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 (MMC Networks Inc), Loan and Security Agreement (Allaire Corp), Loan and Security Agreement (Safeguard Health Enterprises Inc)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "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 (Endocare 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 (Wavephore Inc), Loan and Security Agreement (E Loan Inc), 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 (Open Market Inc), Loan and Security Agreement (Silicon Gaming Inc), Loan and Security Agreement (C-Bridge Internet Solutions 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 (Silknet Software Inc), Loan and Security Agreement (Juno Online Services Inc), 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), Senior Subordinated Loan and Security Agreement (Objectspace Inc), Loan and Security Agreement (Vtel Corp)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.include
Appears in 4 contracts
Samples: Loan and Security Agreement (Imanage Inc), Loan and Security Agreement (Imanage Inc), Loan and Security Agreement (Imanage 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 "terms “financial statements" ” shall include the notes and schedules thereto. The All other terms "including"/ "includes" contained in this Agreement, unless otherwise indicated, shall always be read as have the meaning "including (or includes) without limitation", when used herein or in any other Loan Documentprovided by the Code to the extent such terms are defined therein.
Appears in 4 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Lightpath Technologies Inc), Loan and Security Agreement (Lightpath 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"/ "“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 (Versata Inc), Loan and Security Agreement (Focus Enhancements Inc), Loan and Security Agreement (Anda Networks Inc)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ 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"/ "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"/ "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.terms
Appears in 2 contracts
Samples: Loan and Security Agreement (Faxsav Inc), Loan and Security Agreement (Faxsav 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 refer to the financial statements of Borrower prepared on a separate company basis and 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 (Ribogene Inc / Ca/), Loan and Security Agreement (Hybrid Networks Inc)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includesincluding"/"includes" shall always be read as meaning "including (or includes) without limitation", ," when used herein or in any other Loan Document.
Appears in 2 contracts
Samples: Loan and Security 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"/ "includes" shall always be read as meaning "including (or includes) without limitation", " when used herein or in any other Loan Document.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically -------------------------- defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ including" 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 the notes and schedules thereto. The terms "including"/ "includesincluding"/"includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto, 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
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"/ "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 or any other Loan Document shall be construed in all the Loan Documents in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includesincluding"/"includes" shall always be read as meaning "including (or includes) without limitation", ," when used herein or in any other Loan Document.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includes" shall always be read as meaning "including (or includes) without limitation", ," when used herein or in any other Loan Document.
Appears in 1 contract
Samples: Loan and Security Agreement (Safeguard Health Enterprises Inc)
ACCOUNTING AND OTHER TERMS. All accounting terms not -------------------------- specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ including" or "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 1 contract
Samples: Loan and Security Agreement (Esperion Therapeutics Inc/Mi)
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include include, for all statements other than interim statements, the notes and schedules thereto. The terms "including"/ including" and "includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 1 contract
Samples: Loan and Security Agreement (Mission Critical Software Inc)
ACCOUNTING AND OTHER TERMS. All accounting terms not -------------------------- specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "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. The terms "including"/ including" / "includes" shall always be read as meaning "including (or includes) without limitation", ," when used herein or in any other Loan Document.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically -------------------------- defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includesincluding"/"includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ "includesincluding"/"includes" shall always be read as meaning "including (or includes) without limitation", when used herein or in any other Loan Document.
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. All accounting terms not specifically -------------------------- defined herein shall be construed in accordance with GAAP and all calculations and determinations made hereunder shall be made in accordance with GAAP. When used herein, the term "financial statements" shall include the notes and schedules thereto. The terms "including"/ 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 .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
