Common use of ACCOUNTING AND OTHER TERMS Clause in Contracts

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 (Maxim Pharmaceuticals Inc), Loan and Security Agreement (Pacific Biometrics Inc), Loan and Security Agreement (Simione Central Holdings Inc)

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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 (Vista Information Solutions Inc), Loan and Security Agreement (Hie 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 (Home Director Inc), Loan and Security Agreement (Integrated Packaging Assembly Corp), Loan and Security Agreement (At Home 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"/ "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 (Silicon Gaming Inc), Loan and Security Agreement (SQL Financials International Inc /De), Loan and Security Agreement (Astea 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"/ 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 (Natural Microsystems Corp), Loan and Security Agreement (Ibasis 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), Loan and Security Agreement (Vtel Corp), 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 (Anda Networks Inc), Loan and Security Agreement (Versata 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 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"/ "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 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 Modification Agreement (Quintus Corp), Loan and Security Agreement (Hybridon 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

Samples: Loan Modification Agreement (Orapharma 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 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"/ 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 (Snowball Com 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. 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 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

Samples: Loan and Security Agreement (Sonus 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 1 contract

Samples: Loan and Security Agreement (Safeguard Health Enterprises Inc)

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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"! "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"/ "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 (Stericycle Inc)

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

Samples: Loan Agreement (Lionbridge Technologies Inc /De/)

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

Samples: Loan and Security Agreement (Sage Inc/Ca)

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

Samples: Loan and Security Agreement (Opus360 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

Samples: Loan and Security Agreement (Matrixone 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"/ 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 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)

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