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 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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”).

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, it being understood and agreed provided that (i) such earning statement delivery requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 thereof and (ii) such delivery requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”)System.

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 (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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”).

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative 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 (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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings earning statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”).

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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”).

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as reasonably 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, it being understood and agreed provided, however, that (i) such earning statement requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (ii) such requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”)System.

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 (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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings earning statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”).

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, it being understood and agreed however, that (1) such earning statement delivery requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (2) such delivery requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system System (“XXXXX”).

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, it being understood and agreed ; provided that such earning statement delivery requirements to the Company’s security holders and the Representatives shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”)thereof.

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, it being understood and agreed provided that (i) such earning statement delivery requirements to the Company’s shareholders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (ii) such delivery requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system System (“XXXXX”).

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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if (i) the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if (ii) such compliance satisfies the conditions of Rule 158 158, and if (iii) such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”).

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, it being understood and agreed that such earning earnings statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”).

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as reasonably 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 each of the Registration Statement, it being understood and agreed provided, however, that (1) such earning statement requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (2) such requirements to the Representative shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”)System or any successor system.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as reasonably 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 (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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”).

Earning Statement. The Company will make generally available to its security holders and the Representatives Underwriters as soon as reasonably 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, it being understood and agreed provided, however, that (1) such earning statement requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (2) such requirements to the Underwriters shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”)System or any successor system.

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative 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, it being understood and agreed ; provided that (i) such earning statement delivery requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 of the Commission and if (ii) such earnings statement is delivery requirements to the Representative shall be deemed met by the Company to have been made available the extent the related reports are filed on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”)system.

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, it being understood and agreed however, that (1) such earning statement delivery requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (2) such delivery requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”)System.

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, it being understood and agreed ; provided that (i) such earning statement delivery requirements to the Company’s security holders shall be deemed to have been made available satisfied by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 of the Commission and if (ii) such earnings statement is delivery requirements to the Representatives shall be deemed met by the Company to have been made available the extent the related reports are filed on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”)system.

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, it being understood and agreed provided that (i) such earning statement delivery requirements to the Company’s shareholders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (ii) such delivery requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system System (“XXXXXEXXXX”).

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as reasonably 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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in Company’s compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”).

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 (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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”).

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, it being understood and agreed ; provided that (i) such earning statement requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (ii) such requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”)System.

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative 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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”).

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, it being understood and agreed ; provided that (i) such earning statement requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (ii) such requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Gathering Analysis, and Retrieval system (“XXXXX”)system.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as reasonably 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, it being understood and agreed however, that (1) such earning statement requirements to the Company’s security holders shall be deemed met by the Company’s compliance with its reporting requirements pursuant to have been made available the Exchange Act if such compliance satisfies all of the conditions and requirements of Rule 158 and (2) such requirements to the Representatives shall be deemed met by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if related reports containing such compliance satisfies the conditions of Rule 158 and if such earnings earning statement is deemed to have been made are available on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”)System.

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as reasonably 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, it being understood and agreed that such earning earnings statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”).

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, it being understood and agreed provided that (i) such earning statement delivery requirements to the Company's shareholders shall be deemed to have been made available met by the Company if the Company is in Company's compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (ii) such delivery requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s 's Electronic Data Gathering, Analysis, Analysis and Retrieval system System (“XXXXX”"EDGAR").

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, it being understood and agreed provided, however, that (1) such earning statement requirements to the Company’s stockholders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (2) such requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”)System.

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, it being understood and agreed however, that (1) such earning statement delivery requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (2) such delivery requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”).

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative 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 (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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings earning statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”)EXXXX.

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, it being understood and agreed that such earning statement shall be deemed determined to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system System (“XXXXX”).

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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if (i) the Company is in compliance incompliance with its reporting obligations pursuant to the Exchange Act, if (ii) such compliance satisfies the conditions of Rule 158 158, and if (iii) such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”).

Earning Statement. The Company will make generally available to its security holders and the Representatives BAS 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, it being understood and agreed provided that (i) such earning statement delivery requirements to the Company’s shareholders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (ii) such delivery requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system System (“XXXXX”).

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, it being understood and agreed provided that (i) such earning statement delivery requirements to the Company’s shareholders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (ii) such delivery requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system System (“‘‘XXXXX”’’).

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as reasonably 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 each of the Registration StatementStatements, it being understood and agreed provided, however, that (1) such earning statement requirements to the Company’s stockholders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (2) such requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”)System.

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, it being understood and agreed that such earning earnings statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”).

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as reasonably 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, it being understood and agreed however, that (1) such earning statement requirements to the Company's security holders shall be deemed met by the Company's compliance with its reporting requirements pursuant to have been made available the Exchange Act if such compliance satisfies all of the conditions and requirements of Rule 158 and (2) such requirements to the Representatives shall be deemed met by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if related reports containing such compliance satisfies earnings statements satisfy all of the conditions of Rule 158 and if such earnings statement is deemed to have been made are available on the Commission’s 's Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”)System.

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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 and if such earnings earning statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”)) .

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, it being understood and agreed however, that (1) such earning statement requirements to the Company’s security holders shall be deemed met by the Company’s compliance with its reporting requirements pursuant to have been made available the Exchange Act if such compliance satisfies all of the conditions and requirements of Rule 158 and (2) such requirements to the Representatives shall be deemed met by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if related reports containing such compliance satisfies the conditions of Rule 158 and if such earnings earning statement is deemed to have been made are available on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”)System.

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, it being understood and agreed however, that (1) such earning statement delivery requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (2) such delivery requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”).

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 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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings earning statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”).

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative 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, it being understood and agreed however, that (1) such earning statement delivery requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (2) such delivery requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”)System.

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, it being understood and agreed that such earning earnings statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”).

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative 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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXXEXXXX”).

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative 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, it being understood and agreed that such earning statement shall be deemed determined to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system System (“XXXXX”).

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as reasonably 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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Section 11(a) of the Securities Act and Rule 158 158, and if such earnings earning statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”).

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, it being understood and agreed ; provided that (i) such earning statement delivery requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 of the Commission and if (ii) such earnings statement is delivery requirements to the Representatives shall be deemed met by the Company to have been made available the extent the related reports are filed on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”)system.

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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXXEXXXX”).

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative 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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”)system.

Earning Statement. The Company will make generally available to its security holders stockholders 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, it being understood and agreed provided, however, that (1) such earning statement requirements to the Company’s stockholders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (2) such requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system (“XXXXX”)System.

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, it being understood and agreed ; provided that (i) such earning statement delivery requirements to the Company’s security holders shall be deemed to have been made available satisfied by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (ii) such delivery requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data GatheringGather, Analysis, Analysis and Retrieval system System (“XXXXX”).

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, it being understood and agreed however, that (1) such earning statement delivery requirements to the Company’s security holders shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and (2) such delivery requirements to the Representatives shall be deemed met by the Company if such earnings statement is deemed to have been made the related reports are available on the Commission’s Electronic Data Gathering, Analysis, Gathering Analysis and Retrieval system System (“XXXXXXXXXX System”).

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, ; it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”)) or any successor thereto.

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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXXEXXXX”).

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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in Company’s compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, Analysis and Retrieval system (“XXXXX”).

Earning Statement. The Company will make generally available to its security holders and the Representatives Placement Agent 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, it being understood and agreed that such earning statement shall be deemed to have been made available by the Company if the Company is in compliance with its reporting obligations pursuant to the Exchange Act, if such compliance satisfies the conditions of Rule 158 158, and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”).

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative 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, it being understood and agreed ; provided that such earning statement delivery requirements to the Company’s security holders and the Representative shall be deemed to have been made available met by the Company if the Company is in Company’s compliance with its reporting obligations requirements pursuant to the Exchange Act, Act if such compliance satisfies the conditions of Rule 158 and if such earnings statement is deemed to have been made available on the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (“XXXXX”)thereof.