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 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Analysis and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 17 contracts

Sources: Underwriting Agreement (Deciphera Pharmaceuticals, Inc.), Underwriting Agreement (Phreesia, Inc.), Underwriting Agreement (Rubius Therapeutics, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 15 contracts

Sources: Underwriting Agreement (Relay Therapeutics, Inc.), Underwriting Agreement (Relay Therapeutics, Inc.), Underwriting Agreement (Hamilton Lane Alliance Holdings I, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of under the Commission promulgated thereunder Securities Act 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 158158 under the Securities Act) of the Registration Statement; provided that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering Gathering, Analysis and Retrieval system (“▇▇▇▇▇”) or any successor system).

Appears in 15 contracts

Sources: Token Purchase Agreement, Token Purchase Agreement, Token Purchase Agreement (INX LTD)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Gathering, Analysis and Retrieval system (“▇▇▇▇▇”) or any successor system).

Appears in 14 contracts

Sources: Underwriting Agreement (MBX Biosciences, Inc.), Underwriting Agreement (Absci Corp), Underwriting Agreement (CARGO Therapeutics, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 8 contracts

Sources: Underwriting Agreement (Minerva Surgical Inc), Underwriting Agreement (SOPHiA GENETICS SA), Underwriting Agreement (Zymergen Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of under the Commission promulgated thereunder Securities Act 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 158158 under the Securities Act) of the Registration Statement; provided that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives Representative to the extent they are it is filed on the Commission’s Electronic Data Gathering Gathering, Analysis and Retrieval system (“▇▇▇▇▇”) or any successor system).

Appears in 8 contracts

Sources: Underwriting Agreement (Serve Robotics Inc. /DE/), Underwriting Agreement (Serve Robotics Inc. /DE/), Underwriting Agreement (Maris Tech Ltd.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of promulgated by 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; provided that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system System (“▇▇▇▇▇”) or any successor system).

Appears in 6 contracts

Sources: Underwriting Agreement (Sunnova Energy International Inc.), Underwriting Agreement (Sunnova Energy International Inc.), Underwriting Agreement (Sunnova Energy International Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system or any successor thereto (“▇▇▇▇▇”) or any successor system).

Appears in 5 contracts

Sources: Underwriting Agreement (Ortho Clinical Diagnostics Holdings PLC), Underwriting Agreement (Bright Health Group Inc.), Underwriting Agreement (Ortho Clinical Diagnostics Holdings PLC)

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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Gathering, Analysis and Retrieval system (“▇▇▇▇▇”) or any successor system).

Appears in 5 contracts

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

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Gathering, Analysis and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 5 contracts

Sources: Underwriting Agreement (New Business Netherlands N.V.), Underwriting Agreement (New Business Netherlands N.V.), Underwriting Agreement (New Business Netherlands N.V.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives complied with this covenant to the extent they are that such earnings statement is filed in accordance with the rules and regulations of the Commission and on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 5 contracts

Sources: Underwriting Agreement (Brighthouse Financial, Inc.), Underwriting Agreement (Brighthouse Financial, Inc.), Underwriting Agreement (Brighthouse Financial, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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; provided that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are such statement is filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system or any successor thereto (“E▇▇▇▇”) or any successor system).

Appears in 5 contracts

Sources: Underwriting Agreement (Waystar Holding Corp.), Underwriting Agreement (Waystar Holding Corp.), Underwriting Agreement (Waystar Holding Corp.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives Representative to the extent they are filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 4 contracts

Sources: Underwriting Agreement (Madison Square Garden Entertainment Corp.), Underwriting Agreement (Madison Square Garden Entertainment Corp.), Underwriting Agreement (Madison Square Garden Entertainment Corp.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Gathering, Analysis and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 4 contracts

Sources: Underwriting Agreement (Ultragenyx Pharmaceutical Inc.), Underwriting Agreement (Ultragenyx Pharmaceutical Inc.), Underwriting Agreement (Ultragenyx Pharmaceutical Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent that they are filed on the Commission’s Electronic Data Gathering Gathering, Analysis and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 4 contracts

Sources: Underwriting Agreement (Surgery Partners, Inc.), Underwriting Agreement (Surgery Partners, Inc.), Underwriting Agreement (Surgery Partners, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives Representative to the extent they are filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 4 contracts

Sources: Underwriting Agreement (Magenta Therapeutics, Inc.), Underwriting Agreement (Solid Biosciences, LLC), Underwriting Agreement (Magenta Therapeutics, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are such statement is filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system or any successor thereto (“▇▇▇▇▇”) or any successor system).

Appears in 4 contracts

Sources: Underwriting Agreement (StandardAero, Inc.), Underwriting Agreement (StandardAero, Inc.), Underwriting Agreement (StandardAero, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such reports and financial statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 4 contracts

Sources: Underwriting Agreement (Evolent Health, Inc.), Underwriting Agreement (Evolent Health, Inc.), Underwriting Agreement (Evolent Health, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 4 contracts

Sources: Underwriting Agreement (EVERTEC, Inc.), Underwriting Agreement (EVERTEC, Inc.), Underwriting Agreement (Eloqua, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished satisfied such statements to its security holders and the Representatives requirement to the extent they are such information is filed on the Commission’s Electronic Data Gathering Gathering, Analysis and Retrieval system (“▇▇▇▇▇”) or any successor systemthereto.

Appears in 3 contracts

Sources: Underwriting Agreement (Inventiva S.A.), Underwriting Agreement, Underwriting Agreement (Urovant Sciences Ltd.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements earning statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system).

Appears in 3 contracts

Sources: Underwriting Agreement (Healthequity, Inc.), Underwriting Agreement (Healthequity Inc), Underwriting Agreement (Healthequity Inc)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as 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 that the Company will be deemed to have furnished such statements earning statement to its security holders and the Representatives Representative to the extent they are it is filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system).

Appears in 3 contracts

Sources: Underwriting Agreement (Healthequity, Inc.), Underwriting Agreement (Healthequity Inc), Underwriting Agreement (Healthequity Inc)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 3 contracts

Sources: Underwriting Agreement (Nuvalent, Inc.), Underwriting Agreement (Nuvalent, Inc.), Underwriting Agreement (Nuvalent, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system System (“▇▇▇▇▇”) or any successor system).

Appears in 3 contracts

Sources: Underwriting Agreement (Terns Pharmaceuticals, Inc.), Underwriting Agreement (Terns Pharmaceuticals, Inc.), Underwriting Agreement (Terns Pharmaceuticals, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as 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 that the Company will be deemed to have furnished such statements earnings statement to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 3 contracts

Sources: Underwriting Agreement (InflaRx N.V.), Underwriting Agreement (InflaRx N.V.), Underwriting Agreement (InflaRx N.V.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Gathering, Analysis and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 3 contracts

Sources: Underwriting Agreement (Cyteir Therapeutics, Inc.), Underwriting Agreement (Beam Therapeutics Inc.), Underwriting Agreement (Beam Therapeutics Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Analysis and Retrieval system (“E▇▇▇▇”) or any successor system.

Appears in 3 contracts

Sources: Underwriting Agreement (SpringWorks Therapeutics, Inc.), Underwriting Agreement (Fuelcell Energy Inc), Underwriting Agreement (SpringWorks Therapeutics, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system).

Appears in 3 contracts

Sources: Underwriting Agreement (Ollie's Bargain Outlet Holdings, Inc.), Underwriting Agreement (Ollie's Bargain Outlet Holdings, Inc.), Underwriting Agreement (Ollie's Bargain Outlet Holdings, Inc.)

Earning Statement. The Company will timely 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 that the Company will be deemed to have furnished such statements made available to its security holders and the Representatives such statements to the extent they are filed on the Commission’s Electronic Data Gathering Analysis and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 2 contracts

Sources: Underwriting Agreement (Molecular Partners Ag), Underwriting Agreement (Molecular Partners Ag)

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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Gathering, Analysis and Retrieval system, or any successor system (“E▇▇▇▇”) or any successor system).

Appears in 2 contracts

Sources: Underwriting Agreement (Humanigen, Inc), Underwriting Agreement (Humanigen, Inc)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system).

Appears in 2 contracts

Sources: Underwriting Agreement (NeuroPace Inc), Underwriting Agreement (Eargo, Inc.)

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 that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering Gathering, Analysis and Retrieval system System (“▇▇▇▇▇”) or any successor system).

Appears in 2 contracts

Sources: Underwriting Agreement (CS Disco, Inc.), Underwriting Agreement (CS Disco, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 provided, that the Company will be deemed to have furnished such statements earnings statement to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 2 contracts

Sources: Underwriting Agreement (Royalty Pharma PLC), Underwriting Agreement (Royalty Pharma PLC)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished satisfied such statements to its security holders and the Representatives requirement to the extent they are such information is filed on the Commission’s Electronic Data Gathering Gathering, Analysis and Retrieval system (“▇▇▇▇▇”) or any successor system).

Appears in 2 contracts

Sources: Underwriting Agreement (Atea Pharmaceuticals, Inc.), Underwriting Agreement (Rapid Micro Biosystems, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 provided, that the Company will be deemed to have furnished such statements earning statement to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 2 contracts

Sources: Underwriting Agreement (Royalty Pharma PLC), Underwriting Agreement (Royalty Pharma PLC)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Analysis and Retrieval system (“▇▇▇▇▇”) or any successor system).

Appears in 2 contracts

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

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of under the Commission promulgated thereunder Securities Act 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 158158 under the Securities Act) of the Registration Statement; provided that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering Gathering, Analysis and Retrieval system (“▇▇▇▇▇”) or any successor system).

Appears in 2 contracts

Sources: Underwriting Agreement (HiTek Global Inc.), Underwriting Agreement (HiTek Global Inc.)

Earning Statement. The Company will make generally available (electronically or otherwise) to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system).

Appears in 2 contracts

Sources: Underwriting Agreement (Golden Entertainment, Inc.), Underwriting Agreement (Teladoc, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives Representative to the extent they are filed on the Commission’s Electronic Data Gathering Analysis and Retrieval system (“E▇▇▇▇”) or any successor system.

Appears in 2 contracts

Sources: Underwriting Agreement (Black Diamond Therapeutics, Inc.), Underwriting Agreement (Fuelcell Energy Inc)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 2 contracts

Sources: Underwriting Agreement (Black Knight, Inc.), Underwriting Agreement (Black Knight Financial Services, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as 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 that the Company will be deemed to have furnished such reports and financial statements to its security holders and the Representatives Representative to the extent they are filed on the Commission’s Electronic Data Gathering Gathering, Analysis and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 2 contracts

Sources: Underwriting Agreement (Columbus McKinnon Corp), Underwriting Agreement (Columbus McKinnon Corp)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed such earnings statement is made available on the Commission’s Electronic Data Gathering Gathering, Analysis and Retrieval system System (“▇▇▇▇▇”) or any successor system).

Appears in 2 contracts

Sources: Underwriting Agreement (Heartflow, Inc.), Underwriting Agreement (Septerna, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they such statements are filed on the Commission’s Electronic Data Gathering Gathering, Analysis and Retrieval system (“▇▇▇▇▇”) or any successor system).

Appears in 2 contracts

Sources: Underwriting Agreement (1Life Healthcare Inc), Underwriting Agreement (1Life Healthcare Inc)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“E▇▇▇▇”) or any successor system.

Appears in 2 contracts

Sources: Underwriting Agreement (Hamilton Lane Alliance Holdings I, Inc.), Underwriting Agreement (Valtech Se)

Earning Statement. The Company will make generally available to its security holders shareholders and the Representatives as soon as 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 that the Company will shall be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor to such system.

Appears in 2 contracts

Sources: Underwriting Agreement (BioNTech SE), Underwriting Agreement (BioNTech SE)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 , provided, that the Company will be deemed to have furnished such statements earnings statement to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Gathering, Analysis and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 2 contracts

Sources: Underwriting Agreement (Clarios International Inc.), Underwriting Agreement (Clarios International Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 provided, that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Gathering, Analysis and Retrieval system (“E▇▇▇▇”) or any successor system.

Appears in 2 contracts

Sources: Underwriting Agreement (AeroVironment Inc), Underwriting Agreement (AeroVironment Inc)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as 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 that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives Representative to the extent they are it is filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system).

Appears in 2 contracts

Sources: Underwriting Agreement (NeuroPace Inc), Underwriting Agreement (SVMK Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements earnings statement to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 2 contracts

Sources: Underwriting Agreement (Trean Insurance Group, Inc.), Underwriting Agreement (Trean Insurance Group, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system).

Appears in 1 contract

Sources: Underwriting Agreement (Granite Point Mortgage Trust Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Gathering, Analysis and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 1 contract

Sources: Underwriting Agreement (Truck Hero, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives Underwriters as soon as 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 that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system).

Appears in 1 contract

Sources: Underwriting Agreement (Ollie's Bargain Outlet Holdings, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Gathering, Analysis and Retrieval system (▇▇▇▇▇) or any successor system.

Appears in 1 contract

Sources: Underwriting Agreement (Microchip Technology Inc)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives Representative to the extent that they are filed on the Commission’s Electronic Data Gathering Gathering, Analysis and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 1 contract

Sources: Underwriting Agreement (Myers Industries Inc)

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 that the Company will be deemed to have furnished made such statements available to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 1 contract

Sources: Underwriting Agreement (ConforMIS Inc)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Gathering, Analysis and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 1 contract

Sources: Underwriting Agreement (Shiloh Industries Inc)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives Representative to the extent they are filed on the Commission’s Electronic Data Gathering Analysis and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 1 contract

Sources: Underwriting Agreement (Kaleido Biosciences, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives Underwriter as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives Underwriter to the extent they are filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 1 contract

Sources: Underwriting Agreement (Replimune Group, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Gathering, Analysis and Retrieval system (“E▇▇▇▇”) or any successor system).

Appears in 1 contract

Sources: Underwriting Agreement (Century Therapeutics, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering Gathering, Analysis and Retrieval system (“E▇▇▇▇”) or any successor system).

Appears in 1 contract

Sources: Underwriting Agreement (Games Global LTD)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“E▇▇▇▇”) or any successor system).

Appears in 1 contract

Sources: Underwriting Agreement (Preston Hollow Community Capital, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 provided, that the Company will be deemed to have furnished such statements statement to its security securities holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 1 contract

Sources: Underwriting Agreement (Tyme Technologies, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives Representative to the extent they are filed on the Commission’s Electronic Data Gathering Gathering, Analysis and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 1 contract

Sources: Underwriting Agreement (Nine Energy Service, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements to its security holders securityholders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Gathering, Analysis and Retrieval system (“▇▇▇▇▇”) or any successor system).

Appears in 1 contract

Sources: Underwriting Agreement (Olema Pharmaceuticals, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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; provided that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are such statement is filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system or any successor thereto (“▇▇▇▇▇”) or any successor system).

Appears in 1 contract

Sources: Underwriting Agreement (Waystar Holding Corp.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 1 contract

Sources: Underwriting Agreement (Braeburn Pharmaceuticals, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as practicable an earning statement that satisfies the provisions of Section 11(a) of the Securities Act and Rule 158 of under the Commission promulgated thereunder Securities Act 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 158158 under the Securities Act) of the Registration Statement; provided that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering Gathering, Analysis and Retrieval system (“▇▇▇▇▇”) or any successor system“).

Appears in 1 contract

Sources: Underwriting Agreement (HiTek Global Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Analysis and Retrieval system System (“▇▇▇▇▇”) or any successor system).

Appears in 1 contract

Sources: Underwriting Agreement (Terns Pharmaceuticals, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives Representative to the extent they are filed on with the Commission’s Electronic Data Gathering Gathering, Analysis and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 1 contract

Sources: Underwriting Agreement (Stratasys Ltd.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 StatementCompany’s registration statement; provided that the Company will be deemed to have furnished such reports and financial statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 1 contract

Sources: Purchase Agreement (Evolent Health, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the CommissionCommisson’s Electronic Data Gathering Gathering, Analysis and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 1 contract

Sources: Underwriting Agreement (Bluebird Bio, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 provided, that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Gathering, Analysis and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 1 contract

Sources: Underwriting Agreement (Revolution Medicines, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished satisfied such statements to its security holders and the Representatives requirement to the extent they are such information is filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 1 contract

Sources: Underwriting Agreement (Akcea Therapeutics, Inc.)

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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Analysis and Retrieval system (“E▇▇▇▇”) or any successor system.

Appears in 1 contract

Sources: Underwriting Agreement (Ascentage Pharma Group International)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such reports and financial statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system).

Appears in 1 contract

Sources: Underwriting Agreement (Melinta Therapeutics, Inc. /New/)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 1 contract

Sources: Underwriting Agreement (Progyny, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements to its security holders securityholders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system System (“▇▇▇▇▇”) or any successor system.

Appears in 1 contract

Sources: Underwriting Agreement (Mesoblast LTD)

Earning Statement. The Company will make generally available (electronically or otherwise) to its security holders and the Representatives Representative as soon as 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 that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system).

Appears in 1 contract

Sources: Underwriting Agreement (Teladoc, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative[s] as soon as 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 that the Company will be deemed to have furnished complied with such statements to its security holders and the Representatives to the extent they are filed requirement by filing such an earning statement on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (or any successor system) (“▇▇▇▇▇”) or any successor system).

Appears in 1 contract

Sources: Underwriting Agreement (Owl Rock Capital Corp)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 1 contract

Sources: Underwriting Agreement (Sandisk Corp)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as 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 provided, that the Company will be deemed to have furnished such statements statement to its security securities holders and the Representatives Representative to the extent they are filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 1 contract

Sources: Underwriting Agreement (Tyme Technologies, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives Representative to the extent they are filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 1 contract

Sources: Underwriting Agreement (Jounce Therapeutics, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives Representative to the extent they are filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 1 contract

Sources: Underwriting Agreement (EVERTEC, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed made available on the Commission’s Electronic Data Gathering Analysis and Retrieval system System (“▇▇▇▇▇”) or any successor system).

Appears in 1 contract

Sources: Underwriting Agreement (Landos Biopharma, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements earning statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 1 contract

Sources: Underwriting Agreement (Everyday Health, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system).

Appears in 1 contract

Sources: Underwriting Agreement (Frequency Therapeutics, Inc.)

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 that the Company will be deemed to have furnished made generally available such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system).

Appears in 1 contract

Sources: Underwriting Agreement (BioAtla, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Analysis and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 1 contract

Sources: Underwriting Agreement (Ellie Mae Inc)

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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent that they are filed on the Commission’s Electronic Data Gathering Gathering, Analysis and Retrieval system (“▇▇▇▇▇”) or any successor system).

Appears in 1 contract

Sources: Underwriting Agreement (Bioventus Inc.)

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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives Representative to the extent they are filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 1 contract

Sources: Underwriting Agreement (Solid Biosciences Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives Representative as soon as 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 that the Company will be deemed to have furnished such reports and financial statements to its security holders and the Representatives Representative to the extent they are filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 1 contract

Sources: Underwriting Agreement (Cable One, Inc.)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering Gathering, Analysis and Retrieval system System (“▇▇▇▇▇”) or any successor system).

Appears in 1 contract

Sources: Underwriting Agreement (Lyft, Inc.)

Earning Statement. The Company will make generally available (electronically or otherwise) to its security holders and the Representatives Representative as soon as 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 that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are it is filed on the Commission’s Electronic Data Gathering Analysis and Retrieval system (“▇▇▇▇▇”) or any successor system).

Appears in 1 contract

Sources: Underwriting Agreement (Griffon Corp)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Gathering, Analysis and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 1 contract

Sources: Underwriting Agreement (aTYR PHARMA INC)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements to its security holders and the Representatives to the extent that they are filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 1 contract

Sources: Underwriting Agreement (Civitas Therapeutics, Inc.)

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 provided, that the Company will be deemed to have furnished comply with such statements to its security holders and requirement by including such earning statement in reports filed under the Representatives to the extent they are filed Exchange Act on the Commission’s Electronic Electronic, Data Gathering Gathering, Analysis and Retrieval system System (“▇▇▇▇▇”) or any successor system.

Appears in 1 contract

Sources: Underwriting Agreement (Iris Energy LTD)

Earning Statement. The Company will make generally available to its security holders and the Representatives as soon as 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 that the Company will be deemed to have furnished such statements statement to its security holders and the Representatives to the extent they are filed on the Commission’s Electronic Data Gathering Analysis Gathering, Analysis, and Retrieval system (“▇▇▇▇▇”) or any successor system.

Appears in 1 contract

Sources: Underwriting Agreement (Nuvalent, Inc.)