Earnings Statement. The Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months after the end of the Company’s current fiscal quarter, an earnings statement covering a 12-month period that satisfies the provisions of [Section 11(a)] and Rule 158 of the Securities Act.

The Company willshall make generally available to its security holders as soon as practicable,practical, but in any event not later than 15 months90 days after the endclose of the period covered thereby, an earnings statement (in form complying with, and in the manner provided by, the provisions of Rule 158 under the Securities Act) covering a twelve-month period beginning not later than the first day of the Company’s current fiscal quarter, an earnings statement coveringquarter next following the applicable Effective Date of a 12-month period that satisfies the provisions of [Section 11(a)] and Rule 158 of the Securities Act.Registration Statement.

Earnings Statement. TheAs soon as practicable, the Company will make generally available to its security holders as soon as practicable, but in any event not later than 15 months afterand to the end of the Company’s current fiscal quarter,Agent an earnings statement (which need not be audited), covering a 12-month period that satisfiesof 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 [SectionSection 11(a)] of the Securities Act and Rule 158 ofunder 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.