Common use of Accounting and Financial Determinations; No Duplication Clause in Contracts

Accounting and Financial Determinations; No Duplication. Where the character or amount of any asset or liability or item of income or expense is required to be determined, or any accounting computation is required to be made, for the purpose of this Indenture, such determination or calculation shall be made, to the extent applicable and except as otherwise specified in this Indenture, in accordance with GAAP. When used herein, the term “financial statement” shall include the notes and schedules thereto. All accounting determinations and computations hereunder or under any other Transaction Documents shall be made without duplication.

Appears in 24 contracts

Samples: Indenture (Oportun Financial Corp), Indenture (Oportun Financial Corp), Indenture (Oportun Financial Corp)

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Accounting and Financial Determinations; No Duplication. Where the character or amount of any asset or liability or item of income or expense is required to be determined, or any accounting computation is required to be made, for the purpose of this the Indenture, such determination or calculation shall be made, to the extent applicable and except as otherwise specified in this the Indenture, in accordance with GAAP. When used herein, the term “financial statement” shall include the notes and schedules thereto. All accounting determinations and computations hereunder or under any other Transaction Documents shall be made without duplication.

Appears in 6 contracts

Samples: Base Indenture (Enova International, Inc.), On Deck Capital, Inc., Base Indenture (PHH Corp)

Accounting and Financial Determinations; No Duplication. Where the character or amount of any asset or liability or item of income or expense is required to be determined, or any accounting computation is required to be made, for the purpose of this Indenturethe Indenture or any other Related Document, such determination or calculation shall be made, to the extent applicable and except as otherwise specified in this Indenturethe Indenture or such other Related Document, in accordance with GAAP. When used herein, the term “financial statement” shall include the notes and schedules thereto. All accounting determinations and computations hereunder or under any other Transaction Related Documents shall be made without duplication.

Appears in 6 contracts

Samples: Servicing Agreement (Dominos Pizza Inc), Guarantee and Collateral Agreement (Iconix Brand Group, Inc.), Base Indenture (Dominos Pizza Inc)

Accounting and Financial Determinations; No Duplication. Where the character or amount of any asset or liability or item of income or expense is required to be determined, or any accounting computation is required to be made, for the purpose of this Indenturethe Indenture or any other Transaction Document, such determination or calculation shall be made, to the extent applicable and except as otherwise specified in this Indenturethe Indenture or such other Transaction Document, in accordance with GAAP. When used herein, the term “financial statement” shall include the notes and schedules thereto. All accounting determinations and computations hereunder or under any other Transaction Documents shall be made without duplication.

Appears in 6 contracts

Samples: Management Agreement (Driven Brands Holdings Inc.), Servicing Agreement (Vale Merger Sub, Inc.), Driven Brands Holdings Inc.

Accounting and Financial Determinations; No Duplication. Where the character or amount of any asset or liability or item of income or expense is required to be determined, or any accounting computation is required to be made, for the purpose of this Indenture, such determination or calculation shall be made, to the extent applicable and except as otherwise specified in this Indenture, in accordance with GAAP. When used herein, the term “financial statement” shall include the notes and schedules thereto. All accounting determinations and computations hereunder or under any other Transaction Documents Program Agreements shall be made without duplication.

Appears in 6 contracts

Samples: Indenture (loanDepot, Inc.), Please Insert Social Security (loanDepot, Inc.), Indenture (loanDepot, Inc.)

Accounting and Financial Determinations; No Duplication. Where the character or amount of any asset or liability or item of income or expense is required to be determined, or any accounting computation is required to be made, for the purpose of this IndentureGroup II Supplement, such determination or calculation shall be made, to the extent applicable and except as otherwise specified in this IndentureGroup II Supplement, in accordance with GAAP. When used herein, the term “financial statement” shall include the notes and schedules thereto. All accounting determinations and computations hereunder or under any other Transaction Group II Related Documents shall be made without duplication.

Appears in 5 contracts

Samples: Master Collateral Agency Agreement (Hertz Corp), Base Indenture (Hertz Global Holdings Inc), Base Indenture (Hertz Global Holdings Inc)

Accounting and Financial Determinations; No Duplication. Where the character or amount of any asset or liability or item of income or expense is required to be determined, or any accounting computation is required to be made, for the purpose of this Indenture, such determination or calculation shall be made, to the extent applicable and except as otherwise specified in this Indenture, in accordance with GAAP. When used herein, the term “financial statement” shall include the notes and schedules thereto. All accounting determinations and computations hereunder or under any other Transaction Related Documents shall be made without duplication.

Appears in 4 contracts

Samples: Collateral Agency Agreement (Hertz Global Holdings Inc), Credit Agreement (Hertz Global Holdings Inc), Credit Agreement (Hertz Corp)

Accounting and Financial Determinations; No Duplication. Where the character or amount of any asset or liability or item of income or expense is required to be determined, or any accounting computation is required to be made, for the purpose of this Indenture, such determination or calculation shall be made, to the extent applicable and except as otherwise specified in this Indenture, in accordance with GAAP. When used herein, the term "financial statement" shall include the notes and schedules thereto. All accounting determinations and computations hereunder or under any other Transaction Related Documents shall be made without duplication.

Appears in 4 contracts

Samples: Base Indenture (Avis Rent a Car Inc), Base Indenture (Avis Rent a Car Inc), Republic Industries Inc

Accounting and Financial Determinations; No Duplication. Where the character or amount of any asset or liability or item of income or expense is required to be determined, or any accounting computation is required to be made, for the purpose of this Indenturethe Indenture or any other Transaction Document, such determination or calculation shall be made, to the extent applicable and except as otherwise specified in this Indenturethe Indenture or such other Transaction Document, in accordance with GAAP. When used herein, the term “financial statement” shall include the notes and schedules thereto. All accounting determinations and computations hereunder or under any other Transaction Documents Document shall be made without duplication.

Appears in 4 contracts

Samples: Indenture (Jay Merger Sub, Inc.), Base Indenture Definitions List (Yum Brands Inc), Yum Brands Inc

Accounting and Financial Determinations; No Duplication. Where the character or amount of any asset or liability or item of income or expense is required to be determined, or any accounting computation is required to be made, for the purpose of this Indenture, such determination or calculation shall be made, to the extent applicable and except as otherwise specified in this Indenture, in accordance with GAAP. When used herein, the term "financial statement" shall include the notes and schedules thereto. All accounting determinations and computations hereunder or under any other Transaction Documents shall be made without duplication.

Appears in 2 contracts

Samples: Indenture (Greyhound Funding LLC), Greyhound Funding LLC

Accounting and Financial Determinations; No Duplication. Where the character or amount of any asset or liability or item of income or expense is required to be determined, or any accounting computation is required to be made, for the purpose of this IndentureGroup I Supplement, such determination or calculation shall be made, to the extent applicable and except as otherwise specified in this IndentureGroup I Supplement, in accordance with GAAP. When used herein, the term “financial statement” shall include the notes and schedules thereto. All accounting determinations and computations hereunder or under any other Transaction Group I Related Documents shall be made without duplication.

Appears in 2 contracts

Samples: Vehicle Title Nominee Agreement (Hertz Corp), Collateral Agency Agreement (Hertz Global Holdings Inc)

Accounting and Financial Determinations; No Duplication. Where the character or amount of any asset or liability or item of income or expense is required to be determined, or any accounting computation is required to be made, for the purpose of this Base Indenture, such determination or calculation shall be made, to the extent applicable and except as otherwise specified in this Base Indenture, in accordance with GAAP. When used herein, the term “financial statement” shall include the notes and schedules thereto. All accounting determinations and computations hereunder or under any other Transaction Master Related Documents shall be made without duplication.

Appears in 2 contracts

Samples: Collateral Agency Agreement (Hertz Corp), Collateral Agency Agreement (Hertz Global Holdings Inc)

Accounting and Financial Determinations; No Duplication. Where the character or amount of any asset or liability or item of income or expense is required to be determined, or any accounting computation is required to be made, for the purpose of this Indenture, such determination or calculation shall be made, to the extent applicable and except as otherwise specified in this Indenture, in accordance with GAAPGAAP applied on a consistent basis. When used herein, the term “financial statement” shall include the notes and schedules thereto. All accounting determinations and computations hereunder or under any other Transaction Related Documents shall be made without duplication.

Appears in 2 contracts

Samples: Cendant Corp, Vanguard Car Rental Group Inc.

Accounting and Financial Determinations; No Duplication. Where the character or amount of any asset or liability or item of income or expense is required to be determined, or any accounting computation is required to be made, for the purpose of this Indenture, such determination or calculation shall be made, to the extent applicable and except as otherwise specified in this Indenture, in accordance with GAAPGAAP applied on a consistent basis. When used herein, the term "financial statement" shall include the notes and schedules thereto. All accounting determinations and computations hereunder or under any other Transaction Related Documents shall be made without duplication.

Appears in 2 contracts

Samples: Indenture (A I Receivables Transfer Corp), Base Indenture (Anc Rental Corp)

Accounting and Financial Determinations; No Duplication. Where the character or amount of any asset or liability or item of income or expense is required to be determined, or any accounting computation is required to be made, for the purpose of this Base Indenture, such determination or calculation shall be made, to the extent applicable and except as otherwise specified in this Base Indenture, in accordance with GAAP. When used herein, the term “financial statement” shall include the notes and schedules thereto. All accounting determinations and computations hereunder or under any other Transaction Related Documents shall be made without duplication.

Appears in 2 contracts

Samples: Indenture (Hertz Corp), Indenture (Hertz Corp)

Accounting and Financial Determinations; No Duplication. Where the character or amount of any asset or liability or item of income or expense is required to be determined, or any accounting computation is required to be made, for the purpose of this Indenture, such determination or calculation shall be made, to the extent applicable and except as otherwise specified in this Indenture, in accordance with GAAP. GAAP applied on a consistent basis When used herein, the term “financial statement” shall include the notes and schedules thereto. All accounting determinations and computations hereunder or under any other Transaction Documents shall be made without duplication.

Appears in 2 contracts

Samples: Base Indenture (CHS Inc), CHS Inc

Accounting and Financial Determinations; No Duplication. Where the character or amount of any asset or liability or item of income or expense is required to be determined, or any accounting computation is required to be made, for the purpose of this Indenture, such determination or calculation shall be made, ; to the extent applicable and except as otherwise specified in this Indenture, in accordance with GAAPGAAP applied on a consistent basis. When used herein, the term “financial statement” shall include the notes and schedules thereto. All accounting determinations and computations hereunder or under any other Transaction Related Documents shall be made without duplication.

Appears in 2 contracts

Samples: Vanguard Car Rental Group Inc., Vanguard Car Rental Group Inc.

Accounting and Financial Determinations; No Duplication. Where the character or amount of any asset or liability or item of income or expense is required to be determined, or any accounting computation is required to be made, for the purpose of this Indenturethe Indenture or any other Related Document, such determination or calculation shall be made, to the extent applicable and except as otherwise specified in this the Indenture, in accordance with GAAP. When used hereinherein or in any other Related Document, the term “financial statement” shall include the notes and schedules thereto. All accounting determinations and computations hereunder or under any other Transaction Related Documents shall be made without duplication.

Appears in 2 contracts

Samples: Administration Agreement (Zipcar Inc), Collateral Agency Agreement (Zipcar Inc)

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Accounting and Financial Determinations; No Duplication. Where the character or amount of any asset or liability or item of income or expense is required to be determined, or any accounting computation is required to be made, for the purpose of this Indenture, such determination or calculation shall be made, to the extent applicable and except as otherwise specified in this Indenture, in accordance with GAAP. When used herein, the term “financial statement” shall include the notes and schedules thereto. All accounting determinations and computations hereunder or under any other Transaction Program Documents shall be made without duplication.

Appears in 2 contracts

Samples: Indenture (New Century Financial Corp), Accredited Home Lenders Holding Co

Accounting and Financial Determinations; No Duplication. Where the character or amount of any asset or liability or item of income or expense is required to be determined, or any accounting computation is required to be made, for the purpose of this IndentureAgreement, such determination or calculation shall be made, to the extent applicable and except as otherwise specified in this IndentureAgreement, in accordance with GAAP. When used herein, the term “financial statement” shall include the notes and schedules thereto. All accounting determinations and computations hereunder or under any other Transaction Program Documents shall be made without duplication.

Appears in 1 contract

Samples: Mortgage Loan Purchase and Servicing Agreement (New Century Financial Corp)

Accounting and Financial Determinations; No Duplication. Where the character or amount of any asset or liability or item of income or expense is required to be determined, or any accounting computation is required to be made, for the purpose of this Indenture, such determination or calculation shall be made, to the extent applicable and except as otherwise specified in this Indenture, in accordance with GAAP. When used herein, the term “financial statement” shall include the notes and schedules thereto. All accounting 4866-9982-4145.5 determinations and computations hereunder or under any other Transaction Documents shall be made without duplication.

Appears in 1 contract

Samples: Oportun Financial Corp

Accounting and Financial Determinations; No Duplication. Where the character or amount of any asset or liability or item of income or expense is required to be determined, or any accounting computation is required to be made, for the purpose of this Indenture, such determination or calculation shall be made, to the extent applicable and except as otherwise specified in this Indenture, in accordance with GAAP. When used herein, the term “financial statement” shall include the notes and schedules thereto. All accounting determinations and computations hereunder or under any other Transaction Documents shall be made without duplication.. requires: 4131-7662-3437

Appears in 1 contract

Samples: Indenture (Oportun Financial Corp)

Accounting and Financial Determinations; No Duplication. Where the character or amount of any asset or liability or item of income or expense is required to be determined, or any accounting computation is required to be made, for the purpose of this Indenture, such determination or calculation shall be made, to the extent 4166-0661-7649.19 applicable and except as otherwise specified in this Indenture, in accordance with GAAP. When used herein, the term “financial statement” shall include the notes and schedules thereto. All accounting determinations and computations hereunder or under any other Transaction Documents shall be made without duplication.

Appears in 1 contract

Samples: Oportun Financial Corp

Accounting and Financial Determinations; No Duplication. 4140-8886-1733.4 . Where the character or amount of any asset or liability or item of income or expense is required to be determined, or any accounting computation is required to be made, for the purpose of this Indenture, such determination or calculation shall be made, to the extent applicable and except as otherwise specified in this Indenture, in accordance with GAAP. When used herein, the term “financial statement” shall include the notes and schedules thereto. All accounting determinations and computations hereunder or under any other Transaction Documents shall be made without duplication.

Appears in 1 contract

Samples: Oportun Financial Corp

Accounting and Financial Determinations; No Duplication. Where the character or amount of any asset or liability or item of income or expense is required to be determined, or any accounting computation is required to be made, for the purpose of this IndenturePurchase Agreement, such determination or calculation shall be made, to the extent applicable and except as otherwise specified in this IndenturePurchase Agreement, in accordance with GAAP. When used herein, the term “financial statement” shall include the notes and schedules thereto. All accounting determinations and computations hereunder or under any other Transaction Program Documents shall be made without duplication.

Appears in 1 contract

Samples: Mortgage Loan Purchase and Servicing Agreement (New Century Financial Corp)

Accounting and Financial Determinations; No Duplication. Where the character or amount of any asset or liability or item of income or expense is required to be determined, or any accounting computation is required to be made, for the purpose of this Indenture, such determination or calculation shall be made, to the extent applicable and except as otherwise specified in this Indenture, in accordance with GAAP. When used herein, the term “financial statement” shall include the notes and schedules thereto. All accounting determinations and computations hereunder or under any other Transaction Documents shall be made without duplication.. requires: 4156-1338-2734

Appears in 1 contract

Samples: Indenture (Oportun Financial Corp)

Accounting and Financial Determinations; No Duplication. Where the character or amount of any asset or liability or item of income or expense is required to be determined, or any accounting computation is required to be made, for the purpose of this Indenture, such determination or calculation shall be made, to the extent applicable and except as otherwise specified in this Indenture, in accordance with GAAP. When used herein, the term “financial statement” shall include the notes and schedules thereto. All Table of Contents accounting determinations and computations hereunder or under any other Transaction Related Documents shall be made without duplication.

Appears in 1 contract

Samples: Cendant Corp

Accounting and Financial Determinations; No Duplication. Where the character or amount of any asset or liability or item of income or expense is required to be determined, or any accounting computation is required to be made, Exhibit 10.16 for the purpose of this the Indenture, such determination or calculation shall be made, to the extent applicable and except as otherwise specified in this the Indenture, in accordance with GAAP. When used herein, the term “financial statement” shall include the notes and schedules thereto. All accounting determinations and computations hereunder or under any other Transaction Documents shall be made without duplication.

Appears in 1 contract

Samples: Backup Servicing Agreement (On Deck Capital, Inc.)

Accounting and Financial Determinations; No Duplication. Where the character or amount of any asset or liability or item of income or expense is required to be determined, or any accounting computation is required to be made, for the purpose of this Indenture, such determination or calculation shall be made, to the extent applicable and except as otherwise specified in this Indenture, in accordance with GAAP. GAAP applied on a consistent basis When used herein, the term tern “financial statement” shall include the notes and schedules thereto. All accounting determinations and computations hereunder or under any other Transaction Documents shall be made without duplication.

Appears in 1 contract

Samples: Custodial Agreement (Brooke Credit CORP)

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