Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “financial statements” shall include the notes and schedules thereto.
Appears in 133 contracts
Samples: Loan and Security Agreement (Silvaco Group, Inc.), Loan and Security Agreement (Viveve Medical, Inc.), Loan and Security Agreement (Nexsan Corp)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “"financial statements” " shall include the notes and schedules thereto.
Appears in 117 contracts
Samples: Loan and Security Agreement (Netratings Inc), Loan and Security Agreement (Ditech Communications Corp), Loan Agreement (Clarient, Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP GAAP, and all calculations made financial data required to be delivered hereunder shall be made prepared in accordance with GAAP. When used herein, the terms “financial statements” shall include the notes and schedules thereto.
Appears in 88 contracts
Samples: Credit Agreement and Guaranty (Hampshire Group LTD), Credit Agreement and Guaranty (Hampshire Group LTD), Revolving Loan Agreement (Avalonbay Communities Inc)
Accounting Terms. All Any accounting terms term not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms The term “financial statements” shall include the accompanying notes and schedules theretoschedules.
Appears in 33 contracts
Samples: Loan and Security Agreement (Hubspot Inc), Loan and Security Agreement (Verisilicon Holdings Co LTD), Loan and Security Agreement (Rocket Fuel Inc.)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms term “financial statements” shall include the notes and schedules thereto.
Appears in 19 contracts
Samples: Credit Agreement (PLBY Group, Inc.), Credit Agreement (PLBY Group, Inc.), Credit and Security Agreement (Morgans Foods Inc)
Accounting Terms. All accounting terms not specifically defined ---------------- herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “"financial statements” " shall include the notes and schedules thereto.
Appears in 18 contracts
Samples: Loan and Security Agreement (Pointshare Corp), Loan and Security Agreement (Corsair Communications Inc), Loan and Security Agreement (Thermatrix Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “term "financial statements” " shall include the notes and schedules thereto.
Appears in 15 contracts
Samples: Loan Agreement (Cartoon Acquisition, Inc.), Loan Agreement (Arg Property Management Corp), Loan and Security Agreement (Starcraft Corp /In/)
Accounting Terms. All accounting terms not specifically ---------------- defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “"financial statements” " shall include the notes and schedules thereto.
Appears in 6 contracts
Samples: Loan Modification Agreement (Interwoven Inc), Loan and Security Agreement (Inktomi Corp), Loan and Security Agreement (Inktomi Corp)
Accounting Terms. All Any accounting terms term not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “The term "financial statements” " shall include the accompanying notes and schedules theretoschedules.
Appears in 6 contracts
Samples: Loan and Security Agreement (Genoptix Inc), Loan Agreement (Qad Inc), Loan and Security Agreement (Vitalstream Holdings Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “term "financial statements” " shall include the notes and schedules thereto.
Appears in 5 contracts
Samples: Loan and Security Agreement (Ardent Software Inc), Loan Agreement (Stanford Microdevices Inc), Revolving Credit and Term (Motorvac Technologies Inc)
Accounting Terms. All accounting terms not specifically or completely defined herein shall be construed in accordance with GAAP GAAP, and, except as otherwise provided herein, all financial data (including financial ratios and all calculations made other financial calculations) required to be delivered hereunder shall be made prepared in accordance with GAAP. When used herein, the terms “financial statements” shall include the notes and schedules thereto.
Appears in 3 contracts
Samples: Credit Agreement (JBG SMITH Properties), Credit Agreement (JBG SMITH Properties), Credit Agreement (JBG SMITH Properties)
Accounting Terms. All accounting terms not specifically defined ---------------- herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used hereinhereto, the terms “"financial statements” " shall include the notes and schedules thereto.
Appears in 3 contracts
Samples: Loan and Security Agreement (Crossworlds Software Inc), Loan and Security Agreement (Crossworlds Software Inc), Loan and Security Agreement (Crossworlds Software Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP GAAP, and all calculations made financial data required to be delivered hereunder shall be made prepared in accordance with GAAP. When used herein, All terms relating to Collateral and not otherwise defined herein shall have the terms “financial statements” shall include meanings ascribed to them in the notes and schedules theretoUniform Commercial Code of the State of New York.
Appears in 2 contracts
Samples: Credit Agreement (Conmed Corp), Credit Agreement (Conmed Corp)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made constituted in accordance with GAAP. When used herein, the terms “term "financial statements” " shall include the notes and schedules thereto.
Appears in 2 contracts
Samples: Business Loan and Security Agreement (Syntax-Brillian Corp), Business Loan and Security Agreement (Syntax-Brillian Corp)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP (except that interim financial statements shall not include normally recurring year-end adjustments or the notes required by GAAP). When used herein, the terms “financial statements,” other than when used with respect to interim financial statements, shall include the notes and schedules thereto.
Appears in 2 contracts
Samples: Loan and Security Agreement (Vuzix Corp), Assignment and Assumption Agreement (Vuzix Corp)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made constituted in accordance with GAAP. When used herein, the terms term “financial statementsFinancial Statements” shall include the notes and schedules thereto, if applicable.
Appears in 2 contracts
Samples: Loan Agreement (Amphastar Pharmaceuticals, Inc.), Loan Agreement (Amphastar Pharmaceuticals, Inc.)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms term “financial statementsstatement” shall include the all notes and schedules thereto.
Appears in 2 contracts
Samples: Contract (Diamond Resorts Parent, LLC), Inventory Loan and Security Agreement (Diamond Resorts Parent, LLC)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “term "financial statements” statement" shall include the all notes and schedules thereto.
Appears in 2 contracts
Samples: Credit Lending Agreement (Ilx Resorts Inc), Credit Lending Agreement (Ilx Resorts Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “financial statements” term "Financial Statements" shall include the notes and schedules thereto.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Avanex Corp)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP GAAP, and all calculations made hereunder financial data submitted pursuant to this Agreement shall be made prepared in accordance with GAAPsuch principles. When used herein, the terms “term "financial statements” " shall include the notes Note and schedules thereto.
Appears in 1 contract
Samples: Credit Agreement (Spacehab Inc \Wa\)
Accounting Terms. All accounting terms not specifically defined herein ---------------- shall be construed in accordance with GAAP GAAP, as applicable, and all calculations required to be made hereunder and all financial information required to be provided hereunder shall be made done or prepared in accordance with GAAP. When used herein, the terms “financial statements” shall include the notes and schedules theretoif applicable.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically specifical ---------------- defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “"financial statements” " shall include the notes and schedules thereto.
Appears in 1 contract
Samples: Loan Agreement (Ultradata Corp)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “financial "Financial statements” " shall include the notes and schedules thereto.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When when used herein, the terms “financial statements” term "Financial Statements" shall include the notes and schedules thereto.
Appears in 1 contract
Samples: Loan and Security Agreement (Global One Distribution & Merchandising Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “financial statements” shall include the notes and schedules thereto.
Appears in 1 contract
Samples: Loan and Security Agreement (Aviza Technology, Inc.)
Accounting Terms. All accounting terms not specifically defined herein ---------------- shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “"financial statements” " shall include the notes and schedules thereto.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “"financial statements” " shall include the notes and schedules thereto.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall will be construed in accordance with GAAP and all calculations made hereunder shall will be made in accordance with GAAP. When used herein, the terms “term "financial statements” shall include " includes the notes and schedules thereto.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “"financial statements” " shall include the notes and schedules thereto. 2.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP GAAP, as applied by Borrower, and all calculations made hereunder shall be made in accordance with GAAP, as applied by Borrower. When used herein, the terms “financial statements” shall include the notes notes, if any, and schedules thereto.
Appears in 1 contract
Samples: Loan and Security Agreement
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “financial statements” shall include the notes and schedules thereto. All other capitalized terms contained in this Agreement, unless otherwise indicated, shall have the meaning provided by the Code to the extent such terms are defined therein.
Appears in 1 contract
Samples: Loan and Security Agreement (Bridgeline Digital, Inc.)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “financial statements” shall include the notes and schedules thereto.,
Appears in 1 contract
Samples: Loan and Security Agreement (BlackSky Technology Inc.)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “financial statements” shall include the notes and schedules thereto. 7 2.
Appears in 1 contract
Samples: Loan and Security Agreement (Scientific Learning Corp)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP GAAP, as applied by the Borrower, and all calculations made hereunder shall be made in accordance with GAAP, as applied by the Borrower. When used herein, the terms “financial statements” shall include the notes notes, if any, and schedules thereto.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein ---------------- shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “term "financial statements” " shall include the notes and schedules thereto.
Appears in 1 contract
Samples: Revolving Loan and Security Agreement (Iprint Technologies Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAPGAAP consistently applied in the books and records of Borrower. When used herein, the terms “"financial statements” " shall include the notes and schedules thereto. This Agreement shall be construed to impart upon Bank a duty to act reasonably at all times. 2.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAPGAAP as in effect from time to time. When used herein, the terms “"financial statements” " shall include the notes and schedules thereto.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “"financial statements” " shall include the notes and schedules thereto.. LOAN AND TERMS OF PAYMENT -------------------------
Appears in 1 contract
Samples: Loan and Security Agreement (Electronic Designs Inc)
Accounting Terms. All accounting terms not specifically defined ---------------- herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “term "financial statements” " shall include the notes and schedules thereto.
Appears in 1 contract
Samples: Revolving Loan and Security Agreement (Iprint Technologies Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “financial statements” shall include the notes and schedules thereto, if applicable.
Appears in 1 contract
Samples: Loan and Security Agreement (CNL Strategic Capital, LLC)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “term "financial statements” " shall include the notes and schedules thereto.. Whenever the terms "Borrowers", "
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms term “financial statements” shall include the notes and schedules thereto.. Whenever the term “
Appears in 1 contract
Samples: Credit Agreement (Dialogic Inc.)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, herein the terms “"financial statements” " shall include the notes and schedules thereto.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “the, term "financial statements” " shall include the notes and schedules thereto.
Appears in 1 contract
Samples: Revolving Loan and Security Agreement (Hall Kinion & Associates Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP (except that interim financial statements shall not include normally recurring year-end adjustments or the notes required by GAAP). When used herein, the terms “"financial statements” ," other than when used with respect to interim financial statements, shall include the notes and schedules thereto.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (Lc Capital Master Fund LTD)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP GAAP, and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “financial statements” shall include the any notes and schedules thereto.
Appears in 1 contract
Samples: Loan and Security Agreement (Orchard Enterprises, Inc.)
Accounting Terms. All accounting terms not ---------------- specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “"financial statements” " shall include the notes and schedules thereto.
Appears in 1 contract
Samples: Loan and Security Agreement (Iprint Technologies Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP (except that interim monthly financial statements which may not include normally recurring year-end adjustments or the notes required by GAAP). When used herein, the terms “financial statements,” other than when used with respect to interim monthly financial statements, shall include the notes and schedules thereto.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made as in accordance with GAAPeffect at the applicable date of determination. When used herein, the terms “term "financial statements” " shall include the notes and schedules thereto.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAPGAAP as in effect from time to time. When used herein, the terms “"financial statements” " shall include the notes and schedules thereto.. 1.4
Appears in 1 contract
Accounting Terms. All Except as set forth on Schedule 1.2, all accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “financial statements” shall include the notes and schedules thereto.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with US GAAP and all calculations made hereunder shall be made in accordance with US GAAP. When used herein, the terms “financial statements” shall include the notes and schedules thereto, if applicable.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP GAAP, and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “financial statements” shall include the notes and schedules thereto.
Appears in 1 contract
Samples: Loan and Security Agreement (Star Mountain Lower Middle-Market Capital Corp)
