Accounting Terms; GAAP. Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof unless otherwise agreed to by Borrower and the Required Lenders.
Appears in 30 contracts
Samples: Credit Agreement (Nabors Industries LTD), Credit Agreement (Nabors Industries LTD), Term Loan Agreement (Nabors Industries LTD)
Accounting Terms; GAAP. Except as otherwise expressly provided herein, all (a) All financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and and, except as otherwise expressly provided herein, all terms of an accounting nature that are used in calculating the Total Debt to Total Assets Ratio, the Senior Debt to Totals Assets Ratio or financial nature Consolidated Total Assets shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof unless otherwise agreed from time to by Borrower and the Required Lenders.time; provided that
Appears in 8 contracts
Samples: Term Loan Credit Agreement (Blackstone Mortgage Trust, Inc.), Term Loan Credit Agreement (Blackstone Mortgage Trust, Inc.), Term Loan Credit Agreement (Blackstone Mortgage Trust, Inc.)
Accounting Terms; GAAP. Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature that are used in calculating the Fixed Charge Coverage Ratio shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof Closing Date unless otherwise agreed to by the Borrower and the Required Lenders.
Appears in 6 contracts
Samples: Assignment and Assumption (TMS International Corp.), Term Loan Credit Agreement (TMS International Corp.), Abl Credit Agreement (TMS International Corp.)
Accounting Terms; GAAP. Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof Amendment Effectiveness Date unless otherwise agreed to by Borrower and the Required Lenders.
Appears in 5 contracts
Samples: Credit Agreement (Regency Energy Partners LP), Second Lien Credit Agreement (Regency Energy Partners LP), Credit Agreement (Regency Energy Partners LP)
Accounting Terms; GAAP. Except as otherwise expressly provided herein, all (a) All financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and and, except as otherwise expressly provided herein, all terms of an accounting nature that are used in calculating the Total Debt to Equity Ratio, the Interest Coverage Ratio, Tangible Net Worth or financial nature Consolidated Total Assets shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof unless otherwise agreed from time to by Borrower and the Required Lenders.time; provided that
Appears in 5 contracts
Samples: Term Loan Credit Agreement (Claros Mortgage Trust, Inc.), Assignment and Assumption (Claros Mortgage Trust, Inc.), Term Loan Credit Agreement (Claros Mortgage Trust, Inc.)
Accounting Terms; GAAP. (a) Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof unless otherwise agreed to by Borrower and the Required Lenders.
Appears in 4 contracts
Samples: Credit Agreement (CPI International Holding Corp.), Credit Agreement (Ivanhoe Energy Inc), Credit Agreement (Ducommun Inc /De/)
Accounting Terms; GAAP. Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof unless otherwise agreed to by Borrower Borrowers and the Required Lenders.
Appears in 4 contracts
Samples: Credit Agreement (Linens N Things Inc), Option Credit Agreement (Linens N Things Inc), Credit Agreement (USA Mobility, Inc)
Accounting Terms; GAAP. Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof unless otherwise agreed to by Borrower the Company and the Required LendersHolders.
Appears in 3 contracts
Samples: Note Purchase Agreement (Impac Mortgage Holdings Inc), Note Purchase Agreement (Impac Mortgage Holdings Inc), Purchase Agreement (Digital Domain)
Accounting Terms; GAAP. Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof Closing Date, in each case unless otherwise agreed to by the Borrower and the Required Lenders.
Appears in 3 contracts
Samples: Agreement, Credit Agreement (Delta Petroleum Corp/Co), Possession Credit Agreement (Raser Technologies Inc)
Accounting Terms; GAAP. Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof Third Amendment Effectiveness Date unless otherwise agreed to by U.S. Borrower and the Required Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Ply Gem Holdings Inc), Credit Agreement (Ply Gem Holdings Inc)
Accounting Terms; GAAP. (a) Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from at the time to time of such preparation and all terms of an accounting or financial nature shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof unless otherwise agreed to by Borrower the Borrowers and the Required Lenders.
Appears in 2 contracts
Samples: Revolving Syndicated Facility Agreement (Tronox LTD), Revolving Syndicated Facility Agreement (Tronox LTD)
Accounting Terms; GAAP. Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof unless otherwise agreed to by US Borrower and the US Required Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Nabors Industries LTD), Credit Agreement (Nabors Industries LTD)
Accounting Terms; GAAP. Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof Original Closing Date unless otherwise agreed to by Borrower and the Required Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Navisite Inc), Credit Agreement (Navisite Inc)
Accounting Terms; GAAP. Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof unless otherwise agreed to by Borrower Borrowers and the Required Supermajority Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Magnachip Semiconductor LLC), Credit Agreement (Magnachip Semiconductor LLC)
Accounting Terms; GAAP. Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature (including those used in the calculation of the covenants set forth in Section 6.12) shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof unless otherwise agreed to by Borrower and the Required Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Express Parent LLC), Credit Agreement (Express Parent LLC)
Accounting Terms; GAAP. (a) Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof unless otherwise agreed to by the Borrower Agent and the Required Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Party City Holdco Inc.), Credit Agreement (Party City Holdco Inc.)
Accounting Terms; GAAP. Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature shall be construed and interpreted in accordance with GAAP, . In the event that any “Accounting Change” as defined below shall occur and such change results in effect on a change in the date hereof unless otherwise agreed to by Borrower and the Required Lenders.method of calculation of financial
Appears in 2 contracts
Samples: Senior Secured Credit Agreement (Lifetime Brands, Inc), Senior Secured Credit Agreement (Lifetime Brands, Inc)
Accounting Terms; GAAP. Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof unless otherwise agreed to by Borrower and the Required Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Basic Energy Services Inc), Credit Agreement (Basic Energy Services Inc)
Accounting Terms; GAAP. Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature shall be construed and interpreted in accordance with GAAP, GAAP as in effect on the date hereof unless otherwise agreed to by Borrower and the Required Lenders; provided that for fiscal periods ended prior to December 31, 2006 and solely with respect to any Loan Party incorporated in the United States, U.S. GAAP shall be used.
Appears in 2 contracts
Samples: Credit Agreement (Thompson Creek Metals CO Inc.), Credit Agreement (Thompson Creek Metals CO Inc.)
Accounting Terms; GAAP. (a) Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof Cut-Off Date unless otherwise agreed to by Borrower and the Required Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Northstar Realty Finance Corp.), Credit Agreement (Northstar Realty Finance Corp.)
Accounting Terms; GAAP. Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof unless otherwise agreed to by the Borrower and the Required LendersLender.
Appears in 1 contract
Accounting Terms; GAAP. Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof Closing Date unless otherwise agreed to by the Borrower and the Required Lenders.
Appears in 1 contract
Accounting Terms; GAAP. (a) Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof Cut-Off Date unless otherwise agreed to by Borrower Guarantor and the Required Lenders.
Appears in 1 contract
Accounting Terms; GAAP. (a) Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof unless otherwise agreed to by Borrower and the Required Lenders.
Appears in 1 contract
Accounting Terms; GAAP. Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof unless otherwise agreed from time to by Borrower and the Required Lenderstime.
Appears in 1 contract
Samples: Credit Agreement (Bearingpoint Inc)
Accounting Terms; GAAP. Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof unless otherwise agreed to by Parent Borrower and the Required Lenders.
Appears in 1 contract
Accounting Terms; GAAP. Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof Closing Date unless otherwise agreed to by U.S. Borrower and the Required Lenders.
Appears in 1 contract
Accounting Terms; GAAP. Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof unless otherwise agreed to by Borrower Borrowers and the Required LendersLender.
Appears in 1 contract
Accounting Terms; GAAP. Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof unless otherwise agreed to by the US Borrower and the Required Lenders.
Appears in 1 contract
Accounting Terms; GAAP. Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof Second Amendment Effectiveness Date unless otherwise agreed to by U.S. Borrower and the Required Lenders.
Appears in 1 contract
Accounting Terms; GAAP. Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature that are used in calculating the Interest Coverage Ratio or the Fixed Charge Coverage Ratio shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof Closing Date unless otherwise agreed to by the Borrower and the Required Lenders.
Appears in 1 contract
Accounting Terms; GAAP. Except as otherwise expressly provided ed herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature (including Attributable Indebtedness, Capital Lease Obligations and Sale and Leaseback Transactions) shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof unless otherwise agreed to by Borrower and the Required Lenders.
Appears in 1 contract
Accounting Terms; GAAP. Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof unless otherwise agreed to by Borrower Agent and the Required Lenders.
Appears in 1 contract
Accounting Terms; GAAP. Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof unless otherwise agreed to by U.S. Borrower and the Required Lenders.
Appears in 1 contract
Accounting Terms; GAAP. (a) Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature that are used in the computation of any covenant (including the computation of any financial covenant) set forth in any Loan Document shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof September 30, 2010, unless otherwise agreed to by the Borrower and the Required Lenders.
Appears in 1 contract
Accounting Terms; GAAP. Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof Fifth Amendment Effectiveness Date unless otherwise agreed to by U.S. Borrower and the Required Lenders.
Appears in 1 contract
Accounting Terms; GAAP. a. Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof unless otherwise agreed to by Borrower and the Required Lenders.
Appears in 1 contract
Samples: Second Lien Credit Agreement (CPI International Holding Corp.)
Accounting Terms; GAAP. Except as otherwise expressly provided herein, all (a) All financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting time; provided that if any change to GAAP or financial nature shall be construed and interpreted in accordance with GAAP, as in effect on the application thereof is implemented after the date hereof unless otherwise agreed to by Borrower and of delivery of the Required Lendersmost recent financial statements described in Section 4.01(c) and/or there is any change in the functional currency reflected in the financial statements.
Appears in 1 contract
Samples: Credit Agreement (View, Inc.)
Accounting Terms; GAAP. Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature shall be construed and interpreted in accordance with GAAP, GAAP as in effect on the date hereof unless otherwise agreed to by Borrower Borrowers and the Required Lenders.
Appears in 1 contract
Accounting Terms; GAAP. Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof unless otherwise agreed to by Borrower and the Required LendersAdministrative Agent.
Appears in 1 contract
Accounting Terms; GAAP. Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof Fourth Amendment Effectiveness Date unless otherwise agreed to by U.S. Borrower and the Required Lenders.
Appears in 1 contract
Accounting Terms; GAAP. Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature shall be construed and interpreted in accordance with GAAP, GAAP as in effect on the date hereof unless otherwise agreed from time to by Borrower and the Required Lenderstime.
Appears in 1 contract
Samples: Senior Bridge Loan Agreement (Activant Solutions Inc /De/)
Accounting Terms; GAAP. Except as otherwise expressly provided herein, all financial statements to be delivered pursuant to this Agreement shall be prepared in accordance with GAAP as in effect from time to time and all terms of an accounting or financial nature that are used in calculating the Interest Coverage Ratio, the Leverage Ratio, Senior Secured Leverage Ratio or Senior Leverage Ratio shall be construed and interpreted in accordance with GAAP, as in effect on the date hereof Closing Date unless otherwise agreed to by the Borrower and the Required Lenders.
Appears in 1 contract
