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)
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
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:
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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
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
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
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
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
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
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
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
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
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)
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
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
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
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
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
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
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
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
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
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
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:
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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):);
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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):
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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):
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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 (practices, except to the extent modified by the definitions herein):the
Appears in 1 contract
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
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
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