ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 28 contracts
Samples: Loan and Security Agreement (Faxsav Inc), Loan and Security Agreement (Pacific Biometrics Inc), Loan and Security Agreement (Tripath Imaging Inc)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includesincluding"/"includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 8 contracts
Samples: Loan and Security Agreement (Endocare Inc), Loan and Security Agreement (Newgen Results Corp), Loan Modification Agreement (Art Technology Group Inc)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ including" / "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 6 contracts
Samples: Loan and Security Agreement (E Loan Inc), Loan and Security Agreement (Integrated Packaging Assembly Corp), Loan and Security Agreement (Home Director Inc)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically -------------------------- defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 6 contracts
Samples: Loan and Security Agreement (C-Bridge Internet Solutions Inc), Loan and Security Agreement (Astea International Inc), Loan and Security Agreement (Open Market Inc)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ including" and "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 5 contracts
Samples: Senior Subordinated Loan and Security Agreement (Objectspace Inc), Loan and Security Agreement (Vtel Corp), Loan and Security Agreement (Vtel Corp)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ including" or "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 5 contracts
Samples: Loan and Security Agreement (Juno Online Services Inc), Loan and Security Agreement (Ibasis Inc), Loan and Security Agreement (Silknet Software Inc)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.include
Appears in 4 contracts
Samples: August 1999 Loan Modification Agreement (Imanage Inc), Loan and Security Agreement (Imanage Inc), Loan and Security Agreement (Imanage Inc)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "terms “financial statements" ” shall include the notes and schedules thereto. The All other terms "including"/ "includes" contained in this Agreement, unless otherwise indicated, shall always be read as have the meaning "including (or includes) without limitation", when used herein or in any other Loan Documentprovided by the Code to the extent such terms are defined therein.
Appears in 3 contracts
Samples: Loan and Security Agreement (Lightpath Technologies Inc), Loan and Security Agreement (Lightpath Technologies Inc), Loan and Security Agreement (Lightpath Technologies Inc)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. The terms "including"/ "“including” / “includes" ” shall always be read as meaning "“including (or includes) without limitation", ,” when used herein or in any other Loan Document.
Appears in 3 contracts
Samples: Loan and Security Agreement (Focus Enhancements Inc), Loan and Security Agreement (Anda Networks Inc), Loan and Security Agreement (Versata Inc)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Maker Communications Inc), Loan and Security Agreement (Maker Communications Inc)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includesincluding"/"includes" shall always be read as meaning "including (or includes) without limitation", ," when used herein or in any other Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Hybridon Inc), Loan Modification Agreement (Quintus Corp)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall refer to the financial statements of Borrower prepared on a separate company basis and shall include the notes and schedules thereto. The terms "including"/ including" / "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 2 contracts
Samples: Subordination Agreement (Hybrid Networks Inc), Loan and Security Agreement (Ribogene Inc / Ca/)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAPGASP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Vista Medical Technologies Inc), Loan and Security Agreement (Vista Medical Technologies Inc)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.terms
Appears in 2 contracts
Samples: Loan and Security Agreement (Faxsav Inc), Loan and Security Agreement (Faxsav Inc)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ including" / "includes" shall always be read as meaning "including (or includes) without limitation", ," when used herein or in any other Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Integrated Packaging Assembly Corp), Loan and Security Agreement (Integrated Packaging Assembly Corp)
ACCOUNTING AND OTHER TERMS. All accounting terms not -------------------------- specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includesincluding"/"includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein or any other Loan Document shall be construed in all the Loan Documents in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includesincluding"/"includes" shall always be read as meaning "including (or includes) without limitation", ," when used herein or in any other Loan Document.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in .in accordance with GAAP. When used herein, the term "'financial statements" ' shall include the notes and schedules thereto. The terms "including"/ including" or "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includesincluding"/"includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto, if any, subject to year-end adjustments for unaudited financial statements. The terms "including"/ "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includes" shall always be read as meaning "including (or includes) without limitation", ," when used herein or in any other Loan Document.
Appears in 1 contract
Samples: Loan and Security Agreement (Safeguard Health Enterprises Inc)
ACCOUNTING AND OTHER TERMS. All accounting terms not -------------------------- specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ including" or "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 1 contract
Samples: Loan and Security Agreement (Esperion Therapeutics Inc/Mi)
ACCOUNTING AND OTHER TERMS. All accounting terms not -------------------------- specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document. 2.
Appears in 1 contract
Samples: Loan and Security Agreement (Manhattan Associates Inc)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically -------------------------- defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ including" / "includes" shall always be read as meaning "including (or includes) without limitation", ," when used herein or in any other Loan Document.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includes" shall always be read as meaning "including (or includes) without limitation", " when used herein or in any other Loan Document.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically -------------------------- defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ including"! "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 1 contract
Samples: Loan and Security Agreement (Copper Mountain Networks Inc)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include include, for all statements other than interim statements, the notes and schedules thereto. The terms "including"/ including" and "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 1 contract
Samples: Loan and Security Agreement (Mission Critical Software Inc)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically ---- -------------------------- defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 1 contract
Samples: Loan and Security Agreement (Seachange International Inc)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically -------------------------- defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ including" or "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 1 contract
Samples: Loan and Security Agreement (Natural Microsystems Corp)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includesincluding"/"includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document. All references to dollar amounts are to U.S. dollars unless indicated otherwise.
Appears in 1 contract
Samples: Loan Agreement (Moldflow Corp)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically -------------------------- defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includesincluding"/"includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 1 contract
