any successor system).

Appears in 11 contracts

Samples: Underwriting Agreement (RayzeBio, Inc.), Letter Agreement (Expensify, Inc.), Underwriting Agreement (Revolution Medicines, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system.

Appears in 8 contracts

Samples: Underwriting Agreement (SOPHiA GENETICS SA), Minerva Surgical Inc, Zymergen Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earning 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 12 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; provided that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives Representative to the extent they are it is filed on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”) or any successor system).

Appears in 8 contracts

Samples: Underwriting Agreement (Serve Robotics Inc. /DE/), Underwriting Agreement (Serve Robotics Inc. /DE/), Underwriting Agreement (Maris Tech Ltd.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of promulgated by 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; provided that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system System (“XXXXX”) or any successor system).

Appears in 6 contracts

Samples: Sunnova Energy International Inc., Sunnova Energy International Inc., Sunnova Energy International Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 the Representatives complied with this covenant to the extent they are that such earnings statement is filed in accordance with the rules and regulations of the Commission and on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system.

Appears in 5 contracts

Samples: Underwriting Agreement (Brighthouse Financial, Inc.), Underwriting Agreement (Brighthouse Financial, Inc.), Underwriting Agreement (Brighthouse Financial, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 statement to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system or any successor thereto (“XXXXX”) or any successor system).

Appears in 5 contracts

Samples: Underwriting Agreement (PPD, Inc.), Ortho Clinical Diagnostics Holdings PLC, Bright Health Group Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”) or any successor system.

Appears in 5 contracts

Samples: Underwriting Agreement (New Business Netherlands N.V.), Underwriting Agreement (New Business Netherlands N.V.), Underwriting Agreement (Fiat Chrysler Automobiles N.V.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning 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 the Company will be deemed to have furnished such reports and financial statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system.

Appears in 4 contracts

Samples: Evolent Health, Inc., Evolent Health, Inc., Evolent Health, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 the Representatives Representative to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system.

Appears in 4 contracts

Samples: Underwriting Agreement (Magenta Therapeutics, Inc.), Underwriting Agreement (Magenta Therapeutics, Inc.), Magenta Therapeutics, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 the Representatives to the extent that they are filed on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”) or any successor system.

Appears in 4 contracts

Samples: Underwriting Agreement (Surgery Partners, Inc.), Surgery Partners, Inc., Surgery Partners, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning 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 the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system.

Appears in 4 contracts

Samples: Underwriting Agreement (EVERTEC, Inc.), Underwriting Agreement (EVERTEC, Inc.), Underwriting Agreement (Eloqua, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning 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 the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”) or any successor system.

Appears in 4 contracts

Samples: Underwriting Agreement (Ultragenyx Pharmaceutical Inc.), Ultragenyx Pharmaceutical Inc., Ultragenyx Pharmaceutical Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 the Representatives Representative to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system.

Appears in 4 contracts

Samples: Underwriting Agreement (Madison Square Garden Entertainment Corp.), Underwriting Agreement (Madison Square Garden Entertainment Corp.), Madison Square Garden Entertainment Corp.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXXXxxxx”) or any successor system.

Appears in 4 contracts

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

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as reasonably practicable an 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 the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”) or any successor system).

Appears in 4 contracts

Samples: Vera Therapeutics, Inc., Vera Therapeutics, Inc., Vera Therapeutics, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 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; provided that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are such statement is filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor systemthereto (“EXXXX”).

Appears in 3 contracts

Samples: Waystar Holding Corp., Waystar Holding Corp., Waystar Holding Corp.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXXEXXXX”) or any successor system.

Appears in 3 contracts

Samples: Letter Agreement (Fuelcell Energy Inc), SpringWorks Therapeutics, Inc., Underwriting Agreement (SpringWorks Therapeutics, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earning 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 12 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; provided that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives Representative to the extent they are it is filed on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXXEXXXX) or any successor system).

Appears in 3 contracts

Samples: Underwriting Agreement (Globavend Holdings LTD), Underwriting Agreement (BioNexus Gene Lab Corp), Underwriting Agreement (AiXin Life International, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning 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 the Company will be deemed to have furnished such statements earning statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system).

Appears in 3 contracts

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

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earning 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 the Company will be deemed to have furnished such statements earning statement to its security holders and the Representatives Representative to the extent they are it is filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system).

Appears in 3 contracts

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

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as reasonably practicable an 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 earning statement to its security holders and the Representatives to the extent they are that it is filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) system, or any successor systemsystem and satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission.

Appears in 3 contracts

Samples: Underwriting Agreement (Kala Pharmaceuticals, Inc.), Kala Pharmaceuticals, Inc., Kala Pharmaceuticals, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as reasonably practicable an 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 earning statement to its security holders and the Representatives to the extent they are that such information is filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) system, or any successor systemsystem and satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission.

Appears in 3 contracts

Samples: Constellation Pharmaceuticals Inc, Constellation Pharmaceuticals Inc, Constellation Pharmaceuticals Inc

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”) or any successor system.

Appears in 3 contracts

Samples: Cyteir Therapeutics, Inc., Beam Therapeutics Inc., Beam Therapeutics Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 the Representatives complied with this covenant to the extent they are that such earning statement is filed in accordance with the rules and regulations of the Commission and on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system.

Appears in 3 contracts

Samples: Deposit Agreement (Brighthouse Financial, Inc.), Underwriting Agreement (Brighthouse Financial, Inc.), Brighthouse Financial, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives Underwriters as soon as practicable an earning 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 the Company will be deemed to have furnished such statements to its security holders and the Representatives Underwriters to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”) or any successor system.

Appears in 3 contracts

Samples: Ultragenyx Pharmaceutical Inc., Ultragenyx Pharmaceutical Inc., Ultragenyx Pharmaceutical Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 provided, that the Company will be deemed to have furnished such statements earning statement to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system.

Appears in 2 contracts

Samples: Underwriting Agreement (Royalty Pharma PLC), Underwriting Agreement (Royalty Pharma PLC)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 earnings statement to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system.

Appears in 2 contracts

Samples: Trean Insurance Group, Inc., Trean Insurance Group, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an 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 earnings statement to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system.

Appears in 2 contracts

Samples: Underwriting Agreement (InflaRx N.V.), InflaRx N.V.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system).

Appears in 2 contracts

Samples: Underwriting Agreement (NeuroPace Inc), Eargo, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 provided, that the Company will be deemed to have furnished such statements earnings statement to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system.

Appears in 2 contracts

Samples: Underwriting Agreement (Royalty Pharma PLC), Underwriting Agreement (Royalty Pharma PLC)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 , provided, that the Company will be deemed to have furnished such statements earnings statement to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”) or any successor system.

Appears in 2 contracts

Samples: Clarios International Inc., Clarios International Inc.

Earning Statement. The Company will make generally available (electronically or otherwise) to its security holders and the Representatives as soon as practicable an 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 statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system).

Appears in 2 contracts

Samples: Underwriting Agreement (Teladoc, Inc.), Golden Entertainment, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system System (“XXXXX”) or any successor system).

Appears in 2 contracts

Samples: Letter Agreement (Terns Pharmaceuticals, Inc.), Letter Agreement (Terns Pharmaceuticals, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as reasonably practicable an 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 statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system System (“XXXXX”) or any successor system).

Appears in 2 contracts

Samples: Underwriting Agreement (CS Disco, Inc.), CS Disco, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning 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 12 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; provided that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”) or any successor system).

Appears in 2 contracts

Samples: Underwriting Agreement (HiTek Global Inc.), Underwriting Agreement (HiTek Global Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXXEXXXX”) or any successor system.

Appears in 2 contracts

Samples: Underwriting Agreement (Hamilton Lane Alliance Holdings I, Inc.), Underwriting Agreement (Valtech Se)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 statement to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”) or any successor system).

Appears in 2 contracts

Samples: Underwriting Agreement (Aligos Therapeutics, Inc.), Underwriting Agreement (Aligos Therapeutics, Inc.)

Earning Statement. The Company will make generally available (electronically or otherwise) to its security holders and the Representatives as soon as practicable an 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 (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; provided that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system.

Appears in 2 contracts

Samples: Ceridian HCM Holding Inc., Ceridian HCM Holding Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 the Representatives to the extent they such statements are filed on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”) or any successor system).

Appears in 2 contracts

Samples: Underwriting Agreement (1Life Healthcare Inc), 1Life Healthcare Inc

Earning Statement. The Company will make generally available to its security holders shareholders and the Representatives as soon as practicable an 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 shall be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor to such system.

Appears in 2 contracts

Samples: BioNTech SE, BioNTech SE

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an 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 the Representatives Representative to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXXEXXXX”) or any successor system.

Appears in 2 contracts

Samples: Black Diamond Therapeutics, Inc., Fuelcell Energy Inc

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as reasonably practicable an 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 the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system, or any successor system (“XXXXXEXXXX) or any successor system).

Appears in 2 contracts

Samples: Letter Agreement (Humanigen, Inc), Letter Agreement (Humanigen, Inc)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 statement to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system.

Appears in 2 contracts

Samples: Nuvalent, Inc., Nuvalent, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system.

Appears in 2 contracts

Samples: Lock Up Agreement (Black Knight, Inc.), Black Knight Financial Services, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 statement to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system).

Appears in 1 contract

Samples: Underwriting Agreement (Frequency Therapeutics, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an 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 reports and financial statements to its security holders and the Representatives Representative to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”) or any successor system.

Appears in 1 contract

Samples: Columbus McKinnon Corp

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an 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 the Representatives Representative to the extent that they are filed on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”) or any successor system.

Appears in 1 contract

Samples: Myers Industries Inc

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 the Representatives to the extent that they are filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system.

Appears in 1 contract

Samples: Civitas Therapeutics, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative[s] as soon as practicable an 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 complied with such statements to its security holders and the Representatives to the extent they are filed requirement by filing such an earning statement on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system) (“XXXXX”).

Appears in 1 contract

Samples: Owl Rock Capital Corp

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (XXXXX) or any successor system.

Appears in 1 contract

Samples: Microchip Technology Incorporated (Microchip Technology Inc)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an 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 reports and financial statements to its security holders and the Representatives Representative to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system system. (“XXXXX”) or any successor system.h)

Appears in 1 contract

Samples: Columbus McKinnon Corp

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning 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 the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”) or any successor system.

Appears in 1 contract

Samples: Underwriting Agreement (Truck Hero, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives Underwriters as soon as practicable an 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 satisfied such statements to its security holders and the Representatives requirement to the extent they are such information is filed on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”) or any successor system.

Appears in 1 contract

Samples: Dova Pharmaceuticals, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as reasonably practicable an 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 made generally available such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system).

Appears in 1 contract

Samples: BioAtla, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 earning statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system.

Appears in 1 contract

Samples: Underwriting Agreement (Everyday Health, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning 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 StatementCompany’s registration statement; provided that the Company will be deemed to have furnished such reports and financial statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system.

Appears in 1 contract

Samples: Evolent Health, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as reasonably practicable an 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 the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”) or any successor system.

Appears in 1 contract

Samples: Underwriting Agreement (Digicel Group LTD)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning 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 the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXXEXXXX) or any successor system).

Appears in 1 contract

Samples: Underwriting Agreement (Century Therapeutics, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 reports and financial statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system).

Appears in 1 contract

Samples: Melinta Therapeutics, Inc. /New/

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Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning 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 the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXXEXXXX) or any successor system).

Appears in 1 contract

Samples: Preston Hollow Community Capital, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 securityholders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”) or any successor system).

Appears in 1 contract

Samples: Underwriting Agreement (Olema Pharmaceuticals, Inc.)

Earning Statement. The Company will timely make generally available to its security holders and the Representatives as soon as reasonably practicable an 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 made available to its security holders and the Representatives such statements to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”) or any successor system.

Appears in 1 contract

Samples: Molecular Partners Ag

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 statement to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”) or any successor system.

Appears in 1 contract

Samples: Ellie Mae Inc

Earning Statement. The Company will make generally available (electronically or otherwise) to its security holders and the Representatives Representative as soon as practicable an 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 statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system).

Appears in 1 contract

Samples: Underwriting Agreement (Teladoc, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earning 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 the Company will be deemed to have furnished such statements to its security holders and the Representatives Representative to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system.

Appears in 1 contract

Samples: EVERTEC, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”) or any successor system.

Appears in 1 contract

Samples: aTYR PHARMA INC

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an 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 statement to its security holders and the Representatives Representative to the extent they are it is filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system).

Appears in 1 contract

Samples: Underwriting Agreement (SVMK Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an 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 reports and financial statements to its security holders and the Representatives Representative to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system.

Appears in 1 contract

Samples: Cable One, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an 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 provided, that the Company will be deemed to have furnished such statements statement to its security securities holders and the Representatives Representative to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system.

Appears in 1 contract

Samples: Tyme Technologies, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system.

Appears in 1 contract

Samples: Underwriting Agreement (Progyny, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 provided, that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent that they are filed on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”) or any successor system.

Appears in 1 contract

Samples: Par Pacific Holdings, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as reasonably practicable an 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 the Representatives to the extent that they are filed on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”) or any successor system).

Appears in 1 contract

Samples: Bioventus Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”) or any successor system.

Appears in 1 contract

Samples: Shiloh Industries Inc

Earning Statement. The Company will make generally available to its security holders and the Representatives Underwriters as soon as practicable an earning 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 the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system).

Appears in 1 contract

Samples: Ollie's Bargain Outlet Holdings, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system System (“XXXXX”) or any successor system).

Appears in 1 contract

Samples: Terns Pharmaceuticals, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXXEXXXX) or any successor system).

Appears in 1 contract

Samples: Underwriting Agreement (Games Global LTD)

Earning Statement. The Company will make generally available (electronically or otherwise) to its security holders and the Representatives as soon as reasonably practicable an earning 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; provided that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system).

Appears in 1 contract

Samples: Iron Mountain Inc

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an 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 the Representatives Representative to the extent they are filed on with the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”) or any successor system.

Appears in 1 contract

Samples: Stratasys Ltd.

Earning Statement. The Company will make generally available to its security holders and the Representatives Underwriters as soon as practicable an earning 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 the Company will be deemed to have furnished such statements to its security holders and the Representatives Underwriters to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system.

Appears in 1 contract

Samples: Underwriting Agreement (EVERTEC, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as reasonably practicable an 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 provided, that the Company will be deemed to have furnished comply with such statements to its security holders and requirement by including such earning statement in reports filed under the Representatives to the extent they are filed Exchange Act on the Commission’s Electronic Electronic, Data Gathering, Analysis, Analysis and Retrieval system System (“XXXXX”) or any successor system.

Appears in 1 contract

Samples: Iris Energy LTD

Earning Statement. The Company will make generally available (electronically or otherwise) to its security holders and the Representatives as soon as practicable an 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 (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; provided that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system).

Appears in 1 contract

Samples: Underwriting Agreement (Ceridian HCM Holding Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning 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 the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system.

Appears in 1 contract

Samples: Underwriting Agreement (Braeburn Pharmaceuticals, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 the Representatives to the extent they are filed on the CommissionCommisson’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”) or any successor system.

Appears in 1 contract

Samples: Bluebird Bio, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an 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 the Representatives Representative to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system.

Appears in 1 contract

Samples: Jounce Therapeutics, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as reasonably practicable an 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 made such statements available to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system.

Appears in 1 contract

Samples: ConforMIS Inc

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 provided, that the Company will be deemed to have furnished such statements statement to its security securities holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system.

Appears in 1 contract

Samples: Tyme Technologies, Inc.

Earning Statement. The Company will make generally available (electronically or otherwise) to its security holders and the Representatives Representative as soon as practicable an 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 statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”) or any successor system).

Appears in 1 contract

Samples: Griffon Corp

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an 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 the Representatives Representative to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”) or any successor system.

Appears in 1 contract

Samples: Kaleido Biosciences, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning 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 the Company will be deemed to have furnished such statements to its security holders securityholders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system System (“XXXXX”) or any successor system.

Appears in 1 contract

Samples: Mesoblast LTD

Earning Statement. The Company will make generally available (electronically or otherwise) to its security holders and the Representatives Underwriters as soon as practicable an 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 (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; provided that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system).

Appears in 1 contract

Samples: Ceridian HCM Holding Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 statement to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system.

Appears in 1 contract

Samples: Underwriting Agreement (Nuvalent, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 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; provided that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are such statement is filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system or any successor thereto (“XXXXX”) or any successor system).

Appears in 1 contract

Samples: Underwriting Agreement (Waystar Holding Corp.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 provided, that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”) or any successor system.

Appears in 1 contract

Samples: Revolution Medicines, Inc.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an 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 , it being understood and agreed that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed made available on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system System (“XXXXX”) or any successor system).

Appears in 1 contract

Samples: Underwriting Agreement (Landos Biopharma, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earning 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 12 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; provided that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives Representative to the extent they are it is filed on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”) or any successor systemSystem.

Appears in 1 contract

Samples: Underwriting Agreement (Coya Therapeutics, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an 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 the Representatives Representative to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”) or any successor system.

Appears in 1 contract

Samples: Underwriting Agreement (Nine Energy Service, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning 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 12 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; provided that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”) or any successor system“).

Appears in 1 contract

Samples: Underwriting Agreement (HiTek Global Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as reasonably practicable an 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 the Representatives Representative to the extent they are filed on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”) or any successor system.

Appears in 1 contract

Samples: Solid Biosciences Inc.

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