Common use of Financial Condition Clause in Contracts

Financial Condition. Maintain Borrower's financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):

Appears in 105 contracts

Samples: Credit Agreement (Natural Alternatives International Inc), Credit Agreement (Medalist Diversified REIT, Inc.), Credit Agreement (Werner Enterprises Inc)

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Financial Condition. Maintain Borrower's ’s financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):

Appears in 37 contracts

Samples: Credit Agreement, Credit Agreement (Werner Enterprises Inc), Credit Agreement (Culp Inc)

Financial Condition. Maintain Borrower's financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (practices, except to the extent modified by the definitions herein):following definitions:

Appears in 15 contracts

Samples: Loan Agreement (Pro Dex Inc), Wells Fargo Loan Agreement (Pro Dex Inc), Wells Fargo Bank Loan Agreement (Fiberstars Inc /Ca/)

Financial Condition. Maintain Borrower's consolidated financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):

Appears in 10 contracts

Samples: Credit Agreement (Corio Inc), Credit Agreement (Natrol Inc), Credit Agreement (Dynamic Materials Corp)

Financial Condition. Maintain Borrower's ’s consolidated financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):

Appears in 7 contracts

Samples: Credit Agreement (Communications Systems Inc), Credit Agreement, Credit Agreement (Barrett Business Services Inc)

Financial Condition. Maintain Borrower's Borrower shall maintain its financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):): Definitions:

Appears in 4 contracts

Samples: Business Loan Agreement (Rocky Mountain Chocolate Factory Inc), Business Loan Agreement (Rocky Mountain Chocolate Factory Inc), Business Loan Agreement (Rocky Mountain Chocolate Factory Inc)

Financial Condition. Maintain Borrower's the financial condition of Borrower and its Subsidiaries on a consolidated basis as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):

Appears in 3 contracts

Samples: Credit Agreement (Skullcandy, Inc.), Credit Agreement (Skullcandy, Inc.), Credit Agreement (Skullcandy, Inc.)

Financial Condition. Maintain Borrower's financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):)

Appears in 3 contracts

Samples: Credit Agreement (Cray Inc), Credit Agreement (Cray Inc), Credit Agreement (Laser Power Corp/Fa)

Financial Condition. Maintain Borrower's financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):), with compliance determined commencing with Borrower's financial statements for the period ending March 31, 2005:

Appears in 2 contracts

Samples: Credit Agreement (Incentra Solutions, Inc.), Credit Agreement (Incentra Solutions, Inc.)

Financial Condition. Maintain (a) Maintain, or cause to be maintained, Borrower's financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):

Appears in 2 contracts

Samples: Credit Agreement (Allis Chalmers Corp), Credit Agreement (Allis Chalmers Corp)

Financial Condition. Maintain Borrower's the consolidated financial condition of Borrower and its Subsidiaries as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):

Appears in 2 contracts

Samples: Credit Agreement (Symmetricom Inc), Credit Agreement (Datum Inc)

Financial Condition. Maintain Borrower's the financial condition of Borrower and its subsidiaries as follows using follows, using/determined based on generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):), and performing or satisfying the other below-referenced obligations or conditions:

Appears in 2 contracts

Samples: Credit Agreement (All Market Inc.), Credit Agreement (All Market Inc.)

Financial Condition. Maintain Maintain, or cause to be maintained, Borrower's financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):

Appears in 2 contracts

Samples: Credit Agreement (Allis Chalmers Corp), Credit Agreement (Allis Chalmers Corp)

Financial Condition. Maintain Borrower's ’s financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):), with compliance determined commencing with Borrower’s financial statements for the period ending December 31, 2007:

Appears in 2 contracts

Samples: Credit Agreement (Orion Energy Systems, Inc.), Credit Agreement (Orion Energy Systems, Inc.)

Financial Condition. Maintain Borrower's financial condition condition, on a consolidated basis, as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):), with compliance determined commencing with Borrower's financial statements for the period ending December 31, 2007:

Appears in 2 contracts

Samples: Credit Agreement (Medtox Scientific Inc), Credit Agreement (Emeritus Corp\wa\)

Financial Condition. Maintain Borrower's financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):).

Appears in 2 contracts

Samples: Credit Agreement (Natures Sunshine Products Inc), Credit Agreement (Englobal Corp)

Financial Condition. Maintain Borrower's financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (practices, except to the extent modified by the definitions herein):otherwise set forth in this Agreement:

Appears in 2 contracts

Samples: Credit Agreement (Chalone Wine Group LTD), Credit Agreement (Chalone Wine Group LTD)

Financial Condition. Maintain Borrower's ’s financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):), with compliance determined commencing with Borrower’s financial statements for the period ending June 30, 2004:

Appears in 2 contracts

Samples: Credit Agreement (Symmetricom Inc), Credit Agreement (Symmetricom Inc)

Financial Condition. Maintain Borrower's financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):), with compliance determined commencing with Borrower's consolidated financial statements for the period ending October 31, 2014:

Appears in 1 contract

Samples: Credit Agreement (Sigmatron International Inc)

Financial Condition. Maintain Borrower's financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):), with compliance determined commencing with Borrower's financial statements for the period ending October 31, 1997:

Appears in 1 contract

Samples: Active Voice Corp

Financial Condition. Maintain Borrower's the financial condition of Borrower and the Subsidiaries on a consolidated basis as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):

Appears in 1 contract

Samples: Credit Agreement (Invivo Corp)

Financial Condition. Maintain Borrower's consolidated financial condition as follows follows, using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):), with compliance determined commencing with Borrower's financial statements for the period ending March 29, 2009:

Appears in 1 contract

Samples: Credit Agreement (Sunpower Corp)

Financial Condition. Maintain Borrower's financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):), with compliance determined commencing with Borrower's financial statements for the period ending March 31, 2020: 

Appears in 1 contract

Samples: Credit Agreement (Flexsteel Industries Inc)

Financial Condition. Maintain Borrower's financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):.

Appears in 1 contract

Samples: Credit Agreement (Allis Chalmers Corp)

Financial Condition. Maintain Borrower's financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):) , with compliance determined commencing with Borrower's financial statements for the period ending March 31, 1997:

Appears in 1 contract

Samples: Credit Agreement (In Focus Systems Inc)

Financial Condition. Maintain Borrower's ’s consolidated financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):), with compliance determined commencing with Borrower’s financial statements for the period ending September 30, 2011:

Appears in 1 contract

Samples: Credit Agreement (Synaptics Inc)

Financial Condition. Maintain Borrower's financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):), with compliance determined commencing with Xxxxxxxx's financial statements for the period ending March 31, 2004:

Appears in 1 contract

Samples: Microtel International Inc

Financial Condition. Maintain Borrower's financial condition as ------------------- follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):

Appears in 1 contract

Samples: International Network Services

Financial Condition. Maintain Borrower's financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):), with compliance determined commencing with Borrower's financial statements for the period ending March 31, 2004:

Appears in 1 contract

Samples: Credit Agreement (Barrett Business Services Inc)

Financial Condition. Maintain Borrower's financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):), with compliance determined commencing with Borrower's financial statements for the period ending March 31, 2003:

Appears in 1 contract

Samples: Credit Agreement (Cray Inc)

Financial Condition. Maintain Borrower's ’s financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):), with compliance determined commencing with Borrower’s financial statements for the period ending March 31, 2002:

Appears in 1 contract

Samples: Credit Agreement (Datalink Corp)

Financial Condition. Maintain Borrower's ’s financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):), with compliance determined commencing with Borrower’s financial statements for the period ending September 30, 2011:

Appears in 1 contract

Samples: Credit Agreement (Red Lion Hotels CORP)

Financial Condition. Maintain Borrower's consolidated financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):), with compliance determined commencing with Borrower's financial statements for the period ending June 30, 2000:

Appears in 1 contract

Samples: Credit Agreement (Auto Graphics Inc)

Financial Condition. Maintain Borrower's ’s and its Subsidiaries’ consolidated financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):

Appears in 1 contract

Samples: Credit Agreement (Surmodics Inc)

Financial Condition. Maintain Borrower's financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):), with compliance determined commencing with Borrower's financial statements for the period ending September 30, 1996:

Appears in 1 contract

Samples: Credit Agreement (In Focus Systems Inc)

Financial Condition. Maintain Borrower's ’s financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):), with compliance determined commencing with Borrower’s financial statements for the period ending September 26, 2009:

Appears in 1 contract

Samples: Credit Agreement (Key Tronic Corp)

Financial Condition. Maintain Borrower's financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein)::

Appears in 1 contract

Samples: Credit Agreement (EnviroStar, Inc.)

Financial Condition. Maintain Borrower's financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):) , with compliance determined commencing with Borrower's financial statements for the period ending May 31, 1996:

Appears in 1 contract

Samples: Credit Agreement (Southwest Water Co)

Financial Condition. Maintain Borrower's financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):), with compliance determined commencing with Borrower's financial statements for the period ending September 30, 2001:

Appears in 1 contract

Samples: Credit Agreement (Hall Kinion & Associates Inc)

Financial Condition. Maintain Borrower's financial condition as follows follows, using generally accepted accounting principles consistently applied and used consistently with prior practices (practices, except to the extent modified by the definitions herein):below.

Appears in 1 contract

Samples: Credit Agreement (Natural Wonders Inc)

Financial Condition. Maintain Borrower's financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):), with compliance determined commencing with Borrower's financial statements for the period ending January 31, 2001:

Appears in 1 contract

Samples: Credit Agreement (Virco MFG Corporation)

Financial Condition. Maintain Borrower shall maintain Borrower's financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):

Appears in 1 contract

Samples: Pacific Magtron International Corp

Financial Condition. Maintain Borrower's Borrowers financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):

Appears in 1 contract

Samples: Credit Agreement (Pro Dex Inc)

Financial Condition. Maintain Borrower's financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):), with compliance determined commencing with Borrower's financial statements and Projections on each anniversary of the date of the Loan and until the Loan is no longer outstanding:

Appears in 1 contract

Samples: Credit Agreement (Corixa Corp)

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Financial Condition. Maintain Borrower's financial condition as follows ------------------- using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):

Appears in 1 contract

Samples: Staar Surgical Company

Financial Condition. Maintain Borrower's financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):): Covenants (a) through (d) to apply only if the Term Loan has been repaid in full:

Appears in 1 contract

Samples: Credit Agreement (Sportsmans Guide Inc)

Financial Condition. Maintain Borrower's financial condition condition, determined on a consolidated basis for Borrower and Parent, as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):

Appears in 1 contract

Samples: Credit Agreement (Lmi Aerospace Inc)

Financial Condition. Maintain Borrower's financial condition as follows follows, using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):

Appears in 1 contract

Samples: Credit Agreement (Key Tronic Corp)

Financial Condition. Maintain Borrower's financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):), with compliance determined commencing with Borrower's financial statements for the period ending June 30, 2013:

Appears in 1 contract

Samples: Credit Agreement (Red Lion Hotels CORP)

Financial Condition. Maintain Borrower's financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):), with compliance determined commencing with Borrower's financial statements for the period ending March 31, 2003;

Appears in 1 contract

Samples: Credit Agreement (Barrett Business Services Inc)

Financial Condition. Maintain Borrower's ’s financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):)”

Appears in 1 contract

Samples: Credit Agreement (Renaissance Learning Inc)

Financial Condition. Maintain Borrower's ’s financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (practices, except to the extent modified by the definitions herein):following definitions:

Appears in 1 contract

Samples: Loan Agreement Wells Fargo (Fiberstars Inc /Ca/)

Financial Condition. Maintain Borrower's Borrower shall maintain its financial condition conditions as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):), with compliance determined commencing with Borrower's financial statements for the period ending Dec 31st.

Appears in 1 contract

Samples: Asv Inc /Mn/

Financial Condition. Maintain Borrower's ’s financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):), with compliance determined commencing with Borrower’s financial statements for the period ending December 31, 2005:

Appears in 1 contract

Samples: Credit Agreement (Iteris, Inc.)

Financial Condition. Maintain Borrower's financial ------------------- condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):

Appears in 1 contract

Samples: Barrett Business Services Inc

Financial Condition. Maintain Borrower's ’s financial condition as follows using generally accepted accounting principles (“U.S. GAAP”) consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):

Appears in 1 contract

Samples: Credit Agreement (Astro Med Inc /New/)

Financial Condition. Maintain Borrower's financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):), with compliance determined commencing with Borrower's financial statements for the period ending April 30, 1999:

Appears in 1 contract

Samples: Credit Agreement (Rexx Environmental Corp)

Financial Condition. Maintain Borrower's ’s financial condition condition, as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):), with compliance determined commencing with Borrower’s financial statements for the period ending December 31, 2003:

Appears in 1 contract

Samples: Credit Agreement (Iteris, Inc.)

Financial Condition. Maintain Borrower's financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):), with compliance determined commencing with Borrower's financial statements for the period ending December 31, 2006:

Appears in 1 contract

Samples: Credit Agreement (Cost U Less Inc)

Financial Condition. Maintain Borrower's ’s financial condition as follows using generally accepted accounting principles consistently applied and used consistently consistent with prior practices (except to the extent modified by the definitions herein):), with compliance determined commencing with Borrower’s financial statements for the period ending June 30, 2011:

Appears in 1 contract

Samples: Credit Agreement (Pinnacle Data Systems Inc)

Financial Condition. Maintain Borrower's financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):), with compliance determined commencing with Xxxxxxxx's financial statements for the period ending July 31, 1998:

Appears in 1 contract

Samples: Gametech International Inc

Financial Condition. Maintain Borrower's ’s financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):), with compliance determined commencing with Borrower’s financial statements for the period ending prior to the initial advance, measured monthly unless there are no outstandings under the Line of Credit, in which case measured quarterly:

Appears in 1 contract

Samples: Credit Agreement (Fallbrook Technologies Inc)

Financial Condition. Maintain Borrower's ’s financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions hereinherein and except for the fact that, for the purposes of this Section 4.9, Borrower’s financial condition shall not be consolidated with Integrated, Impac or any other entity):

Appears in 1 contract

Samples: Credit Agreement (Impac Mortgage Holdings Inc)

Financial Condition. Maintain Borrower's ’s financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):), with compliance determined commencing with Borrower’s consolidated financial statements for the period ending January 31, 2010:

Appears in 1 contract

Samples: Credit Agreement (Sigmatron International Inc)

Financial Condition. Maintain Borrower's ’s financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):);

Appears in 1 contract

Samples: Credit Agreement (First Consulting Group Inc)

Financial Condition. Maintain Borrower's financial condition condition, on a consolidated basis, as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):

Appears in 1 contract

Samples: Credit Agreement (Gametech International Inc)

Financial Condition. Maintain Borrower's ’s financial condition on a consolidated basis with its subsidiaries as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):

Appears in 1 contract

Samples: Credit Agreement (Hemacare Corp /Ca/)

Financial Condition. Maintain Borrower's financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (practices, except to the extent modified by the definitions herein):the

Appears in 1 contract

Samples: Credit Agreement (Turbodyne Technolgies Inc)

Financial Condition. Maintain Borrower's ’s financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):), with compliance determined commencing with Borrower’s consolidated financial statements for the period ending January 31, 2013:

Appears in 1 contract

Samples: Credit Agreement (Sigmatron International Inc)

Financial Condition. Maintain To maintain Borrower's financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):

Appears in 1 contract

Samples: Business Loan Agreement (Apollo Group Inc)

Financial Condition. Maintain Borrower's the financial condition of Borrower and its subsidiaries as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):

Appears in 1 contract

Samples: Credit Agreement (GoPro, Inc.)

Financial Condition. Maintain Borrower's financial condition as follows using generally accepted accounting principles consistently applied and used consistently with prior practices (except to the extent modified by the definitions herein):), with compliance determined commencing with Borrower's financial statements for the period ending January 31, 2002:

Appears in 1 contract

Samples: Credit Agreement (Virco MFG Corporation)

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