ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 28 contracts
Samples: Loan and Security Agreement (Safeguard Health Enterprises Inc), Loan and Security Agreement (Freemarkets Inc), Loan and Security Agreement (Tripath Imaging Inc)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includesincluding"/"includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 8 contracts
Samples: Loan and Security Agreement (Hie Inc), Loan and Security Agreement (Endocare Inc), Loan and Security Agreement (Pharmaprint Inc)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ including" / "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 6 contracts
Samples: Loan and Security Agreement (Integrated Packaging Assembly Corp), Loan and Security Agreement (E Loan Inc), Loan and Security Agreement (Sagent Technology Inc)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically -------------------------- defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 6 contracts
Samples: Loan and Security Agreement (SQL Financials International Inc /De), Loan and Security Agreement (Silicon Gaming Inc), Loan and Security Agreement (Audible Inc)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ including" or "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 5 contracts
Samples: Loan and Security Agreement (Speechworks International Inc), Loan and Security Agreement (Silknet Software Inc), Loan and Security Agreement (Juno Online Services Inc)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ including" and "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 5 contracts
Samples: Senior Subordinated Loan and Security Agreement (Objectspace Inc), Senior Subordinated Loan and Security Agreement (Objectspace Inc), Loan and Security Agreement (Vtel Corp)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "“financial statements" ” shall include the notes and schedules thereto. The terms "including"/ "“including” / “includes" ” shall always be read as meaning "“including (or includes) without limitation", ,” when used herein or in any other Loan Document.
Appears in 3 contracts
Samples: Loan and Security Agreement (Focus Enhancements Inc), Loan and Security Agreement (Versata Inc), Loan and Security Agreement (Anda Networks Inc)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Maker Communications Inc), Loan and Security Agreement (Maker Communications Inc)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ including" / "includes" shall always be read as meaning "including (or includes) without limitation", ," when used herein or in any other Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Integrated Packaging Assembly Corp), Loan and Security Agreement (Integrated Packaging Assembly Corp)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAPGASP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Vista Medical Technologies Inc), Loan and Security Agreement (Vista Medical Technologies Inc)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includesincluding"/"includes" shall always be read as meaning "including (or includes) without limitation", ," when used herein or in any other Loan Document.
Appears in 2 contracts
Samples: Loan and Security Agreement (Hybridon Inc), Loan Modification Agreement (Quintus Corp)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically -------------------------- defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ including"! "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 1 contract
Samples: Loan and Security Agreement (Copper Mountain Networks Inc)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includesincluding"/"includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically ---- -------------------------- defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 1 contract
Samples: Loan and Security Agreement (Seachange International Inc)
ACCOUNTING AND OTHER TERMS. All accounting terms not -------------------------- specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includesincluding"/"includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include include, for all statements other than interim statements, the notes and schedules thereto. The terms "including"/ including" and "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 1 contract
Samples: Loan and Security Agreement (Mission Critical Software Inc)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includesincluding"/"includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document. All references to dollar amounts are to U.S. dollars unless indicated otherwise.
Appears in 1 contract
Samples: Loan Agreement (Moldflow Corp)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically -------------------------- defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includesincluding"/"includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includes" shall always be read as meaning "including (or includes) without limitation", ," when used herein or in any other Loan Document.
Appears in 1 contract
Samples: Loan and Security Agreement (Safeguard Health Enterprises Inc)
ACCOUNTING AND OTHER TERMS. All accounting terms not -------------------------- specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ including" or "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 1 contract
Samples: Loan and Security Agreement (Esperion Therapeutics Inc/Mi)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically -------------------------- defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ including" or "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 1 contract
Samples: Loan and Security Agreement (Natural Microsystems Corp)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein or any other Loan Document shall be construed in all the Loan Documents in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includesincluding"/"includes" shall always be read as meaning "including (or includes) without limitation", ," when used herein or in any other Loan Document.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. All accounting terms not -------------------------- specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document. 2.
Appears in 1 contract
Samples: Loan and Security Agreement (Manhattan Associates Inc)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in .in accordance with GAAP. When used herein, the term "'financial statements" ' shall include the notes and schedules thereto. The terms "including"/ including" or "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically -------------------------- defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ including" / "includes" shall always be read as meaning "including (or includes) without limitation", ," when used herein or in any other Loan Document.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includes" shall always be read as meaning "including (or includes) without limitation", " when used herein or in any other Loan Document.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto, if any, subject to year-end adjustments for unaudited financial statements. The terms "including"/ "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 1 contract
