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 (Sonoma Systems), Loan and Security Agreement (Limelight Networks, Inc.), Loan and Security Agreement (Internap Network Services 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 (Pharsight Corp), Loan and Security Agreement (Silicon Storage Technology 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 (Momenta Pharmaceuticals Inc), Loan and Security Agreement (Viacell 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 (Optika Imaging Systems Inc), Loan and Security Agreement (Inventa Technologies Inc), Loan and Security Agreement (Cosine Communications 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 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 and Security Agreement (Cyoptics Inc), Loan and Security Agreement (Cyoptics 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 12 contracts
Samples: Loan and Security Agreement (Quicklogic Corporation), Loan and Security Agreement (Immunicon Corp), 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 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 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 (Poniard Pharmaceuticals, 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 and Security Agreement (Momenta Pharmaceuticals 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 (Telular Corp), Loan and Security Agreement (Aprimo, INC), Loan and Security Agreement (Technest Holdings 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 "
Appears in 3 contracts
Samples: Loan and Security Agreement (Applied Molecular Evolution Inc), Loan and Security Agreement (I Flow Corp /De/), Loan Agreement (Ats Medical Inc)
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: Export Import Bank Loan and Security Agreement (Invision Technologies Inc), Loan and Security Agreement (Matrixone Inc), Loan and Security Agreement (Packeteer 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 (Dpac Technologies Corp), Loan and Security Agreement (Kintera 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. 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 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: Loan Modification Agreement (Phase Forward Inc), Loan Modification Agreement (Phase Forward Inc)
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 "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. This Agreement shall be construed to impart upon Bank a duty to act reasonably at all times. 2
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 other Loan Document.
Appears in 1 contract
Samples: Loan and Security Agreement (Thomas Weisel Partners Group, Inc.)
ACCOUNTING AND OTHER TERMS. Accounting terms not defined in this Agreement will be construed following 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 "“includes” always mean “including (or includes) without limitation,” in this or any Loan Document.
Appears in 1 contract
Samples: Loan and Security Agreement (North American Scientific 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 be construed following GAAP. Calculations and determinations must be made following GAAP. The term "financial statements" includes the notes and schedulesschedules attached thereto. 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 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
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. Accounting terms not defined used in this Agreement and not specifically defined herein 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
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 Except where otherwise indicated herein, 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 "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 "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 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, if any. The terms "including" and "includes" always mean "including (or includes) without limitation," in this or any Loan Document.
Appears in 1 contract
Samples: Loan and Security Agreement (Vascular 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 "
Appears in 1 contract
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 "“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 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) but not limited to," in this or any Loan Document.
Appears in 1 contract
Samples: Loan and Security Agreement (Isis Pharmaceuticals Inc)
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)
