Common use of Accounting Terms and Principles Clause in Contracts

Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement hereafter adopted by Borrower shall be given effect for purposes of measuring compliance with any provision of Article VI or VII unless the Borrower, the Agent and the Required Lenders agree to modify such provisions to reflect such changes in GAAP and, unless such provisions are modified, all financial statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 2 contracts

Samples: Credit Agreement (Hemisphere Media Group, Inc.), Credit Agreement (Hemisphere Media Group, Inc.)

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Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement hereafter adopted by Borrower a Loan Party shall be given effect for purposes of measuring compliance with any provision of Article VI or VII V unless the BorrowerLoan Parties, the Agent Agents and the Required Lenders agree to modify such provisions to reflect such changes in GAAP and, unless such provisions are modified, all financial statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Postmedia Network Canada Corp.), Revolving Credit Agreement (Postmedia Network Canada Corp.)

Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement hereafter adopted by Borrower CryoLife shall be given effect for purposes of measuring compliance with any provision of Article V or VI or VII unless the BorrowerBorrowers, the Agent and the Required Lenders agree to modify such provisions to reflect such changes in GAAP and, unless such provisions are modified, all financial statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 2 contracts

Samples: Credit Agreement (Cryolife Inc), Credit Agreement (Cryolife Inc)

Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement Financial Statement hereafter adopted by the Borrower shall be given effect for purposes of measuring if such change would affect a calculation that measures compliance with any provision of Article VI V or VII unless the Borrower, the Administrative Agent and the Required Lenders agree to modify such provisions to reflect such changes change in GAAP and, unless such provisions are modified, all financial statementsFinancial Statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 2 contracts

Samples: Management Services Agreement (Cinedigm Corp.), Guaranty Agreement (Cinedigm Corp.)

Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement hereafter adopted by Borrower any Loan Party or any of its Subsidiaries shall be given effect for purposes of measuring compliance with any provision of Article VI this Agreement or VII otherwise determining any relevant ratios and baskets which govern whether any action is permitted hereunder unless the Borrower, the Agent Borrower and the Required Lenders agree to modify such provisions to reflect such changes in GAAP andGAAP, and unless such provisions are modified, all financial statements, Compliance Certificates statements and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.. Section 1.6

Appears in 2 contracts

Samples: Execution Version Us_153737865v8 Facility Agreement (Oncology Institute, Inc.), Execution Version Us_153737865v8 Facility Agreement (Oncology Institute, Inc.)

Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement Financial Statement hereafter adopted by the Borrower shall be given effect for purposes of measuring if such change would affect a calculation that measures compliance with any provision of Article VI V or VII VIII unless the Borrower, the Administrative Agent and the Required Lenders agree to modify such provisions to reflect such changes change in GAAP and, unless such provisions are modified, all financial statementsFinancial Statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 2 contracts

Samples: Credit Agreement (Cinedigm Digital Cinema Corp.), Credit Agreement (Access Integrated Technologies Inc)

Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement hereafter adopted by Borrower shall be given effect for purposes of measuring compliance with any provision of Article V or VI or VII unless the Borrower, the Agent and the Required Lenders agree to modify such provisions to reflect such changes in GAAP and, unless such provisions are modified, all financial statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP. [Balance of page intentionally left blank; signature page follows.]

Appears in 2 contracts

Samples: Credit Agreement (Banctec Inc), Credit Agreement (Banctec Inc)

Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement hereafter adopted by Borrower Borrowers shall be given effect for purposes of measuring compliance with any provision of Article V or VI or VII unless the BorrowerBorrowers, the Agent and the Required Lenders agree to modify such provisions to reflect such changes in GAAP and, unless such provisions are modified, all financial statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 2 contracts

Samples: Credit Agreement (Akorn Inc), Credit Agreement (Akorn Inc)

Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement hereafter adopted by Borrower Holdings shall be given effect for purposes of measuring compliance with any provision of Article V or VI or VII unless the Borrower, the Agent and the Required Lenders agree to modify such provisions to reflect such changes in GAAP and, unless such provisions are modified, all financial statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Credit Agreement (Archipelago Learning, Inc.)

Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement hereafter adopted by Borrower ITG shall be given effect for purposes of measuring compliance with any provision of Article V or VI or VII unless the BorrowerBorrowers, the Agent and the Required Majority Lenders agree to modify such provisions to reflect such changes in GAAP and, unless such provisions are modified, all financial statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Credit Agreement (International Textile Group Inc)

Accounting Terms and Principles. (a) GAAP. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement Financial Statement hereafter adopted by Borrower Parent shall be given effect for purposes of measuring if such change would affect a calculation that measures compliance with any provision of Article VI V or VII VIII unless the BorrowerBorrowers, the Administrative Agent and the Required Lenders agree to modify such provisions to reflect such changes in GAAP and, unless such provisions are modified, all financial statementsFinancial Statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Credit Agreement (Emeritus Corp\wa\)

Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement Financial Statement hereafter adopted by the Borrower shall be given effect for purposes of measuring if such change would affect a calculation that measures compliance with any provision of Article VI V or VII unless the Borrower, the Agent and the Required Lenders agree to modify such provisions to reflect such changes change in GAAP and, unless such provisions are modified, all financial statementsFinancial Statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Second Lien Loan Agreement (Cinedigm Corp.)

Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement hereafter adopted by Holdings or Borrower shall be given effect for purposes of measuring compliance with any provision of Article V or VI or VII unless the Borrower, the Agent and the Required Lenders agree to modify such provisions to reflect such changes in GAAP and, unless such provisions are modified, all financial statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Credit Agreement (CSAV Holding Corp.)

Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement Financial Statement hereafter adopted by the Borrower shall be given effect for purposes of measuring if such change would affect a calculation that measures compliance with any provision of Article VI or VII V unless the Borrower, the Agent and the Required Lenders agree Lender agrees to modify such provisions to reflect such changes change in GAAP and, unless such provisions are modified, all financial statements, Compliance Certificates Financial Statements and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Distribution Agreement (Cinedigm Corp.)

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Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement hereafter adopted by Borrower shall be given effect for purposes of measuring compliance with any provision of Article V or VI or VII unless the Borrower, the Agent and the Required Lenders agree to modify such provisions to reflect such changes in GAAP and, unless such provisions are modified, all financial statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Credit Agreement (Banctec Inc)

Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement hereafter adopted by Holdings or Borrower shall be given effect for purposes of measuring compliance with any provision of Article V or VI or VII unless the Borrower, the Agent and the Required Lenders agree to modify such provisions to reflect such changes in GAAP and, unless such provisions are modified, all financial statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.. 105

Appears in 1 contract

Samples: Credit Agreement (CSAV Holding Corp.)

Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement hereafter adopted by the Borrower shall be given effect for purposes of measuring compliance with any provision of Article VI or VII unless the Borrower, the Agent and the Required Majority Lenders agree to modify such provisions to reflect such changes in GAAP and, unless such provisions are modified, all financial statements, Compliance Certificates compliance certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Credit Agreement (Ute Energy Upstream Holdings LLC)

Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement Financial Statement hereafter adopted by Borrower shall be given effect for purposes of measuring if such change would affect a calculation that measures compliance with any provision of Article VI V [or VII VIII] unless the Borrower, the Agent Borrower and the Required Lenders Lender agree to modify such provisions to reflect such changes in GAAP and, unless such provisions are modified, all financial statementsFinancial Statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Term Loan, Guaranty and Security Agreement (Horizon Offshore Inc)

Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement Financial Statement hereafter adopted by Borrower Parent shall be given effect for purposes of measuring if such change would affect a calculation that measures compliance with any provision of Article VI V or VII VIII unless the BorrowerBorrowers, the Administrative Agent and the Required Lenders agree to modify such provisions to reflect such changes in GAAP and, unless such provisions are modified, all financial statementsFinancial Statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Credit Agreement (Emeritus Corp\wa\)

Accounting Terms and Principles. (a) GAAP. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement Financial Statement hereafter adopted by Borrower shall be given effect for purposes of measuring if such change would affect a calculation that measures compliance with any provision of Article VI V or VII VIII unless the Borrower, the Administrative Agent and the Required Lenders agree to modify such provisions to reflect such changes in GAAP and, unless such provisions are modified, all financial statementsFinancial Statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Clearlake Capital Partners, LLC)

Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement hereafter adopted by Borrower ITG shall be given effect for purposes of measuring compliance with any provision of Article V or VI or VII unless the BorrowerBorrowers, the Agent and the Required Lenders agree to modify such provisions to reflect such changes in GAAP and, unless such provisions are modified, all financial statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Credit Agreement (International Textile Group Inc)

Accounting Terms and Principles. (a) GAAP. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement Financial Statement hereafter adopted by Borrower Holdings shall be given effect for purposes of measuring if such change would affect a calculation that measures compliance with any provision of Article VI V or VII VIII unless the Borrower, the Administrative Agent and the Required Lenders agree to modify such provisions to reflect such changes in GAAP and, unless such provisions are modified, all financial statementsFinancial Statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Intercreditor Agreement (Inverness Medical Innovations Inc)

Accounting Terms and Principles. All accounting determinations required to be made pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. No change in the accounting principles used in the preparation of any financial statement hereafter adopted by Borrower shall be given effect for purposes of measuring if such change would affect a calculation that measures compliance with any provision of Article VI or VII Section 6 unless the Borrower, the Agent Borrower and the Required Lenders Lender agree to modify such provisions to reflect such changes in GAAP and, unless such provisions are modified, all financial statements, Compliance Certificates and similar documents provided hereunder shall be provided together with a reconciliation between the calculations and amounts set forth therein before and after giving effect to such change in GAAP.

Appears in 1 contract

Samples: Loan Agreement (Leucadia National Corp)

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