Common use of Accounting Terms; GAAP Clause in Contracts

Accounting Terms; GAAP. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.

Appears in 45 contracts

Samples: Credit Agreement (E2open Parent Holdings, Inc.), Credit Agreement (INVACARE HOLDINGS Corp), Abl Credit Agreement (Builders FirstSource, Inc.)

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Accounting Terms; GAAP. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, with GAAP, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.

Appears in 27 contracts

Samples: Receivables Purchase Agreement (OUTFRONT Media Inc.), Credit Agreement (Audacy, Inc.), Credit Agreement (OUTFRONT Media Inc.)

Accounting Terms; GAAP. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, with GAAP, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.

Appears in 17 contracts

Samples: First Lien Credit Agreement (New Whale Inc.), Fourth Amendment (New Whale Inc.), Collateral Agreement (Pathfinder Acquisition Corp)

Accounting Terms; GAAP. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Credit Agreement shall be prepared in conformity with, GAAP, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.

Appears in 7 contracts

Samples: Credit Agreement (Ooma Inc), Credit Agreement (Mimedx Group, Inc.), Credit Agreement (J&j Snack Foods Corp)

Accounting Terms; GAAP. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement Indenture shall be prepared in conformity with, GAAP, applied in a manner consistent with that used in preparing the Audited Financial StatementsCompany’s audited financial statements, except as otherwise specifically prescribed herein.

Appears in 4 contracts

Samples: First Supplemental Indenture (Invacare Corp), First Supplemental Indenture (Invacare Corp), Invacare Corp

Accounting Terms; GAAP. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP, applied in a manner consistent with that used in preparing the Audited Financial Statements, except assuming that ASC 606 has been adopted for the entirety of the period and as otherwise specifically prescribed herein.

Appears in 4 contracts

Samples: Credit Agreement (GoHealth, Inc.), The Credit Agreement (GoHealth, Inc.), Credit Agreement (GoHealth, Inc.)

Accounting Terms; GAAP. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, with GAAP, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.

Appears in 3 contracts

Samples: Credit Agreement, Credit Agreement (Dell Technologies Inc), Credit Agreement (Dell Technologies Inc)

Accounting Terms; GAAP. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.

Appears in 3 contracts

Samples: Credit Agreement, Possession Credit Agreement (Cyxtera Technologies, Inc.), First Lien Priority Credit Agreement (Cyxtera Technologies, Inc.)

Accounting Terms; GAAP. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP, applied in a manner consistent with that used in preparing the latest Audited Financial StatementsStatements of the Company delivered to the Administrative Agent on or prior to the Closing Date, except as otherwise specifically prescribed herein.

Appears in 2 contracts

Samples: Credit Agreement (Atlas Technical Consultants, Inc.), Credit Agreement (Atlas Technical Consultants, Inc.)

Accounting Terms; GAAP. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.

Appears in 2 contracts

Samples: First Lien Credit Agreement, Credit Agreement (Pluralsight, Inc.)

Accounting Terms; GAAP. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Credit Agreement shall be prepared in conformity with, GAAP, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.

Appears in 2 contracts

Samples: Credit Agreement (Steven Madden, Ltd.), Credit Agreement (Steven Madden, Ltd.)

Accounting Terms; GAAP. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP, applied in a manner consistent with that used in preparing the Audited audited Historical Financial Statements, except as otherwise specifically prescribed herein.

Appears in 2 contracts

Samples: Credit Agreement (Installed Building Products, Inc.), Term Loan Credit Agreement (Installed Building Products, Inc.)

Accounting Terms; GAAP. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement Indenture shall be prepared in conformity with, GAAP, applied in a manner consistent with that used in preparing the Audited Financial StatementsCompany’s or Invacare Corporation’s, as applicable, audited financial statements, except as otherwise specifically prescribed herein.

Appears in 2 contracts

Samples: INVACARE HOLDINGS Corp, INVACARE HOLDINGS Corp

Accounting Terms; GAAP. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Credit Agreement shall be prepared in conformity with, GAAP, applied in a manner consistent with that used in preparing the Audited Financial Statementsaudited financial statements of the Borrower, except as otherwise specifically prescribed herein.

Appears in 1 contract

Samples: Credit Agreement (Chesapeake Utilities Corp)

Accounting Terms; GAAP. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement Indenture shall be prepared in conformity with, GAAP, applied in a manner consistent with that used in preparing the Audited Financial StatementsCompany’s audited financial statements, except as otherwise specifically prescribed herein.

Appears in 1 contract

Samples: Indenture (Nextnav Inc.)

Accounting Terms; GAAP. (a) 1.6.1 All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP, applied with GAAP as in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed hereineffect from time to time.

Appears in 1 contract

Samples: Loan, Guaranty and Security Agreement (SMART Global Holdings, Inc.)

Accounting Terms; GAAP. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP, applied in a manner consistent with that used in preparing the latest Audited Financial StatementsStatements of the SPAC delivered to the Administrative Agent on or prior to the Closing Date, except as otherwise specifically prescribed herein.

Appears in 1 contract

Samples: Credit Agreement (Atlas Technical Consultants, Inc.)

Accounting Terms; GAAP. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.. (b) Notwithstanding anything to the contrary herein, but subject to Section 1.09, for purposes of determining compliance with any test contained in this Agreement, the Total Net Leverage

Appears in 1 contract

Samples: Credit Agreement (Tenable Holdings, Inc.)

Accounting Terms; GAAP. (a) i. All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.

Appears in 1 contract

Samples: Credit Agreement (Skyline Champion Corp)

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Accounting Terms; GAAP. (a1) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP, applied in a manner consistent with that used in preparing the Audited audited Historical Financial Statements, except as otherwise specifically prescribed herein.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Installed Building Products, Inc.)

Accounting Terms; GAAP. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP, applied in a manner consistent with that used in preparing the Audited Financial Statementsfinancial statements delivered pursuant to Section 5.1(b), except as otherwise specifically prescribed herein.

Appears in 1 contract

Samples: Credit Agreement (Carbonite Inc)

Accounting Terms; GAAP. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.

Appears in 1 contract

Samples: Repricing Amendment (Simply Good Foods Co)

Accounting Terms; GAAP. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP, applied in a manner consistent with that used in preparing the latest Audited Financial StatementsStatements of the Borrower delivered to the Administrative Agent on or prior to the Closing Date, except as otherwise specifically prescribed herein.

Appears in 1 contract

Samples: Credit Agreement (American Public Education Inc)

Accounting Terms; GAAP. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Credit Agreement shall be prepared in conformity with, GAAP, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.

Appears in 1 contract

Samples: Credit Agreement (Par Technology Corp)

Accounting Terms; GAAP. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP, applied in a manner consistent with that used in preparing the Audited Unaudited Financial Statements, except as otherwise specifically prescribed herein.

Appears in 1 contract

Samples: First Lien Credit Agreement (Brigham Minerals, Inc.)

Accounting Terms; GAAP. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP, applied in a manner consistent with that used in preparing the Audited Financial Statementsconsistently, except as otherwise specifically prescribed herein.

Appears in 1 contract

Samples: Credit Agreement (Arhaus, Inc.)

Accounting Terms; GAAP. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP, applied in a manner consistent with that used in preparing the Audited Financial Statementsaudited financial statements required under Section 6.1(a), except as otherwise specifically prescribed herein.

Appears in 1 contract

Samples: Credit Agreement (Unique Fabricating, Inc.)

Accounting Terms; GAAP. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Credit Agreement shall be prepared in conformity with, GAAP, applied in a manner consistent with that used in preparing the Audited Financial Statements, GAAP except as otherwise specifically prescribed herein.

Appears in 1 contract

Samples: Credit Agreement

Accounting Terms; GAAP. (a) 1. All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP, applied in a manner consistent with that used in preparing the latest Audited Financial StatementsStatement delivered to the Administrative Agent on or prior to the Closing Date, except as otherwise specifically prescribed herein.

Appears in 1 contract

Samples: Credit Agreement (Digital Media Solutions, Inc.)

Accounting Terms; GAAP. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.-69- [EMEA_ACTIVE 302040156_13]

Appears in 1 contract

Samples: Credit Agreement (LivaNova PLC)

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