Common use of Earning Statement Clause in Contracts

Earning Statement. The Company will make generally available to its security holders and the Underwriter as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act covering a period of at least 12 months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158 under the Securities Act) of the Registration Statement; provided that the Company will be deemed to have furnished such statement to its security holders and the Underwriter to the extent it is filed on the Commission’s Electronic Data Gathering, Analysis and Retrieval system (“XXXXX”).

Appears in 28 contracts

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

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Earning Statement. The Company will make generally available to its security holders and the Underwriter as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act covering a period of at least 12 months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158 under the Securities Act) of the Registration Statement; provided that the Company will be deemed to have furnished such statement to its security holders and the Underwriter to the extent it is filed on the Commission’s Electronic Data Gathering, Analysis and Retrieval system (“XXXXXEXXXX”).

Appears in 16 contracts

Samples: Underwriting Agreement (Innovation Beverage Group LTD), Underwriting Agreement (Innovation Beverage Group LTD), Underwriting Agreement (Sharps Technology Inc.)

Earning Statement. The Company will make generally available to its security holders and the Underwriter as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under of the Securities Act Commission promulgated thereunder covering a period of at least 12 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158 under the Securities Act158) of the Registration Statement; provided that the Company will be deemed to have furnished such statement to its security holders and the Underwriter to the extent it is filed on the Commission’s Electronic Data Gathering, Analysis Analysis, and Retrieval system (“XXXXX”)system.

Appears in 5 contracts

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

Earning Statement. The Company will make generally available (electronically or otherwise) to its security holders and the Underwriter as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under of the Securities Act Commission promulgated thereunder covering a period of at least 12 twelve (12) months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158 under the Securities Act158) of the Registration Statement; provided that the Company will be deemed to have furnished such statement to its security holders and the Underwriter to the extent it is filed on the Commission’s Electronic Data Gathering, Analysis Analysis, and Retrieval system (“XXXXX”).

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 Underwriter Underwriters as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under of the Securities Act Commission promulgated thereunder covering a period of at least 12 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158 under the Securities Act158) of the Registration Statement; provided that the Company will be deemed to have furnished such statement to its security holders and the Underwriter to the extent it is filed on the Commission’s Electronic Data Gathering, Analysis Analysis, and Retrieval system (“XXXXX”)system.

Appears in 2 contracts

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

Earning Statement. The Company will make generally available to its security holders and the Underwriter as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under of the Securities Act Commission promulgated thereunder covering a period of at least 12 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158 under the Securities Act158) of the Registration Statement; provided provided, that the Company will be deemed to have furnished such statement statements to its security holders and the Underwriter to the extent it is that they are filed on the Commission’s Electronic Data Gathering, Analysis and Retrieval system (“XXXXXEXXXX”).

Appears in 2 contracts

Samples: Civitas Resources, Inc., Canada Pension Plan Investment Board

Earning Statement. The Company will make generally available to its security holders and the Underwriter as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under of the Securities Act Commission promulgated thereunder covering a period of at least 12 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158 under the Securities Act158) of the Registration Statement; , provided that the Company will be deemed to have furnished such earnings statement to its security holders and the Underwriter to the extent it is they are filed on the Commission’s Electronic Data Gathering, Analysis Analysis, and Retrieval system (“XXXXX”)system.

Appears in 1 contract

Samples: Terms Agreement (L Brands, Inc.)

Earning Statement. The Company will make generally available (electronically or otherwise) to its security holders and the Underwriter as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under of the Securities Act Commission promulgated thereunder covering a period of at least 12 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158 under the Securities Act158) of the Registration Statement; provided that the Company will be deemed to have furnished such statement to its security holders and the Underwriter to the extent it is filed on the Commission’s Electronic Data Gathering, Analysis Analysis, and Retrieval system (“XXXXX”).

Appears in 1 contract

Samples: Underwriting Agreement (Teladoc, Inc.)

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Earning Statement. The Company will make generally available to its security holders and the Underwriter as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under of the Securities Act Commission promulgated thereunder covering a period of at least 12 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158 under the Securities Act158) of the Registration Statement; provided that the Company will be deemed to have furnished such statement statements to its security holders and the Underwriter to the extent it is that they are filed on the Commission’s Electronic Data Gathering, Analysis and Retrieval system (“XXXXX”)system.

Appears in 1 contract

Samples: Underwriting Agreement (Surgery Partners, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Underwriter as soon as reasonably practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under of the Securities Act Commission promulgated thereunder covering a period of at least 12 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158 under the Securities Act158) of the Registration Statement; , provided that the Company will be deemed to have furnished made generally available such statement statements to its security holders and the Underwriter to the extent it is they are filed on the Commission’s Electronic Data Gathering, Analysis Analysis, and Retrieval system (“XXXXX”).

Appears in 1 contract

Samples: BioAtla, Inc.

Earning Statement. The Company will make generally available to its security holders and the Underwriter as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act covering a period of at least 12 months beginning with the first fiscal quarter of the Company occurring after aftter the “effective date” (as defined in Rule 158 under the Securities Act) of the Registration Statement; provided that the Company will be deemed to have furnished such statement to its security holders and the Underwriter to the extent it is filed on the Commission’s Electronic Data Gathering, Analysis and Retrieval system (“XXXXX”).

Appears in 1 contract

Samples: Underwriting Agreement (Avenue Therapeutics, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Underwriter as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act covering a period of at least 12 months beginning with the first fiscal quarter of the Company occurring after aftter the “effective date” (as defined in Rule 158 under the Securities Act) of the Registration Statement; provided that the Company will be deemed to have furnished such statement to its security holders and the Underwriter to the extent it is filed on the Commission’s Electronic Data Gathering, Analysis and Retrieval system (“XXXXXEXXXX”).

Appears in 1 contract

Samples: Underwriting Agreement (Avenue Therapeutics, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Underwriter as soon as practicable an earning earnings statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 under of the Securities Act Commission promulgated thereunder covering a period of at least 12 twelve months beginning with the first fiscal quarter of the Company occurring after the “effective date” (as defined in Rule 158 under the Securities Act158) of the Registration Statement; provided that the Company will be deemed to have furnished such earning statement to its security holders and the Underwriter to the extent it is filed on the Commission’s Electronic Data Gathering, Analysis Analysis, and Retrieval system (“XXXXXEXXXX”).

Appears in 1 contract

Samples: Underwriting Agreement (Healthequity, Inc.)

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