Common use of Accounting and Financial Determinations Clause in Contracts

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5.

Appears in 11 contracts

Samples: Credit Agreement (Markwest Hydrocarbon Inc), Credit Agreement (U.S. Shipping Partners L.P.), Credit Agreement (Copano Energy, L.L.C.)

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Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.47.2.3) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5.

Appears in 8 contracts

Samples: Credit Agreement (Noble Energy Inc), Term Loan Agreement (Noble Energy Inc), Credit Agreement (Noble Energy Inc)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.47.2.3) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5.

Appears in 6 contracts

Samples: Credit Agreement (Andrew Corp), Credit Agreement (Northern Border Partners Lp), Credit Agreement (Bairnco Corp /De/)

Accounting and Financial Determinations. Unless otherwise --------------------------------------- specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial ------------- statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied ---- in the preparation of the financial statements referred to in Section 6.5.. -----------

Appears in 5 contracts

Samples: Credit Agreement (Roberts Pharmaceutical Corp), Credit Agreement (Buy Com Inc), Credit Agreement (Ameritel Pay Phones Inc)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section SECTION 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section SECTION 6.5.

Appears in 4 contracts

Samples: Credit Agreement (Andrew Corp), Credit Agreement (Markwest Hydrocarbon Inc), Credit Agreement (Markwest Hydrocarbon Inc)

Accounting and Financial Determinations. (a) Unless otherwise specifiedspecified and subject to Section 1.4(b) below, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied ), as in the preparation of the financial statements referred to in Section 6.5effect on December 31, 1998 and, unless otherwise expressly provided herein, shall be computed or determined on a consolidated basis and without duplication.

Appears in 3 contracts

Samples: Credit Agreement (Charles River Laboratories Inc), Credit Agreement (Charles River Laboratories International Inc), Credit Agreement (Charles River Laboratories Holdings Inc)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be mademade in accordance with generally accepted accounting principles ("GAAP") as in effect as of December 31, and 1997, but all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied with GAAP as in the preparation of the financial statements referred effect from time to in Section 6.5time.

Appears in 3 contracts

Samples: Credit Agreement (Nextel Partners Inc), Credit Agreement (Nextel Partners Inc), Credit Agreement (Pasta Group L L C)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section Sections 7.2.2 and 7.2.4) shall be mademade in accordance with generally accepted accounting principles (“GAAP”) as in effect on the Effective Date of this Agreement, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance withwith GAAP as in effect on the date of, those generally accepted accounting principles ("GAAP") or for the period covered by, such financial statements, and applied in the preparation of the financial statements referred to in Section 6.5.

Appears in 3 contracts

Samples: Credit Agreement (McCormick & Co Inc), Credit Agreement (McCormick & Co Inc), Credit Agreement (McCormick & Co Inc)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4SECTION 8.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5SECTION 7.7.

Appears in 3 contracts

Samples: Credit Agreement (Esenjay Exploration Inc), Credit Agreement (Esenjay Exploration Inc), Credit Agreement (Esenjay Exploration Inc)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.48.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those United States generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.57.7.

Appears in 3 contracts

Samples: Credit Agreement (Alliance Resources PLC), Credit Agreement (Alliance Resources PLC), Credit Agreement (American Rivers Oil Co /De/)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared prepared, in accordance with, with those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5.

Appears in 3 contracts

Samples: Credit Agreement (Vintage Petroleum Inc), Credit Agreement (Vintage Petroleum Inc), Credit Agreement (Vintage Petroleum Inc)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document certificate shall be interpreted, and all accounting determinations and computations hereunder or thereunder (including under those contained in Section 7.2.47) shall be made, and all financial statements and reports required to be delivered hereunder or thereunder shall be prepared in accordance with, with GAAP consistently applied with those generally accepted accounting principles ("GAAP") applied used in the preparation of the financial statements referred to in Section 6.56.6.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Van Kampen American Capital Prime Rate Income Trust), Revolving Credit Agreement (Van Kampen American Capital Prime Rate Income Trust)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.48.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.57.7.

Appears in 2 contracts

Samples: Credit Agreement (Future Petroleum Corp/Ut/), Credit Agreement (Bargo Energy Co)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles in the United States ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5.

Appears in 2 contracts

Samples: Credit Agreement (Cable Tv Fund 11-B LTD), Secured Term Loan Agreement (Plains Resources Inc)

Accounting and Financial Determinations. Unless otherwise --------------------------------------- specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial ------------- statements required to be delivered hereunder or thereunder shall be prepared prepared, in accordance with, with those generally accepted accounting principles ("GAAP") ---- applied in the preparation of the financial statements referred to in Section ------- 6.5.. ---

Appears in 2 contracts

Samples: Credit Agreement (Vintage Petroleum Inc), Security Agreement (Aristotle Corp)

Accounting and Financial Determinations. (a) Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared prepared, in accordance with, with those generally accepted accounting principles ("GAAP") applied ), as in the preparation of the financial statements referred to in Section 6.5.effect

Appears in 2 contracts

Samples: Credit Agreement (Brand Scaffold Services Inc), Credit Agreement (Brand Scaffold Services Inc)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.47.2.3) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles in the United States ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5.

Appears in 2 contracts

Samples: Credit Agreement (Cimarex Energy Co), Credit Agreement (Cimarex Energy Co)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4SECTION 7.2.3) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section SECTION 6.5.

Appears in 2 contracts

Samples: Credit Agreement (Noble Affiliates Inc), Credit Agreement (Noble Affiliates Inc)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section SECTION 6.5.

Appears in 2 contracts

Samples: Guaranty Agreement, Credit Agreement (Price/Costco Inc)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles in effect from time to time in the United States ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5., except that quarterly financial statements are not required to contain footnotes. ARTICLE II

Appears in 2 contracts

Samples: Credit Agreement (Edison Mission Energy), Credit Agreement (Edison Mission Energy)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5.

Appears in 2 contracts

Samples: Credit Agreement (Aegis Communications Group Inc), Credit Agreement (Markwest Hydrocarbon Inc)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.48.2.3) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of United States at the financial statements referred to time in Section 6.5effect.

Appears in 2 contracts

Samples: Credit Agreement (Simpson Industries Inc), Credit Agreement (Simpson Industries Inc)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") consistent with those applied in the preparation of the financial statements referred to in Section 6.57.5 ("GAAP").

Appears in 2 contracts

Samples: Credit Agreement (Warnaco Group Inc /De/), Credit Agreement (Warnaco Group Inc /De/)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.48.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred effect from time to in Section 6.5time.

Appears in 2 contracts

Samples: Credit Agreement (Calpine Corp), Bridge Credit Agreement (Calpine Corp)

Accounting and Financial Determinations. (a) Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied ), as in the preparation of the financial statements referred to in Section 6.5effect on June 30, 1996 and, unless otherwise expressly provided herein, shall be computed or determined on a consolidated basis and without duplication.

Appears in 2 contracts

Samples: Credit Agreement (Decisionone Corp /De), Credit Agreement (Decisionone Corp /De)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.48.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.57.7.

Appears in 1 contract

Samples: Credit Agreement (Sonoran Energy Inc)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied ), as in the preparation of the financial statements referred to in Section 6.5effect on December 28, 1996 and, unless otherwise expressly provided herein, shall be computed or determined on a consolidated basis and without duplication.

Appears in 1 contract

Samples: Credit Agreement (Duane Reade Inc)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.48.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5.

Appears in 1 contract

Samples: Credit Agreement (Pogo Producing Co)

Accounting and Financial Determinations. Unless otherwise --------------------------------------- specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial ------------- statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") ---- applied in the preparation of the audited financial statements referred to in Section 6.5.. -----------

Appears in 1 contract

Samples: Credit Agreement (Oregon Steel Mills Inc)

Accounting and Financial Determinations. Unless otherwise --------------------------------------- specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5.. -----------

Appears in 1 contract

Samples: Credit Agreement (Mycogen Corp)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance withwith GAAP, those generally accepted accounting principles ("GAAP") consistently applied, which were applied in the preparation of the financial statements referred to in Section 6.56.6.

Appears in 1 contract

Samples: Credit Agreement (Abraxas Petroleum Corp)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations commutations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the audited financial statements referred to in Section 6.5.

Appears in 1 contract

Samples: Credit Agreement (Penford Corp)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those U.S. generally accepted accounting principles ("GAAP") ”), consistently applied, which were applied in the preparation of the financial statements referred to in Section 6.5.

Appears in 1 contract

Samples: Credit Agreement (Callon Petroleum Co)

Accounting and Financial Determinations. (a) Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, and all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.55.1. Unless otherwise expressly provided, all financial covenants and defined financial terms shall be computed on a consolidated basis for the Borrower and its Subsidiaries, in each case without duplication.

Appears in 1 contract

Samples: Security Agreement (Titan Corp)

Accounting and Financial Determinations. Unless --------------------------------------- otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles in effect in the United States ("GAAP") applied ---- in the preparation of the financial statements referred to in Section 6.5, except that quarterly financial statements are not required to contain footnotes.

Appears in 1 contract

Samples: Credit Agreement (Edison Mission Energy)

Accounting and Financial Determinations. Unless otherwise specified, all All accounting terms used herein or in any other Loan Document (except to the extent set forth herein or therein) shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those with generally accepted accounting principles as in effect in Canada ("GAAP"), in each case, applied (subject to the provisions of Clause 1.7) applied in on a basis consistent with the preparation of the financial statements referred to in Section Clause 6.5.

Appears in 1 contract

Samples: Agreement (Bema Gold Corp /Can/)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those U.S. generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5.

Appears in 1 contract

Samples: Credit Agreement (Markwest Hydrocarbon Inc)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those with generally accepted accounting principles as in effect from time to time in the United States ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5), consistently applied.

Appears in 1 contract

Samples: Credit Agreement (Metrocall Inc)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5.. ARTICLE II

Appears in 1 contract

Samples: Credit Agreement (Cencom Cable Income Partners Ii L P)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, with5 those generally accepted accounting principles in the United States ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5.

Appears in 1 contract

Samples: Credit Agreement (Winokur Herbert S Jr)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Transaction Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") set forth in opinions and pronouncements of the Accounting Principles Board of the American Institute of Certified Public Accountants and statements and pronouncements of the Financial Accounting Standards Board, in each case as applied in the preparation of the financial statements referred to in Section 6.54.7.

Appears in 1 contract

Samples: Amended And (Ladish Co Inc)

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Accounting and Financial Determinations. Unless --------------------------------------- otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the ---- preparation of the financial statements referred to in Section 6.5.

Appears in 1 contract

Samples: Credit Agreement (Manor Investment Co Inc)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section SECTION 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those U.S. generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section SECTION 6.5.

Appears in 1 contract

Samples: Credit Agreement (Markwest Hydrocarbon Inc)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles in effect from time to time in the United States ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5, except that quarterly financial statements are not required to contain footnotes.

Appears in 1 contract

Samples: Facility Lease Agreement (Edison Mission Energy)

Accounting and Financial Determinations. Unless --------------------------------------- otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all ------------- financial statements required to be delivered hereunder or thereunder shall be prepared prepared, in accordance with, with those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in ---- Section 6.5.. -----------

Appears in 1 contract

Samples: Credit Agreement (Vintage Petroleum Inc)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other each Loan Document shall be interpreted, and all accounting determinations and computations hereunder or thereunder (including under Section 7.2.48.2.4 and the definitions used in such calculations) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, with those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5.5.1.12

Appears in 1 contract

Samples: Credit Agreement (United Surgical Partners International Inc)

Accounting and Financial Determinations. Unless otherwise specified, all All accounting terms used herein or (except to the extent set forth therein) in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles International Accounting Standards ("GAAP"), in each case, applied (subject to the provisions of Clause 1.7) applied in on a basis consistent with the preparation of the financial statements referred to in Section 6.5Clause 7.6(a).

Appears in 1 contract

Samples: Supplemental Agreement (Randgold Resources LTD)

Accounting and Financial Determinations. (a) Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section SECTION 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared prepared, in accordance with, with those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section SECTION 6.5.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Key Components LLC)

Accounting and Financial Determinations. Unless otherwise --------------------------------------- specified, all accounting terms used herein or in any other Loan Document shall be interpreted, and all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared made in accordance with, with ------------- those generally accepted accounting principles ("GAAP") applied in the ---- preparation of the financial statements referred to in clause (a) of Section 6.5.5.1.11

Appears in 1 contract

Samples: Credit Agreement (Primestar Inc)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles in effect from time to time in the United States ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5, except that quarterly financial statements are not required to contain footnotes.

Appears in 1 contract

Samples: Facility Lease Agreement (Edison Mission Energy)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") ), as in effect on December 31, 1995, applied in the preparation of the audited financial statements referred to in Section 6.57.1.13.

Appears in 1 contract

Samples: Credit Agreement (Brand Scaffold Services Inc)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5consistently applied.

Appears in 1 contract

Samples: Credit Agreement (Tele Communications International Inc)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied ), as in the preparation of the financial statements referred effect from time to in Section 6.5time and, unless otherwise expressly provided herein, shall be computed or determined on a consolidated basis and without duplication.

Appears in 1 contract

Samples: Term Loan Agreement (Pioneer East Inc)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.55.5.

Appears in 1 contract

Samples: Credit Agreement (Hi Rise Recycling Systems Inc)

Accounting and Financial Determinations. (a) Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared prepared, in accordance with, with those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Key Components Finance Corp)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.56.6.

Appears in 1 contract

Samples: Credit Agreement (Kemper High Income Trust)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section SECTION 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section SECTION 6.5.. Without limitation of the foregoing, for purposes of the defined terms

Appears in 1 contract

Samples: Patent Security Agreement (Dayton Superior Corp)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied as in effect on the preparation of the financial statements referred to in Section 6.5Closing Date.

Appears in 1 contract

Samples: Credit Agreement (Triarc Companies Inc)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5SECTION 5.5.

Appears in 1 contract

Samples: Credit Agreement (Hi Rise Recycling Systems Inc)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles in the United States ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5).

Appears in 1 contract

Samples: Credit Agreement (Ing Us Capital LLC)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied as in the preparation effect as of the financial statements referred to in Section 6.5April 24, 1999.

Appears in 1 contract

Samples: Credit Agreement (Gutbusters Pty LTD)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") ), consistently applied, which were applied in the preparation of the financial statements referred to in Section 6.5.

Appears in 1 contract

Samples: Credit Agreement (Energy Search Inc)

Accounting and Financial Determinations. Unless otherwise specified, all All accounting terms used herein or (except to the extent set forth therein) in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles with International Accounting Standards ("GAAP"), in each case, applied (subject to the provisions of Clause 1.7) applied in on a basis consistent with the preparation of the financial statements referred to in Section 6.5Clause 6.5(a).

Appears in 1 contract

Samples: Loan Agreement (Randgold Resources LTD)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4SECTION 8.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5SECTION 7.5.

Appears in 1 contract

Samples: Credit Agreement (Cornerstone Propane Partners Lp)

Accounting and Financial Determinations. Unless otherwise --------------------------------------- specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial ------------- statements required to be delivered hereunder or thereunder shall be prepared prepared, in accordance with, with those generally accepted accounting principles ("GAAP") ---- applied in the preparation of the financial statements referred to in Section 6.56.5 .

Appears in 1 contract

Samples: Credit Agreement (Aristotle Corp)

Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.48.2.4) shall be made, and all financial statements required to /to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in effect in the preparation of the financial statements referred United States from time to in Section 6.5time.

Appears in 1 contract

Samples: Credit Agreement (Calpine Corp)

Accounting and Financial Determinations. Unless --------------------------------------- otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles in effect in the United States ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5, except that quarterly financial statements are not required to contain footnotes.

Appears in 1 contract

Samples: Credit Agreement (Edison Mission Energy)

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