ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules. The terms "including" and "
Appears in 90 contracts
Samples: Loan and Security Agreement (Callidus Software Inc), Loan and Security Agreement (Array Biopharma Inc), Loan and Security Agreement (Onyx Software Corp/Wa)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "“financial statements" ” includes the notes and schedules. The terms "“including" ” and "“includes” always mean “including (or includes) without limitation,” in this or any Loan Document.
Appears in 55 contracts
Samples: Loan and Security Agreement (Quicklogic Corporation), Loan and Security Agreement (Lexar Media Inc), Loan and Security Agreement (Smart Move, Inc.)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules. The terms "including" and "
Appears in 36 contracts
Samples: Loan and Security Agreement (GlobalOptions Group, Inc.), Loan and Security Agreement (Smarterkids Com Inc), Loan and Security Agreement (Critical Therapeutics Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will be construed following GAAP. GAAP Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules. The terms "including" and "
Appears in 33 contracts
Samples: Loan and Security Agreement (Orthopaedic Biosystems LTD Inc/), Loan and Security Agreement (Pixelworks Inc), Loan and Security Agreement (Actuate Software Corp)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "“financial statements" ” includes the notes and schedules. The terms "“including" ” and "“includes” always mean “including (or includes) without limitation,” in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings set forth in Section 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meanings provided by the Code, to the extent such terms are defined therein.
Appears in 22 contracts
Samples: Loan and Security Agreement, Loan Modification Agreement (Cyoptics Inc), First Loan Modification Agreement (Cyoptics Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "“financial statements" ” includes the notes and schedules. The terms "“including" ” and "“includes” always mean “including (or includes) without limitation,” in this or any Loan Document. Capitalized terms not otherwise defined in this Agreement shall have the meanings set forth in Section 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meanings provided by the Code, to the extent such terms are defined therein.
Appears in 12 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Audience Inc), Loan and Security Agreement (Exa Corp)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules. The terms "including" and "includes" always mean "including (or includes) without limitation," in this or any Loan Document.
Appears in 12 contracts
Samples: Loan and Security Agreement (Immunicon Corp), Loan and Security Agreement (Quicklogic Corporation), Loan and Security Agreement (Endocardial Solutions Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "“financial statements" ” includes the notes and schedules. The terms "“including" ” and "“includes” always mean “including (or includes) without limitation,” in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings as set forth in Section 13. All other terms contained in this Agreement, unless otherwise indicated, shall have the meanings provided by the Code, to the extent such terms are defined therein.
Appears in 11 contracts
Samples: Loan and Security Agreement (Cadence Pharmaceuticals Inc), Loan and Security Agreement (Cadence Pharmaceuticals Inc), Loan and Security Agreement (Acclarent Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules. The terms "including" and "includes" always mean "including (or includes) without limitation," in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings set forth in Article 13. All other 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 6 contracts
Samples: Loan and Security Agreement (A123 Systems Inc), Loan and Security Agreement (Skillsoft Public Limited Co), Loan Modification Agreement (Skillsoft Public Limited Co)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "“financial statements" ” includes the notes and schedules. The terms "“including" ” and "“includes” always mean “including (or includes) without limitation,” in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings set forth in Article 13. All other 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 6 contracts
Samples: Loan Modification Agreement (Infinera Corp), Loan and Security Agreement (Technest Holdings Inc), Loan and Security Agreement (Telular Corp)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined determined in this Agreement will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules. The terms "including" and "
Appears in 3 contracts
Samples: Loan and Security Agreement (Applied Molecular Evolution Inc), Loan Agreement (Ats Medical Inc), Loan and Security Agreement (I Flow Corp /De/)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Exim Agreement will be construed following GAAP. GAAP Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules. The terms "including" and "
Appears in 3 contracts
Samples: Loan and Security Agreement (Packeteer Inc), Loan and Security Agreement (Matrixone Inc), Loan and Security Agreement (Invision Technologies Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will shall be construed following GAAP. , Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules. The terms "including" and "
Appears in 2 contracts
Samples: Fifth Loan Modification Agreement (Phase Forward Inc), Loan Modification Agreement (Phase Forward Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined determined in this Agreement will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules. The terms "including" and "includes" always mean "including (or includes) without limitation," in this or any Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Dpac Technologies Corp), Loan and Security Agreement (Kintera Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" statements includes the notes and schedules. The terms "including" including and "includes always mean including (or includes) without limitation in this or any Loan Document. Capitalized terms in this Agreement shall have the meanings set forth in Section 13. This Agreement shall be construed to impart upon Bank a duty to act reasonably at all times.
Appears in 2 contracts
Samples: Loan and Security Agreement (Hearme), Loan and Security Agreement (Hearme)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined determined in this Agreement will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "“financial statements" ” includes the notes and schedules. The terms "“including" ” and "“includes” always mean “including (or includes) without limitation,” in this or any Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Occam Networks Inc/De), Loan and Security Agreement (Skinmedica Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "“financial statements" ” includes the notes and schedules. The terms "“including" ” and "“includes” always mean “including (or includes) without limitation” in this or any Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Sigmatel Inc), Loan and Security Agreement (Exe Technologies Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will be construed following in accordance with GAAP. Calculations and determinations must be made following in accordance with GAAP. The term "financial statements" includes the notes and schedules. The terms "including" and "
Appears in 2 contracts
Samples: Loan and Security Agreement (Exelixis Inc), Loan and Security Agreement (Critical Path Inc)
ACCOUNTING AND OTHER TERMS. 1.1 Accounting terms not defined in this Agreement will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules, if any. The terms "including" and "
Appears in 1 contract
Samples: Loan and Security Agreement (Bio Imaging Technologies Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules. The terms "including" and "
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will be construed following GAAP. Calculations and determinations must be made following GAAPGAAP in effect on the Effective Date. The term "“financial statements" ” includes the notes and schedules. The terms "“including" ” and "“includes” always mean “including (or includes) without limitation,” in this or any Loan Document.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will be construed following GAAP. Calculations and determinations must be made following GAAP. The term Term "financial statements" includes the notes and schedules. The terms "including" and "
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. Accounting terms not otherwise defined in this Agreement will be construed following in accordance with GAAP. Calculations and determinations must be made following in accordance with GAAP. The term "financial statements" includes the notes and schedulesschedules thereto. The terms "including" and "
Appears in 1 contract
Samples: Secured Loan Agreement (Neurocrine Biosciences Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will shall be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the any attached notes and schedules. The terms "including" and "
Appears in 1 contract
Samples: Loan and Security Agreement (Alnylam Pharmaceuticals Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will shall be construed constructed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules. The terms "including" and "
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Exim Agreement will be construed following GAAP. Calculations GAAP calculations and determinations must be made following GAAP. The term "financial statements" includes includes, to the extent prepared, the notes and schedules. The terms "including" and "
Appears in 1 contract
Samples: Loan and Security Agreement (Daleen Technologies Inc)
ACCOUNTING AND OTHER TERMS. (a) Accounting terms not defined in this Agreement will be construed following GAAP. GAAP Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules. The terms "including" and "
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedules. The terms "including" and "includes" always mean "including (or includes) without limitation" in this or any Loan Document.
Appears in 1 contract
Samples: Intellectual Property Security Agreement (Perficient Inc)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedulesschedules provided with the annual financial statements delivered pursuant to Section 6.2 and any other notes and schedules that are part of Borrower's financial statements. The terms "including" and "
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will shall be construed following GAAP. Calculations and determinations must be made following GAAP, consistently applied. The term "financial statements" includes the notes and schedules. The terms "including" and "
Appears in 1 contract
