Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 239 contracts
Samples: Term Credit Agreement (Powersecure International, Inc.), Credit Agreement (Ferrellgas Finance Corp), Credit Agreement (Platform Specialty Products Corp)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to timeGAAP, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 209 contracts
Samples: Credit Agreement (Corporate Executive Board Co), Credit Agreement (Travelport LTD), Credit Agreement (Sungard Data Systems Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial StatementsGAAP, except as otherwise specifically prescribed herein.
Appears in 119 contracts
Samples: Syndicated Facility Agreement (DTZ Jersey Holdings LTD), Intercreditor Agreement (JOANN Inc.), Credit Agreement (Surgery Partners, Inc.)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed hereinGAAP.
Appears in 82 contracts
Samples: Credit Agreement (Vistra Energy Corp.), Credit Agreement (Dollar General Corp), Collateral Agreement (Laureate Education, Inc.)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial StatementsGAAP, except as otherwise specifically prescribed herein.
Appears in 65 contracts
Samples: Credit Agreement (Nielsen Holdings N.V.), First Lien Credit Agreement (Evoqua Water Technologies Corp.), Credit Agreement (Global Media USA, LLC)
Accounting Terms. (a) All Except as expressly provided herein, all accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to timeGAAP, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed hereinmanner.
Appears in 64 contracts
Samples: Abl Credit Agreement (Academy Sports & Outdoors, Inc.), Joinder Agreement (BrightSpring Health Services, Inc.), First Lien Credit Agreement (BrightSpring Health Services, Inc.)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, basis as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 45 contracts
Samples: Assignment and Assumption (Toyota Motor Credit Corp), Assignment and Assumption (Toyota Motor Credit Corp), 364 Day Credit Agreement (Toyota Motor Credit Corp)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 40 contracts
Samples: Day Bridge Term Loan Agreement (Harris Corp /De/), Revolving Credit Agreement (Heico Corp), Credit Agreement (Neustar Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statementsaudited financial statements, except as otherwise specifically prescribed herein.
Appears in 26 contracts
Samples: Credit Agreement (Markwest Energy Partners L P), Credit Agreement (Markwest Energy Partners L P), Credit Agreement (Markwest Energy Partners L P)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 26 contracts
Samples: Credit Agreement (Sandridge Energy Inc), Credit Agreement (HPS Corporate Lending Fund), Credit Agreement (Bluefly Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 25 contracts
Samples: Contribution Agreement (Enbridge Energy Partners Lp), Credit Agreement (Municipal Mortgage & Equity LLC), Credit Agreement (Cash America International Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 22 contracts
Samples: Credit Agreement (Equitrans Midstream Corp), Letter of Credit and Term Loan Agreement (Chicago Bridge & Iron Co N V), Credit Agreement (Noble Midstream Partners LP)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein or in any other Loan Document shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Credit Agreement shall be prepared in conformity withwith GAAP, GAAP applied on a consistent basis, as in effect from time to time, applied time and in a manner consistent with that used in preparing the Audited Financial Statementsaudited financial statements required by Section 8.1(a), except as otherwise specifically prescribed herein.
Appears in 21 contracts
Samples: Revolving Credit Agreement (Oaktree Gardens OLP, LLC), Revolving Credit Agreement (TCG BDC II, Inc.), Revolving Credit Agreement (AB Commercial Real Estate Private Debt Fund, LLC)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statementsaudited financial statements required by Section 7.1(b), except as otherwise specifically prescribed herein.
Appears in 21 contracts
Samples: Credit Agreement (Tuesday Morning Corp/De), Credit Agreement (Radyne Corp), Credit Agreement (SCP Pool Corp)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Credit Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, Statements except as otherwise specifically prescribed herein.
Appears in 20 contracts
Samples: Credit Agreement (Omega Healthcare Investors Inc), Credit Agreement (Omega Healthcare Investors Inc), Credit Agreement (Omega Healthcare Investors Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to timeGAAP, applied in a manner consistent with that used in preparing the Audited Annual Financial Statements, except as otherwise specifically prescribed herein.
Appears in 19 contracts
Samples: Credit Agreement (iHeartCommunications, Inc.), Credit Agreement (C C Media Holdings Inc), Credit Agreement (Clear Channel Communications Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed hereinGAAP.
Appears in 18 contracts
Samples: Loan Agreement (First Data Corp), Secured Revolving Credit Agreement (NXP Semiconductors N.V.), Interim Loan Agreement (First Data Corp)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, with GAAP applied on a consistent basis, as in effect from time to time, applied on a consistent basis and in a manner consistent with that used in preparing the Audited Financial Statementsaudited financial statements required by Section 7.1(b), except as otherwise specifically prescribed herein.
Appears in 17 contracts
Samples: Third Amendment and Waiver (Bowater Inc), Day Credit Agreement (Family Dollar Stores Inc), Credit Agreement (Family Dollar Stores Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to timeGAAP, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 16 contracts
Samples: Credit Agreement (Change Healthcare Inc.), Credit Agreement (ESH Hospitality, Inc.), Credit Agreement (Wynn Resorts LTD)
Accounting Terms. (a) All Except as expressly provided herein, all accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to timewith GAAP, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed hereinmanner.
Appears in 15 contracts
Samples: Intercreditor Agreement (Aveanna Healthcare Holdings, Inc.), First Lien Credit Agreement (Aveanna Healthcare Holdings, Inc.), First Lien Credit Agreement (HireRight GIS Group Holdings, LLC)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basisGAAP, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 15 contracts
Samples: Credit Agreement (Veritiv Corp), Credit Agreement (Maravai Lifesciences Holdings, Inc.), Credit Agreement (Allison Transmission Holdings Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein in this Agreement shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to by this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 13 contracts
Samples: Credit Agreement (California Pizza Kitchen Inc), Credit Agreement (Pope Resources LTD Partnership), Credit Agreement (Esco Technologies Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, with GAAP applied on a consistent basis, as in effect from time to time, applied on a consistent basis and in a manner consistent with that used in preparing the Audited Financial Statementsaudited financial statements required by Section 7.1(b) and (d), except as otherwise specifically prescribed herein.
Appears in 12 contracts
Samples: Seventh Amendment (AbitibiBowater Inc.), Eleventh Amendment and Consent (AbitibiBowater Inc.), Credit Agreement (Bowater Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein in this Agreement shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to by this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, and applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 12 contracts
Samples: Credit Agreement (Wireless Facilities Inc), Credit Agreement (Quantum Corp /De/), Credit Agreement (Epicor Software Corp)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basisGAAP, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 12 contracts
Samples: Credit Agreement (Frontier Airlines Holdings, Inc.), Credit Agreement (Warner Music Group Corp.), Credit Agreement (Michael Foods Inc/New)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basisGAAP, as in effect from time for the period to timewhich the Audited Financial Statements relate, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 11 contracts
Samples: Credit Agreement (Rapid Roaming Co), Assignment and Assumption (Michael Foods Group, Inc.), Credit Agreement (At Home Group Inc.)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial StatementsGAAP, except as otherwise specifically prescribed hereinherein or therein.
Appears in 10 contracts
Samples: Credit Agreement (Yellow Corp), Credit Agreement (Yellow Corp), Term Loan Credit Agreement (YRC Worldwide Inc.)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, with GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statementsaudited financial statements, except as otherwise specifically prescribed herein.
Appears in 10 contracts
Samples: Credit Agreement (Sunnova Energy International Inc.), Credit Agreement (Sunnova Energy International Inc.), Credit Agreement (Sunnova Energy International Inc.)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP (except as provided in this Agreement with respect to Investment Entities) applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 9 contracts
Samples: Loan Agreement (Cousins Properties Inc), Credit Agreement (Cousins Properties Inc), Assignment and Assumption (Cousins Properties Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to timeGAAP, applied in a manner consistent with that used in preparing the Audited Annual Financial Statements, except as otherwise specifically prescribed herein.
Appears in 9 contracts
Samples: Intercreditor Agreement (LVB Acquisition, Inc.), Credit Agreement (Biolectron, Inc.), Credit Agreement (Nexeo Solutions, Inc.)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to timeGAAP, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed hereinmanner.
Appears in 9 contracts
Samples: Credit Agreement (RBC Bearings INC), Credit Agreement (Ingersoll Rand Inc.), Credit Agreement (PRA Health Sciences, Inc.)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Initial Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 8 contracts
Samples: Credit Agreement (Bois D Arc Energy, Inc.), Credit Agreement (Comstock Resources Inc), Credit Agreement (Comstock Resources Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statementsaudited financial statements, except as otherwise specifically prescribed herein.
Appears in 8 contracts
Samples: Credit Agreement (Quest Resource Corp), Assignment and Assumption (Quest Energy Partners, L.P.), Assignment and Assumption (Quest Resource Corp)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basisGAAP, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 8 contracts
Samples: Credit Agreement (ClubCorp Holdings, Inc.), Credit Agreement (ClubCorp Club Operations, Inc.), Credit Agreement (Campbell Alliance Group Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Initial Financial Statements, except as otherwise specifically prescribed herein.
Appears in 6 contracts
Samples: Credit Agreement (QEP Midstream Partners, LP), Credit Agreement, Credit Agreement (Tesoro Logistics Lp)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statementsaudited financial statements required by Section 8.1(b), except as otherwise specifically prescribed herein.
Appears in 6 contracts
Samples: Credit Agreement (Pool Corp), Credit Agreement (Hickory Tech Corp), Credit Agreement (Globalstar, Inc.)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 6 contracts
Samples: Credit Agreement (Concho Resources Inc), Assignment and Assumption (Synutra International, Inc.), Loan Agreement (Synutra International, Inc.)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein in this Agreement shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited audited financial statements required by Clause 19.2 (Annual Financial Statements), except as otherwise specifically prescribed hereinin this Agreement.
Appears in 6 contracts
Samples: Operation and Maintenance Agreement (Globalstar, Inc.), Coface Facility Agreement (Globalstar, Inc.), Coface Facility Agreement (Globalstar, Inc.)
Accounting Terms. (a) All For purposes of this Agreement, all accounting terms not specifically or completely otherwise defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Annual Financial Statements, except as otherwise specifically prescribed herein.
Appears in 5 contracts
Samples: Credit Agreement (Total Gas & Electricity (PA) Inc), Credit Agreement (MxEnergy Holdings Inc), Credit Agreement (MxEnergy Holdings Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP or SAP, as applicable, applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 5 contracts
Samples: Credit Agreement (Delphi Financial Group Inc/De), Credit Agreement (Safeco Corp), Credit Agreement (Delphi Financial Group Inc/De)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP or SAP, as applicable, applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statementsaudited financial statements of the Borrower described in Subsection 5.05(a), except as otherwise specifically prescribed herein.
Appears in 5 contracts
Samples: Bridge Loan Credit Agreement (Pmi Group Inc), Revolving Credit Agreement (Pmi Group Inc), Revolving Credit Agreement (Pmi Group Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial StatementsCompany’s audited financial statements, except as otherwise specifically prescribed herein.
Appears in 5 contracts
Samples: Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statementsfinancial statements referred to in Section 5.05, except as otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: Note Agreement (NewStar Financial, Inc.), Note Agreement (NewStar Financial, Inc.), Note Agreement (NewStar Financial, Inc.)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Credit Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statementsaudited financial statements for the fiscal year ended December 31, 2008, except as otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: Credit Agreement (Healthcare Realty Trust Inc), Credit Agreement (Brookdale Senior Living Inc.), Credit Agreement (Omega Healthcare Investors Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to timeGAAP, applied in a manner consistent with that used in preparing the Audited Financial StatementsStatements of the Borrower, except as otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: Term Loan Credit Agreement (RumbleOn, Inc.), Term Loan Credit Agreement (RumbleOn, Inc.), Term Loan Credit Agreement (RumbleOn, Inc.)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, with GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: Credit Agreement (Shoals Technologies Group, Inc.), Credit Agreement (Shoals Technologies Group, Inc.), Credit Agreement (Shoals Technologies Group, Inc.)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to timeGAAP, applied in a manner consistent with that used in preparing the Audited Financial Statementsfirst audited financial statements delivered under Section 6.01(a), except as otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: Assignment and Assumption (Vine Resources Inc.), Assignment and Assumption (Vine Resources Inc.), Assignment and Assumption (Vine Resources Inc.)
Accounting Terms. (a) All For purposes of this Agreement, unless otherwise specified herein, all accounting terms not specifically or completely otherwise defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: Credit Agreement (Vantage Drilling CO), Credit Agreement (Vantage Drilling International), Credit Agreement
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basisGAAP, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: 364 Day Revolving Credit Agreement (Alltel Corp), Day Revolving Credit Agreement (Alltel Corp), 364 Day Revolving Credit Agreement (Alltel Corp)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except EXCEPT as otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: Bridge Loan Agreement (Digitalnet Holdings Inc), Credit Agreement (Digitalnet Holdings Inc), Credit Agreement (Digitalnet Holdings Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial StatementsGAAP, except as otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: Credit Agreement (CBRE Acquisition Holdings, Inc.), Credit Agreement (Blackstone Holdings III L.P.), Credit Agreement (GIC Private LTD)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: Multicurrency Credit Agreement (Aptargroup Inc), Term Loan and Security Agreement (FS Energy & Power Fund), Assignment and Assumption (Aptargroup Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statementsfinancial statements referred to in Section 4.01(g), except as otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: Credit Agreement (Ntelos Holdings Corp), Credit Agreement (Ntelos Holdings Corp), Credit Agreement (Ntelos Holdings Corp)
Accounting Terms. (a) All Except as otherwise specifically prescribed herein, all accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the most recent Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (Abovenet Inc), Credit and Guaranty Agreement (Ancestry.com Inc.), Credit and Guaranty Agreement (Providence Service Corp)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, with GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: Credit Agreement (Sunrun Inc.), Credit Agreement (Vivint Solar, Inc.), Credit Agreement (Spruce Power Holding Corp)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basisor SAP, as the case may be, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements or Statutory Statements, as of and for the year ended December 31, 2009, as applicable, except as otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: Assignment and Assumption (Metlife Inc), Year Credit Agreement (Metlife Inc), 364 Day Credit Agreement (Metlife Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basisGAAP, as in effect from time to time, applied on a consistent basis and in a manner consistent with that used in preparing the Audited Financial Statements, except as to the extent, if any, otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: Credit Agreement (Bj Services Co), Credit Agreement (Bj Services Co), Credit Agreement (Bj Services Co)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to timewith GAAP, applied in a manner consistent with that used in preparing the Audited Historical Financial Statements, except as otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: Lease Agreement (Goodman Global Group, Inc.), Lease Agreement (Goodman Global Group, Inc.), Revolving Credit Agreement (Goodman Sales CO)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial StatementsStatements of APi, except that the Audited Financial Statements of Holdings and the Unaudited Financial Statements of Holdings were prepared in accordance with IFRS and as otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: Credit Agreement (APi Group Corp), Credit Agreement (APi Group Corp), Credit Agreement (APi Group Corp)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basisGAAP, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statementsaudited Section 6.01 Financials, except as otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: Second Lien Credit Agreement (Keyw Holding Corp), Credit Agreement (Visteon Corp), First Lien Credit Agreement (Keyw Holding Corp)
Accounting Terms. (a) All Except as otherwise specifically prescribed herein, all accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: Credit Agreement (Armstrong World Industries Inc), Credit Agreement (Armstrong World Industries Inc), Credit Agreement (Armstrong World Industries Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, and applied on a consistent basis in a manner consistent with that used in preparing the Audited Financial StatementsBorrower's audited financial statements, except as otherwise specifically prescribed herein.
Appears in 3 contracts
Samples: Credit Agreement (McEwen Mining Inc.), Credit Agreement (McEwen Mining Inc.), Credit Agreement (McEwen Mining Inc.)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial StatementsStatements and using the same inventory valuation method as used in such financial statements, except as otherwise specifically prescribed herein.
Appears in 3 contracts
Samples: Credit Agreement (Imation Corp), Security and Pledge Agreement (Imation Corp), Credit Agreement (Imation Corp)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 3 contracts
Samples: Credit Agreement (Albemarle Corp), Credit Agreement (Albemarle Corp), Credit Agreement (Lumos Networks Corp.)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basisGAAP, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed hereinBorrower’s financial statements described in Section 7.5.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Standard Pacific Corp /De/), Revolving Credit Agreement (Standard Pacific Corp /De/), Credit Agreement (Standard Pacific Corp /De/)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, with GAAP applied on a consistent basis, basis as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 3 contracts
Samples: Second Lien Credit Agreement (Erickson Air-Crane Inc), Second Lien Credit Agreement (Erickson Air-Crane Inc), Credit Agreement (Erickson Air-Crane Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statementsaudited financial statements for the fiscal year ended December 31, 2003, except as otherwise specifically prescribed herein.
Appears in 3 contracts
Samples: Day Credit Agreement (Albemarle Corp), 364 Day Credit Agreement (Albemarle Corp), Credit Agreement (Albemarle Corp)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Credit Agreement shall be prepared in conformity with, GAAP applied on a consistent basisGAAP, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 3 contracts
Samples: Credit and Security Agreement, Credit and Security Agreement (Ata Holdings Corp), Credit and Security Agreement (Ata Holdings Corp)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Credit Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statementsaudited financial statements for the fiscal year ended December 31, 2004, except as otherwise specifically prescribed herein.
Appears in 3 contracts
Samples: Bank Credit Agreement (Fresenius Medical Care AG & Co. KGaA), Term Loan Credit Agreement (Fresenius Medical Care AG & Co. KGaA), Credit Agreement (Healthcare Realty Trust Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein in this Agreement shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to by this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 3 contracts
Samples: Credit Agreement (Reliance Steel & Aluminum Co), Credit Agreement (Reliance Steel & Aluminum Co), Credit Agreement (Reliance Steel & Aluminum Co)
Accounting Terms. (a) All accounting Accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 3 contracts
Samples: Credit Agreement (Sonic Corp), Credit Agreement (Sonic Corp), Credit Agreement (Carriage Services Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 3 contracts
Samples: Credit Agreement (Precision Castparts Corp), Credit Agreement (Precision Castparts Corp), Credit Agreement (Precision Castparts Corp)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to timeGAAP, applied in a manner consistent with that used in preparing the Audited Historical Financial Statements, except as otherwise specifically prescribed herein.
Appears in 3 contracts
Samples: Credit Agreement (KKR Financial Holdings LLC), Security Agreement (KKR Financial Holdings LLC), Credit Agreement (ASC Acquisition LLC)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statementsaudited financial statements required by Section 9.1(b), except as otherwise specifically prescribed herein.
Appears in 3 contracts
Samples: Credit Agreement (La-Z-Boy Inc), Credit Agreement (La-Z-Boy Inc), Credit Agreement (La-Z-Boy Inc)
Accounting Terms. (a) All Except as otherwise specifically prescribed herein, all accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, with GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Pre-Closing Financial Statements, except as otherwise specifically prescribed herein.
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Potbelly Corp), Engine Lease Agreement (Mesa Air Group Inc), Credit and Guaranty Agreement (Mesa Air Group Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial StatementsStatements and using the same asset valuation method as used in such financial statements, except as otherwise specifically prescribed herein.
Appears in 3 contracts
Samples: Credit Agreement (Atlantic Power Corp), Credit Agreement (Atlantic Power Corp), Credit Agreement (Atlantic Power Corp)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Current Financial Statements, except as otherwise specifically prescribed herein. All financial ratios contemplated by this Agreement shall be calculated on a consolidated basis for Borrowers and their Subsidiaries.
Appears in 3 contracts
Samples: Credit Agreement (EnerJex Resources, Inc.), Credit Agreement (EnerJex Resources, Inc.), Credit Agreement (EnerJex Resources, Inc.)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basisGAAP, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 3 contracts
Samples: Credit Agreement (Dynegy Inc /Il/), Credit and Guaranty Agreement (Macquarie Infrastructure Corp), Credit and Guaranty Agreement
Accounting Terms. (a) All For purposes of this Agreement, all accounting terms not specifically or completely otherwise defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 3 contracts
Samples: Credit Agreement (Cig Wireless Corp.), Credit Agreement (Cig Wireless Corp.), Credit Agreement (Cig Wireless Corp.)
Accounting Terms. (aA) All accounting terms not specifically or completely defined herein shall be are construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity withwith GAAP, GAAP applied on a consistent basis, as in effect from time to time, applied time and in a manner consistent with that used in preparing the Audited Financial Statements, audited financial statements required by Section 6.1(A) except as otherwise specifically prescribed herein.
Appears in 3 contracts
Samples: Multidraw Term Loan Agreement (Petroquest Energy Inc), Term Loan Agreement (Petroquest Energy Inc), Multidraw Term Loan Agreement (Petroquest Energy Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 3 contracts
Samples: Margin Loan Agreement (Sunedison, Inc.), Loan Agreement (Century Aluminum Co), Credit Agreement (Crosstex Energy Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basisGAAP, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statementsfinancial statements, except as otherwise specifically prescribed herein.
Appears in 2 contracts
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 2 contracts
Samples: Credit Agreement (Copart Inc), Credit Agreement (Copart Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Credit Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 2 contracts
Samples: Credit Agreement (Sabra Health Care REIT, Inc.), Credit Agreement (Sabra Health Care REIT, Inc.)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including covenants, financial ratios and other financial calculations) required to be submitted pursuant to calculations contained in this Agreement shall be prepared in conformity with, with GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing consistently throughout the Audited Financial Statementsperiods reflected therein, except as otherwise specifically prescribed herein.
Appears in 2 contracts
Samples: Day Credit Agreement (L 3 Communications Holdings Inc), Credit Agreement (L 3 Communications Holdings Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to timeGAAP, applied in a manner consistent with that used in preparing the Audited Financial Consolidated Statements, except as otherwise specifically prescribed herein.
Appears in 2 contracts
Samples: Credit Agreement (New York Times Co), Credit Agreement (New York Times Co)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except EXCEPT as otherwise specifically prescribed herein.
Appears in 2 contracts
Samples: Credit Agreement (Texas Roadhouse, Inc.), Credit Agreement (Meritage Corp)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein in this Agreement shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to by this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except EXCEPT as otherwise specifically prescribed herein.
Appears in 2 contracts
Samples: Credit Agreement (K2 Inc), Credit Agreement (Big Dog Holdings Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement Agreement, if any, shall be prepared in conformity with, with GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 2 contracts
Samples: Credit Agreement (Grainger W W Inc), Credit Agreement (W.W. Grainger, Inc.)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, with GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statementsaudited financial statements, except as otherwise specifically prescribed herein.
Appears in 2 contracts
Samples: Credit Agreement (PHX Minerals Inc.), Credit Agreement (Panhandle Oil & Gas Inc)
Accounting Terms. (a) All For purposes of this Agreement, all accounting terms not specifically or completely otherwise defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 2 contracts
Samples: Credit Agreement (Willbros Group Inc), Credit Agreement (Willbros Group Inc)
Accounting Terms. (a) All For purposes of this Agreement, all accounting terms not specifically or completely otherwise defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed hereinfinancial statements most recently delivered pursuant to Section 5.06(a).
Appears in 2 contracts
Samples: Credit Agreement (Diamondback Energy Services, Inc.), Credit Agreement (Diamondback Energy Services, Inc.)
Accounting Terms. (a) All For purposes of this Agreement, all accounting terms not specifically or completely otherwise defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 2 contracts
Samples: Credit Agreement (Vantage Drilling CO), Pledge Agreement (Seahawk Drilling, Inc.)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except Statements (subject to adjustment as otherwise specifically prescribed hereinprovided in Section 1.03(b)).
Appears in 2 contracts
Samples: Credit Agreement (Corinthian Colleges Inc), Credit Agreement (Corinthian Colleges Inc)
Accounting Terms. (aii) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 2 contracts
Samples: Restatement Agreement (McClatchy Co), Credit Agreement (McClatchy Co)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except ------ as otherwise specifically prescribed herein.
Appears in 2 contracts
Samples: Credit Agreement (Coinstar Inc), Credit Agreement (Levi Strauss & Co)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statementsannual financial statements of the Parent filed with the SEC on March 14, 2007, except as otherwise specifically prescribed herein.
Appears in 2 contracts
Samples: Note Purchase Agreement (Deerfield Triarc Capital Corp), Note Purchase Agreement (Triarc Companies Inc)
Accounting Terms. (a) All Except as otherwise specifically prescribed herein, all accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Pre-Closing Financial Statements, except as otherwise specifically prescribed hereinStatements of the Borrowers.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Allion Healthcare Inc), Credit and Guaranty Agreement (Allion Healthcare Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity withwith GAAP, GAAP applied on a consistent basisbasis with respect to accounting principles, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 2 contracts
Samples: Credit Agreement (Jarden Corp), Credit Agreement (Jarden Corp)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to timeGAAP, applied in a manner consistent with that used historical practices in preparing effect as of the Audited Financial StatementsFourth Restatement Effective Date, except as otherwise specifically prescribed herein.
Appears in 2 contracts
Samples: Credit Agreement (Performance Food Group Co), Credit Agreement (Performance Food Group Co)
