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 if such change would affect a calculation that measures compliance with any provision of Article V or VII unless the Administrative Agent and the Required Lenders agree to modify such provisions to reflect such change 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 3 contracts
Samples: Credit Agreement (Cinedigm Corp.), Credit Agreement (Cinedigm Corp.), Credit 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 financial statement hereafter adopted by the Borrower shall be given effect if such change would affect a calculation that measures for purposes of measuring compliance with any provision of Article V or VII VI unless the Administrative Borrower, the Agent and the Required Lenders agree to modify such provisions to reflect such change 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 3 contracts
Samples: Credit Agreement (Banctec Inc), 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 financial statement hereafter adopted by the Borrower CryoLife shall be given effect if such change would affect a calculation that measures for purposes of measuring compliance with any provision of Article V or VII VI unless the Administrative Borrowers, the Agent and the Required Lenders agree to modify such provisions to reflect such change 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 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 a Loan Party shall be given effect if such change would affect a calculation that measures for purposes of measuring compliance with any provision of Article V or VII unless the Administrative Agent Loan Parties, Agents and the Required Lenders agree to modify such provisions to reflect such change 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 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 financial statement hereafter adopted by the Borrower Borrowers shall be given effect if such change would affect a calculation that measures for purposes of measuring compliance with any provision of Article V or VII VI unless the Administrative Borrowers, the Agent and the Required Lenders agree to modify such provisions to reflect such change 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 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 financial statement hereafter adopted by the Borrower any Loan Party or any of its Subsidiaries shall be given effect if such change would affect a calculation that measures for purposes of measuring compliance with any provision of Article V this Agreement or VII otherwise determining any relevant ratios and baskets which govern whether any action is permitted hereunder unless the Administrative Agent Borrower and the Required Lenders agree to modify such provisions to reflect such change changes in GAAP andGAAP, 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 2 contracts
Samples: Facility Agreement (Oncology Institute, Inc.), 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 if such change would affect a calculation that measures for purposes of measuring compliance with any provision of Article V VI or VII unless the Administrative Borrower, the Agent and the Required Lenders agree to modify such provisions to reflect such change 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 2 contracts
Samples: Credit Agreement (Hemisphere Media Group, Inc.), Credit Agreement (Hemisphere Media Group, 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 the Borrower shall be given effect if such change would affect a calculation that measures compliance with any provision of Article V or VII VIII unless the Administrative Agent and the Required Lenders agree to modify such provisions to reflect such change 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 (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 financial statement hereafter adopted by the Borrower Holdings shall be given effect if such change would affect a calculation that measures for purposes of measuring compliance with any provision of Article V or VII VI unless the Administrative Borrower, the Agent and the Required Lenders agree to modify such provisions to reflect such change 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
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 Holdings or Borrower shall be given effect if such change would affect a calculation that measures for purposes of measuring compliance with any provision of Article V or VII VI unless the Administrative Borrower, the Agent and the Required Lenders agree to modify such provisions to reflect such change 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.. 105
Appears in 1 contract
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 Holdings or Borrower shall be given effect if such change would affect a calculation that measures for purposes of measuring compliance with any provision of Article V or VII VI unless the Administrative Borrower, the Agent and the Required Lenders agree to modify such provisions to reflect such change 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
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 if such change would affect a calculation that measures compliance with any provision of Article V or VII unless the Administrative Agent and the Required Lenders agree Lender agrees to modify such provisions to reflect such change in GAAP 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.
Appears in 1 contract
Samples: Term 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 the Borrower shall be given effect if such change would affect a calculation that measures compliance with any provision of Article V or VII unless the Administrative Agent and the Required Lenders agree to modify such provisions to reflect such change 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
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 if such change would affect a calculation that measures for purposes of measuring compliance with any provision of Article V VI or VII unless the Administrative Borrower, the Agent and the Required Majority Lenders agree to modify such provisions to reflect such change changes in GAAP and, unless such provisions are modified, all Financial Statementsfinancial 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 hereafter adopted by the Borrower Parent shall be given effect if such change would affect a calculation that measures compliance with any provision of Article V or VII VIII unless the Borrowers, the Administrative Agent and the Required Lenders agree to modify such provisions to reflect such change 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 (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 ITG shall be given effect if such change would affect a calculation that measures for purposes of measuring compliance with any provision of Article V or VII VI unless the Administrative Borrowers, the Agent and the Required Majority Lenders agree to modify such provisions to reflect such change 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
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 if such change would affect a calculation that measures compliance with any provision of Article V [or VII VIII] unless the Administrative Agent Borrower and the Required Lenders Lender agree to modify such provisions to reflect such change 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: Term Loan, Guaranty and Security Agreement (Horizon Offshore 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 hereafter adopted by the Borrower shall be given effect if such change would affect a calculation that measures compliance with any provision of Article V or VII VIII unless the Borrower, the Administrative Agent and the Required Lenders agree to modify such provisions to reflect such change 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: 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 financial statement hereafter adopted by the Borrower ITG shall be given effect if such change would affect a calculation that measures for purposes of measuring compliance with any provision of Article V or VII VI unless the Administrative Borrowers, the Agent and the Required Lenders agree to modify such provisions to reflect such change 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
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 if such change would affect a calculation that measures compliance with any provision of Article V or VII Section 6 unless the Administrative Agent Borrower and the Required Lenders Lender agree to modify such provisions to reflect such change 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
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 hereafter adopted by the Borrower Holdings shall be given effect if such change would affect a calculation that measures compliance with any provision of Article V or VII VIII unless the Borrower, the Administrative Agent and the Required Lenders agree to modify such provisions to reflect such change 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: Second Lien Credit Agreement (Inverness Medical Innovations 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 hereafter adopted by the Borrower Parent shall be given effect if such change would affect a calculation that measures compliance with any provision of Article V or VII VIII unless the Borrowers, the Administrative Agent and the Required Lenders agree to modify such provisions to reflect such change 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 (Emeritus Corp\wa\)