Common use of Accounting Principles Clause in Contracts

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 64 contracts

Samples: Security Agreement, Pledge and Indenture of Trust (World Acceptance Corp), Security Agreement, Pledge and Indenture of Trust (World Acceptance Corp), Subordinated Security Agreement (World Acceptance Corp)

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Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same it shall be done done, unless otherwise specified herein, in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 44 contracts

Samples: Security Agreement (Digirad Corp), Revolving Credit Agreement (Dragonwave Inc), Revolving Credit Agreement (Dragonwave Inc)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same this shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of as otherwise expressly provided in this Agreement.

Appears in 31 contracts

Samples: Loan and Security Agreement (Soluna Holdings, Inc), Credit Agreement (Adcare Health Systems, Inc), Credit Agreement (Green Plains Renewable Energy, Inc.)

Accounting Principles. Where the character or amount of any asset or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same this shall be done in accordance with GAAPGAAP at the time in effect, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 29 contracts

Samples: Preferred Stock Purchase Agreement, Investment Agreement (Milestone Scientific Inc.), Registration Rights Agreement (Sophiris Bio Inc.)

Accounting Principles. Where the character or amount of any asset or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same this shall be done in accordance with GAAPU.S. generally accepted accounting principles at the time in effect, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 28 contracts

Samples: Stockholders Agreement (Outset Medical, Inc.), Stockholders Agreement, Stockholders Agreement (Silk Road Medical Inc)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done determined or made in accordance with GAAPGAAP consistently applied at the time in effect, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 26 contracts

Samples: Inventory Loan and Security Agreement (Diamond Resorts Corp), Inventory Loan and Security Agreement (Diamond Resorts Corp), Loan and Security Agreement (Silverleaf Resorts Inc)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same it shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 18 contracts

Samples: Credit Agreement (Brooklyn Cheesecake & Desert Com), Credit Agreement (Brooklyn Cheesecake & Desert Com), Credit Agreement (Greektown Superholdings, Inc.)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same it shall be done done, unless otherwise specified herein, in accordance with GAAP. Furthermore, all financial statements required to be delivered hereunder, subject to year-end audit adjustments thereto and the extent applicableomission of footnote disclosure in the case of unaudited statements, except where such principles are inconsistent shall be prepared in accordance with the requirements of this AgreementGAAP.

Appears in 16 contracts

Samples: Credit Agreement (Olympic Steel Inc), Security Agreement (Quanex Corp), Credit Agreement (Noble International, Ltd.)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same this shall be done in accordance with GAAP, consistently applied, to the extent applicable, except where such principles are inconsistent with the requirements of as otherwise expressly provided in this Agreement.

Appears in 14 contracts

Samples: Loan Documents (Newtek Business Services Corp.), Loan and Security Agreement (Newtek Business Services, Inc.), Loan and Security Agreement (Newtek Business Services, Inc.)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this AgreementAgreement or any other Loan Paper, the same such determination, consolidation or computation shall be done made in accordance with GAAP, to the extent applicablegenerally accepted accounting principles consistently applied, except where such principles are inconsistent with the requirements or definitions of this Agreement.

Appears in 10 contracts

Samples: Loan Agreement, Loan Agreement (Natural Gas Services Group Inc), Loan Agreement (Natural Gas Services Group Inc)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same this shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 9 contracts

Samples: Loan Agreement (CSS Industries Inc), Loan and Security Agreement (Staff Builders Inc /De/), Loan Agreement (CSS Industries Inc)

Accounting Principles. Where the character or amount of any asset or liability or item of income revenue or expense or amount of equity is required to be determined determined, or any consolidation or other accounting computation is required to be made for the purposes purpose of this AgreementAgreement or any other Document, the same shall be done in accordance with GAAPsuch determination or calculation shall, to the extent applicableapplicable and except as otherwise specified herein or as otherwise agreed in writing by the parties hereto, except where such principles are inconsistent be made in accordance with the requirements of this AgreementGAAP applied on a consistent basis.

Appears in 8 contracts

Samples: Credit Agreement, Credit Agreement, Credit Agreement

Accounting Principles. Where Except to the extent expressly stated to the contrary herein, where the character or amount of any asset or liability or item of income or expense is required to be determined determined, or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same it shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent and all accounting terms not specifically defined in this Agreement shall be construed in accordance with the requirements of this AgreementGAAP.

Appears in 7 contracts

Samples: Credit Agreement (Asd Systems Inc), Credit Agreement (Peerless Manufacturing Co), Credit Agreement (Digitalconvergence Com Inc)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done determined or made in accordance with GAAPgenerally accepted accounting principles, procedures and practices consistently applied at the time in effect, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 7 contracts

Samples: Inventory Loan and Security Agreement (Silverleaf Resorts Inc), Loan and Security Agreement (Silverleaf Resorts Inc), Loan and Security Agreement (Silverleaf Resorts Inc)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done in accordance with GAAPgenerally accepted accounting principles then in effect, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 6 contracts

Samples: Acknowledgement and Agreement (Unitil Corp), Note Agreement (Unitil Corp), Note Agreement (Unitil Corp)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same this shall be done in accordance with GAAPgenerally accepted accounting principles in effect on the date that this Agreement was executed, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 6 contracts

Samples: Note Purchase Agreement (System Energy Resources Inc), Note Purchase Agreement (System Energy Resources Inc), Note Purchase Agreement (System Energy Resources Inc)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done in accordance with GAAPgenerally accepted accounting principles, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 5 contracts

Samples: Note Agreement (Quad/Graphics, Inc.), Note Agreement (Petroleum Heat & Power Co Inc), Note Agreement (Standard Motor Products Inc)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done in accordance with GAAPthe generally accepted accounting principles in effect from time to time, to the extent applicable, except where such principles are inconsistent with the express requirements of this AgreementAgreement including without limitation the definitions set out in Section 9.

Appears in 5 contracts

Samples: Registration Rights Agreement (1818 Fund Lp Brown Brothers Harriman Co Long T Michael Et Al), Registration Rights Agreement (Prosoft I Net Solutions Inc), Registration Rights Agreement (National Auto Finance Co Inc)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 5 contracts

Samples: Note Agreement (Solpower Corp), Note Agreement (Solpower Corp), Note Agreement (Soy Environmental Products Inc)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined determined, or any consolidation consolidation, combination or other accounting computation is required to be made made, for the purposes of this Agreement, the same shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (Computer Task Group Inc), Credit and Security Agreement (Option Care Inc/De), Credit Agreement (Computer Task Group Inc)

Accounting Principles. Where Except to the extent expressly stated to the contrary herein, where the character or amount of any asset or liability or item of income or expense is required to be determined determined, or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same it shall be done in accordance with GAAP, to the extent applicableconsistently applied, except where such principles are inconsistent and all accounting terms not specifically defined in this Agreement shall be construed in accordance with the requirements of this AgreementGAAP.

Appears in 4 contracts

Samples: Credit Agreement (Tandy Brands Accessories Inc), Credit Agreement (Tandy Brands Accessories Inc), Credit Agreement (Tandy Brands Accessories Inc)

Accounting Principles. Where the character or amount of any asset or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same this shall be done in accordance with GAAPgenerally accepted accounting principles at the time in effect, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 4 contracts

Samples: Stockholders Agreement, Intercreditor Agreement, Securities Purchase Agreement

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same this shall be done in accordance with GAAPUS GAAP or IFRS, if applicable, at the time in effect, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 4 contracts

Samples: Share Purchase Agreement, Convertible Preference Share Purchase Agreement (Alibaba Group Holding LTD), Convertible Preference Share Purchase Agreement (Alibaba Group Holding LTD)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same this shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 4 contracts

Samples: Loan Agreement (Harte Hanks Inc), Loan Agreement (American Locker Group Inc), Security Agreement (Temtex Industries Inc)

Accounting Principles. Where the character or amount of any asset or liability or item of income revenue or expense is required to be determined determined, or any consolidation or other accounting computation is required to be made for the purposes purpose of this AgreementAgreement or any Credit Document, such determination or calculation will, to the same shall extent applicable and except as otherwise specified herein or as otherwise agreed in writing by the parties, be done made in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (Just Energy Group Inc.), Credit Agreement (Just Energy Group Inc.), Credit Agreement (Just Energy Group Inc.)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done in accordance with GAAP, to the extent applicable, except where such statutory accounting principles are applicable or where GAAP is inconsistent with the requirements of this Agreement, in which event the latter shall be controlling.

Appears in 4 contracts

Samples: Note Agreement (Standard Management Corp), Note Agreement (Standard Management Corp), Note Agreement (Standard Management Corp)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of under this Agreement, the same this shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 3 contracts

Samples: Note Agreement (Barnes Group Inc), Note Agreement (Barnes Group Inc), Barnes Group Inc

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done done, unless specified otherwise, in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 3 contracts

Samples: Loan Agreement (Irata Inc), Note Purchase Agreement (Deckers Outdoor Corp), Note Purchase Agreement (Valuestar Corp)

Accounting Principles. Where the character or amount of any asset or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same this shall be done in accordance with GAAPU.S. GAAP at the time in effect, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 3 contracts

Samples: Common Unit Purchase Agreement (Ensource Energy Income Fund LP), Stockholders Agreement (Wright Medical Group Inc), Securities Subscription Agreement (Paging Network Do Brazil Sa)

Accounting Principles. (a) Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same it shall be done done, unless otherwise specified herein, in accordance with GAAP. Furthermore, all financial statements required to be delivered hereunder, subject to year-end audit adjustments thereto and the extent applicableomission of footnote disclosure in the case of unaudited statements, except where such principles are inconsistent shall be prepared in accordance with the requirements of this AgreementGAAP.

Appears in 3 contracts

Samples: Security Agreement (Quantum Fuel Systems Technologies Worldwide Inc), Credit Agreement (Quantum Fuel Systems Technologies Worldwide Inc), Credit Agreement (Starcraft Corp /In/)

Accounting Principles. Where the character or amount of any asset or liability or item of income revenue or expense is required to be determined determined, or any consolidation or other accounting computation is required to be made made, for the purposes of this AgreementAgreement and any other Transaction Document, including the same shall contents of any certificate to be done delivered hereunder, such determination, consolidation or computation shall, unless the Parties otherwise agree or the context otherwise requires, be made in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this AgreementGAAP applied on a consistent basis.

Appears in 3 contracts

Samples: Gold Purchase Agreement (Klondex Mines LTD), Gold Purchase Agreement (Klondex Mines LTD), Gold Purchase Agreement (Klondex Mines LTD)

Accounting Principles. Where the character or amount of any asset or liability or item of income revenue or expense is required to be determined determined, or any consolidation or other accounting computation is required to be made for the purposes purpose of this AgreementAgreement or any Loan Document, such determination or calculation will, to the same shall extent applicable and except as otherwise specified herein or as otherwise agreed in writing by the parties, be done made in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 3 contracts

Samples: Loan Agreement, Loan Agreement (Just Energy Group Inc.), Credit Agreement (Linens N Things Inc)

Accounting Principles. Where the character or amount of any --------------------- asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement. Each accounting term not defined herein and each accounting term partly defined herein to the extent not defined shall have the meaning given to it under generally accepted accounting principles.

Appears in 3 contracts

Samples: Registration Rights Agreement (Retractable Technologies Inc), Registration Rights Agreement (Retractable Technologies Inc), Registration Rights Agreement (Retractable Technologies Inc)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same this shall be done in accordance with GAAPGAAP at the time in effect, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 2 contracts

Samples: Securities Purchase Agreement (WisdomTree Investments, Inc.), Securities Purchase Agreement (WisdomTree Investments, Inc.)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same such determination, consolidation or computation shall be done made in accordance with GAAP, to the extent applicableGAAP consistently applied, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 2 contracts

Samples: Loan Agreement (TMBR Sharp Drilling Inc), Loan Agreement (TMBR Sharp Drilling Inc)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done done, unless specified otherwise, in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 2 contracts

Samples: Priority Note Purchase Agreement (Jotan Inc), Note Purchase Agreement (Jotan Inc)

Accounting Principles. Where the character or amount of any asset or --------------------- liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same this shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of as otherwise expressly provided in this Agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement (Telespectrum Worldwide Inc), Loan and Security Agreement (Telespectrum Worldwide Inc)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done in accordance with GAAP. As long as the Company shall have any Subsidiary, to the extent applicable, except where such principles are inconsistent with the Company's financial statements and other financial requirements of under this AgreementAgreement shall be reported on a consolidated basis.

Appears in 2 contracts

Samples: Security Agreement (Bpi Packaging Technologies Inc), Securities Purchase Agreement (Bpi Packaging Technologies Inc)

Accounting Principles. Where the character or amount of any asset Asset or liability or item of income or expense is required to be determined or any consolidation consolidation, combination, or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 2 contracts

Samples: Share Exchange Agreement (Taylor Madison Corp), Securities Purchase Agreement (Taylor Madison Corp)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this AgreementAgreement or any other Loan Document, the same such determination, consolidation or computation shall be done made in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 2 contracts

Samples: Loan Agreement (Chancellor Group Inc/), Loan Agreement (Chancellor Group Inc/)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, Indenture; the same shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this AgreementIndenture.

Appears in 2 contracts

Samples: Indenture of Trust and Security Agreement (National Healthcare Corp), Indenture of Trust and Security Agreement (National Health Realty Inc)

Accounting Principles. Where the character or amount of any asset or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same it shall be done in accordance with GAAPGAAP at the time in effect, to the extent applicable, except where such principles are GAAP is inconsistent with the requirements of this Agreement.

Appears in 2 contracts

Samples: Limited Liability Company Operating Agreement (Savage Sports Holdings, Inc.), Limited Liability Company Operating Agreement (Savage Sports Holdings, Inc.)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 2 contracts

Samples: Note Purchase Agreement (Panther Expedited Services, Inc.), Note Purchase Agreement (Bare Escentuals Inc)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done in accordance with GAAP, to GAAP in force at the extent applicabletime of determination, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 2 contracts

Samples: Note Agreement (Oneida LTD), Note Agreement (Oneida LTD)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements specific provisions of this Agreement.

Appears in 2 contracts

Samples: Note Agreement (Johnson Worldwide Associates Inc), Note Agreement (Johnson Worldwide Associates Inc)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done in accordance with Frozen GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 2 contracts

Samples: Agreement (Unitog Co), Unitog Co

Accounting Principles. Where the character or amount of any asset or liability or item of income revenue or expense is required to be determined determined, or any consolidation or other accounting computation is required to be made for the purposes purpose of this AgreementAgreement or any other Loan Document, such determination, consolidation or other computation shall, to the same shall extent applicable and except as otherwise specified herein or as otherwise agreed in writing by the parties, be done made in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Mohegan Tribal Gaming Authority), Credit Agreement (Mohegan Tribal Gaming Authority)

Accounting Principles. Where the character or amount of any --------------------- asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Clinicor Inc)

Accounting Principles. Where the character or amount of any ---------------------------------- asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 1 contract

Samples: U S Rentals Inc

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.. 11.3

Appears in 1 contract

Samples: Debenture Purchase Agreement (Compass Plastics & Technologies Inc)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.. Allied Capital Corporation 2003 Note Agreement

Appears in 1 contract

Samples: Note Agreement (Allied Capital Corp)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with modified or replaced by the requirements specific terms of this Agreement.

Appears in 1 contract

Samples: Note Agreement (Semco Energy Inc)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done done, unless specified otherwise, in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.. 11.3

Appears in 1 contract

Samples: Loan Agreement (LSB Industries Inc)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation Consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done done, unless specified otherwise, in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 1 contract

Samples: Debenture Purchase Agreement (Multiband Corp)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done in accordance with GAAPAAP, to the extent applicable, applied consistently (except for changes in application with respect to which the Auditors concur) with the principles used in preparation of the December 31, 1998 financial statements of the Company heretofore delivered to the Banks, except where such principles are inconsistent with the requirements specific provisions of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Phoenix Companies Inc/De)

Accounting Principles. Where Except to the extent expressly stated to the contrary herein, where the character or amount of any asset or liability or item of income or expense is required to be determined determined, or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same it shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Sterling Construction Co Inc)

Accounting Principles. Where Except to the extent expressly stated to the contrary herein, where the character or amount of any asset or liability or item of or income or expense is required to be determined determined, or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same it shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent and all accounting terms not specifically defined in this Agreement shall be construed in accordance with the requirements of this AgreementGAAP.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Com21 Inc)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this AgreementAgreement or any Supplement, the same shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this AgreementAgreement or such Supplement.

Appears in 1 contract

Samples: Note Purchase Agreement (Mondavi Robert Corp)

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Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this AgreementthisAgreement, the same shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Eagle Pacific Industries Inc/Mn)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same it shall be done done, unless otherwise specified herein, in accordance with GAAP. Furthermore, all Financial Statements required to the extent applicable, except where such principles are inconsistent be delivered hereunder shall be prepared in accordance with the requirements of this AgreementGAAP.

Appears in 1 contract

Samples: Credit Agreement (Valassis Communications Inc)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done in accordance with GAAP. If the Company shall at any time have a Subsidiary, to the extent applicable, except where such principles are inconsistent with the Company's financial statements and other financial requirements of under this AgreementAgreement shall be reported on a consolidated basis.

Appears in 1 contract

Samples: Note Agreement (CPS Systems Inc)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting account ing computation is required to be made for the purposes of this Agreement, the same this shall be done in accordance with GAAP, to the extent applicableGAAP applied on a basis consistent, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Panda Interfunding Corp)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement. .Section 8.3.

Appears in 1 contract

Samples: Note Agreement (World Acceptance Corp)

Accounting Principles. Where the character or amount of any asset or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same such determination or computation shall be done made in accordance with GAAPGAAP at the time in effect, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 1 contract

Samples: Joint Venture Agreement (CoroWare, Inc,)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done determined or made in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Secure America Acquisition CORP)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Loan Agreement, the same shall be done determined or made in accordance with GAAPGAAP consistently applied at the time in effect, to the extent applicable, except where such principles are inconsistent with the requirements of this Loan Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Silverleaf Resorts Inc)

Accounting Principles. Where When the character or amount of any asset or amount of any asset or liability or item of income or expense is required to be determined or any consolidation consideration or other accounting computation is required to be made for the purposes of this Agreement, the same this shall be done in accordance with GAAPGAAP at the time in effect, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 1 contract

Samples: Shareholders Agreement (Brightpoint Inc)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation consolidated or other accounting computation is required to be made for the purposes of this Letter Agreement, the same it shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 1 contract

Samples: Neogen Corp

Accounting Principles. Where Except to the extent expressly stated to the ---- --------------------- contrary herein, where the character or amount of any asset or liability or item of income or expense is required to be determined determined, or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same it shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent and all accounting terms not specifically defined in this Agreement shall be construed in accordance with the requirements of this AgreementGAAP.

Appears in 1 contract

Samples: Credit and Security Agreement (Ikos Systems Inc)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done in accordance with GAAPAAP, to the extent applicable, applied consistently (except for changes in application with respect to which the Auditors concur) with the principles used in preparation of the December 31, 1994 financial statements of the Guarantor heretofore delivered to the Banks, except where such principles are inconsistent with the requirements specific provisions of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Phoenix Companies Inc/De)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined deter-mined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done in accordance with United States GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 1 contract

Samples: Note Agreement (Kmart Corp)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement. .

Appears in 1 contract

Samples: Carter Wallace Inc /De/

Accounting Principles. Where the character or amount of any --------------------- asset or liability or item of income or expense is required to be determined determined, or any consolidation consolidation, combination or other accounting computation is required to be made made, for the purposes of this Agreement, the same shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Act Manufacturing Inc)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall such determination or consolidation will be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 1 contract

Samples: Credit and Security Agreement (Bird Corp)

Accounting Principles. Where the character or amount of any asset --------------------- or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 1 contract

Samples: Purchase Agreement (Worldcorp Inc)

Accounting Principles. Where the character or amount of any asset --------------------- or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same this shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of as otherwise expressly provided in this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Bankvest Capital Corp)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Kmart Corp)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this AgreementIndenture, the same shall be done in accordance with United States GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 1 contract

Samples: Kmart Corp

Accounting Principles. (a) Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done done, unless specified otherwise, in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (Unique Fabricating, Inc.)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, any Sub-Loan Agreement or any of the Sub-Loan Documents, the same shall be done determined or made in accordance with GAAPGAAP consistently applied at the time in effect, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement, any Sub-Loan Agreement or any of the Sub-Loan Documents.

Appears in 1 contract

Samples: Loan and Security Agreement (Bluegreen Corp)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same this shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Data Transmission Network Corp)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting account ing computation is required to be made for the purposes of this Agreement, the same this shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Response Usa Inc)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same this shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.. If one or more changes in GAAP after the date of this Agreement are required to be applied to existing transactions, and a violation of one or more of the terms of this Agreement shall have occurred which would not have occurred if no change in accounting principles had taken place:

Appears in 1 contract

Samples: Credit Agreement (Columbus Energy Corp)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done done, unless specified otherwise, in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement. Unless otherwise indicated in this Agreement all accounting terms used in this Agreement shall be construed, and all accounting and financial information or computations shall be prepared or computed, in accordance with GAAP.

Appears in 1 contract

Samples: Warrant Purchase Agreement (Kenan Advantage Group Inc)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same it shall be done in accordance with GAAP, to GAAP applied on a basis consistent with those reflected by the extent applicableFinancial Statements, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 1 contract

Samples: Construction Loan Agreement (Newmark Homes Corp)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement. Section 8.3.

Appears in 1 contract

Samples: Note Agreement (California Water Service Co)

Accounting Principles. Where the character or amount of any asset or liability or 87 item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same it shall be done done, unless otherwise specified herein, in accordance with GAAP. Furthermore, all financial statements required to the extent applicable, except where such principles are inconsistent be delivered hereunder shall be prepared in accordance with the requirements of this AgreementGAAP.

Appears in 1 contract

Samples: Credit Agreement (Mce Companies Inc)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same this shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.. Exhibit 10.01

Appears in 1 contract

Samples: Loan Agreement (Harte Hanks Inc)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this AgreementGuarantee, the same shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this AgreementGuarantee.

Appears in 1 contract

Samples: Guarantee Agreement (Drew Industries Incorporated)

Accounting Principles. (1) Where the character or amount of any asset or liability or item of income revenue or expense or amount of equity is required to be determined determined, or any consolidation or other accounting computation is required to be made for the purposes purpose of this AgreementAgreement or any other Document, the same shall be done in accordance with GAAPsuch determination or calculation shall, to the extent applicableapplicable and except as otherwise specified herein or as otherwise agreed in writing by the parties hereto, except where such principles are inconsistent be made in accordance with the requirements of this AgreementGAAP applied on a consistent basis.

Appears in 1 contract

Samples: Credit Agreement (Potash Corp of Saskatchewan Inc)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done in accordance with GAAPAAP, to the extent applicable, applied consistently (except for changes in application with respect to which the Auditors concur) with the principles used in preparation of the December 31, 1995 financial statements of the Company heretofore delivered to the Banks, except where such principles are inconsistent with the requirements specific provisions of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Phoenix Companies Inc/De)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement. Section 9.3.

Appears in 1 contract

Samples: Dollar Tree (Dollar Tree Stores Inc)

Accounting Principles. Where the character or amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this AgreementIndenture, the same shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 1 contract

Samples: Trust Indenture (Chi Energy Inc)

Accounting Principles. Where the character or the amount of any asset or liability or item of income or expense is required to be determined or any consolidation or other accounting computation is required to be made for the purposes of this Agreement, the same shall be done in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 1 contract

Samples: Nexell Therapeutics Inc

Accounting Principles. Where the character or amount of any asset or liability or item of income revenue or expense is required to be determined determined, or any consolidation or other accounting computation is required to be made for the purposes purpose of this Agreement, such determination or calculation will, to the same shall extent applicable and except as otherwise specified herein or as otherwise agreed in writing by the parties, be done made in accordance with GAAP, to the extent applicable, except where such principles are inconsistent with the requirements of this Agreement.

Appears in 1 contract

Samples: Administration Agreement

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