Common use of Earning Statement Clause in Contracts

Earning Statement. As soon as practicable, the Company will make generally available to its security holders, and to the Representatives, an earning statement or statements of the Company and its subsidiaries which satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder.

Appears in 8 contracts

Samples: Underwriting Agreement (Whirlpool Corp /De/), Underwriting Agreement (Whirlpool Corp /De/), Underwriting Agreement (Whirlpool Corp /De/)

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Earning Statement. As soon as practicable, the The Company will make generally available to its security holders, holders and to the Representatives, Representatives as soon as practicable an earning statement or statements of the Company and its subsidiaries (which satisfy need not be audited) that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder.

Appears in 5 contracts

Samples: South Jersey (South Jersey Industries Inc), South Jersey (South Jersey Industries Inc), South Jersey (South Jersey Industries Inc)

Earning Statement. As soon as practicable, the The Company will make generally available to its security holders, holders and to the Representatives, Dealer Manager as soon as practicable an earning earnings statement or statements of the Company and its subsidiaries which satisfy that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder.

Appears in 4 contracts

Samples: Dealer Manager Agreement (Hutchinson Technology Inc), Dealer Manager Agreement (Hutchinson Technology Inc), Dealer Manager Agreement (Hutchinson Technology Inc)

Earning Statement. As soon as practicable, the The Company will make generally available to its security holders, holders (including holders of the Securities) and to the Representatives, Representatives as soon as practicable an earning statement or statements (which need not be audited) of the Company and its subsidiaries which satisfy subsidiaries, satisfying the provisions of Section 11(a) of the Securities Act and the rules and regulations thereunder (including Rule 158 of the Commission promulgated thereunder158).

Appears in 3 contracts

Samples: Underwriting Agreement (Fifth Third Bancorp), Underwriting Agreement (Fifth Third Bancorp), Underwriting Agreement (Fifth Third Bancorp)

Earning Statement. As soon as practicable, the Company will make generally available to its security holders, holders and to the Representatives, Representative an earning statement or statements of the Company and its subsidiaries which will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder158.

Appears in 2 contracts

Samples: Underwriting Agreement (Overture Acquisition Corp.), Converted Organics Inc.

Earning Statement. As soon as practicable, the The Company will make generally available to its security holders, holders and to the Representatives, an earning statement or Representatives as soon as practicable earnings statements of the Company and its subsidiaries which that will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder.

Appears in 2 contracts

Samples: Boston Scientific Corp, Boston Scientific Corp

Earning Statement. As soon as practicable, the The Company will make generally available to its security holders, holders and to the Representatives, Representative as soon as practicable an earning statement or statements of the Company and its subsidiaries (which satisfy need not be audited) that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder.

Appears in 2 contracts

Samples: South Jersey (South Jersey Industries Inc), South Jersey (South Jersey Industries Inc)

Earning Statement. As soon as practicable, the The Company will make generally available to its security holders, holders and to the Representatives, Representatives as soon as practicable an earning statement or statements of the Company and its subsidiaries which satisfy that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder.Section

Appears in 2 contracts

Samples: Underwriting Agreement (Medical Properties Trust Inc), Fidelity National Financial, Inc.

Earning Statement. As soon as practicable, the Company will make generally available to its security holders, holders and to the Representatives, Representatives an earning statement or statements of the Company and its subsidiaries (which satisfy need not be audited) that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunderAct.

Appears in 2 contracts

Samples: Underwriting Agreement (Prologis), Underwriting Agreement (Radian Group Inc)

Earning Statement. As soon as practicable, the Company will make generally available to its security holders, holders and to the Representatives, Representative an earning statement or statements of the Company and its subsidiaries (which satisfy need not be audited) that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunderAct.

Appears in 2 contracts

Samples: Underwriting Agreement (Amerivest Properties Inc), Prologis Trust

Earning Statement. As soon as practicable, the Company will practicable to make generally available to its the Company's security holders, holders and to deliver to the Representatives, Representative an earning statement or statements of the Company and its subsidiaries (which satisfy the provisions of need not be audited) complying with Section 11(a) of the Securities Act and Rule 158 the Rules and Regulations (including, at the option of the Commission promulgated thereunder.Company, Rule 158);

Appears in 1 contract

Samples: Friendlys Restaurants Franchise Inc

Earning Statement. As soon as practicable, the The Company will make generally available to its security holders, holders and to the Representatives, Underwriters as soon as reasonably practicable an earning statement or statements of the Company and its subsidiaries which satisfy that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunderAct.

Appears in 1 contract

Samples: Terms Agreement (Gold Fields LTD)

Earning Statement. As soon as practicable, the The Company will make generally available to its security holders, holders and to the Representatives, Representatives as soon as reasonably practicable an earning statement or statements of the Company and its subsidiaries which satisfy that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder.

Appears in 1 contract

Samples: Wrigley Wm Jr Co

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Earning Statement. As soon as practicable, the Company will make generally available to its security holders, holders and to the Representatives, Representatives an earning statement or statements of the Company and its subsidiaries which will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder158.

Appears in 1 contract

Samples: Underwriting Agreement (Navios Maritime Acquisition CORP)

Earning Statement. As soon as practicable, the Company will make generally available to its security holders, holders and to the Representatives, Underwriter an earning statement or statements of the Company and its subsidiaries which will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder158.

Appears in 1 contract

Samples: Converted Organics Inc.

Earning Statement. As soon as practicable, the The Company will make generally available to its security holders, holders and to the Representatives, Representatives as soon as practicable an earning statement or statements of the Company and its subsidiaries which satisfy that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of provided that the Commission promulgated thereunderCompany will be deemed to have complied with such requirement by filing such earning statement on XXXXX.

Appears in 1 contract

Samples: Underwriting Agreement (PERRIGO Co PLC)

Earning Statement. As soon as practicable, the The Company will make generally available to its security holders, holders and to the Representatives, Dealer Manager as soon as practicable an earning statement or statements that satisfies the provisions of the Company and its subsidiaries which satisfy the provisions last paragraph of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder.

Appears in 1 contract

Samples: Dealer Manager Agreement (Central European Media Enterprises N.V.)

Earning Statement. As soon as practicable, the The Company will make generally available to its security holders, holders and to the Representatives, Representatives as soon as practicable an earning statement or statements of the Company and its subsidiaries which satisfy that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunderAct.

Appears in 1 contract

Samples: Lamar Advertising Co/New

Earning Statement. As soon as practicable, the Company will make generally available to its security holders, holders and to the Representatives, Agent an earning earnings statement or statements of the Company and its subsidiaries Subsidiaries which will satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder158.

Appears in 1 contract

Samples: Agreement (SEACOR Marine Holdings Inc.)

Earning Statement. As soon as practicable, the The Company will make generally available to its security holders, holders and to the Representatives, Representatives as soon as practicable an earning statement or statements of the Company and its subsidiaries which satisfy that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of the Commission promulgated thereunder; it being agreed that such obligation may be satisfied by filings made with the Commission’s Electronic Data Gathering, Analysis, and Retrieval system (or any successor system) (“XXXXX”).

Appears in 1 contract

Samples: MKS Instruments Inc

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