Accounting Terms. Any accounting terms used in this Agreement which are not specifically defined shall have the meanings customarily given them in accordance with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently applied.
Appears in 97 contracts
Sources: Loan and Security Agreement (Digirad Corp), Loan and Security Agreement (Digirad Corp), Loan Agreement (TSR Inc)
Accounting Terms. Any All accounting terms used herein which are not expressly defined in this Agreement which are not specifically defined shall have the meanings customarily respectively given to them in accordance with GAAP and all financial computations shall be computed, unless GAAP. Except as otherwise specifically provided herein, (i) all computations made pursuant to this Agreement shall be made in accordance with GAAP consistently appliedGAAP, and (ii) all financial statements shall be prepared in accordance with GAAP.
Appears in 93 contracts
Sources: Note Purchase Agreement (Clear Street Group Inc.), Note Purchase Agreement (Medallion Financial Corp), Note Purchase Agreement (Medallion Financial Corp)
Accounting Terms. Any accounting terms term used in this the Agreement which are not shall have, unless otherwise specifically defined shall have provided herein, the meanings meaning customarily given them in accordance with GAAP GAAP, and all financial computations in the Agreement shall be computed, unless otherwise specifically provided hereintherein, in accordance with GAAP as consistently appliedapplied and using the same method for inventory valuation as used in the preparation of the Financial Statements.
Appears in 60 contracts
Sources: Credit Agreement (Ann Inc.), Credit Agreement (PSS World Medical Inc), Credit Agreement (Unifi Inc)
Accounting Terms. Any accounting terms term used in this Agreement which are not shall have, unless otherwise specifically defined shall have provided herein, the meanings meaning customarily given them in accordance with GAAP GAAP, and all financial computations hereunder shall be computed, unless otherwise specifically provided herein, in accordance with GAAP as consistently appliedapplied and using the same method for inventory valuation as used in the preparation of the Financial Statements.
Appears in 52 contracts
Sources: Loan Agreement (Ainsworth Lumber Co LTD), Loan and Security Agreement, Loan and Security Agreement (Outlook Group Corp)
Accounting Terms. Any accounting terms used in this Agreement which are not specifically defined shall have the meanings customarily given them in accordance with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently appliedGAAP.
Appears in 42 contracts
Sources: Master Loan Agreement, Secured Term Loan Agreement (Lm Funding America, Inc.), Master Loan Agreement (Carvana Co.)
Accounting Terms. Any All accounting terms used herein which are not expressly defined in this Agreement which are not specifically defined shall have the respective meanings customarily given to them in accordance with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently appliedGAAP.
Appears in 35 contracts
Sources: Merger Agreement (Td Banknorth Inc.), Merger Agreement (Toronto Dominion Bank), Stock Purchase Agreement (Pax Clean Energy, Inc.)
Accounting Terms. Any For purposes of this Agreement, all accounting terms used in this Agreement which are not specifically otherwise defined herein shall have the meanings customarily given assigned to them in accordance conformity with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently appliedGAAP.
Appears in 29 contracts
Sources: Convertible Note Facility Agreement (Eco-Stim Energy Solutions, Inc.), Convertible Note Facility Agreement (Eco-Stim Energy Solutions, Inc.), Note Purchase Agreement (Clean Energy Fuels Corp.)
Accounting Terms. Any For the purposes of this Agreement, all accounting terms used in this Agreement which are not specifically otherwise defined herein shall have the meanings customarily given assigned to them in accordance conformity with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently appliedGAAP.
Appears in 28 contracts
Sources: Loan Agreement (Elgar Holdings Inc), Senior Bridge Loan Credit Agreement (Equinix Inc), Credit Agreement (TAL International Group, Inc.)
Accounting Terms. Any accounting terms used in this Agreement which that are not specifically defined shall have the meanings customarily given them in accordance with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently applied.
Appears in 20 contracts
Sources: Master Financing Agreement, Security Agreement (ProLink Holdings Corp.), Security and Purchase Agreement (Time America Inc)
Accounting Terms. Any All accounting terms used herein which are not expressly defined in this Agreement which are not specifically defined shall have the meanings customarily respectively given to them in accordance with GAAP and all financial computations shall be computed, unless GAAP. Except as otherwise specifically provided herein, (a) all computations made pursuant to this Agreement shall be made in accordance with GAAP consistently appliedGAAP, and (b) all financial statements shall be prepared in accordance with GAAP.
Appears in 14 contracts
Sources: Note Purchase Agreement (Invitation Homes Inc.), Note Purchase Agreement (Cowen Inc.), Note Purchase Agreement (Global Cash Access Holdings, Inc.)
Accounting Terms. Any accounting terms used in this Agreement which are not specifically defined in this Agreement shall have the meanings customarily given them in accordance with GAAP and all financial computations shall be computedGAAP, unless specifically provided herein, in accordance with GAAP as consistently appliedapplied as of the date of this Agreement.
Appears in 12 contracts
Sources: Loan and Security Agreement, Loan and Security Agreement (Inventure Foods, Inc.), Loan Agreement (Andersons Inc)
Accounting Terms. Any All accounting terms used herein which are not expressly defined or modified in this Agreement which are not specifically defined shall have the respective meanings customarily given to them in accordance with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently appliedGAAP.
Appears in 11 contracts
Sources: Stock Purchase Agreement (United Auto Group Inc), Stock Purchase Agreement (United Auto Group Inc), Merger Agreement (United Auto Group Inc)
Accounting Terms. Any All accounting terms used used, but not specifically defined, in this Agreement which are not specifically shall be construed and defined shall have the meanings customarily given them in accordance with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently appliedGAAP.
Appears in 10 contracts
Sources: Loan and Security Agreement (Aerocentury Corp), Loan and Security Agreement (Aerocentury Corp), Loan and Security Agreement (Hercules Technology Growth Capital Inc)
Accounting Terms. Any accounting terms term used in this Agreement which are not shall have, unless otherwise specifically defined shall have provided herein, the meanings meaning customarily given them in accordance with GAAP GAAP, and all financial computations in this Agreement shall be computed, unless otherwise specifically provided hereintherein, in accordance with GAAP as consistently appliedapplied and using the same method for inventory valuation as used in the preparation of the Financial Statements.
Appears in 10 contracts
Sources: Credit Agreement (Mercer International Inc.), Credit Agreement (United Rentals Inc /De), Credit Agreement (Gibson Energy ULC)
Accounting Terms. Any accounting terms used in this Agreement which are not specifically defined herein shall have the meanings customarily given them in accordance with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently appliedGAAP.
Appears in 10 contracts
Sources: Credit Agreement (Internet Media Services, Inc.), Loan Agreement (Lime Energy Co.), Credit Agreement (Document Security Systems Inc)
Accounting Terms. Any All accounting terms used herein which are not expressly defined in this Agreement which are not specifically defined shall have the meanings customarily respectively given to them in accordance with GAAP. Except as otherwise specifically provided herein, (a) all computations made pursuant to this Agreement shall be made in accordance with GAAP and (b) all financial computations statements shall be computed, unless specifically provided herein, prepared in accordance with GAAP consistently appliedGAAP.
Appears in 9 contracts
Sources: Note Purchase and Guarantee Agreement (Allete Inc), Note Purchase Agreement (Rohm & Haas Co), Note Purchase Agreement (Belk Inc)
Accounting Terms. Any All accounting terms used herein which are not expressly defined in this Agreement which are not specifically defined shall have the meanings customarily respectively given to them in accordance with GAAP and GAAP, all financial computations made pursuant to this Agreement shall be computed, unless specifically provided herein, made in accordance with GAAP consistently appliedGAAP, and all balance sheets and other financial statements shall be prepared in accordance with GAAP, except in the case of unaudited financial statements which are subject to year-end audit adjustments and the absence of footnotes.
Appears in 9 contracts
Sources: Common Stock Purchase Agreement (Fao Inc), Securities Purchase Agreement (Fao Inc), Securities Purchase Agreement (Tag It Pacific Inc)
Accounting Terms. Any All accounting terms used herein which are not expressly defined in this Agreement which are not specifically defined shall have the meanings customarily given to them in accordance with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently appliedGAAP.
Appears in 8 contracts
Sources: Merger Agreement (Fairpoint Communications Inc), Merger Agreement (Fairpoint Communications Inc), Merger Agreement (Rural Cellular Corp)
Accounting Terms. Any All accounting terms used herein that are not expressly defined in this Agreement which are not specifically defined shall have the meanings customarily respectively given to them in accordance with GAAP. Except as otherwise specifically provided herein, (i) all computations made pursuant to this Agreement shall be made in accordance with GAAP and (ii) all financial computations statements shall be computed, unless specifically provided herein, prepared in accordance with GAAP consistently appliedGAAP.
Appears in 7 contracts
Sources: Master Note Purchase Agreement (United Stationers Inc), Master Note Purchase Agreement (United Stationers Inc), Note Purchase Agreement (Energy West Inc)
Accounting Terms. Any accounting terms term used in this Agreement which are not shall have, unless otherwise specifically defined shall have provided herein, the meanings meaning customarily given them to such term in accordance with GAAP GAAP, and all financial computations in this Agreement shall be computed, unless otherwise specifically provided herein, in accordance with GAAP as consistently appliedapplied and using the same method for inventory valuation as used in the preparation of the Financial Statements.
Appears in 7 contracts
Sources: Credit Agreement (Encore Medical Corp), Credit Agreement (Imperial Sugar Co /New/), Credit Agreement (Brown Shoe Co Inc/)
Accounting Terms. Any All accounting terms used herein which are ---------------- not expressly defined in this Agreement which are not specifically defined shall have the meanings customarily given to them in accordance with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently appliedGAAP.
Appears in 7 contracts
Sources: Merger Agreement (MJD Communications Inc), Merger Agreement (MJD Communications Inc), Merger Agreement (MJD Communications Inc)
Accounting Terms. Any accounting terms term used in this Agreement which are not shall have, unless otherwise specifically defined shall have provided herein, the meanings meaning customarily given them in accordance with GAAP GAAP, and all financial computations hereunder shall be computed, unless otherwise specifically provided herein, in accordance with GAAP consistently appliedGAAP.
Appears in 7 contracts
Sources: Security Agreement (Medallion Financial Corp), Loan Agreement (Medallion Financial Corp), Security Agreement (Medallion Financial Corp)
Accounting Terms. Any All accounting terms used herein which are not expressly defined in this Agreement which are not specifically defined shall have the meanings customarily given to them in accordance with GAAP GAAP, all computations made pursuant to this Agreement shall be made in accordance with GAAP, and all financial computations statements shall be computed, unless specifically provided herein, prepared in accordance with GAAP consistently appliedGAAP.
Appears in 7 contracts
Sources: Short Term Revolving Credit Agreement (Ag-Chem Equipment Co Inc), Short Term Revolving Credit Agreement (Ag-Chem Equipment Co Inc), Revolving Credit and Loan Agreement (Secom General Corp)
Accounting Terms. Any accounting terms used in this Agreement which are not specifically defined in this Agreement shall have the meanings customarily given them in accordance with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently appliedGAAP.
Appears in 7 contracts
Sources: Revolving Credit Agreement (Show Me Ethanol, LLC), Credit Agreement (Nb Finance Corp), Credit Agreement (National Beef Packing Co LLC)
Accounting Terms. Any All accounting terms used herein which are not expressly defined in this Agreement which are not specifically defined shall have the meanings customarily respectively given to them in accordance with GAAP and all financial computations shall be computed, unless GAAP. Except as otherwise specifically provided herein, all computations made pursuant to this Agreement shall be made in accordance with GAAP consistently appliedGAAP.
Appears in 7 contracts
Sources: Mezzanine Note Agreement (Aimco OP L.P.), Mezzanine Note Agreement (Aimco Properties L.P.), Mezzanine Note Agreement (Aimco OP L.P.)
Accounting Terms. Any accounting terms used in this Agreement which are not specifically defined herein shall have the meanings customarily given them to such terms in accordance with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently appliedGAAP.
Appears in 6 contracts
Sources: Loan and Security Agreement (Phoenix Footwear Group Inc), Term Loan and Security Agreement (Tandem Health Care, Inc.), Term Loan and Security Agreement (Tandem Health Care, Inc.)
Accounting Terms. Any accounting terms term used in this Agreement which are not shall have, unless otherwise specifically defined shall have provided herein, the meanings meaning customarily given them in accordance with GAAP GAAP, and all financial computations hereunder shall be computed, unless otherwise specifically provided herein, in accordance with GAAP as consistently applied.
Appears in 6 contracts
Sources: Management Agreement (Cleveland Indians Baseball Co Inc), Loan and Security Agreement (TFC Enterprises Inc), Bridge Loan and Security Agreement (Incomnet Inc)
Accounting Terms. Any All accounting terms used herein which are not expressly defined in this Agreement which are not specifically defined shall have the meanings customarily respectively given to them in accordance with GAAP. Except as otherwise specifically provided herein, (i) all computations made pursuant to this Agreement shall be made in accordance with GAAP and (ii) all financial computations statements shall be computed, unless specifically provided herein, prepared in accordance with GAAP consistently appliedGAAP.
Appears in 6 contracts
Sources: Credit Agreement (loanDepot, Inc.), Note Purchase Agreement (Ch Energy Group Inc), Note Purchase Agreement (Alliance Resource Partners Lp)
Accounting Terms. Any accounting terms used in this Agreement which are not otherwise specifically defined shall have the meanings customarily given them in accordance with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently appliedGAAP.
Appears in 6 contracts
Sources: Loan and Security Agreement (John D. Oil & Gas Co), Credit Facility and Security Agreement (Continental Conveyor & Equipment Co), Credit Facility and Security Agreement (International Total Services Inc)
Accounting Terms. Any All accounting terms used herein that are not expressly defined in this Agreement which are not specifically defined shall have the meanings customarily given to them in accordance with GAAP GAAP, all computations made pursuant to this Agreement shall be made in accordance with GAAP, except as otherwise expressly permitted or directed by this Agreement, and all financial computations statements shall be computed, unless specifically provided herein, prepared in accordance with GAAP consistently appliedGAAP.
Appears in 5 contracts
Sources: Credit Agreement, Credit Agreement (QC Holdings, Inc.), Credit Agreement (QC Holdings, Inc.)
Accounting Terms. Any Unless otherwise stated, all accounting terms used in this Agreement which are not specifically defined shall have the meanings customarily given them in accordance with attributable thereto under GAAP and all financial computations determinations of an accounting nature required to be made shall be computed, unless specifically provided herein, made in accordance a manner consistent with GAAP consistently appliedGAAP.
Appears in 5 contracts
Sources: Arrangement Agreement (Aditxt, Inc.), Arrangement Agreement, Arrangement Agreement (High Tide Inc.)
Accounting Terms. Any All accounting terms used herein that are not expressly defined in this Agreement which are not specifically defined shall have the meanings customarily respectively given to them in accordance with GAAP and all financial computations shall be computed, unless GAAP. Except as otherwise specifically provided herein, (i) all computations made pursuant to this Agreement shall be made in accordance with GAAP consistently appliedAgreement Accounting Principles and (ii) all financial statements shall be prepared in accordance with GAAP.
Appears in 4 contracts
Sources: Note Purchase Agreement (Patterson Companies, Inc.), Note Purchase Agreement (Helmerich & Payne Inc), Master Note Purchase Agreement (Perrigo Co)
Accounting Terms. Any accounting terms term used in this Agreement which are not without definition shall have, unless otherwise specifically defined shall have provided herein, the meanings meaning customarily given them in accordance with GAAP GAAP, and all financial computations hereunder shall be computed, unless otherwise specifically provided herein, in accordance with GAAP consistently appliedGAAP.
Appears in 4 contracts
Sources: Senior Secured Debtor in Possession Credit, Security and Guaranty Agreement (General Growth Properties Inc), Dip Credit Agreement, Senior Secured Debtor in Possession Credit, Security and Guaranty Agreement (General Growth Properties Inc)
Accounting Terms. Any All accounting terms used herein which are not expressly defined in this Agreement which are not specifically defined shall have the meanings customarily respectively given to them in accordance with GAAP and all financial computations shall be computed, unless GAAP. Except as otherwise specifically provided herein, all computations made pursuant to this Agreement shall be made in accordance with GAAP consistently appliedGAAP, and all financial statements shall be prepared in accordance with GAAP.
Appears in 4 contracts
Sources: Note Purchase Agreement, Note Purchase Agreement, Note and Guarantee Agreement (United America Indemnity, LTD)
Accounting Terms. Any accounting terms term used in this the Agreement which are not shall have, unless otherwise specifically defined shall have provided herein, the meanings meaning customarily given them in accordance with GAAP GAAP, and all financial computations in the Agreement shall be computed, unless otherwise specifically provided hereintherein, in accordance with GAAP consistently applied.
Appears in 4 contracts
Sources: Credit Agreement (Divine Inc), Credit Agreement (Divine Inc), Credit Agreement (Open Market Inc)
Accounting Terms. Any accounting terms term used in this Agreement which are not shall have, unless otherwise specifically defined shall have provided herein, the meanings meaning customarily given them in accordance with GAAP GAAP, and all financial computations hereunder shall be computed, unless otherwise specifically provided herein, in accordance with GAAP as consistently appliedapplied and using the same method for inventory valuation as is used in the preparation of the Financial Statements.
Appears in 4 contracts
Sources: Loan and Security Agreement (Cosmetic Center Inc), Loan and Security Agreement (Trend Lines Inc), Loan and Security Agreement (Woodworkers Warehouse Inc)
Accounting Terms. Any All accounting terms used not otherwise defined in this Agreement which are not specifically defined shall have the meanings customarily given them ascribed to such terms in accordance with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently appliedGAAP.
Appears in 4 contracts
Sources: Loan Modification and Restructure Agreement, Loan Modification and Restructure Agreement (Clearpoint Business Resources, Inc), Forbearance Agreement (Imagemax Inc)
Accounting Terms. Any accounting terms used in this Agreement which that are not specifically defined shall have the meanings customarily given them in accordance with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently appliedGAAP.
Appears in 4 contracts
Sources: Loan Agreement (Varitek Industries Inc), Asset Purchase Agreement (Alloy Online Inc), Asset Transfer and Merger Agreement (Sight Resource Corp)
Accounting Terms. Any accounting terms used in this Agreement which are not shall, unless otherwise specifically defined shall provided, have the meanings customarily given them in accordance with GAAP GAAP, and all financial computations shall be computedhereunder or thereunder shall, unless otherwise specifically provided hereinprovided, be computed in accordance with GAAP consistently applied.
Appears in 3 contracts
Sources: Purchase and Sale Agreement (British Energy PLC), Purchase and Sale Agreement (British Energy PLC), Purchase and Sale Agreement (Commonwealth Edison Co)
Accounting Terms. Any accounting terms used in this Agreement ---------------- which are not specifically defined shall have the meanings customarily given them in accordance with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently appliedGAAP.
Appears in 3 contracts
Sources: Loan and Security Agreement (Us Wats Inc), Loan and Security Agreement (Emons Transportation Group Inc), Loan and Security Agreement (Emons Transportation Group Inc)
Accounting Terms. Any For the purposes of this Agreement, all accounting terms used not otherwise defined in this Agreement which are not specifically defined shall have the meanings customarily given them assigned to such terms in accordance with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently appliedGAAP.
Appears in 3 contracts
Sources: Stock Purchase Agreement (Plains Resources Inc), Stock Purchase Agreement (Plains Resources Inc), Stock Purchase Agreement (Plains Resources Inc)
Accounting Terms. Any accounting terms term used in this Agreement which are not shall have, unless otherwise specifically defined shall have provided herein, the meanings meaning customarily given them such term in accordance with GAAP GAAP, and all financial computations hereunder shall be computed, unless otherwise specifically provided herein, in accordance with GAAP consistently applied. That certain terms or computations are explicitly modified by the phrase “in accordance with GAAP” shall in no way be construed to limit the foregoing.
Appears in 3 contracts
Sources: Credit Agreement (Ml Macadamia Orchards L P), Credit Agreement (Ml Macadamia Orchards L P), Credit Agreement (Ml Macadamia Orchards L P)
Accounting Terms. Any accounting terms used in this Agreement which that are not specifically defined herein shall have the meanings customarily given to them in accordance with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently appliedGAAP.
Appears in 3 contracts
Sources: Limited Liability Company Agreement (Williams Communications Group Inc), Limited Liability Company Agreement (Williams Communications Group Inc), Limited Liability Company Agreement (Williams Communications Group Inc)
Accounting Terms. Any All accounting terms used not otherwise defined in this Agreement which are not specifically defined shall have the meanings customarily given assigned to them in accordance with Relevant GAAP and all financial computations shall be computed, unless specifically provided herein, (whether or not such is indicated in accordance with GAAP consistently appliedthis Agreement).
Appears in 3 contracts
Sources: Facilities Agreement, Loan Agreement (Golar LNG Partners LP), Facility Agreement (Golar LNG LTD)
Accounting Terms. Any All accounting terms used herein which are not expressly defined in this Agreement which are not specifically defined shall have the meanings customarily respectively given to them in accordance with GAAP and GAAP, all financial computations made pursuant to this Agreement shall be computed, unless specifically provided herein, made in accordance with GAAP consistently appliedGAAP, and all balance sheets and other financial statements shall be prepared in accordance with GAAP.
Appears in 3 contracts
Sources: Debenture Purchase Agreement (Public Service Co of North Carolina Inc), Debenture Purchase Agreement (Public Service Co of North Carolina Inc), Subscription Agreement (Proxymed Inc /Ft Lauderdale/)
Accounting Terms. Any accounting terms used in this Agreement which are not shall, unless otherwise specifically defined shall provided, have the meanings customarily given them in accordance with GAAP GAAP, and all financial computations shall be computedhereunder shall, unless otherwise specifically provided hereinprovided, be computed in accordance with GAAP consistently applied.
Appears in 3 contracts
Sources: Merger Agreement (Kellwood Co), Purchase and Sale of Stock Agreement (Delta Galil Industries LTD), Purchase and Sale Agreement (Kellwood Co)
Accounting Terms. Any All accounting terms used herein which are not expressly defined in this Agreement which are not specifically defined shall have the meanings customarily respectively given to them in accordance with GAAP. Except as otherwise specifically provided herein, (a) all computations made pursuant to this Agreement shall be made in accordance with GAAP and (b) all financial computations statements shall be computed, unless specifically provided herein, prepared in accordance with GAAP consistently applied.GAAP. Back to Contents
Appears in 2 contracts
Sources: Note Purchase Agreement (Brandywine Operating Partnership Lp /Pa), Note Purchase Agreement (Brandywine Realty Trust)
Accounting Terms. Any accounting terms used in this Agreement ---------------- which are not specifically defined herein shall have the meanings customarily given them in accordance with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently appliedGAAP.
Appears in 2 contracts
Sources: Loan and Security Agreement (American Builders & Contractors Supply Co Inc), Loan and Security Agreement (Visual Numerics Inc)
Accounting Terms. Any All accounting terms used herein which are not expressly defined in this Agreement which are not specifically defined shall have the meanings customarily respectively given to them in accordance with GAAP. Except as otherwise specifically provided herein, (i) all computations made pursuant to this Agreement shall be made in accordance with GAAP and, if applicable, RAP, and (ii) all financial statements shall be prepared in accordance with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently appliedRAP.
Appears in 2 contracts
Sources: Note Purchase Agreement (Tc Pipelines Lp), Note Purchase Agreement (Tc Pipelines Lp)
Accounting Terms. Any accounting terms used in this Agreement which are not specifically defined shall in this Agreement have the meanings customarily given them in accordance with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently appliedGAAP.
Appears in 2 contracts
Sources: Loan and Security Agreement (Louisville Gas & Electric Co /Ky/), Loan and Security Agreement (Louisville Gas & Electric Co /Ky/)
Accounting Terms. Any All accounting terms used in this Agreement herein, which are not specifically expressly defined shall in this Agreement, have the meanings customarily respectively given to them in accordance with GAAP and all financial computations shall be computed, unless GAAP. Except as otherwise specifically provided herein, (a) all computations made pursuant to this Agreement shall be made in accordance with GAAP consistently appliedGAAP, and (b) all financial statements shall be prepared in accordance with GAAP.
Appears in 2 contracts
Sources: Bond Purchase Agreement (Black Hills Power Inc), Bond Purchase Agreement (Black Hills Power Inc)
Accounting Terms. Any Except as otherwise specifically provided, all accounting terms used in this Agreement which are not specifically defined herein shall have the meanings customarily given them in accordance with GAAP GAAP, and all financial computations shall computations, statements and balance sheets required or permitted under this Agreement will be computed, unless specifically provided herein, performed or prepared in accordance with GAAP such principles consistently applied.
Appears in 2 contracts
Sources: Loan Agreement (RGC Resources Inc), Loan Agreement (RGC Resources Inc)
Accounting Terms. Any accounting terms term used in this Agreement which are not shall ---------------- have, unless otherwise specifically defined shall have provided herein, the meanings meaning customarily given them in accordance with GAAP GAAP, and all financial computations hereunder shall be computed, unless otherwise specifically provided herein, in accordance with GAAP as consistently applied.
Appears in 2 contracts
Sources: Loan and Security Agreement (Pac-West Telecomm Inc), Loan and Security Agreement (Pac-West Telecomm Inc)
Accounting Terms. Any accounting terms used in this Agreement which are not specifically defined herein shall have the meanings customarily given them in accordance with GAAP GAAP. Calculations and all determinations of financial computations shall be computedand accounting terms used and not otherwise specifically defined hereunder and the preparation of financial statements previously furnished to ▇▇▇ pursuant to this Agreement were made and prepared, unless specifically provided hereinboth as to classification of items and as to amounts, in accordance with GAAP consistently appliedsound accounting practices and GAAP.
Appears in 2 contracts
Sources: Unit Purchase Agreement (REX AMERICAN RESOURCES Corp), Unit Purchase and Option Agreement (REX AMERICAN RESOURCES Corp)
Accounting Terms. Any accounting terms term used in this Agreement which are not shall have, unless otherwise specifically defined shall have provided herein, the meanings meaning customarily given them in accordance with GAAP GAAP, and all financial computations hereunder shall be computed, unless otherwise specifically provided herein, in accordance with GAAP GAAP, as consistently applied.
Appears in 2 contracts
Sources: Construction Agreement, Lease Agreement (Cleveland Indians Baseball Co Inc)
Accounting Terms. Any accounting terms term used in this Agreement which are not shall ---------------- have, unless otherwise specifically defined shall have provided herein, the meanings meaning customarily given them in accordance with GAAP GAAP, and all financial computations hereunder shall be computed, unless otherwise specifically provided herein, in accordance with GAAP as consistently appliedapplied and using the same method for inventory valuation as used in the preparation of the Financial Statements.
Appears in 2 contracts
Sources: Loan Agreement (Grand Toys International Inc), Loan Agreement (Intertan Inc)
Accounting Terms. Any All accounting terms used herein that are not expressly defined in this Agreement which are not specifically defined shall have the meanings customarily given to them in accordance with GAAP. Except as otherwise specifically provided herein, all computations made pursuant to this Agreement shall be made in accordance with GAAP and all financial computations statements shall be computed, unless specifically provided herein, prepared in accordance with GAAP consistently appliedGAAP.
Appears in 2 contracts
Sources: Master Note Purchase Agreement (Ims Health Inc), Master Note Purchase Agreement (Ims Health Inc)
Accounting Terms. Any All accounting terms used herein ---------------- which are not expressly defined in this Agreement which are not specifically defined shall have the meanings customarily respectively given to them in accordance with GAAP and GAAP, all financial computations made pursuant to this Agreement shall be computed, unless specifically provided herein, made in accordance with GAAP consistently appliedGAAP, and all balance sheets and other financial statements shall be prepared in accordance with GAAP, except in the case of unaudited financial statements which are subject to year-end audit adjustments and the absence of footnotes.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Right Start Inc /Ca), Securities Purchase Agreement (Right Start Inc /Ca)
Accounting Terms. Any accounting terms used in this Agreement which are not specifically defined herein shall have the meanings customarily given them in accordance with GAAP and all financial computations in this Agreement shall be computed, unless specifically provided herein, in accordance with GAAP consistently applied.
Appears in 2 contracts
Sources: Term Loan and Security Agreement (Biovest International Inc), Term Loan and Security Agreement (Accentia Biopharmaceuticals Inc)
Accounting Terms. Any accounting terms used in this ---------------- Agreement which are and not specifically defined shall have the meanings customarily given them in accordance with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently appliedGAAP.
Appears in 1 contract
Accounting Terms. Any All accounting terms used in this Agreement which are and not specifically otherwise defined herein shall have the respective meanings customarily given them to such terms under GAAP, and shall be construed in accordance with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently appliedGAAP.
Appears in 1 contract
Accounting Terms. Any accounting terms used in this Agreement which are not specifically defined shall have the meanings customarily given to them in accordance with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently applied.
Appears in 1 contract
Accounting Terms. Any accounting terms term used in this the Agreement which are not shall have, unless otherwise specifically defined shall have provided herein, the meanings meaning customarily given them in accordance with GAAP GAAP, and all financial computations in the Agreement shall be computed, unless otherwise specifically provided hereintherein, in accordance with GAAP as consistently applied. Interpretive Provisions.
Appears in 1 contract
Sources: Credit Agreement (Remedytemp Inc)
Accounting Terms. Any accounting terms used in this Agreement which that are ----------------- not specifically defined shall have the meanings customarily given them in accordance with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently applied.
Appears in 1 contract
Accounting Terms. Any Except as otherwise specifically provided, all accounting terms used in this Agreement which are not specifically defined herein shall have the meanings customarily given them in accordance with GAAP GAAP, and all financial computations computations, statements and balance sheets required or permitted under this Agreement shall be computed, unless specifically provided herein, performed or prepared in accordance with GAAP such principles consistently applied.
Appears in 1 contract
Accounting Terms. Any All accounting terms used herein or in this any other Financing Agreement which are not specifically expressly defined shall in this Agreement or such other Financing Agreement have the meanings customarily respectively given to them in accordance with GAAP and all financial computations shall be computed, unless GAAP. Except as otherwise specifically provided herein, all computations made pursuant to this Agreement shall be made in accordance with GAAP consistently appliedGAAP, and all financial statements shall be prepared in accordance with GAAP.
Appears in 1 contract
Accounting Terms. Any accounting terms used in this Agreement which are not specifically defined herein shall have the meanings customarily given them in accordance with GAAP GAAP. Calculations and all determinations of financial computations and accounting terms used and not otherwise specifically defined hereunder and the preparation of financial statements to be furnished to Lender pursuant hereto shall be computedmade and prepared, unless specifically provided hereinboth as to classification of items and as to amount, in accordance with sound accounting practices and GAAP consistently appliedas in effect on the date of this Agreement.
Appears in 1 contract
Sources: Loan Agreement (Sunworks, Inc.)
Accounting Terms. Any accounting Accounting terms used but not otherwise ---------------- defined in this Agreement which are not specifically defined shall have the meanings customarily given them provided by, and be construed in accordance with GAAP and all financial computations shall be computedwith, unless specifically provided herein, in accordance with GAAP consistently appliedGAAP.
Appears in 1 contract
Sources: Credit and Security Agreement (Pharmaceutical Product Development Inc)
Accounting Terms. Any accounting terms used in this Agreement Agreement, which are not specifically defined defined, shall have the meanings customarily given them in accordance with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently applied.
Appears in 1 contract
Sources: Security Agreement (Kitty Hawk Inc)
Accounting Terms. Any accounting terms used in this Agreement which are not shall, unless otherwise specifically defined shall provided, have the meanings customarily given them in accordance with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently appliedGAAP.
Appears in 1 contract
Sources: Securities Purchase Agreement (Unigene Laboratories Inc)
Accounting Terms. Any accounting Accounting terms used and not otherwise defined in this Agreement which are not specifically defined shall have the meanings customarily given them determined by GAAP, and all calculations with respect to accounting or financial matters unless otherwise provided herein shall be computed in accordance with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently appliedGAAP.
Appears in 1 contract
Accounting Terms. Any accounting terms used not otherwise defined in this Agreement which are not specifically defined shall have the meanings customarily given assigned to them in accordance with applicable GAAP and all financial computations shall be computed, unless specifically provided herein, (whether or not such is indicated in accordance with GAAP consistently appliedthis Agreement).
Appears in 1 contract
Sources: Secured Loan Agreement (Energy Infrastructure Merger CORP)
Accounting Terms. Any All accounting terms used not otherwise defined in this Agreement which are not specifically defined shall have the meanings customarily given assigned to them in accordance with GAAP GAAP, and all financial computations shall be computed, unless specifically except as otherwise expressly provided herein, in accordance with all accounting or financial calculations required or permitted under this Agreement shall be made on the basis of GAAP consistently appliedapplied on a consistent basis.
Appears in 1 contract
Accounting Terms. Any accounting terms used in this Agreement which ---------------- are not otherwise specifically defined shall have the meanings customarily given them in accordance with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently appliedGAAP.
Appears in 1 contract
Sources: Loan and Security Agreement (Meridian National Corp)
Accounting Terms. Any All accounting terms used herein which are not expressly defined in this Agreement which are not specifically defined shall have the meanings customarily respectively given to them in accordance with GAAP and all financial computations shall be computedapplicable to public companies generally, unless or authoritative interpretations thereof, as applicable. Except as otherwise specifically provided herein, (i) all computations made pursuant to this Agreement shall be made in accordance with GAAP consistently appliedGAAP, and (ii) all financial statements shall be prepared in accordance with GAAP.
Appears in 1 contract
Accounting Terms. Any accounting terms term used in this Agreement which are not shall have, unless otherwise specifically defined shall have provided herein, the meanings meaning customarily given them in accordance with GAAP GAAP, and all financial computations in the Agreement shall be computed, unless otherwise specifically provided hereintherein, in accordance with GAAP as consistently appliedapplied in the preparation of the Financial Statements.
Appears in 1 contract
Accounting Terms. Any accounting Accounting terms used and not otherwise defined in this Agreement which are not specifically defined shall have the meanings customarily given them determined by, and all calculations with respect to accounting or financial matters unless otherwise provided herein shall be computed in accordance with GAAP and all financial computations shall be computedwith, unless specifically provided herein, in accordance with GAAP consistently appliedGAAP.
Appears in 1 contract
Accounting Terms. Any For the purposes of this Agreement, all accounting terms used not otherwise defined in this Agreement which are not specifically defined shall will have the meanings customarily given them assigned to such terms in accordance with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently appliedGAAP.
Appears in 1 contract
Sources: Stock Purchase and Sale Agreement (Benton Oil & Gas Co)
Accounting Terms. Any accounting terms used in this Agreement which are not specifically defined shall have the meanings customarily given them in accordance with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently applied.GAAP. C.
Appears in 1 contract
Accounting Terms. Any All accounting terms used in this Agreement ---------------- which are not specifically expressly defined herein shall have the respective meanings customarily given to them in accordance with GAAP and GAAP, all financial computations shall be computed, unless specifically provided herein, made in accordance with GAAP consistently appliedGAAP, and all balance sheets and other financial statements shall be prepared in accordance with GAAP.
Appears in 1 contract
Accounting Terms. Any accounting terms used in this Agreement which are not specifically defined herein shall have the meanings customarily given them in accordance with GAAP GAAP. Calculations and all determinations of financial computations and accounting terms used and not otherwise specifically defined hereunder and the preparation of financial statements to be furnished to the Lenders pursuant hereto shall be computedmade and prepared, unless specifically provided hereinboth as to classification of items and as to amount, in accordance with GAAP consistently appliedas used in the preparation of the financial statements of the Borrower on the date of this Agreement.
Appears in 1 contract
Accounting Terms. Any accounting terms used in this Agreement which are not specifically defined herein shall have the meanings customarily given them thereto in accordance with GAAP and all financial computations shall be computedGAAP, unless specifically provided herein, in accordance with GAAP consistently applied.
Appears in 1 contract
Accounting Terms. Any accounting terms used in this Agreement which that are not specifically defined shall have the meanings customarily given them in accordance with GAAP and all financial computations shall be computedGAAP, unless specifically provided herein, in accordance with GAAP consistently appliedacknowledging that Borrower employs the cash method of accounting for income tax reporting purposes.
Appears in 1 contract
Accounting Terms. Any accounting terms used in this Agreement which are not shall, unless otherwise specifically defined shall provided, have the meanings customarily given to them in accordance with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently appliedGAAP.
Appears in 1 contract
Sources: Merger Agreement (Comverge, Inc.)
Accounting Terms. Any accounting terms used in this Agreement which that are not specifically defined shall have the meanings meaning customarily given them in accordance with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently appliedGAAP.
Appears in 1 contract
Accounting Terms. Any accounting terms used term not specifically defined in this Agreement which are not specifically defined shall have the meanings customarily given them be construed in accordance with GAAP and all financial computations calculations shall be computed, unless specifically provided herein, made in accordance with GAAP consistently appliedGAAP. The term “financial statements” shall include the accompanying notes and schedules.
Appears in 1 contract
Accounting Terms. Any All accounting terms used herein which are not expressly defined in this Agreement which are not specifically defined shall have the meanings customarily respectively given to them in accordance with GAAP. Except as otherwise specifically provided herein, all computations made pursuant to this Agreement shall be made in accordance with GAAP and all balance sheets and other financial computations statements with respect thereto shall be computed, unless prepared in accordance with GAAP. Except as otherwise specifically provided herein, any consolidated financial statement or financial computation shall be made in accordance with GAAP consistently appliedGAAP.
Appears in 1 contract
Sources: Note Purchase Agreement (Lazard LTD)
Accounting Terms. Any accounting terms used termsused in this Agreement which are not specifically defined shall have the meanings customarily given them in accordance with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently applied.
Appears in 1 contract
Accounting Terms. Any accounting terms used in this Agreement which are not specifically defined shall have the meanings customarily given them in accordance with GAAP GAAP, and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP GAAP, consistently applied.
Appears in 1 contract
Sources: Security and Purchase Agreement (Reliant Home Warranty Corp)
Accounting Terms. Any accounting terms term used in this the Agreement which are not shall ---------------- have, unless otherwise specifically defined shall have provided herein, the meanings meaning customarily given them in accordance with GAAP GAAP, and all financial computations in the Agreement shall be computed, unless otherwise specifically provided hereintherein, in accordance with GAAP consistently applied.
Appears in 1 contract
Sources: Credit Agreement (Data Return Corp)
Accounting Terms. Any accounting terms term used in this Agreement which are not shall have, unless otherwise specifically defined shall have provided herein, the meanings meaning customarily given them in accordance with GAAP GAAP, and all financial computations in this Agreement shall be computed, unless otherwise specifically provided hereintherein, in accordance with GAAP consistently appliedGAAP.
Appears in 1 contract
Sources: Credit Agreement (Spirit AeroSystems Holdings, Inc.)
Accounting Terms. Any All accounting terms used herein which are not expressly defined in this Agreement which are not specifically defined shall have the respective meanings customarily given to them in accordance with GAAP and all financial computations shall be computedGAAP, unless specifically provided herein, in accordance with GAAP consistently appliedexcept to the extent otherwise defined by this Agreement.
Appears in 1 contract
Sources: Stock Purchase Agreement (Mt Ultimate Healthcare Corp)
Accounting Terms. Any accounting terms used in this ---------------- Agreement which are not specifically defined shall have the meanings customarily given them in accordance with GAAP and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently applied.
Appears in 1 contract
Sources: Security Agreement (Elinear Inc)
Accounting Terms. Any accounting terms used in this Agreement which are not specifically defined in this Agreement shall have the meanings customarily given them in accordance with the definition of GAAP and all financial computations shall be computed, unless specifically provided contained herein, in accordance with GAAP consistently applied.
Appears in 1 contract
Accounting Terms. Any Except as specifically provided otherwise in this Agreement, all accounting terms used in this Agreement which herein that are not specifically defined shall have the meanings customarily given them in accordance with GAAP and all financial computations shall be computedGAAP. Notwithstanding anything to the contrary in this Agreement, unless specifically provided herein, in accordance with GAAP consistently applied.for purposes of
Appears in 1 contract
Sources: Credit Agreement (Orthalliance Inc)
Accounting Terms. Any accounting terms used in this Agreement which are not specifically defined shall have the meanings customarily given them in accordance with GAAP U.S. GAAP, and all financial computations shall be computed, unless specifically provided herein, in accordance with U.S. GAAP in the case of the Company and Essential, and Canadian GAAP in the case of Geotech BC, Geotech AB, Pacific and Earth Source, consistently applied.
Appears in 1 contract
Sources: Security and Purchase Agreement (Essential Innovations Technology Corp)
Accounting Terms. Any accounting Accounting terms used and not otherwise defined in this Agreement which are not specifically defined shall have the meanings customarily given them determined by GAAP. Unless otherwise provided in this Agreement, all calculations with respect to accounting or financial matters shall be computed in accordance with GAAP and all financial computations shall be computedGAAP, unless specifically provided herein, in accordance with GAAP consistently applied.
Appears in 1 contract
Accounting Terms. Any accounting terms used in this Agreement which are not specifically defined shall have the meanings customarily given them in accordance with GAAP U.S. generally accepted accounting principals (“GAAP”) and all financial computations shall be computed, unless specifically provided herein, in accordance with GAAP consistently applied.
Appears in 1 contract
Sources: Security Agreement (Pure Play Media Holdings, Inc.)