Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5.
Appears in 11 contracts
Samples: Credit Agreement (Markwest Hydrocarbon Inc), Credit Agreement (U.S. Shipping Partners L.P.), Credit Agreement (Copano Energy, L.L.C.)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.47.2.3) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("“GAAP"”) applied in the preparation of the financial statements referred to in Section 6.5.
Appears in 8 contracts
Samples: Term Loan Agreement (Noble Energy Inc), Credit Agreement (Noble Energy Inc), Credit Agreement (Noble Energy Inc)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.47.2.3) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5.
Appears in 6 contracts
Samples: Credit Agreement (Bairnco Corp /De/), Term Loan Agreement (Noble Energy Inc), Credit Agreement (Northern Border Partners Lp)
Accounting and Financial Determinations. Unless otherwise --------------------------------------- specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial ------------- statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied ---- in the preparation of the financial statements referred to in Section 6.5.. -----------
Appears in 5 contracts
Samples: Credit Agreement (Roberts Pharmaceutical Corp), Credit Agreement (Markwest Hydrocarbon Inc), Credit Agreement (One Source Telecommunications Inc)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section SECTION 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section SECTION 6.5.
Appears in 4 contracts
Samples: Credit Agreement (Markwest Hydrocarbon Inc), Credit Agreement (Aegis Communications Group Inc), Credit Agreement (Markwest Hydrocarbon Inc)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be mademade in accordance with generally accepted accounting principles ("GAAP") as in effect as of December 31, and 1997, but all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied with GAAP as in the preparation of the financial statements referred effect from time to in Section 6.5time.
Appears in 3 contracts
Samples: Credit Agreement (Nextel Partners Inc), Credit Agreement (Nextel Partners Inc), Credit Agreement (Pasta Group L L C)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4SECTION 8.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5SECTION 7.7.
Appears in 3 contracts
Samples: Credit Agreement (Esenjay Exploration Inc), Credit Agreement (Esenjay Exploration Inc), Credit Agreement (Esenjay Exploration Inc)
Accounting and Financial Determinations. Unless otherwise specifiedspecified and subject to Section 1.4(b) below, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied ), as in the preparation of the financial statements referred to in Section 6.5effect on December 31, 1998 and, unless otherwise expressly provided herein, shall be computed or determined on a consolidated basis and without duplication.
Appears in 3 contracts
Samples: Credit Agreement (Charles River Laboratories Holdings Inc), Credit Agreement (Charles River Laboratories International Inc), Credit Agreement (Charles River Laboratories Inc)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared prepared, in accordance with, with those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5.
Appears in 3 contracts
Samples: Credit Agreement (Vintage Petroleum Inc), Credit Agreement (Vintage Petroleum Inc), Credit Agreement (Vintage Petroleum Inc)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") with GAAP as applied in the preparation of the historical financial statements of the Borrowers referred to in Section 6.55.04 of this Agreement.
Appears in 3 contracts
Samples: Credit and Security Agreement (Marinemax Inc), Credit and Security Agreement (Marinemax Inc), Credit and Security Agreement (Marinemax Inc)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.48.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those United States generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.57.7.
Appears in 3 contracts
Samples: Credit Agreement (Alliance Resources PLC), Credit Agreement (Alliance Resources PLC), Credit Agreement (American Rivers Oil Co /De/)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section Sections 7.2.2 and 7.2.4) shall be mademade in accordance with generally accepted accounting principles (“GAAP”) as in effect on the Effective Date of this Agreement, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance withwith GAAP as in effect on the date of, those generally accepted accounting principles ("GAAP") or for the period covered by, such financial statements, and applied in the preparation of the financial statements referred to in Section 6.5.
Appears in 3 contracts
Samples: 364 Day Credit Agreement (McCormick & Co Inc), 364 Day Credit Agreement (McCormick & Co Inc), Revolving Credit Agreement (McCormick & Co Inc)
Accounting and Financial Determinations. Unless otherwise --------------------------------------- specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial ------------- statements required to be delivered hereunder or thereunder shall be prepared prepared, in accordance with, with those generally accepted accounting principles ("GAAP") ---- applied in the preparation of the financial statements referred to in Section ------- 6.5.. ---
Appears in 2 contracts
Samples: Credit Agreement (Aristotle Corp), Credit Agreement (Vintage Petroleum Inc)
Accounting and Financial Determinations. (a) Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared prepared, in accordance with, with those generally accepted accounting principles ("GAAP") applied ), as in the preparation of the financial statements referred to in Section 6.5.effect
Appears in 2 contracts
Samples: Credit Agreement (Brand Scaffold Services Inc), Credit Agreement (Brand Scaffold Services Inc)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.47.2.3) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles in the United States ("“GAAP"”) applied in the preparation of the financial statements referred to in Section 6.5.
Appears in 2 contracts
Samples: Credit Agreement (Cimarex Energy Co), Credit Agreement (Cimarex Energy Co)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.48.2.3) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of United States at the financial statements referred to time in Section 6.5effect.
Appears in 2 contracts
Samples: Credit Agreement (Simpson Industries Inc), Credit Agreement (Simpson Industries Inc)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles in effect from time to time in the United States ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5., except that quarterly financial statements are not required to contain footnotes. ARTICLE II
Appears in 2 contracts
Samples: Credit Agreement (Edison Mission Energy), Credit Agreement (Edison Mission Energy)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") consistent with those applied in the preparation of the financial statements referred to in Section 6.57.5 ("GAAP").
Appears in 2 contracts
Samples: Credit Agreement (Warnaco Group Inc /De/), Credit Agreement (Warnaco Group Inc /De/)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.48.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred effect from time to in Section 6.5time.
Appears in 2 contracts
Samples: Bridge Credit Agreement (Calpine Corp), Credit Agreement (Calpine Corp)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("“GAAP"”) applied in the preparation of the financial statements referred to in Section 6.5.
Appears in 2 contracts
Samples: Credit Agreement (Aegis Communications Group Inc), Credit Agreement (Markwest Hydrocarbon Inc)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles in the United States ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5.
Appears in 2 contracts
Samples: Secured Term Loan Agreement (Plains Resources Inc), Credit Agreement (Cable Tv Fund 11-B LTD)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.48.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.57.7.
Appears in 2 contracts
Samples: Credit Agreement (Future Petroleum Corp/Ut/), Credit Agreement (Bargo Energy Co)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section SECTION 6.5.
Appears in 2 contracts
Samples: Quarterly Report, Credit Agreement (Price/Costco Inc)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other each Loan Document shall be interpreted, and all accounting determinations and computations hereunder or thereunder (including under Section 7.2.47.2.4 and the definitions used in such calculations) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, with those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in clause (a) of Section 6.55.1.
Appears in 2 contracts
Samples: Credit Agreement (Swift Transportation Co Inc), Credit Agreement (Swift Transportation Co Inc)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4SECTION 7.2.3) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section SECTION 6.5.
Appears in 2 contracts
Samples: 364 Day Credit Agreement (Noble Affiliates Inc), Credit Agreement (Noble Affiliates Inc)
Accounting and Financial Determinations. Unless otherwise --------------------------------------- specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5.. -----------
Appears in 1 contract
Samples: Credit Agreement (Mycogen Corp)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.48.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in effect in the preparation of the financial statements referred United States from time to in Section 6.5time.
Appears in 1 contract
Samples: Credit Agreement (Calpine Corp)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other each Loan Document shall be interpreted, and all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4SECTION 7.2.4 and the definitions used in such calculations) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, with those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5.CLAUSE (a) of SECTION
Appears in 1 contract
Samples: Credit Agreement (World Almanac Education Group Inc)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those with generally accepted accounting principles as in effect from time to time in the United States ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5), consistently applied.
Appears in 1 contract
Samples: Credit Agreement (Metrocall Inc)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.48.2.4) shall be made, and all financial statements required to /to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in effect in the preparation of the financial statements referred United States from time to in Section 6.5time.
Appears in 1 contract
Samples: Credit Agreement (Calpine Corp)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") ), as in effect on December 31, 1995, applied in the preparation of the audited financial statements referred to in Section 6.57.1.13.
Appears in 1 contract
Accounting and Financial Determinations. Unless --------------------------------------- otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the ---- preparation of the financial statements referred to in Section 6.5.
Appears in 1 contract
Accounting and Financial Determinations. Unless --------------------------------------- otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all ------------- financial statements required to be delivered hereunder or thereunder shall be prepared prepared, in accordance with, with those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in ---- Section 6.5.. -----------
Appears in 1 contract
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.55.
Appears in 1 contract
Samples: Revolving Credit Agreement (Royster-Clark Nitrogen Realty LLC)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Financing Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles in effect in the United States ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5).
Appears in 1 contract
Samples: Collateral Agency and Intercreditor Agreement (Midwest Generation LLC)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those U.S. generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5.
Appears in 1 contract
Accounting and Financial Determinations. Unless For purposes of this --------------------------------------- Agreement, unless otherwise specified, all accounting terms used herein or in any other Loan Related Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5.9.6. -----------
Appears in 1 contract
Samples: Credit Agreement (Nova Corp \Ga\)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.55.5.
Appears in 1 contract
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied as in effect on the preparation of the financial statements referred to in Section 6.5Closing Date.
Appears in 1 contract
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations commutations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the audited financial statements referred to in Section 6.5.
Appears in 1 contract
Samples: Credit Agreement (Penford Corp)
Accounting and Financial Determinations. Unless otherwise --------------------------------------- specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles in effect from time to time ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5).
Appears in 1 contract
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied ), as in the preparation of the financial statements referred effect from time to in Section 6.5time and, unless otherwise expressly provided herein, shall be computed or determined on a consolidated basis and without duplication.
Appears in 1 contract
Accounting and Financial Determinations. Unless otherwise --------------------------------------- specified, all accounting terms used herein or in any other Loan Document shall be interpreted, and all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared made in accordance with, with ------------- those generally accepted accounting principles ("GAAP") applied in the ---- preparation of the financial statements referred to in clause (a) of Section 6.5.5.1.11
Appears in 1 contract
Samples: Credit Agreement (Primestar Inc)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other each Loan Document shall be interpreted, and all accounting determinations and computations hereunder or thereunder (including under Section 7.2.48.2.4 and the definitions used in such calculations) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, with those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5.5.1.12
Appears in 1 contract
Samples: Credit Agreement (United Surgical Partners International Inc)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5consistently applied.
Appears in 1 contract
Samples: Credit Agreement (Tele Communications International Inc)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.56.6.
Appears in 1 contract
Accounting and Financial Determinations. (a) Unless otherwise specified, all accounting terms used herein or in any other each Loan Document shall be interpreted, and all accounting determinations and computations hereunder or thereunder (including under Section 7.2.47.2.4 and the definitions used in such calculations) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, with those generally accepted accounting principles ("“GAAP"”) applied in the preparation of the financial statements referred to in Section 6.5.statements
Appears in 1 contract
Samples: Credit Agreement (Hanesbrands Inc.)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5SECTION 5.5.
Appears in 1 contract
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied as in the preparation effect as of the financial statements referred to in Section 6.5April 24, 1999.
Appears in 1 contract
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all ------------- financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles in the United States ("GAAP") ), in each case, applied in (subject to the preparation provisions of the financial statements referred to in Section 6.5.---- Section
Appears in 1 contract
Samples: Loan Agreement (Amax Gold Inc)
Accounting and Financial Determinations. (a) Unless otherwise specified, all accounting terms used herein or in any other each Loan Document shall be interpreted, and all accounting determinations and computations hereunder or thereunder (including under Section 7.2.47.2.4 and the definitions used in such calculations) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, with those U.S. generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in clause (a) of Section 6.55.1.
Appears in 1 contract
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied ), as in the preparation of the financial statements referred to in Section 6.5effect on December 28, 1996 and, unless otherwise expressly provided herein, shall be computed or determined on a consolidated basis and without duplication.
Appears in 1 contract
Samples: Credit Agreement (Duane Reade Inc)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, and all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.55.
Appears in 1 contract
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.47.1 and 7.2) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those Canadian generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5).
Appears in 1 contract
Samples: Credit and Guarantee Agreement (Kaiser Francis Oil Co)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles in the United States ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5).
Appears in 1 contract
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared made in accordance with, with those generally accepted accounting principles ("GAAP") applied as in the preparation of the effect on December 31, 1997 and, unless otherwise expressly provided herein, shall be computed or determined on a consolidated basis and without duplication. All financial statements referred required to be delivered hereunder or under any other Loan Document shall be prepared in Section 6.5accordance with GAAP as in effect as at the date of such financial statements.
Appears in 1 contract
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those U.S. generally accepted accounting principles ("“GAAP") ”), consistently applied, which were applied in the preparation of the financial statements referred to in Section 6.5.
Appears in 1 contract
Accounting and Financial Determinations. Unless otherwise --------------------------------------- specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial ------------- statements required to be delivered hereunder or thereunder shall be prepared prepared, in accordance with, with those generally accepted accounting principles ("GAAP") ---- applied in the preparation of the financial statements referred to in Section 6.56.5 .
Appears in 1 contract
Samples: Credit Agreement (Aristotle Corp)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4SECTION 8.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5SECTION 7.5.
Appears in 1 contract
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section SECTION 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those U.S. generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section SECTION 6.5.
Appears in 1 contract
Accounting and Financial Determinations. Unless otherwise --------------------------------------- specified, all accounting terms used herein or in any other Loan Document shall be interpreted, and all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, ------------- those generally accepted accounting principles ("GAAP") applied in the ---- preparation of the financial statements referred to in clause (a) of Section 6.5---------- ------- 5.
Appears in 1 contract
Accounting and Financial Determinations. Unless otherwise --------------------------------------- specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial ------------- statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") ---- applied in the preparation of the audited financial statements referred to in Section 6.5.. -----------
Appears in 1 contract
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.48.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("“GAAP"”) applied in the preparation of the financial statements referred to in Section 6.57.7.
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Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.48.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5.
Appears in 1 contract
Samples: Credit Agreement (Pogo Producing Co)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, and all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, with those generally accepted accounting principles in effect in the United States from time to time applied on a consistent basis ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5).
Appears in 1 contract
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, with5 those generally accepted accounting principles in the United States ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5.
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Samples: Revolving Line of Credit Agreement (Winokur Herbert S Jr)
Accounting and Financial Determinations. Unless otherwise --------------------------------------- specified, all accounting terms used herein or in any other Loan Document shall be interpreted, and all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, ------------- those generally accepted accounting principles ("GAAP") applied in the ---- preparation of the financial statements referred to in clause (a) of Section 6.5.---------- -------
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Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5.. ARTICLE II
Appears in 1 contract
Samples: Credit Agreement (Cencom Cable Income Partners Ii L P)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section SECTION 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section SECTION 6.5.. Without limitation of the foregoing, for purposes of the defined terms
Appears in 1 contract
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") ), consistently applied, which were applied in the preparation of the financial statements referred to in Section 6.5.
Appears in 1 contract
Samples: Credit Agreement (Energy Search Inc)
Accounting and Financial Determinations. Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4Section
7.2.1) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those with generally accepted accounting principles as in effect from time to time in the United States ("GAAP") applied in the preparation of the financial statements referred to in Section 6.5), consistently applied.
Appears in 1 contract
Samples: Credit Agreement (Metrocall Inc)
Accounting and Financial Determinations. (a) Unless otherwise specified, all accounting terms used herein or in any other Loan Document shall be interpreted, and all accounting determinations and computations hereunder or thereunder (including under Section 7.2.4) shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared in accordance with, those generally accepted accounting principles ("GAAP") applied in the preparation of the financial statements referred to in Section 6.55.1. Unless otherwise expressly provided, all financial covenants and defined financial terms shall be computed on a consolidated basis for the Borrower and its Subsidiaries, in each case without duplication.
Appears in 1 contract
Samples: Credit Agreement (Titan Corp)
