Accounting Procedures and Interpretation Sample Clauses

Accounting Procedures and Interpretation. Unless otherwise specified in this Agreement, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters under this Agreement shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Purchasers under this Agreement shall be prepared, in accordance with GAAP applied on a consistent basis during the periods involved (except, in the case of unaudited statements, as permitted by Form 10-Q promulgated by the Commission) and in compliance as to form in all material respects with applicable accounting requirements and with the published rules and regulations of the Commission with respect thereto.
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Accounting Procedures and Interpretation. Unless otherwise specified herein, all accounting terms used herein shall be interpreted and all determinations with respect to accounting matters hereunder shall be made in accordance with GAAP applied on a consistent basis during the periods involved (except as may be indicated in the notes thereto) and in compliance as to form in all material respects with applicable accounting requirements and with the published rules and regulations of the Commission with respect thereto.
Accounting Procedures and Interpretation. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all USWS Financial Statements and certificates and reports as to financial matters required to be furnished to the Purchasers hereunder shall be prepared, in accordance with GAAP applied on a consistent basis during the periods involved (except as may be indicated in the notes thereto or, in the case of unaudited financial statements, as permitted by Form 10-Q promulgated by the SEC) and in compliance as to form in all material respects with applicable accounting requirements and with the published rules and regulations of the SEC with respect thereto.
Accounting Procedures and Interpretation. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Agent or the Noteholders (including ACNTA calculations) hereunder shall be prepared, in accordance with GAAP, applied on a basis consistent with the Financial Statements (except for changes concurred with by the Borrower's independent public accountants).
Accounting Procedures and Interpretation. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters hereunder shall be made, and all financial statements of NEP or related to the Acquired Project Companies and the Contributed Project Companies and certificates and reports as to financial matters required to be furnished to the Purchasers hereunder shall be prepared, in accordance with GAAP applied on a consistent basis during the periods involved (except as may be indicated in the notes thereto or, in the case of unaudited statements, as permitted by Form 10-Q promulgated by the Commission) and in compliance as to form in all material respects with applicable accounting requirements and with the published rules and regulations of the Commission with respect thereto.
Accounting Procedures and Interpretation. 7 Article II AGREEMENT TO SELL AND PURCHASE 7
Accounting Procedures and Interpretation. (a) The Company shall not, and shall not permit any of its Subsidiaries to, materially change any method of accounting employed in the preparation of their financial statements from the methods employed in the preparation of the audited consolidated Financial Statements of the Company dated as of December 31, 1996, unless required to conform to GAAP or approved in writing by the Purchaser. (b) Except as expressly provided for in this Agreement, all accounting terms, definitions, ratios, and other tests described herein shall be construed in accordance with GAAP with the same basis applied in the Financial Statements described in paragraph (a) above. (c) When the financial statements or financial results of any group of Persons are described as "combined," that reference is to the financial statements or financial results of such Persons, but not their Subsidiaries, taken together on a combined basis after eliminating significant interentity balances and transactions. (d) Whenever any Basic Document refers to a determination of the number of outstanding shares using the "treasury stock method," such determination shall be based upon (1) the number of common shares outstanding, (2) plus the assumed conversion of all convertible securities into common stock, (3) plus the net additional shares outstanding assuming the exercise of all warrants and options. The net additional shares outstanding assuming the exercise of all warrants and options shall be the total new shares resulting from such exercise of the warrants and options, reduced by the number of shares that could be repurchased by the Company with the proceeds from the exercise thereof at a share price that is equal to a current market value. The current market value shall be (a) the Price or (b) if the Common Stock is not listed for trading on a national securities exchange or quoted by NASDAQ, the price per share as determined using the Estimated Private Market Equity Value.
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Accounting Procedures and Interpretation. Unless otherwise specified in this Agreement, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters under this Agreement shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Purchasers under this Agreement shall be prepared, in accordance with GAAP applied on a consistent basis during the periods involved (except, in the case of unaudited statements, as permitted by Form 10-Q promulgated by the Commission) and in compliance as to form in all material respects with applicable accounting requirements and with the published rules and regulations of the Commission with respect thereto provided that the Regency Financial Statements will be restated prior to the filing of our quarterly report on Form 10-Q for the three months ended September 30, 2006 to reflect the TexStar Acquisition as required by GAAP.
Accounting Procedures and Interpretation. (a) The Company shall not materially change any method of accounting employed in the preparation of its financial statements from the methods employed in the preparation of its audited consolidated Financial Statements dated as of December 31, 1998, unless required to conform to GAAP or approved in writing by the Purchaser. (b) Except as expressly provided for in this Agreement, all accounting terms, definitions, ratios, and other tests described herein shall be construed in accordance with GAAP with the same basis applied in the Financial Statements described in paragraph (a) above. (c) When the financial statements or financial results of any group of Persons are described as "combined," that reference is to the financial statements or financial results of such Persons taken together on a combined basis after eliminating significant interentity balances and transactions. (d) Whenever any Basic Document refers to a determination of the number of outstanding shares using the "treasury stock method," such determination shall be based upon (1) the number of common shares outstanding, (2) plus the assumed conversion of all convertible securities into common stock, (3) plus the net additional shares outstanding assuming the exercise of all warrants and options. The net additional shares outstanding assuming the exercise of all warrants and options shall be the total new shares resulting from such exercise of the warrants and options, reduced by the number of shares that could be repurchased by the Company with the proceeds from the exercise thereof at a share price that is equal to a current market value. The current market value shall be (a) the Price or (b) if the Common Stock is not listed for trading on a national securities exchange or quoted by NASDAQ, the price per share as determined using the Estimated Private Market Equity Value.

Related to Accounting Procedures and Interpretation

  • Construction and Interpretation Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, or through its agent, prepared the same, and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, have participated in the preparation hereof.

  • Definition and Interpretation 1.1 Except as otherwise defined in the terms or context hereof, the following terms in this Agreement shall have the following meanings:

  • Administration and Interpretation Any question or dispute regarding the administration or interpretation of the Notice, the Plan or this Agreement shall be submitted by the Grantee or by the Company to the Committee. The resolution of such question or dispute by the Committee shall be final and binding on all persons.

  • Accounting Procedures 7.3.1. Principal and Interest Computation.......................... 7.3.2.

  • Defined Terms and Interpretation 1.1 In this Agreement, save where the context requires otherwise, the following words, terms and expressions shall have the following meanings:

  • Definitions and Interpretations The terms "specifically approved at least annually," "vote of a majority of the outstanding voting securities," "assignment," "affiliated person," and "interested person," when used in this Agreement, shall have the respective meanings specified, and shall be construed in a manner consistent with, the Investment Company Act of 1940 and the rules and regulations promulgated thereunder. Any question of interpretation of any term or provision of this Agreement having a counterpart in or otherwise derived from a term or provision of the Investment Company Act of 1940, the Investment Advisers Act of 1940, the Securities Act of 1933, or the Securities Exchange Act of 1934 (collectively, the "Federal Securities Acts") shall be resolved by reference to such term or provision of the Federal Securities Acts and to interpretations thereof, if any, by United States federal courts or, in the absence of any controlling decisions of any such court, by rules or regulations of the Securities and Exchange Commission. Where the effect of a requirement of the Federal Securities Acts reflected in any provision of this Agreement is revised by rule or regulation of the Securities and Exchange Commission, such provisions shall be deemed to incorporate the effect of such rule or regulation.

  • Definitions and Interpretation 1.1 In this Agreement:

  • Clarifications and Interpretations It may be determined that clarifications or interpretations of the Contract Documents are necessary. Upon direction by the ODR such clarifications or interpretations will be provided by the A/E consistent with the intent of the Contract Documents. The A/E will issue these clarifications with reasonable promptness to the Contractor as Architect’s Supplemental Instruction (ASI) or similar instrument. If Contractor believes that such clarification or interpretation justifies an adjustment in the Contract Sum or the Contract Time, the Contractor shall so notify the Owner in accordance with the provisions of Article 11.

  • Captions and Interpretation The captions used in this Agreement are for convenience only. They do not affect the meaning of the paragraphs in this Agreement.

  • Interpretation of Contract Documents The Contract Documents shall be construed neither against nor in favor of either party, but shall be construed in a neutral manner.

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