Accounting Terms. 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 otherwise specifically prescribed herein.
Appears in 131 contracts
Sources: Amendment No. 4 to Credit Agreement and Limited Waiver and Amendment No. 1 to Security Agreement (Solo Brands, Inc.), Fifth Amended and Restated Credit Agreement (Iqvia Holdings Inc.), Credit Agreement (GFL Environmental Inc.)
Accounting Terms. 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, GAAPGAAP applied on a consistent basis as in effect from time to time, except as otherwise specifically prescribed hereinapplied in a manner consistent with that used in preparing the Audited Financial Statements.
Appears in 47 contracts
Sources: Credit Agreement (Toyota Motor Credit Corp), Credit Agreement (Toyota Motor Credit Corp), 364 Day Credit Agreement (Toyota Motor Credit Corp)
Accounting Terms. All accounting terms not specifically or completely defined herein shall be construed in conformity with, with GAAP and all financial data (including financial ratios and other financial calculations) accounting determinations required to be submitted made pursuant to this Agreement shall hereto shall, unless expressly otherwise provided herein, be prepared made in conformity with, with GAAP, except as otherwise specifically prescribed herein.
Appears in 38 contracts
Sources: Stock Purchase Agreement (Leonardo DRS, Inc.), Loan Agreement (Us Airways Inc), Credit Agreement (Hearx LTD)
Accounting Terms. 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, GAAPGAAP 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 37 contracts
Sources: Credit Agreement (HPS Corporate Lending Fund), Credit Agreement (Blackstone Infrastructure Strategies L.P.), Term Loan Credit Agreement (Container Store Group, Inc.)
Accounting Terms. All accounting terms not specifically or completely defined herein shall be construed in conformity withaccordance with GAAP and practices consistent with those applied in the preparation of the financial statements submitted by Borrower to Administrative Agent, 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 otherwise specifically prescribed hereinaccordance with such principles and practices.
Appears in 31 contracts
Sources: Credit Agreement (CNX Resources Corp), Credit Agreement (CNX Resources Corp), Credit Agreement (First Wind Holdings Inc.)
Accounting Terms. 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, GAAPapplied on a consistent basis, as in effect from time to time and in a manner consistent with that used in preparing the audited financial statements required by Section 8.1(a), except as otherwise specifically prescribed herein.
Appears in 30 contracts
Sources: Revolving Credit Agreement (Oaktree Gardens OLP, LLC), Revolving Credit Agreement (Fortress Private Lending Fund), Revolving Credit Agreement (Fortress Private Lending Fund)
Accounting Terms. All accounting terms not specifically or completely defined herein shall be construed in conformity withaccordance with GAAP, 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, accordance with GAAP, except as otherwise specifically prescribed herein.
Appears in 27 contracts
Sources: Master Loan and Security Agreement (Ispire Technology Inc.), Loan Agreement, Credit Agreement (LHC Group, Inc)
Accounting Terms. 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, GAAPGAAP 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 27 contracts
Sources: Amendment and Restatement Agreement (Martin Midstream Partners L.P.), Credit Agreement (Martin Midstream Partners L.P.), Credit Agreement (Martin Midstream Partners Lp)
Accounting Terms. 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, GAAPGAAP 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
Sources: Continuing Covenant Agreement, Credit Agreement (Atlantic Power Corp), Credit Agreement (Enbridge Energy Partners Lp)
Accounting Terms. 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, GAAPGAAP 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 required by Section 7.1(b), except as otherwise specifically prescribed herein.
Appears in 21 contracts
Sources: Credit Agreement (Broadview Networks Holdings Inc), Credit Agreement (Broadview Networks Holdings Inc), Credit Agreement (Blackbaud Inc)
Accounting Terms. 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 in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 20 contracts
Sources: Credit Agreement (Alight, Inc. / Delaware), Credit Agreement (PF2 SpinCo, Inc.), Credit Agreement (PF2 SpinCo LLC)
Accounting Terms. 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 in a manner consistent with that used in preparing the Annual Financial Statements, except as otherwise specifically prescribed herein.
Appears in 19 contracts
Sources: Superpriority Secured Debtor in Possession Credit Agreement (iHeartMedia, Inc.), Credit Agreement (iHeartCommunications, Inc.), Credit Agreement (Clear Channel Communications Inc)
Accounting Terms. 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, except as otherwise specifically prescribed herein.
Appears in 19 contracts
Sources: Additional Facility Joinder Agreement (Liberty Latin America Ltd.), Amendment Agreement (Liberty Latin America Ltd.), Credit Agreement (Liberty Latin America Ltd.)
Accounting Terms. 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 otherwise specifically prescribed herein.
Appears in 19 contracts
Sources: Superpriority Secured Debtor in Possession Credit Agreement (Avaya Holdings Corp.), Abl Credit Agreement (Avaya Holdings Corp.), Second Lien Loan Agreement (SunOpta Inc.)
Accounting Terms. 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 as in effect from time to time, GAAPapplied on a consistent basis and in a manner consistent with that used in preparing the audited financial statements required by Section 7.1(b), except as otherwise specifically prescribed herein.
Appears in 17 contracts
Sources: Credit Agreement (Family Dollar Stores Inc), Credit Agreement (Family Dollar Stores Inc), Credit Agreement (Family Dollar Stores Inc)
Accounting Terms. All accounting terms not specifically or completely defined herein in any 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 Agreement hereunder shall be prepared in conformity with, with GAAP, except as otherwise specifically prescribed herein.
Appears in 16 contracts
Sources: Revolving Credit and Security Agreement (Golub Capital Direct Lending Corp), Revolving Credit and Security Agreement (Golub Capital BDC 4, Inc.), Revolving Credit and Security Agreement (Golub Capital BDC 4, Inc.)
Accounting Terms. 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 applied on a consistent basis, GAAPas 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
Sources: Credit Agreement (Sunnova Energy International Inc.), Credit Agreement (Sunnova Energy International Inc.), Credit Agreement (Sunnova Energy International Inc.)
Accounting Terms. 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, GAAPthe Applicable Accounting Standard 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 12 contracts
Sources: Credit Agreement (Fortress Private Lending Fund), Credit Agreement (Barings Private Credit Corp), Credit Agreement (Oaktree Gardens OLP, LLC)
Accounting Terms. 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 as in effect from time to time, GAAPapplied on a consistent basis and in a manner consistent with that used in preparing the audited financial statements required by Section 7.1(b) and (d), except as otherwise specifically prescribed herein.
Appears in 12 contracts
Sources: Credit Agreement (Bowater Inc), Credit Agreement (Bowater Inc), Credit Agreement (AbitibiBowater Inc.)
Accounting Terms. All accounting terms not specifically or completely defined herein shall be construed in conformity withaccordance with GAAP consistently applied, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement Agreement, unless otherwise specified, shall be prepared in conformity with, accordance with GAAP, except as otherwise specifically prescribed herein.
Appears in 12 contracts
Sources: Investors’ Rights Agreement (Intersections Inc), Series B Preferred Stock Purchase Agreement (Mortgage Com Inc), Stock Purchase Agreement (Information Management Associates Inc)
Accounting Terms. All accounting terms not specifically or completely defined herein shall be construed in conformity withaccordance with GAAP, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement and all financial tests to be calculated in accordance with this Agreement shall be prepared and calculated in conformity with, accordance with GAAP, except as otherwise specifically prescribed herein.
Appears in 12 contracts
Sources: Senior Subordinated Secured Note and Warrant Purchase Agreement (Ecollege Com), Senior Subordinated Secured Note and Warrant Purchase Agreement (SoftBrands, Inc.), Securities Purchase Agreement (Oncure Medical Corp)
Accounting Terms. 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 otherwise specifically prescribed hereinherein or therein.
Appears in 10 contracts
Sources: Credit Agreement (Yellow Corp), Credit Agreement (Yellow Corp), Credit Agreement (YRC Worldwide Inc.)
Accounting Terms. 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, GAAPGAAP applied on a consistent basis, as in effect from time to time, except as otherwise specifically prescribed herein.
Appears in 9 contracts
Sources: Asset Based Revolving Credit Agreement (Container Store Group, Inc.), Transaction Support Agreement (Container Store Group, Inc.), Senior Secured Superpriority Debtor in Possession Asset Based Revolving Credit Agreement (Container Store Group, Inc.)
Accounting Terms. 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, GAAPGAAP 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
Sources: Credit Agreement (Comstock Resources Inc), Credit Agreement (Comstock Oil & Gas, LP), Credit Agreement (Comstock Resources Inc)
Accounting Terms. All accounting terms not specifically or completely defined herein shall be construed in conformity withconstrued, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared prepared, in conformity with, accordance with GAAP, except as otherwise specifically prescribed herein.
Appears in 7 contracts
Sources: Credit and Security Agreement (Northwestern Corp), Loan Agreement (NCC Industries Inc), Loan Agreement (Diplomat Ambassador Inc)
Accounting Terms. 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, GAAPGAAP 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 required by Section 8.1(b), except as otherwise specifically prescribed herein.
Appears in 7 contracts
Sources: Credit Agreement (Broadview Networks Holdings Inc), Credit Agreement (Pool Corp), Credit Agreement (Globalstar, Inc.)
Accounting Terms. 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, 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 7 contracts
Sources: 364 Day Revolving Credit Agreement (Alltel Corp), Credit Agreement (Republic Airways Holdings Inc), 364 Day Revolving Credit Agreement (Alltel Corp)
Accounting Terms. All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios excluding the calculation of the Fixed Charge Coverage Ratio and other financial calculationsthe Consolidated Senior Secured Debt Ratio) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP, as in effect for the period to which 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 7 contracts
Sources: Credit Agreement, Second Lien Credit Agreement (Syniverse Holdings Inc), Credit Agreement (Syniverse Holdings Inc)
Accounting Terms. All accounting terms not specifically or completely defined herein shall be construed in conformity withaccordance with GAAP, 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 otherwise specifically prescribed hereinaccordance with such principles.
Appears in 6 contracts
Sources: Master Loan Agreement (Pennichuck Corp), Master Loan Agreement (Southwest Water Co), Master Loan Agreement (Connecticut Water Service Inc / Ct)
Accounting Terms. All accounting terms not specifically or completely defined herein shall be construed in conformity withaccordance with GAAP consistently applied, 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 otherwise specifically prescribed hereinaccordance with such principles.
Appears in 6 contracts
Sources: Series B Convertible Preferred Stock Purchase Agreement (Collegium Pharmaceutical, Inc), Series B Convertible Preferred Stock Purchase Agreement (Collegium Pharmaceutical Inc), Revolving Credit Loan Agreement (Lynch Interactive Corp)
Accounting Terms. 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, GAAPGAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Company’s audited financial statements, except as otherwise specifically prescribed herein.
Appears in 5 contracts
Sources: Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.)
Accounting Terms. 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, GAAPGAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Company's audited financial statements, except as otherwise specifically prescribed herein.
Appears in 5 contracts
Sources: Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.)
Accounting Terms. All accounting terms not specifically or completely defined herein shall be construed in conformity accordance with, and all certificates of compliance with financial data (including covenants shall be based on, GAAP; provided the financial ratios statements and other financial calculations) reports required to be submitted pursuant to this Agreement Sections 5.01(a)(i) and (ii) shall be prepared in conformity with, GAAP, accordance with generally accepted accounting principles consistently applied except as otherwise specifically prescribed hereinto the extent stated therein.
Appears in 5 contracts
Sources: Credit Agreement (Ensco PLC), 364 Day Credit Agreement (Ensco PLC), Credit Agreement (Ensco International Inc)
Accounting Terms. 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 otherwise specifically prescribed herein. In addition, for purposes of this Agreement, all references to codified accounting standards specifically named herein shall be deemed to include any successor, replacement, amended or updated accounting standard under GAAP.
Appears in 4 contracts
Sources: Credit Agreement (Delta Tucker Holdings, Inc.), Credit Agreement (Delta Tucker Holdings, Inc.), Credit Agreement (Delta Tucker 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, GAAPGAAP 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
Sources: Credit Agreement (McKesson Corp), Credit Agreement (MacDermid Group Inc.), Credit Agreement (MacDermid Group Inc.)
Accounting Terms. 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, GAAPwith IFRS, except as otherwise specifically prescribed herein.
Appears in 4 contracts
Sources: Credit Agreement (Liberty Global PLC), Credit Agreement (Liberty Latin America Ltd.), Credit Agreement (Liberty Latin America Ltd.)
Accounting Terms. All accounting terms not specifically or completely otherwise 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, except as otherwise specifically prescribed hereinexpressly permitted by this Agreement.
Appears in 4 contracts
Sources: Merger Agreement (Marietta Corp), Merger Agreement (Marietta Corp), Merger Agreement (Marietta Corp)
Accounting Terms. All accounting terms not specifically or completely defined herein shall be construed in conformity withaccordance with GAAP, and all other financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared and calculated in conformity with, GAAP, except as otherwise specifically prescribed hereinaccordance with such principles.
Appears in 4 contracts
Sources: Stock Purchase Agreement (STM Wireless Inc), Stock Purchase Agreement (STM Wireless Inc), Share Purchase Agreement (Banyan Strategic Realty Trust)
Accounting Terms. All accounting terms not specifically or completely defined herein shall be construed in conformity withaccordance with GAAP, and and, except as otherwise provided herein, all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement delivered hereunder shall be prepared in conformity with, accordance with GAAP, except as otherwise specifically prescribed herein.
Appears in 3 contracts
Sources: Credit Agreement (JBG SMITH Properties), Credit Agreement (JBG SMITH Properties), Credit Agreement (JBG SMITH Properties)
Accounting Terms. 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, GAAPGAAP applied on a consistent basis, except as otherwise specifically prescribed hereinin effect from time to time.
Appears in 3 contracts
Sources: Loan Agreement (Century Aluminum Co), Margin Loan Agreement (Sunedison, Inc.), Credit Agreement (Crosstex Energy Inc)
Accounting Terms. All accounting terms not specifically or completely defined herein shall be construed in conformity with, accordance with GAAP 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 otherwise specifically prescribed hereinaccordance with such principles.
Appears in 3 contracts
Sources: Share Exchange Agreement (GreenHouse Holdings, Inc.), Stock Purchase Agreement (National Automation Services Inc), Credit Agreement (Health Management Systems Inc)
Accounting Terms. All accounting terms not specifically or completely defined herein shall be construed in conformity withaccordance with GAAP consistent with that applied in preparation of the financial statements referred to in Section 8.1(I), 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 otherwise specifically prescribed hereinaccordance with such principles.
Appears in 3 contracts
Sources: Loan Agreement (Friedmans Inc), Loan Agreement (Friedmans Inc), Loan Agreement (Friedmans Inc)
Accounting Terms. 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, GAAPGAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the financial statements referred to in Section 5.08, except as otherwise specifically prescribed herein.
Appears in 3 contracts
Sources: Credit Agreement (Mattel Inc /De/), Credit Agreement (Mattel Inc /De/), Credit Agreement (Mattel Inc /De/)
Accounting Terms. 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, GAAPGAAP as in effect from time to time, and applied on a consistent basis in a manner consistent with that used in preparing the Borrower's audited financial statements, except as otherwise specifically prescribed herein.
Appears in 3 contracts
Sources: Credit Agreement (McEwen Mining Inc.), Credit Agreement (McEwen Mining Inc.), Credit Agreement (McEwen Mining Inc.)
Accounting Terms. All accounting terms not specifically or completely defined herein shall be construed in conformity withaccordance with GAAP as consistently applied, 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 otherwise specifically prescribed hereinaccordance with such principles.
Appears in 3 contracts
Sources: Series D Convertible Preferred Stock Purchase Agreement (Collegium Pharmaceutical, Inc), Series C Convertible Preferred Stock Purchase Agreement (Collegium Pharmaceutical, Inc), Series C Convertible Preferred Stock Purchase Agreement (Collegium Pharmaceutical Inc)
Accounting Terms. All accounting terms not specifically or completely defined ---------------- herein shall be construed in conformity with, with GAAP and all financial data (including financial ratios and other financial calculations) accounting determinations required to be submitted made pursuant to this Agreement shall hereto shall, unless expressly otherwise provided herein, be prepared made in conformity with, with GAAP, except as otherwise specifically prescribed herein.
Appears in 3 contracts
Sources: Revolving Credit Agreement (Hospitality Properties Trust), Revolving Credit Agreement (Hospitality Properties Trust), Credit Agreement (Inland Resources Inc)
Accounting Terms. 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, GAAPGAAP 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 required by Section 9.1(b), except as otherwise specifically prescribed herein.
Appears in 3 contracts
Sources: Credit Agreement (La-Z-Boy Inc), Credit Agreement (La-Z-Boy Inc), Credit Agreement (La-Z-Boy Inc)
Accounting Terms. All accounting terms not specifically or completely defined herein shall be construed in conformity withaccordance with GAAP consistent with that applied in preparation of the financial statements referred to in Section 9.1(J), and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this the Agreement shall be prepared in conformity with, GAAP, except as otherwise specifically prescribed hereinaccordance with such principles.
Appears in 2 contracts
Sources: Loan and Security Agreement (Simione Central Holdings Inc), Loan and Security Agreement (Franklin Ophthalmic Instruments Co Inc)
Accounting Terms. All Except as 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, except as otherwise specifically prescribed herein.
Appears in 2 contracts
Sources: Revolving Credit Agreement (NXP Semiconductors N.V.), Revolving Credit Agreement (NXP Semiconductors N.V.)
Accounting Terms. 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 in a manner consistent with that used in preparing the audited financial statements of the Borrower and its Subsidiaries referred to in Section 4(j), except as otherwise specifically prescribed herein.
Appears in 2 contracts
Sources: Loan Agreement (Duquesne Light Holdings Inc), Loan Agreement (Duquesne Light Holdings Inc)
Accounting Terms. All Except as otherwise expressly provided herein, all accounting terms not specifically or completely defined herein shall be construed in conformity accordance 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, except as otherwise specifically prescribed herein.
Appears in 2 contracts
Sources: Bridge Credit Agreement (Equinix Inc), Bridge Credit Agreement (Equinix Inc)
Accounting Terms. All accounting terms not specifically or completely defined herein shall be construed in conformity withaccordance with GAAP, and and, except as otherwise specified in this Agreement, all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement delivered hereunder shall be prepared in conformity with, accordance with GAAP, except as otherwise specifically prescribed herein.
Appears in 2 contracts
Sources: Credit Agreement (Boundless Corp), Credit Agreement (Boundless Corp)
Accounting Terms. All accounting terms not specifically or completely defined herein or in any of the Transaction Documents shall be construed in conformity withaccordance with GAAP, 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 otherwise specifically prescribed hereinaccordance with such principles.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Icahn Carl C Et Al), Securities Purchase Agreement (Delicious Brands Inc)
Accounting Terms. 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, as in effect from time to time, applied in a manner consistent with that used in preparing the financial statements, except as otherwise specifically prescribed herein.
Appears in 2 contracts
Accounting Terms. 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 as in effect from time to time, GAAPapplied on a consistent basis and in a manner consistent with that used in preparing the audited financial statements required by Section 6.5(a), except as otherwise specifically prescribed herein.
Appears in 2 contracts
Sources: Credit Agreement (Hhgregg, Inc.), Credit Agreement (Hhgregg, Inc.)
Accounting Terms. All accounting terms not specifically or completely defined herein shall be construed in conformity with, accordance with GAAP and all other financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared and calculated in conformity with, GAAP, except as otherwise specifically prescribed hereinaccordance with such principles.
Appears in 2 contracts
Sources: Agreement and Plan of Reorganization (Harrison Richard T), Agreement and Plan of Reorganization (Inland Entertainment Corp)
Accounting Terms. 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, as in effect from time to time, except as otherwise specifically prescribed herein.
Appears in 2 contracts
Sources: Margin Loan Agreement (Montierra Minerals & Production, L.P.), Margin Loan Agreement (Montierra Minerals & Production, L.P.)
Accounting Terms. All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other any financial calculations) required to be submitted pursuant to this Agreement Note shall be prepared in conformity with, GAAP, except as otherwise specifically prescribed herein.
Appears in 2 contracts
Sources: Secured Promissory Note (Genworth Financial Inc), Secured Promissory Note (Genworth Financial Inc)
Accounting Terms. All accounting terms used herein but not specifically or completely defined herein herein, shall be construed in conformity with, accordance with GAAP consistently applied 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 otherwise specifically prescribed hereinaccordance with such principles.
Appears in 2 contracts
Sources: Credit Agreement (Agnico Eagle Mines LTD), Third Amended and Restated Credit Agreement (Agnico Eagle Mines LTD)
Accounting Terms. 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) calculations required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAPGAAP 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
Sources: Revolving Credit Agreement (Anixter International Inc), Revolving Credit Agreement (Anixter International Inc)
Accounting Terms. 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, GAAPIFRS, except as otherwise specifically prescribed hereinin effect from time to time.
Appears in 2 contracts
Sources: Credit Agreement (Oatly Group AB), Credit Agreement (Farfetch 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 in a manner consistent with that used in preparing the audited financial statements of SunGard Parent and its consolidated Subsidiaries, except as otherwise specifically prescribed herein.
Appears in 2 contracts
Sources: Insured Receivables Credit Agreement (Sungard Data Systems Inc), Bridge Receivables Credit Agreement (Sungard Data Systems Inc)
Accounting Terms. 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, except as otherwise specifically prescribed herein.
Appears in 2 contracts
Sources: Master Loan Agreement (Lightning Gaming, Inc.), Loan Agreement (Lightning Gaming, Inc.)
Accounting Terms. All accounting terms not specifically or completely defined ---------------- herein shall be construed in conformity withconstrued, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared prepared, in conformity with, accordance with GAAP, except as otherwise specifically prescribed herein.
Appears in 2 contracts
Sources: Loan and Security Agreement (Ibah Inc), Loan and Security Agreement (Ibah Inc)
Accounting Terms. All accounting terms not specifically or completely defined herein shall be construed in conformity withaccordance with GAAP and, and except where otherwise specified, all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to in connection with this Agreement shall be prepared in conformity with, accordance with GAAP, except as otherwise specifically prescribed herein.
Appears in 2 contracts
Sources: Loan and Security Agreement (Film Department Holdings, Inc.), Purchase Agreement (Team Communications Group Inc)
Accounting Terms. 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 as in effect from time to time, GAAPapplied on a consistent basis and in a manner consistent with that used in preparing the audited financial statements required by Section 8.1(b), except as otherwise specifically prescribed herein.
Appears in 2 contracts
Sources: Credit Agreement (Tekelec), Credit Agreement (Tekelec)
Accounting Terms. 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 otherwise specifically prescribed herein.
Appears in 2 contracts
Sources: Advance Facility Agreement (First Citizens Bancshares Inc /De/), Advance Facility Agreement
Accounting Terms. All accounting terms not specifically or completely defined herein shall be construed in conformity withconstrued, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared prepared, in conformity withwith GAAP applied on a consistent basis, GAAPas in effect from time to time, except as otherwise specifically prescribed herein.
Appears in 2 contracts
Sources: Credit Agreement, Credit Agreement (GWG Holdings, Inc.)
Accounting Terms. 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 in a manner consistent with that used in preparing prior to the Closing Date, the Audited Financial Statements, and after the Closing Date, the most recently delivered financial statements that have been delivered pursuant to Section 6.01(a), except as otherwise specifically prescribed herein.
Appears in 2 contracts
Sources: Credit Agreement (Medline Inc.), Credit Agreement (Medline Inc.)
Accounting Terms. 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 otherwise specifically prescribed hereinin effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements.
Appears in 1 contract
Sources: Senior Secured Credit Agreement (Republic Airways 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, with GAAP (except as otherwise specifically prescribed herein.expressly noted therein), as in effect from time to time (subject to Section
Appears in 1 contract
Sources: Term Loan Agreement (Stryker Corp)
Accounting Terms. All accounting terms not specifically or completely defined herein shall be construed in conformity withaccordance with GAAP consistent with those applied in the preparation of the financial statements referred to herein, 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 otherwise specifically prescribed hereinaccordance with such principles.
Appears in 1 contract
Accounting Terms. 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, except as otherwise specifically prescribed hereinapplied in a consistent manner.
Appears in 1 contract
Accounting Terms. 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 in a manner consistent with that used in preparing the Annual Financial Statements of the Company, except as otherwise specifically prescribed herein.
Appears in 1 contract
Sources: Credit Agreement (Avaya Inc)
Accounting Terms. 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 as in effect from time to time, GAAPapplied on a consistent basis, except as otherwise specifically prescribed herein.
Appears in 1 contract
Accounting Terms. 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 otherwise specifically prescribed hereinin effect from time to time.
Appears in 1 contract
Accounting Terms. 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 as in effect from time to time, GAAPapplied in a manner consistent with that used in preparing the audited financial statements required by Section 7.1(b), except as otherwise specifically prescribed herein.
Appears in 1 contract
Accounting Terms. 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, GAAPGAAP applied on a consistent basis, except as otherwise specifically prescribed hereinin effect from time to time, applied in a manner consistent with that used in preparing the Borrower’s financial statements.
Appears in 1 contract
Sources: Debtor in Possession Credit Agreement (General Moly, Inc)
Accounting Terms. 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 otherwise specifically prescribed herein.. - 68-
Appears in 1 contract
Sources: Abl Credit Agreement (Prestige Consumer Healthcare Inc.)
Accounting Terms. 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 as in effect from time to time, GAAPapplied in a manner consistent with that used in preparing the audited financial statements required by Section 8.1(b), except as otherwise specifically prescribed herein.
Appears in 1 contract
Sources: Credit Agreement (PAS, Inc.)
Accounting Terms. 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 Loan Agreement shall be prepared in conformity withwith GAAP applied on a consistent basis, GAAPas in effect from time to time, applied in a manner consistent with that used in preparing Borrower’s audited financial statements, except as otherwise specifically prescribed herein.
Appears in 1 contract
Sources: Master Loan Agreement (Pope Resources LTD Partnership)
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 in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 1 contract
Sources: Credit Agreement (Bumble Inc.)
Accounting Terms. 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 not specifically or completely defined herein shall be prepared in conformity with, GAAPGAAP applied on a consistent basis, as in effect from time to time, except as otherwise specifically prescribed herein.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein, calculations for any financial covenants or completely defined herein shall be construed in conformity withratios, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared construed in conformity with, accordance with GAAP, except as otherwise specifically prescribed herein.
Appears in 1 contract
Sources: Loan Agreement
Accounting Terms. 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, as in effect from time to time, applied in a manner consistent with that used in preparing the Borrower Financial Statements, except as otherwise specifically prescribed herein.
Appears in 1 contract
Accounting Terms. 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 in a manner consistent with that used in preparing the financial statements referred to in Section 6.01, except as otherwise specifically prescribed herein.
Appears in 1 contract
Accounting Terms. 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, GAAPGAAP 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 required by Section 7.1, except as otherwise specifically prescribed herein.
Appears in 1 contract
Sources: Credit Agreement (Rare Hospitality International Inc)
Accounting Terms. All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including excluding financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP, except as otherwise specifically prescribed herein.be
Appears in 1 contract
Accounting Terms. All accounting terms not specifically or completely defined herein shall be construed in conformity withaccordance with GAAP consistent with those applied in the preparation of the Financial Statements, 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 otherwise specifically prescribed hereinaccordance with such principles.
Appears in 1 contract
Sources: Loan Agreement (LGL Group Inc)
Accounting Terms. 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 applied on a consistent basis, GAAPas in effect from time to time, applied in a manner consistent with that used in preparing the Initial Financial Statements, except as otherwise specifically prescribed herein.
Appears in 1 contract
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, GAAPGAAP 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 1 contract
Sources: Credit Agreement (Neustar Inc)
Accounting Terms. All accounting terms not specifically or completely defined herein shall be construed in conformity withaccordance with GAAP, and except as provided herein, all financial data (including and calculations as to compliance with financial ratios and other financial calculations) required to be covenants submitted pursuant to this Agreement shall be prepared in conformity with, GAAP, except as otherwise specifically prescribed hereinaccordance with such principles.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically or completely defined herein shall be construed in conformity withaccordance with GAAP consistent with those applied in the preparation of the financial statements referred to below, 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 otherwise specifically prescribed hereinaccordance with such principles.
Appears in 1 contract
Sources: Loan and Security Agreement (Bion Environmental 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, GAAP, except as otherwise specifically prescribed herein.
Appears in 1 contract
Accounting Terms. 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 Guaranty shall be prepared in conformity with, GAAPGAAP 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 1 contract
Accounting Terms. 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 otherwise specifically prescribed hereinin effect from time to time.
Appears in 1 contract
Accounting Terms. 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, GAAPGAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Initial Financial Statements and the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically or completely defined herein shall be construed in conformity withaccordance with U.S. GAAP, and all other financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared and calculated in conformity with, GAAP, except as otherwise specifically prescribed hereinaccordance with such principles.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically or completely ----------------- defined herein shall be construed in conformity with, with GAAP and all financial data (including financial ratios and other financial calculations) accounting determinations required to be submitted made pursuant to this Agreement shall hereto shall, unless expressly otherwise provided herein, be prepared made in conformity with, with GAAP, except as otherwise specifically prescribed herein.
Appears in 1 contract
Accounting Terms. 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, GAAPapplied 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 required by Section 7.1(b), except as otherwise specifically prescribed herein.
Appears in 1 contract