Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Borrower" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower on a consolidated basis unless the context clearly requires otherwise.
Appears in 67 contracts
Samples: Loan and Security Agreement (Angel Oak Mortgage, Inc.), Loan and Security Agreement (Vertical Branding, Inc.), Loan and Security Agreement (Garden Botanika Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "BorrowerBorrowers" or the term "Parent" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower Parent and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 48 contracts
Samples: Loan and Security Agreement (Alpine Group Inc /De/), Loan and Security Agreement (Silicon Graphics Inc /Ca/), Credit Agreement (Cryolife Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Borrower" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 45 contracts
Samples: Loan and Security Agreement (I Link Inc), Credit Agreement (Piccadilly Cafeterias Inc), Loan and Security Agreement (Special Devices Inc /De)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the term "“Borrower" ” is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 24 contracts
Samples: Loan and Security Agreement (Hercules Capital, Inc.), Loan and Security Agreement (Hercules Capital, Inc.), Loan and Security Agreement (Hercules Capital, Inc.)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the term "Borrower" “Borrowers” or the term “Parent” is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower Parent and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 22 contracts
Samples: Loan and Security Agreement (Telos Corp), Loan and Security Agreement (Old Evangeline Downs Capital Corp), Credit Agreement (Emrise CORP)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the term "“Borrower" ” is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower and its Subsidiaries on a consolidated basis basis, unless the context clearly requires otherwise.
Appears in 16 contracts
Samples: Credit Agreement (Servicesource International LLC), Credit Agreement (Servicesource International LLC), Credit Agreement (Powerwave Technologies Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the term "“Borrower" ” is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower on a consolidated basis unless the context clearly requires otherwise.
Appears in 12 contracts
Samples: Loan and Security Agreement (DecisionPoint Systems, Inc.), Loan and Security Agreement (Visualant Inc), Loan and Security Agreement (Andalay Solar, Inc.)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the term "Borrower" “Borrowers” or the term “Parent” is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower Parent and its Subsidiaries on a consolidated basis basis, unless the context clearly requires otherwise.
Appears in 11 contracts
Samples: Dip Credit Agreement (Foothills Resources Inc), Credit Agreement (Foothills Resources Inc), Credit Agreement (Youbet Com Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Borrower" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower Borrowers on a consolidated basis unless the context clearly requires otherwise.
Appears in 8 contracts
Samples: Loan and Security Agreement (Leslies Poolmart Inc), Loan and Security Agreement (Celebrity Inc), Loan and Security Agreement (Morrow Snowboards Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "BorrowerBorrowers" or the term "Parent" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower Parent and its Subsidiaries on a consolidated basis basis, unless the context clearly requires otherwise.
Appears in 6 contracts
Samples: Credit Agreement (Take Two Interactive Software Inc), Credit Agreement (WHX Corp), Credit Agreement (WHX Corp)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAPGenerally Accepted Accounting Principles. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Borrower" is , but need not include such notes or schedules when used in respect reference to such statements of any Person as of any date other than the end of a financial covenant or a related definition, it shall be understood to mean Borrower on a consolidated basis unless the context clearly requires otherwisefiscal year of such Person.
Appears in 6 contracts
Samples: Pledge Agreement (Todd Ao Corp), Credit Agreement (Todd Ao Corp), Credit Agreement (Liberty Livewire Corp)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "BorrowerParent" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower Parent and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 5 contracts
Samples: Loan and Security Agreement (Interdent Inc), Loan and Security Agreement (Communications & Power Industries Inc), Loan and Security Agreement (Us Home & Garden Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Subsidiary Borrower" is used in respect of a financial covenant or a related definition, it shall be understood to mean Subsidiary Borrower and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 4 contracts
Samples: Loan Agreement (Palm Inc), Loan Agreement (Palm Inc), Loan Agreement (Palm Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the term "Borrower" is used in respect of a financial covenant “Companies” or a related definition, it shall be understood to mean Borrower on a consolidated basis unless the context clearly requires otherwise.term “
Appears in 4 contracts
Samples: Loan and Security Agreement (Midway Games Inc), Loan and Security Agreement (Midway Games Inc), Unsecured Loan Agreement (Midway Games Inc)
Accounting Terms. All accounting terms not specifically defined herein ---------------- shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "BorrowerBorrowers" or the term "Parent" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower Parent and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 3 contracts
Samples: Loan and Security Agreement (Cellstar Corp), Loan and Security Agreement (Friede Goldman Halter Inc), Loan and Security Agreement (Hologic Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Borrower" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower on a consolidated basis (but excluding any Unrestricted Subsidiaries) unless the context clearly requires otherwise.
Appears in 3 contracts
Samples: Loan and Security Agreement (Texas New Mexico & Oklahoma Coaches Inc), Loan and Security Agreement (Vermont Transit Co Inc), Loan and Security Agreement (Los Buenos Leasing Co Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the term "Borrower" “Borrowers” or the term “Parent” is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower Borrowers and their Subsidiaries or Parent and its Subsidiaries, as applicable, on a consolidated basis unless the context clearly requires otherwise.
Appears in 3 contracts
Samples: Credit Agreement (Monotype Imaging Holdings Inc.), Credit Agreement (Monotype Imaging Holdings Inc.), Credit Agreement (Monotype Imaging Holdings Inc.)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the term "“Borrower" ” is used in respect of a financial covenant or a related definition, it shall be understood to mean Holdings, Borrower and their respective Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 2 contracts
Samples: Credit Agreement (SAVVIS, Inc.), Credit Agreement (SAVVIS, Inc.)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the term "“Borrower" ” is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein.
Appears in 2 contracts
Samples: Loan and Security Agreement (Unified Grocers, Inc.), Loan and Security Agreement (Unified Grocers, Inc.)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the terms “Borrowers”, “Guarantors”, “Loan Parties” or the term "Borrower" “Parent” is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower Parent and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 2 contracts
Samples: Loan and Security Agreement (LSB Industries Inc), Loan and Security Agreement (LSB Industries Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the term "Borrower" “Borrowers” is used in respect of a financial covenant or a related definition, it shall be understood to mean each Borrower and all of its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 2 contracts
Samples: Loan and Security Agreement (Proxim Corp), Loan and Security Agreement (Proxim Corp)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the term "Borrower" “Borrowers or Parent” is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower Parent and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 2 contracts
Samples: Loan and Security Agreement (Childrens Place Retail Stores Inc), Letter of Credit Agreement (Childrens Place Retail Stores Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the term "“Borrower" ” is used in respect of a financial covenant in Section 7.22 or a related definition, it shall be understood to mean Borrower and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 2 contracts
Samples: Loan and Security Agreement (Acme Communications Inc), Loan and Security Agreement (Acme Communications Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "BorrowerCompanies" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower on a consolidated basis unless the context clearly requires otherwise.term "
Appears in 2 contracts
Samples: Loan and Security Agreement (Midway Games Inc), Loan and Security Agreement (Norstan Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the term "Borrower" “Borrowers” or the term “Parent” is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower Parent and its Domestic Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 2 contracts
Samples: Loan and Security Agreement (Matrix Geophysical, Inc.), Loan and Security Agreement (Seitel Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "BorrowerBorrowers" or the term "Parent" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower Parent and its Domestic Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 2 contracts
Samples: Loan and Security Agreement (Seitel Inc), Loan and Security Agreement (Seitel Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Borrower" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower and its Subsidiaries (if any) on a consolidated basis unless the context clearly requires otherwise.
Appears in 2 contracts
Samples: Loan and Security Agreement (American Bank Note Holographics Inc), Loan and Security Agreement (American Bank Note Holographics Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Borrower" is used in respect of a financial covenant or a related definition, it shall be understood to mean such Borrower and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 2 contracts
Samples: Loan and Security Agreement (Majestic Investor Capital Corp), Loan and Security Agreement (Majestic Investor Capital Corp)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the term "Borrower" is used Any reference to any Person in respect of a financial covenant or a related definition, it definition shall be understood to mean Borrower such Person and its Subsidiaries on a consolidated basis basis, unless the context clearly requires otherwise.
Appears in 2 contracts
Samples: Credit Agreement (Princeton Review Inc), Trademark Security Agreement (Advent Software Inc /De/)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Borrower" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower and its Subsidiaries on a consolidated basis basis, unless the context clearly requires otherwise.
Appears in 2 contracts
Samples: Credit Agreement (Hawaiian Holdings Inc), Credit Agreement (Hawaiian Holdings Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAPGAAP applied on a consistent basis by the accounting entity to which they refer. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the term "Borrower" “Borrowers” or the term “Parent” is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower Parent and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 2 contracts
Samples: Loan and Security Agreement (Ultimate Electronics Inc), Loan and Security Agreement (Ultimate Electronics Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Borrower" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower on a consolidated basis unless the context clearly requires otherwise.
Appears in 2 contracts
Samples: Loan and Security Agreement (Starcraft Corp /In/), Loan Agreement (Philip Services Corp/De)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Borrower" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower and its Affiliates on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Samples: Loan and Security Agreement (En Pointe Technologies Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the term "“Borrower" ” is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower and its subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Samples: Loan and Security Agreement (InPoint Commercial Real Estate Income, Inc.)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the term "“Borrower" ” is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower Borrowers on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the term "Borrower" “Guarantor” is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower Guarantor and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Borrower" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower and its Restricted Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the term "Borrower" “Borrowers” or the term “Parent” is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower Borrowers and their Subsidiaries or Parent and its Subsidiaries, as applicable, on a consolidated basis basis, unless the context clearly requires otherwise.
Appears in 1 contract
Samples: Credit Agreement (Bookham, Inc.)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "BorrowerBorrowers" or the term "AMTROL" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower AMTROL and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Borrower" is used in respect of a financial or related covenant or a related definition, it shall be understood to mean Borrower and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Borrower" is used in respect of a financial covenant statement, financial covenant, or a related definition, it shall be understood to mean Borrower on a consolidated basis unless the context clearly requires otherwise.;
Appears in 1 contract
Samples: Loan and Security Agreement (Mountasia Entertainment International Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Borrower" a particular Person is used in identified with respect of to a financial covenant or a related definition, it shall be understood to mean Borrower such Person and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto, only when such term refers to Borrower's annual or quarterly financial statements required to be filed with the SEC. Whenever the term "Borrower" is used in respect of a financial covenant or a related definitiondefinition or context, it shall be understood to mean Borrower and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Samples: Loan and Security Agreement (Interact Commerce Corp)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Borrower" or "Holdings" is used in respect of a financial covenant covenant, financial test, or a related definition, it shall be understood to mean Borrower or Holdings, as applicable, on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "BorrowerBorrowers" or the term "Parent" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower Parent and its Subsidiaries (excluding Norwich) on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Samples: Loan and Security Agreement (Outsourcing Services Group Inc)
Accounting Terms. (a) All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the term "“Borrower" ” is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Samples: Loan and Guaranty Agreement (Payless Shoesource Inc /De/)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the term "“Borrower" ” is used in respect of a financial covenant or a related definitiondeliverable, it shall be understood to mean Borrower and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Samples: Loan and Security Agreement (Acme Communications Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Star" or "Borrower" or the "Obligors" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower the Star and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Samples: Loan and Security Agreement (Star Telecommunications Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Borrower" is used in respect of a financial covenant in Section 7.22 or a related definition, it shall be understood to mean Borrower and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Samples: Loan and Security Agreement (Acme Communications Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Borrower" is used in respect of a financial covenant or a related definition, it shall be understood to mean such Borrower on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the any notes and schedules thereto. Whenever the term "Borrower" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower and its Subsidiaries (other than Non-Restricted Subsidiaries) on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Samples: Loan and Security Agreement (New World Restaurant Group Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term terms "Borrower" is or "Loan Agreement Guarantors" are used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower and the Loan Agreement Guarantors on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Borrower" is used in respect of a financial covenant or a related definition, it shall be understood to mean the Borrower on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Samples: Loan and Security Agreement (Corrections Corp of America/Md)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "BorrowerBorrowers" or the term "Parent" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower Borrowers and their Subsidiaries or Parent and its Subsidiaries, as applicable, on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Borrower" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower on a consolidated basis the Consolidated Group unless the context clearly requires otherwise.
Appears in 1 contract
Samples: Loan and Security Agreement (Icf Kaiser International Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Borrower" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.. LOAN AND SECURITY AGREEMENT - Page 19 --------------------------
Appears in 1 contract
Samples: Loan and Security Agreement (Velocity Asset Management Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "BorrowerHoldings" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower Holdings on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the term "“Borrower" ”, “Originator” or “Parent” is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower such Person and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Samples: Loan and Security Agreement (Marlin Business Services Corp)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the term "“Borrower" ” is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower and its Subsidiaries, on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Samples: Subordinated Note Purchase Agreement (Alma Lasers Ltd.)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the term "“Borrower" ” or “Borrowers” is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower Borrowers on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Borrower" or "Parent" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower or Parent on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein ---------------- shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Borrower" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Samples: Loan and Security Agreement (National Home Centers Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the term "“Borrower" ” is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower and its Subsidiaries on a consolidated basis unless expressly stated otherwise or the context clearly requires otherwiseotherwise requires.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the term "“Borrower" ” is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower Parent and its Subsidiaries (if any) on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "BorrowerBorrowers" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower the Borrowers on a consolidated basis basis, unless the context clearly requires otherwise.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the term "“Borrower" ” or “Parent” or “Servicer” is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower such Person and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Samples: Loan and Security Agreement (LEAF Equipment Finance Fund 4, L.P.)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the term "“Borrower" ” is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower Parent and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "BorrowerBorrowers" or the term "P-Com" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower Borrowers or P-Com on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Borrower" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower on a consolidated basis unless the context clearly requires otherwise.a
Appears in 1 contract
Samples: Loan and Security Agreement (Bollinger Industries Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Borrower" is used in respect of a financial or related covenant or a related definition, it shall be understood to mean Borrower and its Restricted Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Borrower" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower on a consolidated basis with its Subsidiaries unless the context clearly requires otherwise.
Appears in 1 contract
Samples: Credit Agreement (Vista Eyecare Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAPGAAP consistently applied. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Borrower" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower on a consolidated basis basis, but exclusive of CTST, unless the context clearly requires otherwise.
Appears in 1 contract
Samples: Loan and Security Agreement (Communication Telesystems International)
Accounting Terms. All accounting terms not specifically defined herein ---------------- shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever When the term "Borrower" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Samples: Loan and Security Agreement (DSG International LTD)
Accounting Terms. All accounting terms not specifically defined ----------------- herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "SSA" or "Borrower" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower SSA and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Samples: Loan and Security Agreement (System Software Associates Inc)
Accounting Terms. All Xxx accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Borrower" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Samples: Loan and Security Agreement (Factory Card Outlet Corp)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "BorrowerCompanies" or the term "Obligors" or the term "Parent" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower Parent and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the term "Borrower" “Borrowers” is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower include Borrowers and their Subsidiaries on a consolidated combined basis unless the context clearly requires otherwise.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "BorrowerBorrowers" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower all Borrowers on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the term "“Borrower" ” or the term “Parent” is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower Parent and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Samples: Loan and Security Agreement (Lazy Days R.V. Center, Inc.)
Accounting Terms. All accounting terms not specifically defined herein ---------------- shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "SSA" or "Borrower" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower SSA and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Samples: Loan and Security Agreement (System Software Associates Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "BorrowerParent and its Subsidiaries" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower the Parent and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Samples: Loan and Security Agreement (General Datacomm Industries Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the term "Borrower" Borrower is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower and its Subsidiaries on a consolidated basis basis, unless the context clearly requires otherwise.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Borrower" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower on a consolidated basis unless the context thecontext clearly requires otherwise.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the term "Borrower" “Parent” is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower Parent and its Subsidiaries on a consolidated basis basis, unless the context clearly requires otherwise.
Appears in 1 contract
Samples: Credit Agreement (USA Mobility, Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the term "“Borrower" ” is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower and its Subsidiaries on a consolidated Consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Borrower" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower and its consolidated Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Samples: Loan and Security Agreement (Oneita Industries Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Borrower" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower on a consolidated basis unless the context clearly requires otherwise.of
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term the "Borrower" is used in respect of a financial covenant or a related definition, it shall be understood to mean the Borrower on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Samples: Term Loan and Security Agreement (Areawide Cellular Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. Whenever the term "Borrower" is used Any reference to any Person in respect of a financial covenant or a related definition, it definition shall be understood to mean Borrower such Person and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Samples: Credit Agreement (Lexar Media Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules schedules, if any, thereto. Whenever the term "BorrowerBorrower and its Subsidiaries" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules theretothereto except as otherwise expressly provided in this Agreement. Whenever the term "Borrower" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Samples: Loan and Security Agreement (Nabi Biopharmaceuticals)
Accounting Terms. All accounting terms not specifically defined herein ----------------- shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Borrower" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Borrower" or the term "Parent" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower Parent and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "Borrower" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower on a consolidated basis with the Subsidiaries of Borrower unless the context clearly requires otherwise.. 1.3 Code. Any terms used in this Agreement that are defined in the Code shall be construed and defined as set forth in the Code unless otherwise defined herein. 1.4
Appears in 1 contract
Samples: Loan and Security Agreement (CTC Communications Corp)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAPGAAP applied on a consistent basis by the accounting entity to which they refer. When used herein, the term "financial statements" shall include the notes and schedules thereto. Whenever the term "BorrowerBorrowers" or the term "Parent" is used in respect of a financial covenant or a related definition, it shall be understood to mean Borrower Parent and its Subsidiaries on a consolidated basis unless the context clearly requires otherwise.
Appears in 1 contract
Samples: Loan and Security Agreement (Ultimate Electronics Inc)
