Common use of Delivery of Earnings Statements to Security Holders Clause in Contracts

Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the Rules and Regulations under the Securities Act, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve consecutive months beginning after the Execution Date, provided that reports, schedules, forms, statements and other documents that are filed by the Company with the Commission after the Execution Date are deemed to be delivered pursuant to Rule 172 under the Securities Act.

Appears in 8 contracts

Sources: Underwriting Agreement (AquaBounty Technologies, Inc.), Underwriting Agreement (AquaBounty Technologies, Inc.), Underwriting Agreement (AquaBounty Technologies, Inc.)

Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the Rules and Regulations under the Securities Act, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve consecutive months beginning after the Execution Date, provided that any reports, schedules, forms, statements and other documents that are filed or furnished by the Company with the Commission after the Execution Date are shall be deemed to be delivered pursuant to Rule 172 under the Securities Actconstitute delivery.

Appears in 3 contracts

Sources: Underwriting Agreement (iMedia Brands, Inc.), Underwriting Agreement (iMedia Brands, Inc.), Underwriting Agreement (DarioHealth Corp.)

Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the Rules and Regulations under the Securities Act, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve consecutive months beginning after the Execution Date; provided, provided that reports, schedules, forms, statements and other documents that are filed by the Company with the Commission after the Execution Date are shall be deemed to be delivered pursuant to Rule 172 under the Securities Actconstitute delivery.

Appears in 3 contracts

Sources: Underwriting Agreement (Seelos Therapeutics, Inc.), Underwriting Agreement (Seelos Therapeutics, Inc.), Underwriting Agreement (Seelos Therapeutics, Inc.)

Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the Rules and Regulations under the Securities Act, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve consecutive months beginning after the Execution Date; provided, provided that reports, schedules, forms, statements and other documents that are filed by the Company with the Commission Commissions after the Execution Date are shall be deemed to be delivered pursuant to Rule 172 under the Securities Actconstitute delivery.

Appears in 2 contracts

Sources: Underwriting Agreement (Apricus Biosciences, Inc.), Underwriting Agreement (Apricus Biosciences, Inc.)

Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the Rules and Regulations under the Securities Act, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve consecutive months beginning after the Execution Date, provided that any reports, schedules, forms, statements and or other documents that are filed or furnished by the Company with the Commission after the Execution Date are shall be deemed to be delivered pursuant to Rule 172 under the Securities Actconstitute delivery.

Appears in 2 contracts

Sources: Underwriting Agreement (Chembio Diagnostics, Inc.), Underwriting Agreement (Chembio Diagnostics, Inc.)

Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the Rules and Regulations under the Securities Act, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve consecutive months beginning after the Execution Date, ; provided that reports, schedules, forms, statements and other documents that are filed by the Company with the Commission after the Execution Date are deemed to be delivered pursuant to Rule 172 under the Securities Act.

Appears in 2 contracts

Sources: Underwriting Agreement (Key Mining Corp.), Underwriting Agreement (Key Mining Corp.)

Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the Rules rules and Regulations regulations under the Securities Act, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve consecutive months beginning after the Execution Date, provided that reports, schedules, forms, statements and other documents that are . Such earnings statement filed by the Company with the Commission after the Execution Date are pursuant to its ▇▇▇▇▇ system shall be deemed to be delivered have been made available to the security holders pursuant to Rule 172 under the Securities Actthis Section.

Appears in 2 contracts

Sources: Underwriting Agreement (Cel Sci Corp), Underwriting Agreement (Cel Sci Corp)

Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the Rules and Regulations under the Securities Act, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve consecutive months beginning after the Execution Date, provided that reports, schedules, forms, statements and other documents that are filed US.128784380.07 by the Company with the Commission after the Execution Date are deemed to be delivered pursuant to Rule 172 under the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (AquaBounty Technologies, Inc.)

Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the Rules and Regulations under the Securities Act, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve consecutive months beginning after the Execution Date, provided that reports, schedules, forms, statements and other documents that are filed by the Company with the Commission after the Execution Date are deemed to be delivered pursuant to Rule 172 under the Securities Act. 2 NTD: Selling Stockholders to determine how the fees will be split.

Appears in 1 contract

Sources: Underwriting Agreement (AquaBounty Technologies, Inc.)

Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the Rules and Regulations under the Securities Act, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve consecutive months beginning after the Execution Date, provided that reports, schedules, forms, statements and other documents that are filed by the Company with the Commission after the Execution Date are which requirement will be deemed to be delivered pursuant to satisfied if the Company timely files complete and accurate information on Forms 10-K, 10-Q and 8-K under the Exchange Act and otherwise complies with Rule 172 158 under the Securities Act.Act or any successor rule thereto..

Appears in 1 contract

Sources: Underwriting Agreement (Jaguar Health, Inc.)

Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the Rules and Regulations under the Securities Act, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve consecutive months beginning after the Execution Date, provided that reports, schedules, forms, statements statements, and other documents that are filed by the Company with the Commission after the Execution Date are shall be deemed to be delivered pursuant to Rule 172 under the Securities Actconstitute delivery.

Appears in 1 contract

Sources: Underwriting Agreement (Emagin Corp)

Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the Rules and Regulations under the Securities Act, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve consecutive months beginning after the Execution Date, ; provided that reports, schedules, forms, statements and other documents that are filed filings of the SEC Reports by the Company with the Commission after the Execution Date are shall be deemed to be delivered pursuant to Rule 172 under the Securities Actconstitute delivery.

Appears in 1 contract

Sources: Underwriting Agreement (Comstock Mining Inc.)

Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the Rules and Regulations under the Securities Act, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve consecutive months beginning after the Execution Date, provided provided, however, that the filings of the Company’s reports, schedules, forms, statements and other such documents that are filed by the Company with the Commission after the Execution Date are deemed to be delivered pursuant to Rule 172 require under the Securities ActAct and Exchange Act shall be deemed to constitute such delivery.

Appears in 1 contract

Sources: Underwriting Agreement (Cellect Biotechnology Ltd.)

Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the Rules and Regulations under the Securities Act, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve consecutive months beginning after the Execution Date, ; provided that reports, schedules, forms, statements and other documents that are filed by the Company with the Commission after the Execution Date are will be deemed to be delivered pursuant have furnished such statement to Rule 172 under its security holders to the Securities Actextent such statement is filed with SEC on ▇▇▇▇▇ or any successor system.

Appears in 1 contract

Sources: Underwriting Agreement (Fractyl Health, Inc.)

Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the Rules and Regulations under the Securities Act, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve consecutive months beginning after the Execution Date, provided that reports, schedules, forms, statements statements, and other documents that are filed by the Company with the Commission after the Execution Date are shall be deemed to be delivered pursuant to Rule 172 under the Securities Actconstitute delivery.

Appears in 1 contract

Sources: Underwriting Agreement (Emagin Corp)

Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth (15th) full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the Rules and Regulations under the Securities Act, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve consecutive months beginning after the Execution Date, ; provided that reports, schedules, forms, the Company will be deemed to have furnished such statements to its security holders and other documents that the Representative to the extent they are filed by on the Company with the Commission after the Execution Date are deemed to be delivered pursuant to Rule 172 under the Securities ActCommission’s Electronic Data Gathering, Analysis and Retrieval system.

Appears in 1 contract

Sources: Underwriting Agreement (Wag! Group Co.)

Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the Rules and Regulations under the Securities Act, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve consecutive months beginning after the Execution Date, ; provided that reports, schedules, forms, statements and other documents that are filed by the Company with the Commission after the Execution Date are deemed to be delivered pursuant to Rule 172 under the Securities Act.

Appears in 1 contract

Sources: Underwriting Agreement (Dare Bioscience, Inc.)

Delivery of Earnings Statements to Security Holders. The Company will make generally available to its security holders as soon as practicable, but not later than the first day of the fifteenth full calendar month following the Execution Date, an earnings statement (which need not be certified by independent public or independent certified public accountants unless required by the Securities Act or the Rules and Regulations under the Securities Act, but which shall satisfy the provisions of Rule 158(a) under Section 11(a) of the Securities Act) covering a period of at least twelve consecutive months beginning after the Execution Date, provided that reports, schedules, forms, statements and other documents that are filed by the Company with the Commission after the Execution Date are which requirement will be deemed to be delivered pursuant to satisfied if the Company timely files complete and accurate information on Forms 10-K, 10-Q and 8-K under the Exchange Act and otherwise complies with Rule 172 158 under the Securities ActAct or any successor rule thereto.

Appears in 1 contract

Sources: Underwriting Agreement (Jaguar Health, Inc.)