Availability of Earnings Statements. The Company shall make generally available to holders of its securities as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 of the Rules and Regulations, an earnings statement (which need not be audited but shall be in reasonable detail) for a period of twelve (12) months ended commencing after the effective date, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations); provided, however, that the availability of electronically transmitted copies of earnings statements filed with the Commission pursuant to E▇▇▇▇ shall satisfy the Company’s obligation hereunder.
Appears in 2 contracts
Sources: Underwriting Agreement (Elite Express Holding Inc.), Underwriting Agreement (Elite Express Holding Inc.)