Accounting Terms and Calculations. Except as may be expressly provided to the contrary herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP. To the extent any change in GAAP affects any computation or determination required to be made pursuant to this Agreement, such computation or determination shall be made as if such change in GAAP had not occurred unless the Borrower and the Bank agree in writing on an adjustment to such computation or determination to account for such change in GAAP.
Appears in 13 contracts
Samples: Credit Agreement (MidWestOne Financial Group, Inc.), Credit Agreement (West Bancorporation Inc), Credit Agreement (Cadence Bancorporation)
Accounting Terms and Calculations. Except as may be expressly provided to the contrary herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP. To the extent any change in GAAP affects any computation or determination required to be made pursuant to this Agreement, such computation or determination shall be made as if such change in GAAP had not occurred unless the Borrower and the Bank Majority Banks agree in writing on an adjustment to such computation or determination to account for such change in GAAP.
Appears in 7 contracts
Samples: Credit Agreement (Lecg Corp), Credit Agreement (Norstan Inc), Employment Agreement (Damark International Inc)
Accounting Terms and Calculations. Except as may be expressly provided to the contrary herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP. To the extent any change in GAAP affects any computation or determination required to be made pursuant to this Agreement, such computation or determination shall be made as if such change in GAAP had not occurred unless the Borrower and the Bank agree in writing on an adjustment to such computation or determination to account for such change in GAAP.
Appears in 4 contracts
Samples: Credit Agreement (Marten Transport LTD), Credit Agreement (Marten Transport LTD), Credit Agreement (Marten Transport LTD)
Accounting Terms and Calculations. Except as may be expressly provided to the contrary herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP. To the extent any change in GAAP affects any computation or determination required to be made pursuant to this Agreement, such computation or determination shall be made as if such change in GAAP had not occurred unless the Borrower Company and the Bank agree in writing on an adjustment to such computation or determination to account for such change in GAAP.
Appears in 4 contracts
Samples: Letter of Credit Reimbursement Agreement (RTW Inc /Mn/), Credit Agreement (Piper Jaffray Companies Inc), Credit Agreement (Piper Jaffray Companies Inc)
Accounting Terms and Calculations. Except as may be expressly provided to the contrary herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance conformity with GAAP. To the extent any change in GAAP after the Signing Date affects any computation or determination required to be made pursuant to this Agreement, such computation or determination shall be made as if such change in GAAP had not occurred unless the Borrower Company and the Bank Banks agree in writing on an adjustment to such computation or determination to account for such change in GAAP.
Appears in 4 contracts
Samples: Credit Agreement (Best Buy Co Inc), Credit Agreement (Best Buy Co Inc), Credit Agreement (Best Buy Co Inc)
Accounting Terms and Calculations. Except as may be expressly provided to the contrary herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made on a consolidated basis for the Borrower and the Subsidiaries and in accordance with GAAP. To the extent any change in GAAP affects any computation or determination required to be made pursuant to this Agreement, such computation or determination shall be made as if such change in GAAP had not occurred unless the Borrower and the Bank Lender agree in writing on an adjustment to such computation or determination to account for such change in GAAP.
Appears in 4 contracts
Samples: Credit Agreement (Galaxy Gaming, Inc.), Credit Agreement (Galaxy Gaming, Inc.), Credit Agreement (Gaming Partners International CORP)
Accounting Terms and Calculations. Except as may be expressly provided to the contrary herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP. To the extent any change in GAAP affects any computation or determination required to be made pursuant to this Agreement, such computation or determination shall be made as if such change in GAAP had not occurred unless the Borrower and the Bank agree in writing on an adjustment to such computation or determination to account for such change in GAAP.
Appears in 3 contracts
Samples: Credit Agreement (Universal Electronics Inc), Credit Agreement (Universal Electronics Inc), Credit Agreement (Universal Electronics Inc)
Accounting Terms and Calculations. Except as may be expressly provided to the contrary herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP, consistently applied. To the extent any change in GAAP affects any computation or determination required to be made pursuant to this Agreement, such computation or determination shall be made as if such change in GAAP had not occurred unless the Borrower Sellers and the Bank Buyers agree in writing on an adjustment to such computation or determination to account for such change in GAAP.
Appears in 2 contracts
Samples: Contract Purchase Agreement (Patterson Dental Co), Contract Purchase Agreement (Patterson Dental Co)
Accounting Terms and Calculations. Except as may be expressly provided to the contrary herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP. To the extent any change in GAAP affects any computation or determination required to be made pursuant to this Agreement, such computation or determination shall be made as if such change in GAAP had not occurred unless the Borrower Borrowers and the Bank Majority Banks agree in writing on an adjustment to such computation or determination to account for such change in GAAP.
Appears in 2 contracts
Samples: Credit Agreement (Cabelas Inc), Credit Agreement (Cabelas Inc)
Accounting Terms and Calculations. Except as may be expressly provided to the contrary herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP. To the extent any change in GAAP affects any computation or determination required to be made pursuant to this Agreement, such computation or determination shall be made as if such change in GAAP had not occurred unless the Borrower Borrowers and the Bank Banks agree in writing on an adjustment to such computation or determination to account for such change in GAAP.
Appears in 2 contracts
Samples: Credit Agreement (Pilgrim America Capital Corp), Credit Agreement (Pilgrim Capital Corp)
Accounting Terms and Calculations. Except as may be expressly provided to the contrary herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP. To the extent any change in GAAP affects any computation or determination required to be made pursuant to this Agreement, such computation or determination shall be made as if such change in GAAP had not occurred unless the Borrower Borrowers and the Bank Agent agree in writing on an adjustment to such computation or determination to account for such change in GAAP.
Appears in 2 contracts
Samples: Credit Agreement (Sunlink Health Systems Inc), Credit Agreement (Sunlink Health Systems Inc)
Accounting Terms and Calculations. Except as may be expressly provided to the contrary herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP. To the extent any change in GAAP affects any computation or determination required to be made pursuant to this Agreement, such computation or determination shall be made as if such change in GAAP had not occurred unless the Borrower Issuer and the Bank Purchaser agree in writing on an adjustment to such computation or determination to account for such change in GAAP.
Appears in 2 contracts
Samples: Subordination Agreement (Transport America, Inc.), Subordination Agreement (Transport America, Inc.)
Accounting Terms and Calculations. Except as may be expressly provided to the contrary herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP. To the extent any change in GAAP affects any computation or determination required to be made pursuant to this Agreement, such computation or determination shall be made as if such change in GAAP had not occurred unless the Borrower Borrowers and the Bank Required Lenders agree in writing on an adjustment to such computation or determination to account for such change in GAAP.
Appears in 2 contracts
Samples: Credit Agreement (Golden Oval Eggs LLC), Credit Agreement (Golden Oval Eggs LLC)
Accounting Terms and Calculations. Except as may be expressly provided to the contrary herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP. To the extent any change in GAAP affects any computation or determination required to be made pursuant to this Agreement, such computation or determination shall be made as if such change in GAAP had not occurred unless the Borrower and the Bank Majority Lenders agree in writing on an adjustment to such computation or determination to account for such change in GAAP.
Appears in 2 contracts
Samples: Credit Agreement (Reliastar Financial Corp), Credit Agreement (Matrix Bancorp Inc)
Accounting Terms and Calculations. Except as may be expressly provided to the contrary herein, all All accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP. To the extent any change in GAAP after the date hereof affects any computation or determination required to be made pursuant to this Agreement, such computation or determination shall be made as if such change in GAAP had not occurred unless the Borrower and the Bank agree in writing on an adjustment to such computation or determination to account for such change in GAAP.
Appears in 2 contracts
Samples: Credit Agreement (Municipal Mortgage & Equity LLC), Warehousing Credit Agreement (Ebank Financial Services Inc)
Accounting Terms and Calculations. Except as may be expressly provided to the contrary herein, all All accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP. To the extent any change in GAAP after the date hereof affects any computation or determination required to be made pursuant to this Agreement, such computation or determination shall be made as if such change in GAAP had not occurred unless the Borrower and the Bank Lender agree in writing on an adjustment to such computation or determination to account for such change in GAAP.
Appears in 2 contracts
Samples: Loan Agreement (Zamba Corp), Loan Agreement (Entrx Corp)
Accounting Terms and Calculations. Except as may be expressly provided to the contrary herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP. To the extent any change in GAAP affects any computation or determination required to be made pursuant to this Agreement, such computation or determination shall be made as if such change in GAAP had not occurred unless the Borrower Borrowers and the Bank Required Banks agree in writing on an adjustment to such computation or determination to account for such change in GAAP.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Commercial Vehicle Group, Inc.)
Accounting Terms and Calculations. Except as may be expressly provided to the contrary herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP. To the extent any change in GAAP affects any computation or determination required to be made pursuant to this Agreement, such computation or determination shall be made as if such change in GAAP had not occurred unless the Borrower Borrowers and the Bank Majority Banks agree in writing on an adjustment to such computation or determination to account for such change in GAAP.
Appears in 1 contract
Samples: Credit Agreement (Dolan Media CO)
Accounting Terms and Calculations. Except as may be expressly provided to the contrary hereinherein or in the Management Contract, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP. To the extent any change in GAAP affects any computation or determination required to be made pursuant to this Agreement, such computation or determination shall be made as if such change in GAAP had not occurred unless the Borrower Tribe and the Bank agree in writing on an adjustment to such computation or determination to account for such change in GAAP.
Appears in 1 contract
Accounting Terms and Calculations. Except as may be expressly provided to the contrary herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made on a consolidated basis for the Borrower and the Subsidiaries and in accordance with GAAP. To the extent any change in GAAP affects any computation or determination required to be made pursuant to this Agreement, such computation or determination shall be made as if such change in GAAP had not occurred unless the Borrower and the Bank Lenders agree in writing on an adjustment to such computation or determination to account for such change in GAAP.
Appears in 1 contract
Accounting Terms and Calculations. Except as may be --------------------------------- expressly provided to the contrary herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP. To the extent any change in GAAP affects any computation or determination required to be made pursuant to this Agreement, such computation or determination shall be made as if such change in GAAP had not occurred unless the Borrower and the Bank Agent, USBNA (so long as it is a Bank) and the Co-Agents agree in writing on an adjustment to such computation or determination to account for such change in GAAP.
Appears in 1 contract
Samples: Credit Agreement (Buca Inc /Mn)
Accounting Terms and Calculations. Except as may be expressly provided to the contrary herein, all All accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP. To the extent any change in GAAP after the date hereof affects any computation or determination required to be made pursuant to this Agreement, such computation or determination shall be made as if such change in GAAP had not occurred unless the Borrower Borrowers and the Bank agree in writing on an adjustment to such computation or determination to account for such change in GAAP.
Appears in 1 contract
Samples: Revolving Credit Agreement (American Home Mortgage Investment Corp)
Accounting Terms and Calculations. Except as may be expressly provided to the contrary herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP. To the extent any change in GAAP affects any computation or determination required to be made pursuant to this Agreement, such computation or determination shall be made as if such change in GAAP had not occurred unless the Borrower Borrowers and the Bank agree in writing on an adjustment to such computation or determination to account for such change in GAAP.
Appears in 1 contract
Accounting Terms and Calculations. Except as may be expressly provided to the contrary herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP. To the extent any change in GAAP affects any computation or determination required to be made pursuant to this Agreement, such computation or determination shall be made as if such change in GAAP had not occurred unless the Borrower and the Bank Required Lenders agree in writing on an adjustment to such computation or determination to account for such change in GAAP.
Appears in 1 contract
Accounting Terms and Calculations. Except as may be expressly provided to the contrary herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP, consistently applied. To the extent any change in GAAP affects any computation or determination required to be made pursuant to this Agreement, such computation or determination shall be made as if such change in GAAP had not occurred unless the Borrower Seller and the Bank Buyers agree in writing on an adjustment to such computation or determination to account for such change in GAAP.
Appears in 1 contract
Samples: Contract Purchase Agreement (Patterson Companies, Inc.)
Accounting Terms and Calculations. Except as may be --------------------------------- expressly provided to the contrary herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP. To the extent any change in GAAP affects any computation or determination required to be made pursuant to this Agreement, such computation or determination shall be made as if such change in GAAP had not occurred unless the Borrower and the Bank Agent and the Majority Banks agree in writing on an adjustment to such computation or determination to account for such change in GAAP.
Appears in 1 contract
Samples: Credit Agreement (Buca Inc /Mn)
Accounting Terms and Calculations. Except as may be expressly provided to the contrary herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP. To the extent any change in GAAP affects any computation or determination required to be made pursuant to this Agreement, such computation or determination shall be made as if such change in GAAP had not occurred unless the Borrower Representative and the Bank agree in writing on an adjustment to such computation or determination to account for such change in GAAP.
Appears in 1 contract
Samples: Credit Agreement (California Community Bancshares Inc)
Accounting Terms and Calculations. Except as may be --------------------------------- expressly provided to the contrary herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP. To the extent any change in GAAP affects any computation or determination required to be made pursuant to this Agreement, such computation or determination shall be made as if such change in GAAP had not occurred unless Omega on behalf of the Borrower Borrowers and the Bank Majority Banks agree in writing on an adjustment to such computation or determination to account for such change in GAAP.
Appears in 1 contract
Accounting Terms and Calculations. Except as may be expressly provided to the contrary herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP. To the extent any change in GAAP affects any computation or determination required to be made pursuant to this Agreement, such computation or determination shall be made as if such change in GAAP had not occurred unless the Borrower Borrowers and the Bank Lender agree in writing on an adjustment to such computation or determination to account for such change in GAAP.
Appears in 1 contract
Accounting Terms and Calculations. Except as may be expressly provided to the contrary herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP. To the extent any change in GAAP affects any computation or determination required to be made pursuant to this Agreement, such computation or determination shall be made as if such change in GAAP had not occurred unless the Borrower and the Bank Required Lender agree in writing on an adjustment to such computation or determination to account for such change in GAAP.
Appears in 1 contract
Accounting Terms and Calculations. Except as may be expressly provided to the contrary herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder (including, without limitation, determination of compliance with financial ratios and restrictions in Articles 8 and 9 hereof) shall be made in accordance with GAAPGAAP consistently applied. To the extent any change in GAAP affects any computation or determination required to be made pursuant to this Agreement, such computation or determination shall be made as if such change in GAAP had not occurred unless the Borrower and the Bank agree in writing on an adjustment to such computation or determination to account for such change in GAAP.
Appears in 1 contract
