ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules attached hereto. The terms "including" and "includes" always mean "including (or includes) without limitation," in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings set forth in Article 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meaning provided by the Code, to the extent such terms are defined therein.
Appears in 4 contracts
Samples: Loan Modification Agreement (A123 Systems, Inc.), Term Loan and Security Agreement (A123 Systems Inc), Loan Modification Agreement (A123 Systems, Inc.)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall be construed following GAAP. Calculations and determinations must be made following GAAP, to the extent applicable. The term "“financial statements" ” includes the notes and schedules attached heretoschedules. The terms "“including" ” and "“includes" ” always mean "“including (or includes) without limitation," ” in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings set forth in Article Section 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meaning meanings provided by the Code, to the extent such terms are defined therein.
Appears in 3 contracts
Samples: Silicon Valley Bank Loan and Security Agreement (Global Telecom & Technology, Inc.), Loan and Security Agreement (Global Telecom & Technology, Inc.), Loan and Security Agreement (Global Telecom & Technology, Inc.)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "“financial statements" ” includes the notes and schedules attached heretoschedules. The terms "“including" ” and "“includes" ” always mean "“including (or includes) without limitation," ” in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings set forth in Article Section 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meaning provided by the Code, to the extent such terms are defined therein.
Appears in 3 contracts
Samples: Loan and Security Agreement (American Science & Engineering Inc), Loan and Security Agreement (NMS Communications Corp), Loan and Security Agreement (Art Technology Group Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules attached heretothereto. The terms "including" and "includes" always mean "including (or includes) without limitation," in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings set forth in Article 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meaning provided by the Code, to the extent such terms are defined therein.
Appears in 3 contracts
Samples: Loan and Security Agreement (ExactTarget, Inc.), Loan Modification Agreement (Archemix Corp.), Loan and Security Agreement (Cyberkinetics Neurotechnology Systems, Inc.)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "“financial statements" ” includes the notes and schedules attached heretoschedules. The terms "“including" ” and "“includes" ” always mean "“including (or includes) without limitation," ” in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings set forth in Article Section 13. All other terms contained in this Agreement, unless otherwise indicated, This Agreement shall have the meaning provided by the Code, be construed to the extent such terms are defined thereinimpart upon Bank a duty to act reasonably at all times.
Appears in 3 contracts
Samples: Loan and Security Agreement (Blackboard Inc), Loan and Security Agreement (Blackboard Inc), Loan and Security Agreement (Pharsight Corp)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules attached heretoschedules. The terms "including" and "includes" always mean "including (or includes) without limitation," in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings as set forth in Article Section 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meaning meanings provided by the Code, to the extent such terms are defined therein.
Appears in 2 contracts
Samples: Loan and Security Agreement (Ikanos Communications), Loan and Security Agreement (Ikanos Communications)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "“financial statements" ” includes the notes and schedules attached heretoschedules. The terms "“including" ” and "“includes" ” always mean "“including (or includes) without limitation," ” in this or any Loan Document. Document Capitalized terms not otherwise defined in this Agreement shall have the meanings set forth in Article Section 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meaning meanings provided by the Code, to the extent such terms are defined therein.
Appears in 2 contracts
Samples: Loan and Security Agreement (Forescout Technologies, Inc), Loan and Security Agreement (Forescout Technologies, Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules attached heretoschedules. The terms "including" and "includes" always mean "including (or includes) without limitation," in this or any Loan Document. Capitalized terms not otherwise defined in this Agreement shall have the meanings set forth in Article Section 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meaning meanings provided by the Code, to the extent such terms are defined therein.
Appears in 2 contracts
Samples: Loan and Security Agreement (NMS Communications Corp), Loan and Security Agreement (Socket Mobile, Inc.)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules attached heretoschedules. The terms "including" and "includes" always mean "including (or includes) without limitation," in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings set forth in Article Section 13. All other terms contained in this Agreement, unless if not otherwise indicated, shall have the meaning provided by the Code, to the extent such terms are defined thereinherein.
Appears in 2 contracts
Samples: Loan and Security Agreement (Ecollege Com), Loan and Security Agreement (Ecollege Com)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "“financial statements" ” includes the notes and schedules attached heretothereto. The terms "“including" ” and "“includes" ” always mean "“including (or includes) without limitation," ” in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings set forth in Article 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meaning provided by the Code, to the extent such terms are defined therein.
Appears in 2 contracts
Samples: Loan and Security Agreement (LTX Corp), Loan and Security Agreement (LTX Corp)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "“financial statements" ” includes the notes and schedules attached hereto. The terms "“including" ” and "“includes" ” always mean "“including (or includes) without limitation," ” in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings set forth in Article 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meaning provided by the Code, to the extent such terms are defined therein.
Appears in 2 contracts
Samples: Loan Modification Agreement (A123 Systems, Inc.), Term Loan and Security Agreement (Cavium Networks)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "“financial statements" ” includes the notes and schedules attached heretoschedules. The terms "“including" ” and "“includes" ” always mean "“including (or includes) without limitation," ” in this or any Loan Document. Capitalized terms not otherwise defined in this Agreement shall have the meanings set forth in Article Section 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meaning meanings provided by the Code, Code to the extent such terms are defined therein.
Appears in 2 contracts
Samples: Loan and Security Agreement (Intrusion Inc), Loan and Security Agreement (Healthaxis Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules attached heretoschedules. The terms "including" and "includes" always mean "including (or includes) without limitation," in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings set forth in Article Section 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meaning meanings provided by the Code, to the extent such terms are defined therein.
Appears in 1 contract
Samples: Valley Bank Loan and Security Agreement (Entrada Networks Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall be construed following GAAP. Calculations and determinations must be made following GAAPGAAP (except for any noncompliance with FAS 123R in monthly reporting). The term "“financial statements" ” includes the notes and schedules attached heretoschedules. The terms "“including" ” and "“includes" ” always mean "“including (or includes) without limitation," ” in this or any Loan Document. Capitalized terms not otherwise defined in this Agreement shall have the meanings set forth in Article Section 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meaning provided by the Code, Code to the extent such terms are defined therein.
Appears in 1 contract
Samples: Subordinated Loan and Security Agreement (Everyday Health, Inc.)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall be construed following GAAP. Calculations and determinations must be made following GAAP, to the extent such calculations and determinations are defined by GAAP. The term "“financial statements" ” includes the notes and schedules attached heretoschedules. The terms "“including" ” and "“includes" ” always mean "“including (or includes) without limitation," ” in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings set forth in Article 13on Schedule 1 hereto. All other terms contained in this Agreement, unless otherwise indicated, shall have the meaning meanings provided by the Code, to the extent such terms are defined therein.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "“financial statements" ” includes the notes and schedules attached heretoschedules. The terms "“including" ” and "“includes" ” always mean "“including (or includes) without limitation," ” in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings set forth in Article Section 13. All Each Borrower other terms contained than Allied Motion hereby appoints Allied Motion as its attorney in fact to act for it in all regards in the context of this Agreement, unless otherwise indicated, shall have the meaning provided by the Code, to the extent such terms are defined therein.
Appears in 1 contract
Samples: Term Loan and Security Agreement (Allied Motion Technologies Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall will be construed following GAAP. GAAP Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules attached heretoschedules. The terms "including" and "includes" always mean "including (or includes) without limitation," in this or any Loan Document. Capitalized terms in this This Agreement shall have the meanings set forth in Article 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meaning provided by the Code, be construed to the extent such terms are defined thereinimpart upon Bank a duty to act reasonably at all times.
Appears in 1 contract
Samples: Loan and Security Agreement (Onyx Software Corp/Wa)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "“financial statements" ” includes the notes and schedules attached heretoschedules. The terms "“including" ” and "“includes" ” always mean "“including (or includes) without limitation," ” in this Agreement or any other Loan Document. Capitalized terms in this Agreement shall have the meanings as set forth in Article Section 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meaning meanings provided by the Code, to the extent such terms are defined therein.
Appears in 1 contract
Samples: Loan and Security Agreement (Poniard Pharmaceuticals, Inc.)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "“financial statements" ” includes the notes and schedules attached heretoschedules. The terms "“including" ” and "“includes" ” always mean "“including (or includes) without limitation," ” in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings Any capitalized term set forth in Article 13. All other terms contained in this Agreement, unless otherwise indicated, herein shall have the meaning provided by the Code, ascribed to the extent such terms are defined thereinterm in Section 13 of this Agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (Commerce One Inc / De/)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules attached heretoschedules. The terms "including" and "includes" always mean "including (or includes) without limitation," in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings set forth in Article Section 13. All other terms contained This agreement shall be construed to impart upon Bank a duty to act in this Agreement, unless otherwise indicated, shall have the meaning provided by the Code, to the extent such terms are defined thereina commercially reasonable manner at all times.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "“financial statements" ” includes the notes and schedules attached heretoschedules. The terms "“including" ” and "“includes" ” always mean "“including (or includes) without limitation," ” in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings set forth in Article Section 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meaning provided by the Code, to the extent such terms are defined therein.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will be construed in accordance with GAAP, and all calculations and determinations shall be construed following GAAP. Calculations and determinations must be made following in accordance with GAAP. The term "“financial statements" ” includes the notes and schedules attached heretoschedules. The terms "“including" ” and "“includes" ” always mean "“including (or includes) without limitation," ” in this or any other Loan Document. Capitalized terms in this Agreement shall have the respective meanings set forth in Article Section 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meaning provided by the Code, to the extent such terms are defined therein.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules attached heretoschedules. The terms "including" and "includes" always mean "including (or includes) without limitation," in this or any Loan Document. Capitalized terms document executed in this Agreement shall have the meanings set forth in Article 13connection herewith. All other terms contained in this Agreement, unless otherwise indicatedindicated or defined herein, shall have the meaning meanings provided by the Code, to the extent such terms are defined therein.
Appears in 1 contract
Samples: Accounts Receivable Financing Agreement (Satcon Technology Corp)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes terms “including” and schedules attached hereto. The terms "including" and "“includes" ” always mean "“including (or includes) without limitation," ” in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings set forth in Article Section 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meaning meanings provided by the Code, to the extent such terms are defined therein.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules attached heretoschedules. The terms "including" and "includes" always mean "including (or includes) without limitation," in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings set forth in Article Section 13. All other terms contained in this Agreement, unless otherwise indicated, This Agreement shall have the meaning provided by the Code, be construed to the extent such terms are defined thereinimpart upon Bank a duty to act reasonably at all times.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules attached heretoschedules. The terms "including" and "includes" always mean "including (or includes) without limitation," in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings set forth in Article Section 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meaning provided by the Code, to the extent such terms are defined therein.
Appears in 1 contract
Samples: Loan and Security Agreement (Genzyme Transgenics Corp)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules attached heretoschedules. The terms "including" and "includes" always mean "including (or includes) without limitation," in this or any Loan Document. Capitalized terms document executed in this Agreement shall have the meanings set forth in Article 13connection herewith. All other terms contained in this Agreement, unless otherwise indicatedindicated or defined herein, shall have the meaning meanings provided by the Code, to the extent such terms are defined thereinthere in.
Appears in 1 contract
Samples: Accounts Receivable Financing Agreement (Navisite Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "“financial statements" ” includes the notes and schedules attached heretothereto. The terms "“including" ” and "“includes" ” always mean "“including (or includes) without limitation," ” in this or any Loan Document. Capitalized terms not otherwise defined in this Agreement shall have the meanings set forth in Article Section 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meaning meanings provided by the Code, to the extent such terms are defined therein.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "“financial statements" ” includes the notes and schedules attached heretothereto. The terms "“including" ” and "“includes" ” always mean "“including (or includes) without limitation," ” in this or any Loan Document. Capitalized Capitalised terms in this Agreement shall have the meanings set forth in Article Clause 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meaning provided by the Code, to the extent such terms are defined therein.
Appears in 1 contract
Samples: Loan Agreement (Mimecast LTD)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules attached heretoschedules. The terms "including" and "includes" always mean "including (or includes) without limitation," ” in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings set forth in Article Section 13. All other terms contained in this Agreement, unless otherwise indicated, This Agreement shall have the meaning provided by the Code, be construed to the extent such terms are defined thereinimpart upon Bank a duty to act reasonably at all times.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall be construed following GAAP. Calculations Except as otherwise specified, calculations and determinations must be made following GAAP. The term "“financial statements" ” includes the notes and schedules attached heretothereto. The terms "“including" ” and "“includes" ” always mean "“including (or includes) without limitation," ” in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings set forth in Article 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meaning provided by the Code, to the extent such terms are defined therein.
Appears in 1 contract
Samples: Loan and Security Agreement (ClearStory Systems, Inc.)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "“financial statements" ” includes the notes and schedules attached heretoschedules. The terms "“including" ” and "“includes" ” always mean "“including (or includes) without limitation," ” in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings set forth in Article Section 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meaning provided by the Code, to the extent such terms are defined therein.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules attached heretoschedules. The terms "including" and "includes" always mean "including (or includes) without limitation," in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings set forth in Article Section 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meaning provided by the Code, to the extent such terms are defined therein.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules attached heretoschedules, if any. The terms "including" and "includes" always mean "including (or includes) without limitation," in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings set forth in Article Section 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meaning provided by the Code, to the extent such terms are defined therein.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "“financial statements" ” includes the notes and schedules attached heretothereto. The terms "“including" ” and "“includes" ” always mean "“including (or includes) without limitation," ” in this or any Loan Credit Document. Capitalized terms in this Agreement shall have the meanings set forth in Article 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meaning provided by the Code, to the extent such terms are defined therein.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "“financial statements" ” includes the notes and schedules attached heretoschedules. The terms "“including" ” and "“includes" ” always mean "“including (or includes) without limitation," ” in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings set forth in Article Section 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meaning meanings provided by the Code, to the extent such terms are defined therein.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement shall will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules attached heretoschedules. The terms "including" and "includes" always mean "including (or includes) without limitation," in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings set forth in Article Section 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meaning provided by the Code, to the extent such terms are defined therein.
Appears in 1 contract
