ACCOUNTING AND OTHER TERMS. Unless otherwise expressly provided herein, each accounting term used herein shall have the meaning given it under GAAP. All terms used in this Agreement which are defined in Article 8 or Article 9 of the Code and which are not otherwise defined herein shall have the same meanings herein as set forth therein.
Appears in 14 contracts
Samples: Note and Warrant Purchase Agreement (Progressive Gaming International Corp), Financing Agreement (Loud Technologies Inc), Financing Agreement (PRG Schultz International Inc)
ACCOUNTING AND OTHER TERMS. Unless otherwise expressly provided herein, each accounting term used herein shall have the meaning given to it under GAAP. All terms used in this Agreement which are defined in Article 8 or Article 9 of the Code UCC and which are not otherwise defined herein shall have the same meanings herein as set forth therein.
Appears in 10 contracts
Samples: Superpriority Debtor in Possession Credit Agreement (James River Coal CO), Revolving Credit Agreement (James River Coal CO), Credit Agreement (Global Power Equipment Group Inc/)
ACCOUNTING AND OTHER TERMS. Unless otherwise expressly provided herein, each accounting term used herein shall have the meaning given it under GAAPGAAP applied on a basis consistent with those used in preparing the Financial Statements. All terms used in this Agreement which are defined in Article 8 or Article 9 of the Uniform Commercial Code in effect in the State of New York on the date hereof and which are not otherwise defined herein shall have the same meanings herein as set forth therein.
Appears in 9 contracts
Samples: Financing Agreement (High Voltage Engineering Corp), Financing Agreement (Enherent Corp), Financing Agreement (Enherent Corp)
ACCOUNTING AND OTHER TERMS. Unless otherwise expressly provided herein, each accounting term used herein shall have the meaning given it under GAAP. All terms used in this Agreement which are defined in Article 8 or Article 9 of the Code UCC and which are not otherwise defined herein shall have the same meanings herein as set forth therein.
Appears in 5 contracts
Samples: Credit Agreement (Falcon Products Inc /De/), Senior Secured Credit Agreement (SOI Holdings, Inc.), Credit Agreement (Avado Brands Inc)
ACCOUNTING AND OTHER TERMS. Unless otherwise expressly provided herein, each accounting term used herein shall have the meaning given it under GAAP. All terms used in this Agreement which are defined in Article 8 or Article 9 of the Code as in effect from time to time in the State of New York and which are not otherwise defined herein shall have the same meanings herein as set forth therein.
Appears in 5 contracts
Samples: Credit Agreement (Imperial Petroleum Inc), Financing Agreement (Redback Networks Inc), Financing Agreement (Xcel Pharmaceuticals Inc)
ACCOUNTING AND OTHER TERMS. Unless otherwise expressly provided herein, each accounting term used herein shall have the meaning given it under GAAPGAAP applied on a basis consistent with those used in preparing the Financial Statements. All terms used in this Agreement which are defined in Article 8 or Article 9 of the Uniform Commercial Code in effect in the State of New York on the date hereof and which are not otherwise defined herein shall have the same meanings herein as set forth therein.
Appears in 4 contracts
Samples: Financing Agreement (Norton McNaughton Inc), Financing Agreement (Starband Communications Inc), Financing Agreement (Chic by H I S Inc)
ACCOUNTING AND OTHER TERMS. Unless otherwise expressly -------------------------- provided herein, each accounting term used herein shall have the meaning given it under GAAPGAAP applied on a basis consistent with those used in preparing the Financial Statements. All terms used in this Agreement which are defined in Article 8 or Article 9 of the Uniform Commercial Code in effect in the State of New York on the date hereof and which are not otherwise defined herein shall have the same meanings herein as set forth therein.
Appears in 3 contracts
Samples: Term Loan Agreement (Polyphase Corp), Financing Agreement (Norton McNaughton Inc), Financing Agreement (McNaughton Apparel Group Inc)
ACCOUNTING AND OTHER TERMS. Unless otherwise expressly provided herein, each accounting term used herein shall have the meaning given it under GAAP. All terms used in this Agreement which are defined in Article 8 or Article 9 of the Uniform Commercial Code in effect in the State of New York on the date hereof and which are not otherwise defined herein shall have the same meanings herein as set forth therein.
Appears in 2 contracts
Samples: Financing Agreement (Coram Healthcare Corp), Loan Agreement (Sunterra Corp)
ACCOUNTING AND OTHER TERMS. Unless otherwise expressly provided herein, each accounting term used herein shall have the meaning given it under GAAPGAAP applied on a basis consistent with those used in preparing the Financial Statements. All terms used in this Agreement which are defined in Article 8 or Article 9 of the Uniform Commercial Code as in effect in the State of New York (the “Uniform Commercial Code”) and which are not otherwise defined herein shall have the same meanings herein as set forth therein.
Appears in 2 contracts
Samples: Credit Agreement (Idleaire Technologies Corp), Senior Secured Post Petition Note Purchase Agreement (Anchor Glass Container Corp /New)
ACCOUNTING AND OTHER TERMS. Unless otherwise expressly provided herein, each accounting term used herein shall have the meaning given to it under GAAP. All terms used in this Agreement which are defined in Article 8 or Article 9 of the Code UCC and which are not otherwise defined herein shall have the same meanings herein as set forth therein.. 35
Appears in 1 contract
ACCOUNTING AND OTHER TERMS. Unless otherwise expressly provided herein, each accounting term used herein shall have the meaning given to it under GAAP. All terms used in this Agreement which are defined in Article 8 or Article 9 of the Code PPSA and which are not otherwise defined herein shall have the same meanings herein as set forth therein.
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Primus Telecommunications Group Inc)
ACCOUNTING AND OTHER TERMS. Unless otherwise expressly provided herein, each accounting term used herein shall have has the meaning given to it under GAAP. All terms used in this Agreement which are defined in Article 8 or Article 9 of the Code UCC and which are not otherwise defined herein shall have the same meanings herein as set forth therein.
Appears in 1 contract
Samples: Senior Secured Super Priority Credit Agreement (Isolagen Inc)
ACCOUNTING AND OTHER TERMS. Unless otherwise expressly provided herein, each accounting term used herein shall have the meaning given it under GAAP. All terms used in this Agreement which are defined in Article 8 or Article 9 of the Code and which are not otherwise defined herein shall have the same meanings herein as set forth therein; and when used to define a category or categories of collateral owned or hereafter acquired by any Borrower or Guarantor which may be subject to the provisions of the PPSA, the such term shall include the equivalent category or categories of collateral under the PPSA.
Appears in 1 contract
Samples: Financing Agreement (Magnetek Inc)
ACCOUNTING AND OTHER TERMS. Unless otherwise expressly provided herein, each accounting term used herein shall have the meaning given to it under GAAP. All terms used in this Agreement which are defined in Article 8 or Article 9 of the Code UCC and which are not otherwise defined herein shall have the same meanings herein as set forth therein.. NY12534:166729.34
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Oppenheimer Holdings Inc)
ACCOUNTING AND OTHER TERMS. Unless otherwise expressly provided herein, each accounting term used herein shall have the meaning given it under GAAP. All terms used in this Agreement which are defined in Article 1, Article 8 or Article 9 of the Code UCC and which are not otherwise defined herein shall have the same meanings herein as set forth therein.
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Overhill Farms Inc)
