METHODOLOGIES USED Clause Samples

METHODOLOGIES USED. This methodology was used as follows: Handbook on Environmental Goods and Service Sector, 2016 Practical guide on Environmental Goods and Services Sector accounts, 2016
View Source

Related to METHODOLOGIES USED

  • Methodology 1. The price at which the Assuming Institution sells or disposes of Qualified Financial Contracts will be deemed to be the fair market value of such contracts, if such sale or disposition occurs at prevailing market rates within a predefined timetable as agreed upon by the Assuming Institution and the Receiver. 2. In valuing all other Qualified Financial Contracts, the following principles will apply:

  • Capitalized Terms; Rules of Usage Capitalized terms used in this Agreement that are not otherwise defined shall have the meanings ascribed thereto in Appendix 1 to the Exchange Note Supplement or, if not defined therein, in Appendix A to the Collateral Agency Agreement, which Appendices are hereby incorporated into and made a part of this Agreement. Appendix 1 also contains rules as to usage applicable to this Agreement. Except as otherwise specified herein or as the context may otherwise require, the following terms have the respective meanings set forth below for all purposes of this Agreement:

  • Other Capitalized Terms The following terms shall have the meanings specified in the indicated section of this Agreement: Accounting Firm 2.6(c) Accounts Receivable 4.26 Additional Transfer Documents 3.2(a)(iii) ADSP 6.3(c)(iii) ADSP Allocation 6.3(c)(iii) Agreed Amount 10.6(b) Agreement Preamble Allocation Schedule 6.3(b)(i) Alternative Financing 6.18(b) Assumed Liabilities 2.3 Assumed Taxes 10.3(d) Audited Financial Statements 4.10(a) Base Consideration 2.5 ▇▇▇▇ of Sale and Assumption Agreement 3.2(a)(iii) Business Recitals Business Confidential Information 6.15 Business Permits 4.25 Cap 10.4(a) Claim Period 10.6(a) Claimed Amount 10.6(a) Closing 3.1 Closing Date 3.1 Closing Purchase Price 2.5 Closing Statement 2.6(b) Continuing Employees 6.10(a) De Minimis Amount 10.4(a) Debt Financing Failure Event 6.18(b) Disclosed Matter 6.26 Disclosed Matter Notice 6.26 Dispute 10.6(c) Escrow Account 2.7 Escrow Amount 2.5 Excluded Assets 2.2 Excluded Liabilities 2.4 Expiration Date 10.1(a) Final Closing Purchase Price 2.6(e) Financial Statements 4.10(a) FSA Plan 6.10(i) Indemnified Party 10.6(a) Indemnifying Party 10.6(a) Interim Financial Statements 4.10(a) IP Assignment Agreements 3.2(a)(xi) Latest Balance Sheet 4.10(a) Lease Assignment and Assumption Agreement 3.2(a)(iv) Leased Real Property 4.17(b) Lender 1.1 Licensed Intellectual Property 4.16(a) Material Contracts 4.14(a) Nonassignable Asset 2.8(a) Notice of Claim 10.6(a) Objections Notice 6.3(b)(ii) Owned Intellectual Property 4.16(a) Parent Seller Preamble Post-Closing Collection Amounts 6.8(a) Post-Signing Returns 6.3(a)(ii) Pre-Closing Statement 2.6(a) Pre-Closing Taxes 10.2(d) Privacy Policy 4.16(g) Purchaser Preamble Purchaser HRA Account 6.10(l) Purchaser HRA Plan 6.10(l) Purchaser HSA Account 6.10(l) Purchaser HSA Plan 6.10(l) Purchaser Related Parties 9.3(c) Related Terms 6.23(c) Release Date 10.1(a) Response 10.6(b) Response Period 6.3(b)(ii) Restricted Competitive Products 1.1 Restrictive Covenants 6.12(b) Retention Agreements Recitals Retiree Medical Eligible Transferred Employee 6.10(h) Retiree Medical Plan 6.10(h) Review Period 10.6(b) Section 338 Forms 6.3(c)(ii) Section 338(h)(10) Elections 6.3(c)(i) Seller Preamble Seller Bonds 4.31 Seller HRA Account 6.10(l) Seller HRA Plan 6.10(l) Sellers Preamble Sellers’ 401(k) Plan 6.10(g) Straddle Period 6.3(g) Sublease 3.2(a)(xiv) Tax Contest 6.5 Termination Date 9.1(d) Third Party Claim 10.7(a) Third Party Claim Notice 10.7(a) Threshold Amount 10.4(a) Trademarks 1.1 Transfer Taxes 6.3(d) Transferred Assets 2.1 Transferred Contracts 2.1(a) Transferred Employees 6.10(a) Transferred Leases 2.1(b) Transition Services Agreement 3.2(a)(ii)

  • Accounting Terms and Principles (a) Except as set forth below, all accounting terms not specifically defined herein shall be construed in conformity with GAAP and all accounting determinations required to be made pursuant hereto (including for purpose of measuring compliance with Article V (Financial Covenant)) shall, unless expressly otherwise provided herein, be made in conformity with GAAP. (b) If at any time any change in GAAP would affect the computation of any financial ratio or requirement, and either the Borrower or the Administrative Agent shall so request, the Administrative Agent and the Borrower shall negotiate in good faith to amend such ratio or requirement so as to equitably reflect such change in GAAP with the desired result that the criteria for evaluating the Borrower’s financial condition shall be the same after such change in GAAP as if such change in GAAP had not been made (subject to the approval of the Requisite Lenders); provided, however, that, (i) until so amended, (A) such ratio or requirement shall continue to be computed in accordance with GAAP, as applicable, prior to such change therein and (B) the Borrower shall provide to the Administrative Agent and the Lenders a written reconciliation, in form and substance reasonably satisfactory to the Administrative Agent, between calculations of such ratio or requirement made before and after giving effect to such change in GAAP and (ii) for the avoidance of doubt, (A) the amount of any Capital Lease Obligation shall at all times be calculated in accordance with the definition of that term, and (B) notwithstanding any changes in GAAP after the Closing Date, any lease of the Borrower or the Subsidiaries that would be characterized as an operating lease under GAAP in effect on the Closing Date (whether such lease is entered into before or after the Closing Date) shall not constitute Indebtedness or a Capital Lease Obligation under this Agreement or any other Loan Document as a result of such changes in GAAP. (c) For purposes of making all financial calculations to determine compliance with Article V (Financial Covenant) and any other financial ratio hereunder, all components of such calculations shall be adjusted to include or exclude, as the case may be, without duplication, such components of such calculations attributable to any business or assets that have been acquired by the Borrower or any of its Subsidiaries (including through Permitted Acquisitions) after the first day of the applicable period of determination and prior to the end of such period, as determined in good faith by the Borrower on a Pro Forma Basis. For the avoidance of doubt, when determining Pro Forma Compliance with Article V (Financial Covenant) for purposes of any ratio test set forth in the definition of “Permitted Acquisition” or Article VIII (Negative Covenants), the test set forth in Article V (Financial Covenant) shall apply regardless of whether any Revolving Credit Commitment remains outstanding on the relevant test date.

  • Headings and Capitalized Terms Paragraph headings used herein are for convenience of reference only and shall not be considered in construing this Award. Capitalized terms used, but not defined, in this Award shall be given the meaning ascribed to them in the Plan.