Earnings Statement. As soon as practicable, the Company will make generally available to its security holders and to the Agent an earnings statement (which need not be audited), covering a period of at least twelve (12) months beginning with the first fiscal quarter of the Company occurring after the date of this Agreement, which shall satisfy the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act. Notwithstanding the foregoing, the Company will be deemed to have furnished such statement to its security holders and the Agent to the extent it is available on EDGAR or any successor system.

Earnings Statement. As soon as practicable, theThe Company will make generally available to its security holders and toas soon as practicable, but in any event not later than 15 months after the Agentend of the Company’s current fiscal quarter, an earnings statement (which need not be audited), covering a 12-month period of at least twelve (12) months beginning with the first fiscal quarter of the Company occurring after the date of this Agreement, which shall satisfythat satisfies the provisions of Section[Section 11(a)] and Rule 158 of the Securities Act and Rule 158 under the Securities Act. Notwithstanding the foregoing, the Company will be deemed to have furnished such statement to its security holders and the Agent to the extent it is available on EDGAR or any successor system.

The Company willshall make generally available to its security holders and toas soon as practical, but not later than 90 days after the Agentclose of the period covered thereby, an earnings statement (which need not be audited), covering a period of at least twelve (12) months beginning with(in form complying with, and in the first fiscal quarter of the Company occurring after the date of this Agreement, which shall satisfymanner provided by, the provisions of Section 11(a) of the Securities Act and Rule 158 under the Securities Act. NotwithstandingAct) covering a twelve-month period beginning not later than the foregoing,first day of the Company will be deemed to have furnished such statement to its security holders andCompany’s fiscal quarter next following the Agent to the extent it is available on EDGAR or any successor system.applicable Effective Date of a Registration Statement.