Common use of Accounting Terms and Computations Clause in Contracts

Accounting Terms and Computations. For purposes of this Agreement or any other Investment Document, (a) all accounting terms used in this Agreement or any other Investment Document that are not expressly defined herein or therein have the meanings given to them under GAAP, (b) all computations made pursuant to this Agreement or any other Investment Document shall be made in accordance with GAAP; (c) all financial statements and other financial information required to be delivered by the Company or any Guarantor hereunder or under any other Investment Document shall, except as otherwise expressly provided in this Agreement, be prepared in accordance with GAAP in the ordinary course of business consistent with past practices, except that any such financial statements or other financial information (i) which are unaudited may be subject to normal year-end audit adjustments and may omit footnotes and (ii) with respect to any accounting period ended on or prior to the Spin-Off Effective Date may be qualified only with respect to the characterization or re-characterization of the TreeCon Accounts Receivable; and (d) all references to a financial statement line item being “net” shall mean net of reserves the Company has duly established in compliance with GAAP with respect to the applicable line item.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Levine Leichtman Capital Partners Ii Lp), Securities Purchase Agreement (Overhill Farms Inc)

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Accounting Terms and Computations. For purposes of this Agreement or any other Investment Document, (a) all accounting terms used in this Agreement or any other Investment Document that are not expressly defined herein or therein have the meanings given to them under GAAP, (b) all computations made pursuant to this Agreement or any other Investment Document shall be made in accordance with GAAP; GAAP and (c) all financial statements and other financial information required to be delivered by the Company or any Guarantor hereunder or under any other Investment Document shall, except as otherwise expressly provided in this Agreement, be prepared in accordance with GAAP in the ordinary course of business consistent with past practices, except that any such financial statements or other financial information (i) which are unaudited may be subject to normal year-end audit adjustments and may omit footnotes and (ii) with respect to any accounting period ended on or prior to the Spin-Off Effective Date may be qualified only with respect to the characterization or re-characterization of the TreeCon Accounts Receivable; and (d) all references to a financial statement line item being “net” shall mean net of reserves the Company has duly established in compliance with GAAP with respect to the applicable line item.

Appears in 1 contract

Samples: Securities Purchase Agreement (Overhill Farms Inc)

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Accounting Terms and Computations. For purposes of this Agreement or any other Investment Document, (a) all accounting terms used in this Agreement or any other Investment Document that are not expressly defined herein or therein have the meanings given to them under GAAP, (b) all computations made pursuant to this Agreement or any other Investment Document shall be made in accordance with GAAP; GAAP and (c) all financial statements and other financial information required to be delivered by the Company or any Guarantor hereunder or under any other Investment Document shall, except as otherwise expressly provided in this Agreement, be prepared in accordance with GAAP in the ordinary course of business consistent with past practices, except that any such financial statements or other financial information (i) which are unaudited may be subject to normal year-end audit adjustments and may omit footnotes and (ii) with respect to any accounting period ended on or prior to the Spin-Off Effective Date may be qualified only with respect to the characterization or re-characterization of the TreeCon Accounts Receivable; and (d) all references to a financial statement line item being “net” shall mean net of reserves the Company has duly established in compliance with GAAP with respect to the applicable line item.

Appears in 1 contract

Samples: Securities Purchase Agreement (Levine Leichtman Capital Partners Ii Lp)

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