Common use of Accounting Terms and Definitions Clause in Contracts

Accounting Terms and Definitions. Unless otherwise defined or specified herein, all accounting terms used in this Agreement shall be construed in accordance with GAAP, applied on a basis consistent in all material respects with the financial statements delivered by Borrower to LaSalle on or before the Closing Date. All accounting determinations for purposes of determining compliance with the financial covenants contained in paragraph 14(m) shall be made in accordance with GAAP as in effect on the Closing Date and applied on a basis consistent in all material respects with the audited financial statements delivered to LaSalle by Borrower on or before the Closing Date. The financial statements required to be delivered hereunder from and after the Closing Date, and all financial records, shall be maintained in accordance with GAAP. If GAAP shall change from the basis used in preparing the audited financial statements delivered to LaSalle by Borrower on or before the Closing Date, the certificates required to be delivered pursuant to paragraph 11(b) demonstrating compliance with the covenants contained herein shall include, at the election of Borrower or upon the request of LaSalle, calculations setting forth the adjustments necessary to demonstrate how Borrower is in compliance with the financial covenants based upon GAAP as in effect on the Closing Date.

Appears in 3 contracts

Samples: Loan and Security Agreement (Nematron Corp), Loan and Security Agreement (Nematron Corp), Loan and Security Agreement (Nematron Corp)

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Accounting Terms and Definitions. Unless otherwise defined or specified herein, all accounting terms used in this Agreement shall be construed in accordance with GAAP, applied on a basis consistent in all material respects with the financial statements delivered by Borrower to LaSalle on or before the Closing Date. All accounting determinations for purposes of determining compliance with the financial covenants contained in paragraph 14(m14(n) shall be made in accordance with GAAP as in effect on the Closing Date and applied on a basis consistent in all material respects with the audited financial statements delivered to LaSalle by Borrower on or before the Closing Date. The financial statements required to be delivered hereunder from and after the Closing Date, and all financial records, shall be maintained in accordance with GAAP. If GAAP shall change from the basis used in preparing the audited financial statements delivered to LaSalle by Borrower on or before the Closing Date, the certificates required to be delivered pursuant to paragraph 11(b14(b) demonstrating compliance with the covenants contained herein shall include, at the election of Borrower or upon the request of LaSalle, calculations setting forth the adjustments necessary to demonstrate how Borrower is in compliance with the financial covenants based upon GAAP as in effect on the Closing Date.

Appears in 2 contracts

Samples: Loan and Security Agreement (Hei Inc), Loan and Security Agreement (Morrow Snowboards Inc)

Accounting Terms and Definitions. Unless otherwise defined or specified herein, herein all accounting terms used in this Agreement shall will be construed in accordance with GAAP, applied on a basis consistent in all material respects with the financial statements delivered by Borrower Company to LaSalle HCIC on or before the Closing Date. All accounting determinations for purposes of determining compliance with the financial covenants contained in paragraph 14(m) shall Section 6.18 will be made in accordance with GAAP as in effect on the Closing Date and applied on a basis consistent in all material respects with the audited financial statements delivered to LaSalle HCIC by Borrower Company on or before the Closing Date. The financial statements required to be delivered hereunder from and after the Closing Date, and all financial records, shall will be maintained in accordance with GAAPGAAP as in effect at the time of deliverance of such financial statements. If GAAP shall change changes from the basis used in preparing the audited financial statements delivered to LaSalle HCIC by Borrower Company on or before the Closing Date, the certificates required to be delivered pursuant to paragraph 11(b) Section 6.2 demonstrating compliance with the covenants contained herein shall must include, at the election of Borrower Company or upon the request of LaSalleHCIC, calculations setting forth the adjustments necessary to demonstrate how Borrower Company is in compliance with the financial covenants based upon GAAP as in effect on the Closing Date.

Appears in 1 contract

Samples: Note Purchase Agreement (Obsidian Enterprises Inc)

Accounting Terms and Definitions. Unless otherwise defined or -------------------------------- specified herein, all accounting terms used in this Agreement shall be construed in accordance with GAAP, applied on a basis consistent in all material respects with the financial statements delivered by Borrower Borrowers to LaSalle on or before the Closing Date. All accounting determinations for purposes of determining compliance with the financial covenants contained in paragraph 14(m14(n) shall be --------------- made in accordance with GAAP as in effect on the Closing Date and applied on a basis consistent in all material respects with the audited financial statements delivered to LaSalle by Borrower Borrowers on or before the Closing Date. The financial statements required to be delivered hereunder from and after the Closing Date, and all financial records, shall be maintained in accordance with GAAP. If GAAP shall change from the basis used in preparing the audited financial statements delivered to LaSalle by Borrower Borrowers on or before the Closing Date, the certificates required to be delivered pursuant to paragraph 11(b) hereto demonstrating compliance with the covenants contained herein shall include, at the election of Borrower Borrowers or upon the request of LaSalle, calculations setting forth the adjustments necessary to demonstrate how Borrower is Borrowers are in compliance with the financial covenants based upon GAAP as in effect on the Closing Date.

Appears in 1 contract

Samples: Loan and Security Agreement (Interplay Entertainment Corp)

Accounting Terms and Definitions. Unless otherwise defined or specified herein, all accounting terms used in this Agreement shall be construed in accordance with GAAP, applied on a basis consistent in all material respects with the financial statements delivered by Borrower to LaSalle Agent on or before the Closing DateDate or as otherwise agreed to by Agent. All accounting determinations for purposes of determining compliance with the financial covenants contained in paragraph 14(m15(p) shall be made in accordance with GAAP as in effect on the Closing Date and applied on a basis consistent in all material respects with the audited financial statements of Borrower delivered to LaSalle Agent by Borrower on or before the Closing Date. The financial statements required to be delivered hereunder from and after the Closing Date, and all financial records, shall be maintained in accordance with GAAP. If GAAP shall change from the basis used in preparing the audited financial statements delivered to LaSalle Agent by Borrower on or before the Closing Date, the certificates required to be delivered pursuant to paragraph 11(b) 12 demonstrating compliance with the covenants contained herein shall include, at the election of Borrower or upon the request of LaSalle, calculations setting forth the adjustments necessary to demonstrate how Borrower is in compliance with the financial covenants based upon GAAP as in effect on the Closing Date.of

Appears in 1 contract

Samples: Loan and Security Agreement (Transact Technologies Inc)

Accounting Terms and Definitions. Unless otherwise defined or specified herein, herein all accounting terms used in this Agreement shall be construed in accordance with GAAP, applied on a basis consistent in all material respects with the financial statements delivered by Borrower Company to LaSalle Purchaser on or before the Closing Date. All accounting determinations for purposes of determining compliance with the financial covenants contained in paragraph 14(m) Section 6.20 shall be made in accordance with GAAP as in effect on the Closing Date and applied on a basis consistent in all material respects with the audited financial statements delivered to LaSalle Purchaser by Borrower Company on or before the Closing Date. The financial statements required to be delivered hereunder from and after the Closing Date, and all financial records, shall be maintained in accordance with GAAPGAAP as in effect at the time of deliverance of such financial statements. If GAAP shall change from the basis used in preparing the audited financial statements delivered to LaSalle Purchaser by Borrower Company on or before the Closing Date, the certificates required to be delivered pursuant to paragraph 11(b) Section 6.2 demonstrating compliance with the covenants contained herein shall include, at the election of Borrower Company or upon the request of LaSallePurchaser, calculations setting forth the adjustments necessary to demonstrate how Borrower Company is in compliance with the financial covenants based upon GAAP as in effect on the Closing Date.

Appears in 1 contract

Samples: Note Purchase Agreement (Massic Tool Mold & Die Inc)

Accounting Terms and Definitions. Unless otherwise defined or specified herein, all accounting terms used in this Agreement shall be construed in accordance with GAAP, applied on a basis consistent in all material respects with the financial statements delivered by Borrower Smitx Xxxironmental to LaSalle Chemical on or before the Closing Date. All accounting determinations for purposes of determining compliance with the financial covenants contained in paragraph 14(m14(o) shall be made in accordance with GAAP as in effect on the Closing Date and applied on a basis consistent in all material respects with the audited financial statements for the fiscal year ending February 28, 1995 delivered to LaSalle Chemical by Borrower Smitx Xxxironmental on or before the Closing Date. The financial statements required to be delivered hereunder from and after the Closing Date, and all financial records, shall be maintained in accordance with GAAP. If GAAP shall change from the basis used in preparing the audited financial statements delivered to LaSalle Chemical by Borrower Smitx Xxxironmental on or before the Closing Date, the certificates required to be delivered pursuant to paragraph 11(b14(b) demonstrating compliance with the covenants contained herein shall include, at the election of Borrower the Borrowers or upon the request of LaSallethe Agent, calculations setting forth the adjustments necessary to demonstrate how Borrower is the Borrowers are in compliance with the financial covenants based upon GAAP as in effect on the Closing Date.

Appears in 1 contract

Samples: Loan and Security Agreement (Smith Environmental Technologies Corp /De/)

Accounting Terms and Definitions. Unless otherwise defined or specified herein, all accounting terms used in this Agreement shall be construed in accordance with GAAP, applied on a basis consistent in all material respects with the financial statements delivered by Borrower to LaSalle on or before the Closing Date. All accounting determinations for purposes of determining compliance with the financial covenants contained in paragraph 14(m) shall be made in accordance with GAAP as in effect on the Closing Date and applied on a basis consistent in all material respects with the audited financial statements delivered to LaSalle by Borrower on or before the Closing Date. The financial statements required to be delivered hereunder from and after the Closing Date, and all financial records, shall be maintained in accordance with GAAP. If GAAP shall change from the basis used in preparing the audited financial statements delivered to LaSalle by Borrower on or before the Closing Date, the certificates required to be delivered pursuant to paragraph 11(b14( ) demonstrating compliance with the covenants contained herein shall include, at the election of Borrower or upon the request of LaSalle, calculations setting forth the adjustments necessary to demonstrate how Borrower is in compliance with the financial covenants based upon GAAP as in effect on the Closing Date.

Appears in 1 contract

Samples: Loan and Security Agreement (Phoenix Medical Technology Inc)

Accounting Terms and Definitions. Unless otherwise defined or specified herein, all accounting terms used in this Agreement shall be construed in accordance with GAAP, applied on a basis consistent in all material respects with the financial statements delivered by Borrower to LaSalle on or before the Closing Date. All accounting determinations for purposes of determining compliance with the financial covenants contained in paragraph 14(m13(m) shall be made in accordance with GAAP as in effect on the Closing Date and applied on a basis consistent in all material respects with the audited financial statements delivered to LaSalle by Borrower on or before the Closing Date. The financial statements required to be delivered hereunder from and after the Closing Date, and all financial records, shall be maintained in accordance with GAAP. If GAAP shall change from the basis used in preparing the audited financial statements delivered to LaSalle by Borrower on or before the Closing Date, the certificates required to be delivered pursuant to paragraph 11(b11(i) demonstrating compliance with the covenants contained herein shall include, at the election of Borrower or upon the request of LaSalle, calculations setting forth the adjustments necessary to demonstrate how Borrower is in compliance with the financial covenants based upon GAAP as in effect on the Closing Date.

Appears in 1 contract

Samples: Loan and Security Agreement (Antigua Enterprises Inc)

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Accounting Terms and Definitions. Unless otherwise defined or specified herein, all defined terms in Section 1 as used in this Agreement shall have the meanings set out in such Section, and all accounting terms used in this Agreement shall be construed in accordance with GAAP, applied on a basis consistent in all material respects with the financial statements delivered by Borrower the Obligors to LaSalle Lender on or before the Closing Date. All accounting determinations for purposes of determining compliance with the financial covenants contained in paragraph 14(m) Section 14 shall be made in accordance with GAAP as in effect on the Closing Date and applied on a basis consistent in all material respects with the audited financial statements delivered to LaSalle Lender by Borrower the Obligors on or before the Closing Date. The financial statements required to be delivered hereunder from and after the Closing Date, and all financial records, shall be maintained in accordance with GAAP. If GAAP shall change from the basis used in preparing the audited reviewed financial statements delivered to LaSalle Lender by Borrower the Obligors on or before the Closing Date, the certificates required to be delivered pursuant to paragraph 11(b) Section 9 demonstrating compliance with the covenants contained herein shall include, at the election of Borrower the Obligors or upon the reasonable request of LaSalleLender, calculations setting forth the adjustments necessary to demonstrate how Borrower is the Obligors are in compliance with the financial covenants based upon GAAP as in effect on the Closing Date.

Appears in 1 contract

Samples: Loan Agreement (Tarpon Industries, Inc.)

Accounting Terms and Definitions. Unless otherwise defined or specified herein, all accounting terms used in this Agreement shall be construed in accordance with GAAP, applied on a basis consistent in all material respects with the financial statements delivered by Borrower to LaSalle on or before the Closing Date. All accounting determinations for purposes of determining compliance with the financial covenants contained in paragraph 14(mPARAGRAPH 14(n) shall be made in accordance with GAAP as in effect on the Closing Date and applied on a basis consistent in all material respects with the audited financial statements delivered to LaSalle by Borrower on or before the Closing Date. The financial statements required to be delivered hereunder from and after the Closing Date, and all financial records, shall be maintained in accordance with GAAP. If GAAP shall change from the basis used in preparing the audited financial statements delivered to LaSalle by Borrower on or before the Closing Date, the certificates required to be delivered pursuant to paragraph 11(bPARAGRAPH 14(b) demonstrating compliance with the covenants contained herein shall include, at the election of Borrower or upon the request of LaSalle, calculations setting forth the adjustments necessary to demonstrate how Borrower is in compliance with the financial covenants based upon GAAP as in effect on the Closing Date.

Appears in 1 contract

Samples: Loan and Security Agreement (Bpi Packaging Technologies Inc)

Accounting Terms and Definitions. Unless otherwise defined or specified herein, all accounting terms used in this Agreement shall be construed in accordance with GAAP, applied on a basis consistent in all material respects with the financial statements delivered by Borrower to LaSalle Agent on or before the Closing DateDate or as otherwise agreed to by Agent. All accounting determinations for purposes of determining compliance with the financial covenants contained in paragraph 14(m14(p) shall be made in accordance with GAAP as in effect on the Closing Date and applied on a basis consistent in all material respects with the audited financial statements of Borrower delivered to LaSalle Agent by Borrower on or before the Closing Date. The financial statements required to be delivered hereunder from and after the Closing Date, and all financial records, shall be maintained in accordance with GAAP. If GAAP shall change from the basis used in preparing the audited financial statements delivered to LaSalle Agent by Borrower on or before the Closing Date, the certificates required to be delivered pursuant to paragraph 11(b) 11 demonstrating compliance with the covenants contained herein shall include, at the election of Borrower or upon the request of LaSalleAgent, calculations setting forth the adjustments necessary to demonstrate how Borrower is in compliance with the financial covenants based upon GAAP as in effect on the Closing Date.

Appears in 1 contract

Samples: Loan and Security Agreement (Impco Technologies Inc)

Accounting Terms and Definitions. Unless otherwise defined or specified herein, all accounting terms used in this Agreement shall be construed in accordance with GAAP, applied on a basis consistent in all material respects with the financial statements delivered by Borrower to LaSalle Lender on or before the Closing Date. All accounting determinations for purposes of determining compliance with the financial covenants contained in paragraph 14(m15(o) shall be made in accordance with GAAP as in effect on the Closing Date and applied on a basis consistent in all material respects with the audited financial statements of Borrower delivered to LaSalle Lender by Borrower on or before the Closing Date. The financial statements required to be delivered hereunder from and after the Closing Date, and all financial records, shall be maintained in accordance with GAAP. If GAAP shall change from the basis used in preparing the audited financial statements delivered to LaSalle Lender by Borrower on or before the Closing Date, the certificates required to be delivered pursuant to paragraph 11(b) 12 demonstrating compliance with the covenants contained herein shall include, at the election of Borrower or upon the request of LaSalleLender, calculations setting forth the adjustments necessary to demonstrate how Borrower is in compliance with the financial covenants based upon GAAP as in effect on the Closing Date.

Appears in 1 contract

Samples: Loan and Security Agreement (Security Capital Corp/De/)

Accounting Terms and Definitions. Unless otherwise defined or specified herein, all accounting terms used in this Agreement shall be construed in accordance with GAAP, applied on a basis consistent in all material respects with the financial statements delivered by Borrower to LaSalle on or before the Closing Date. All accounting determinations for purposes of determining compliance with the financial covenants contained in paragraph 14(m11(m) shall be made in accordance with GAAP as in effect on the Closing Date and applied on a basis consistent in all material respects with the audited financial statements delivered 7 to LaSalle by Borrower on or before the Closing Date. The financial statements required to be delivered hereunder from and after the Closing Date, and all financial records, shall be maintained in accordance with GAAP. If GAAP shall change from the basis used in preparing the audited financial statements delivered to LaSalle by Borrower on or before the Closing Date, the certificates required to be delivered pursuant to paragraph 11(b11(i) demonstrating compliance with the covenants contained herein shall include, at the election of Borrower or upon the request of LaSalle, calculations setting forth the adjustments necessary to demonstrate how Borrower is in compliance with the financial covenants based upon GAAP as in effect on the Closing Date.

Appears in 1 contract

Samples: Loan and Security Agreement (Antigua Enterprises Inc)

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