Certain Matters of Construction Uses in Accounting Terms Clause

Accounting Terms from Term Loan Agreement

THIS TERM LOAN AGREEMENT is dated as of August 14, 2014, among UNITED NATURAL FOODS, INC., a Delaware corporation ("UNFI"), Albert's Organics, Inc., a California corporation ("Albert's" and, together with UNFI, collectively, "Borrowers"), the financial institutions party to this Agreement from time to time as lenders (collectively, "Lenders"), and BANK OF AMERICA, N.A., a national banking association, as administrative agent for the Lenders ("Administrative Agent") and as Lead Arranger and Bookrunner.

Accounting Terms. Under the Loan Documents (except as otherwise specified herein), all accounting terms shall be interpreted, all accounting determinations shall be made, and all financial statements shall be prepared, in accordance with GAAP applied on a basis consistent with the most recent audited financial statements of Borrower Agent and its Subsidiaries delivered to Administrative Agent before the Closing Date and using the same inventory valuation method as used in such financial statements, except for any change required or permitted by GAAP if Borrowers' certified public accountants concur in such change, the change is disclosed to Administrative Agent, and Section 10.3 is amended in a manner satisfactory to Required Lenders to take into account the effects of the change.

Accounting Terms from Convertible Note Purchase Agreement

THIS CONVERTIBLE NOTE PURCHASE AGREEMENT is dated as of June 30, 2014 (the "Agreement"), among CROSS COUNTRY HEALTHCARE, INC., a Delaware corporation ("Issuer"), CEJKA SEARCH, INC., a Delaware corporation ("Cejka"), CROSS COUNTRY EDUCATION, LLC, a Delaware limited liability company ("Education"), CROSS COUNTRY STAFFING, INC., a Delaware corporation ("Staffing"), MDA HOLDINGS, INC., a Delaware corporation ("MDA"), CROSS COUNTRY PUBLISHING, LLC, a Delaware limited liability company ("Publishing"), ASSIGNMENT AMERICA, LLC, a Delaware limited liability company ("Assignment"), TRAVEL STAFF, LLC, a Delaware limited liability company ("Travel"), LOCAL STAFF, LLC, a Delaware limited liability company ("Local"), MEDICAL DOCTOR ASSOCIATES, LLC, a Delaware limited liability company ("Doctor"), OWS, LLC, a Delaware limited liability company ("OWS"), and CREDENT VERIFICATION AND LICENSING SERVICES, LLC, a Delaware limited liability company ("Credent"; together with Cejka, Education, Staffing, MDA,

Accounting Terms. Under the Note Documents (except as otherwise specified herein), all accounting terms shall be interpreted, all accounting determinations shall be made, and all financial statements shall be prepared, in accordance with GAAP applied on a basis consistent with the most recent audited financial statements of Issuer delivered to Noteholders before the Closing Date and using the same inventory valuation method as used in such financial statements, except for any change required or permitted by GAAP if Issuer's certified public accountants concur in such change, the change is disclosed to Noteholders, and Section 10.3 is amended in a manner satisfactory to Required Noteholders to take into account the effects of the change.

Accounting Terms from Loan and Security Agreement

THIS LOAN AND SECURITY AGREEMENT (together with all schedules, riders and exhibits annexed hereto from time to time, this "Agreement") is entered into this 28th day of June, 2013 among LKL INVESTMENTS, LLC, a Delaware limited liability company ("Lender"), LAKELAND INDUSTRIES, INC., a Delaware corporation ("Lakeland US"), and LAKELAND PROTECTIVE WEAR INC., a Canadian corporation ("Lakeland Canada"; Lakeland US and Lakeland Canada are sometimes referred to herein individually as a "Borrower" and collectively as "Borrowers"). All schedules, riders and exhibits annexed hereto are incorporated herein and made a part hereof.

Accounting Terms. Unless otherwise specified herein, all terms of an accounting nature used in this Agreement shall be interpreted, all accounting determinations under this Agreement shall be made, and all financial statements required to be delivered under this Agreement shall be prepared in accordance with GAAP, applied on a basis consistent with the most recent audited financial statements of Borrowers and their Subsidiaries delivered to Lender prior to the Closing Date and using same method for inventory valuation as used in such audited financial statements, except for any changes required by GAAP.

Accounting Terms from Loan and Security Agreement

THIS LOAN AND SECURITY AGREEMENT (this "Agreement") is dated as of November 4, 2010, among AMERICA'S CAR-MART, INC., a Texas corporation ("Parent"), COLONIAL AUTO FINANCE, INC., an Arkansas corporation ("Colonial"), AMERICA'S CAR MART, INC., an Arkansas corporation ("ACM"), TEXAS CAR-MART, INC., a Texas corporation ("TCM")(each of Colonial, ACM and TCM, a "Borrower", and collectively, "Borrowers"), the financial institutions party to this Agreement from time to time as lenders (collectively, "Lenders"), BANK OF ARKANSAS, N.A., as administrative agent for the Lenders ("Agent") and co-lead arranger for the Lenders, BANK OF AMERICA, N.A., as collateral agent for the Lenders ("Collateral Agent"), and BANK OF AMERICA, N.A., as documentation agent for the Lenders ("Documentation Agent") and co-lead arranger for the Lenders.

Accounting Terms. Under the Loan Documents (except as otherwise specified herein), all accounting terms shall be interpreted, all accounting determinations shall be made, and all financial statements shall be prepared, in accordance with GAAP applied on a basis consistent with the most recent audited financial statements of Parent delivered to Agent before the Closing Date and using the same inventory valuation method as used in such financial statements, except for any change required or permitted by GAAP if Parent's certified public accountants concur in such change, the change is disclosed to Agent, and Section 10.3 is amended in a manner satisfactory to Required Lenders to take into account the effects of the change.

Accounting Terms from Amended and Restated Credit Agreement

THIS FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (Agreement), dated as of July 15, 2010, is by and among ML MACADAMIA ORCHARDS, L.P., a Delaware limited partnership, and ML RESOURCES, INC., a Hawaii corporation (collectively, Borrower), and AMERICAN AGCREDIT, PCA as successor in interest to PACIFIC COAST FARM CREDIT SERVICES, PCA, (Lender) with respect to the following facts:

Accounting Terms. Any accounting term used in this Agreement shall have, unless otherwise specifically provided herein, the meaning customarily given such term in accordance with 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.

Accounting Terms from Third Amended and Restated Credit Agreement

THIS THIRD AMENDED AND RESTATED CREDIT AGREEMENT (Agreement), dated as of June 30, 2009, is by and among ML MACADAMIA ORCHARDS, L.P., a Delaware limited partnership, and ML RESOURCES, INC., a Hawaii corporation (collectively, Borrower), and AMERICAN AGCREDIT, PCA as successor in interest to PACIFIC COAST FARM CREDIT SERVICES, PCA, (Lender) with respect to the following facts:

Accounting Terms. Any accounting term used in this Agreement shall have, unless otherwise specifically provided herein, the meaning customarily given such term in accordance with 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.

Accounting Terms from Second Amended and Restated Credit Agreement

THIS SECOND AMENDED AND RESTATED CREDIT AGREEMENT (Agreement), dated as of July 8, 2008, is by and among ML MACADAMIA ORCHARDS, L.P., a Delaware limited partnership, and ML RESOURCES, INC., a Hawaii corporation (collectively, Borrower), and AMERICAN AGCREDIT, PCA as successor in interest to PACIFIC COAST FARM CREDIT SERVICES, PCA, (Lender) with respect to the following facts:

Accounting Terms. Any accounting term used in this Agreement shall have, unless otherwise specifically provided herein, the meaning customarily given such term in accordance with 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.

Accounting Terms from Loan and Security Agreement

THIS LOAN AND SECURITY AGREEMENT (this Agreement) is dated as of February 22, 2008, among BOISE CASCADE, L.L.C., a Delaware limited liability company (Boise Cascade), BOISE BUILDING SOLUTIONS DISTRIBUTION, L.L.C., a Delaware limited liability company (Boise Distribution) and BOISE BUILDING SOLUTIONS MANUFACTURING, L.L.C., a Delaware limited liability company (Boise Manufacturing, and together with Boise Cascade and Boise Distribution, collectively, Borrowers), BOISE BUILDING SOLUTIONS MANUFACTURING HOLDINGS CORP., a Delaware corporation (Boise Manufacturing Holding), BC CHILE INVESTMENT CORPORATION, a Delaware corporation (BC Chile Investment), and BC BRAZIL INVESTMENT CORPORATION, a Delaware corporation (BC Brazil Investment, and together with Boise Manufacturing Holding and BC Chile Investment], collectively, Initial Guarantors), the financial institutions party to this Agreement from time to time as lenders (collectively, Lenders) and BANK OF AMERICA, N.A., a national banking ass

Accounting Terms. Under the Loan Documents (except as otherwise specified herein), all accounting terms shall be interpreted, all accounting determinations shall be made, and all financial statements shall be prepared, in accordance with GAAP applied on a basis consistent with the most recent audited financial statements of Borrowers delivered to Agent before the Closing Date and using the same inventory valuation method as used in such financial statements, except for any changes required or permitted by GAAP if Borrowers certified public accountants concur in such changes and such changes are disclosed to Agent; provided that, if Borrowers notifies the Agent that Borrowers request an amendment to any provision hereof to eliminate the effect of any such change in GAAP or in the application thereof on the operation of such provision (or if the Agent notifies the Borrowers that the Required Lenders request an amendment to any provision hereof for such purpose), regardless of whether any such notice is given before or after such change in GAAP or in the application thereof, then such provision shall be interpreted on the basis of GAAP as in effect and applied immediately before such change shall have become effective until such notice shall have been withdrawn or such provision shall have been amended in accordance herewith.

Accounting Terms from Loan and Security Agreement

THIS LOAN AND SECURITY AGREEMENT (this Agreement) is dated as of February 22, 2008, among BOISE CASCADE, L.L.C., a Delaware limited liability company (Boise Cascade), BOISE BUILDING SOLUTIONS DISTRIBUTION, L.L.C., a Delaware limited liability company (Boise Distribution) and BOISE BUILDING SOLUTIONS MANUFACTURING, L.L.C., a Delaware limited liability company (Boise Manufacturing, and together with Boise Cascade and Boise Distribution, collectively, Borrowers), BOISE BUILDING SOLUTIONS MANUFACTURING HOLDINGS CORP., a Delaware corporation (Boise Manufacturing Holding), BC CHILE INVESTMENT CORPORATION, a Delaware corporation (BC Chile Investment), and BC BRAZIL INVESTMENT CORPORATION, a Delaware corporation (BC Brazil Investment, and together with Boise Manufacturing Holding and BC Chile Investment], collectively, Initial Guarantors), the financial institutions party to this Agreement from time to time as lenders (collectively, Lenders) and BANK OF AMERICA, N.A., a national banking ass

Accounting Terms. Under the Loan Documents (except as otherwise specified herein), all accounting terms shall be interpreted, all accounting determinations shall be made, and all financial statements shall be prepared, in accordance with GAAP applied on a basis consistent with the most recent audited financial statements of Borrowers delivered to Agent before the Closing Date and using the same inventory valuation method as used in such financial statements, except for any changes required or permitted by GAAP if Borrowers certified public accountants concur in such changes and such changes are disclosed to Agent; provided that, if Borrowers notifies the Agent that Borrowers request an amendment to any provision hereof to eliminate the effect of any such change in GAAP or in the application thereof on the operation of such provision (or if the Agent notifies the Borrowers that the Required Lenders request an amendment to any provision hereof for such purpose), regardless of whether any such notice is given before or after such change in GAAP or in the application thereof, then such provision shall be interpreted on the basis of GAAP as in effect and applied immediately before such change shall have become effective until such notice shall have been withdrawn or such provision shall have been amended in accordance herewith.

Accounting Terms from Mezzanine Loan Agreement

THIS MEZZANINE LOAN AGREEMENT is dated as of December 11, 2007 and entered into by and among DOVER SADDLERY, INC., a Delaware corporation having its principal place of business at 525 Great Road, Littleton, MA 01460 (Borrower), and BCA MEZZANINE FUND, L.P., a Delaware limited partnership having offices at One Turks Head Place, Suite 1492, Providence, RI 02903 (collectively, with its successors and assigns, Lender).

Accounting Terms. All terms of an accounting character not specifically defined herein have the meanings given such terms by GAAP.