Common use of Accounting Terms and Principles Clause in Contracts

Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement hereafter adopted by a Loan Party shall be given effect for purposes of measuring compliance with any provision of Article V unless the Loan Parties, Agents and the Required Lenders agree to modify such provisions to reflect such changes in GAAP and, unless such provisions are modified, all financial statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Postmedia Network Canada Corp.), Revolving Credit Agreement (Postmedia Network Canada Corp.)

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Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement hereafter adopted by a Loan Party Borrowers shall be given effect for purposes of measuring compliance with any provision of Article V or VI unless the Loan PartiesBorrowers, Agents the Agent and the Required Lenders agree to modify such provisions to reflect such changes in GAAP and, unless such provisions are modified, all financial statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 2 contracts

Samples: Credit Agreement (Akorn Inc), Credit Agreement (Akorn Inc)

Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement Financial Statement hereafter adopted by a Loan Party the Borrower shall be given effect for purposes of measuring if such change would affect a calculation that measures compliance with any provision of Article V or VII unless the Loan Parties, Agents Administrative Agent and the Required Lenders agree to modify such provisions to reflect such changes change in GAAP and, unless such provisions are modified, all financial statementsFinancial Statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 2 contracts

Samples: Management Services Agreement (Cinedigm Corp.), Guaranty Agreement (Cinedigm Corp.)

Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement hereafter adopted by a Loan Party CryoLife shall be given effect for purposes of measuring compliance with any provision of Article V or VI unless the Loan PartiesBorrowers, Agents the Agent and the Required Lenders agree to modify such provisions to reflect such changes in GAAP and, unless such provisions are modified, all financial statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 2 contracts

Samples: Credit Agreement (Cryolife Inc), Credit Agreement (Cryolife Inc)

Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement hereafter adopted by a Loan Party Borrower shall be given effect for purposes of measuring compliance with any provision of Article V VI or VII unless the Loan PartiesBorrower, Agents the Agent and the Required Lenders agree to modify such provisions to reflect such changes in GAAP and, unless such provisions are modified, all financial statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 2 contracts

Samples: Credit Agreement (Hemisphere Media Group, Inc.), Credit Agreement (Hemisphere Media Group, Inc.)

Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement Financial Statement hereafter adopted by a Loan Party the Borrower shall be given effect for purposes of measuring if such change would affect a calculation that measures compliance with any provision of Article V or VIII unless the Loan Parties, Agents Administrative Agent and the Required Lenders agree to modify such provisions to reflect such changes change in GAAP and, unless such provisions are modified, all financial statementsFinancial Statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 2 contracts

Samples: Credit Agreement (Access Integrated Technologies Inc), Credit Agreement (Cinedigm Digital Cinema Corp.)

Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement hereafter adopted by a Loan Party Borrower shall be given effect for purposes of measuring compliance with any provision of Article V or VI unless the Loan PartiesBorrower, Agents the Agent and the Required Lenders agree to modify such provisions to reflect such changes in GAAP and, unless such provisions are modified, all financial statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP. [Balance of page intentionally left blank; signature page follows.]

Appears in 2 contracts

Samples: Credit Agreement (Banctec Inc), Credit Agreement (Banctec Inc)

Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement Financial Statement hereafter adopted by a Loan Party Borrower shall be given effect for purposes of measuring if such change would affect a calculation that measures compliance with any provision of Article V [or VIII] unless the Loan Parties, Agents Borrower and the Required Lenders Lender agree to modify such provisions to reflect such changes in GAAP and, unless such provisions are modified, all financial statementsFinancial Statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Term Loan, Guaranty and Security Agreement (Horizon Offshore Inc)

Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement hereafter adopted by a Loan Party Holdings shall be given effect for purposes of measuring compliance with any provision of Article V or VI unless the Loan PartiesBorrower, Agents the Agent and the Required Lenders agree to modify such provisions to reflect such changes in GAAP and, unless such provisions are modified, all financial statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Credit Agreement (Archipelago Learning, Inc.)

Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement hereafter adopted by a Loan Party Holdings or Borrower shall be given effect for purposes of measuring compliance with any provision of Article V or VI unless the Loan PartiesBorrower, Agents the Agent and the Required Lenders agree to modify such provisions to reflect such changes in GAAP and, unless such provisions are modified, all financial statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Credit Agreement (CSAV Holding Corp.)

Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement Financial Statement hereafter adopted by a Loan Party the Borrower shall be given effect for purposes of measuring if such change would affect a calculation that measures compliance with any provision of Article V or VII unless the Loan Parties, Agents Agent and the Required Lenders agree to modify such provisions to reflect such changes change in GAAP and, unless such provisions are modified, all financial statementsFinancial Statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Second Lien Loan Agreement (Cinedigm Corp.)

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Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement hereafter adopted by a Loan Party Borrower shall be given effect for purposes of measuring compliance with any provision of Article V or VI unless the Loan PartiesBorrower, Agents the Agent and the Required Lenders agree to modify such provisions to reflect such changes in GAAP and, unless such provisions are modified, all financial statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Credit Agreement (Banctec Inc)

Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement hereafter adopted by a Loan Party Holdings or Borrower shall be given effect for purposes of measuring compliance with any provision of Article V or VI unless the Loan PartiesBorrower, Agents the Agent and the Required Lenders agree to modify such provisions to reflect such changes in GAAP and, unless such provisions are modified, all financial statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.. 105

Appears in 1 contract

Samples: Credit Agreement (CSAV Holding Corp.)

Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement hereafter adopted by a Loan Party the Borrower shall be given effect for purposes of measuring compliance with any provision of Article V VI or VII unless the Loan PartiesBorrower, Agents the Agent and the Required Majority Lenders agree to modify such provisions to reflect such changes in GAAP and, unless such provisions are modified, all financial statements, Compliance Certificates compliance certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Credit Agreement (Ute Energy Upstream Holdings LLC)

Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement Financial Statement hereafter adopted by a Loan Party Parent shall be given effect for purposes of measuring if such change would affect a calculation that measures compliance with any provision of Article V or VIII unless the Loan PartiesBorrowers, Agents the Administrative Agent and the Required Lenders agree to modify such provisions to reflect such changes in GAAP and, unless such provisions are modified, all financial statementsFinancial Statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Credit Agreement (Emeritus Corp\wa\)

Accounting Terms and Principles. (a) GAAP. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement Financial Statement hereafter adopted by a Loan Party Borrower shall be given effect for purposes of measuring if such change would affect a calculation that measures compliance with any provision of Article V or VIII unless the Loan PartiesBorrower, Agents the Administrative Agent and the Required Lenders agree to modify such provisions to reflect such changes in GAAP and, unless such provisions are modified, all financial statementsFinancial Statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Clearlake Capital Partners, LLC)

Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement hereafter adopted by a Loan Party ITG shall be given effect for purposes of measuring compliance with any provision of Article V or VI unless the Loan PartiesBorrowers, Agents the Agent and the Required Lenders agree to modify such provisions to reflect such changes in GAAP and, unless such provisions are modified, all financial statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Credit Agreement (International Textile Group Inc)

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