Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 246 contracts
Samples: Credit Agreement (Element Solutions Inc), Credit Agreement (Ferguson Enterprises Inc. /DE/), Credit Agreement (Viad Corp)
Accounting Terms. (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 on a consistent basis, as in effect from time to timeGAAP, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 223 contracts
Samples: Credit Agreement (Hilton Grand Vacations Inc.), Term Loan Credit Agreement (NGL Energy Partners LP), Credit Agreement (Primo Water Corp /CN/)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial StatementsGAAP, except as otherwise specifically prescribed herein.
Appears in 121 contracts
Samples: Senior Secured (JOANN Inc.), Term Loan Credit Agreement (GFL Environmental Inc.), Abl Credit Agreement (Prestige Consumer Healthcare Inc.)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed hereinGAAP.
Appears in 87 contracts
Samples: Credit Agreement (Vistra Corp.), Credit Agreement (Talen Energy Corp), Letter of Credit Facility Agreement (Talen Energy Corp)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial StatementsGAAP, except as otherwise specifically prescribed herein.
Appears in 69 contracts
Samples: Credit Agreement (eHealth, Inc.), Credit Agreement (Frontier Communications Parent, Inc.), Credit Agreement (Frontier Communications Parent, Inc.)
Accounting Terms. (a) All Except as expressly provided herein, 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 on a consistent basis, as in effect from time to timeGAAP, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed hereinmanner.
Appears in 68 contracts
Samples: Intercreditor Agreement (OneStream, Inc.), Credit Agreement (GoDaddy Inc.), Credit Agreement (BrightView Holdings, Inc.)
Accounting Terms. (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 on a consistent basis, basis as in effect from time to time, 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: Assignment and Assumption (Toyota Motor Credit Corp), Five Year Credit Agreement (Toyota Motor Credit Corp), 364 Day Credit Agreement (Toyota Motor Credit Corp)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 40 contracts
Samples: Revolving Credit Agreement (Heico Corp), Loan Agreement (L3harris Technologies, Inc. /De/), Revolving Credit Agreement (Heico Corp)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 28 contracts
Samples: Credit Agreement (Blackstone Secured Lending Fund), Reimbursement Agreement, Credit Agreement (Blackstone Secured Lending Fund)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statementsaudited financial statements, except as otherwise specifically prescribed herein.
Appears in 26 contracts
Samples: Credit Agreement (Martin Midstream Partners L.P.), Security Agreement (Martin Midstream Partners Lp), Credit Agreement (Martin Midstream Partners Lp)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 26 contracts
Samples: Continuing Covenant Agreement, Credit Agreement (Atlantic Power Corp), Credit Agreement (Cash America International Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein or in any other Loan Document 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 withwith GAAP, GAAP applied on a consistent basis, as in effect from time to time, applied time and in a manner consistent with that used in preparing the Audited Financial Statementsaudited financial statements required by Section 8.1(a), except as otherwise specifically prescribed herein.
Appears in 25 contracts
Samples: Revolving Credit Agreement (AB Private Credit Investors Corp), Revolving Credit Agreement (Lord Abbett Private Credit Fund), Revolving Credit Agreement (Oaktree Gardens OLP, LLC)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 22 contracts
Samples: Credit Agreement (Equitrans Midstream Corp), Credit Agreement (Equitrans Midstream Corp), Term Credit Agreement (Noble Midstream Partners LP)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statementsaudited financial statements required by Section 7.1(b), except as otherwise specifically prescribed herein.
Appears in 21 contracts
Samples: Credit Agreement (Broadview Networks Holdings Inc), Credit Agreement (Broadview Networks Holdings Inc), Credit Agreement (Blackbaud Inc)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, Statements except as otherwise specifically prescribed herein.
Appears in 20 contracts
Samples: Credit Agreement (Griffin-American Healthcare REIT III, Inc.), Credit Agreement (Griffin-American Healthcare REIT IV, Inc.), Credit Agreement (Griffin-American Healthcare REIT IV, Inc.)
Accounting Terms. (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 on a consistent basis, as in effect from time to timeGAAP, applied in a manner consistent with that used in preparing the Audited Annual Financial Statements, except as otherwise specifically prescribed herein.
Appears in 19 contracts
Samples: Possession Credit Agreement (iHeartMedia, Inc.), Credit Agreement (iHeartCommunications, Inc.), Credit Agreement (Clear Channel Communications Inc)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed hereinGAAP.
Appears in 18 contracts
Samples: Possession Credit Agreement (Avaya Holdings Corp.), Loan Agreement (SunOpta Inc.), Loan Agreement (SunOpta Inc.)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied on a consistent basis and in a manner consistent with that used in preparing the Audited Financial Statementsaudited financial statements required by Section 7.1(b), except as otherwise specifically prescribed herein.
Appears in 17 contracts
Samples: Credit Agreement (Family Dollar Stores Inc), Credit Agreement (Family Dollar Stores Inc), Credit Agreement (Family Dollar Stores Inc)
Accounting Terms. (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 on a consistent basisGAAP, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 16 contracts
Samples: Credit Agreement (StandardAero, Inc.), Revolving Credit Agreement (EngageSmart, Inc.), Term Loan Credit Agreement (CommScope Holding Company, Inc.)
Accounting Terms. (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 on a consistent basis, as in effect from time to timeGAAP, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 16 contracts
Samples: Credit Agreement (PF2 SpinCo, Inc.), Credit Agreement (PF2 SpinCo LLC), Credit Agreement (ESH Hospitality, Inc.)
Accounting Terms. (a) All Except as expressly provided herein, 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 on a consistent basis, as in effect from time to timewith GAAP, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed hereinmanner.
Appears in 15 contracts
Samples: First Lien Credit Agreement (HireRight Holdings Corp), First Lien Credit Agreement (Aveanna Healthcare Holdings, Inc.), First Lien Credit Agreement (Focus Financial Partners Inc.)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein in this Agreement shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to by this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 13 contracts
Samples: Credit Agreement (California Pizza Kitchen Inc), Credit Agreement (Pope Resources LTD Partnership), Credit Agreement (Esco Technologies Inc)
Accounting Terms. (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 on a consistent basisGAAP, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 12 contracts
Samples: Credit Agreement (Warner Music Group Corp.), Credit Agreement (Warner Music Group Corp.), Credit Agreement (Republic Airways Holdings Inc)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied on a consistent basis and in a manner consistent with that used in preparing the Audited Financial Statementsaudited financial statements required by Section 7.1(b) and (d), except as otherwise specifically prescribed herein.
Appears in 12 contracts
Samples: Seventh Amendment (Bowater Inc), Third Amendment and Waiver (Bowater Inc), Eleventh Amendment and Consent (Bowater Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein in this Agreement shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to by this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, and applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 12 contracts
Samples: Credit Agreement (Quantum Corp /De/), Term Loan Agreement (Quantum Corp /De/), Credit Agreement (Quantum Corp /De/)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statementsaudited financial statements, except as otherwise specifically prescribed herein.
Appears in 11 contracts
Samples: Credit Agreement (Sunnova Energy International Inc.), Credit Agreement (Sunnova Energy International Inc.), Credit Agreement (Sunnova Energy International Inc.)
Accounting Terms. (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 on a consistent basisGAAP, as in effect from time for the period to timewhich the Audited Financial Statements relate, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 11 contracts
Samples: Credit Agreement (At Home Group Inc.), Credit Agreement (At Home Group Inc.), Credit Agreement (At Home Group Inc.)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial StatementsGAAP, except as otherwise specifically prescribed hereinherein or therein.
Appears in 10 contracts
Samples: Credit Agreement (Yellow Corp), Credit Agreement (Yellow Corp), Tranche B Term Loan Credit Agreement (YRC Worldwide Inc.)
Accounting Terms. (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 (except as provided in this Agreement with respect to Investment Entities) applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 9 contracts
Samples: Credit Agreement (Cousins Properties Inc), Term Loan Agreement (Cousins Properties Inc), Assignment and Assumption (Cousins Properties Inc)
Accounting Terms. (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 on a consistent basis, as in effect from time to timeGAAP, applied in a manner consistent with that used in preparing the Audited Annual Financial Statements, except as otherwise specifically prescribed herein.
Appears in 9 contracts
Samples: Credit Agreement (Nexeo Solutions, Inc.), Credit Agreement (WP Prism Inc.), Credit Agreement (LVB Acquisition, Inc.)
Accounting Terms. (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 on a consistent basis, as in effect from time to timeGAAP, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed hereinmanner.
Appears in 9 contracts
Samples: Credit Agreement (Ingersoll Rand Inc.), Credit Agreement (RBC Bearings INC), Credit Agreement (RBC Bearings INC)
Accounting Terms. (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 on a consistent basisGAAP, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 8 contracts
Samples: Credit Agreement (ClubCorp Holdings, Inc.), Credit Agreement (Campbell Alliance Group Inc), Credit Agreement (Campbell Alliance Group Inc)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statementsaudited financial statements, except as otherwise specifically prescribed herein.
Appears in 8 contracts
Samples: Credit Agreement (Quest Energy Partners, L.P.), Credit Agreement (Quest Resource Corp), Credit Agreement (Quest Energy Partners, L.P.)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Initial Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 8 contracts
Samples: Credit Agreement (Comstock Resources Inc), Credit Agreement (Comstock Oil & Gas, LP), Credit Agreement (Comstock Resources Inc)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Initial Financial Statements, except as otherwise specifically prescribed herein.
Appears in 6 contracts
Samples: Credit Agreement, Credit Agreement (QEP Midstream Partners, LP), Credit Agreement (Tesoro Logistics Lp)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 6 contracts
Samples: Loan Agreement (Synutra International, Inc.), Credit Agreement (Concho Resources Inc), Credit Agreement (Concho Resources Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein in this Agreement 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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited audited financial statements required by Clause 19.2 (Annual Financial Statements), except as otherwise specifically prescribed hereinin this Agreement.
Appears in 6 contracts
Samples: Operation and Maintenance Agreement (Globalstar, Inc.), Coface Facility Agreement (Globalstar, Inc.), Coface Facility Agreement (Globalstar, Inc.)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statementsaudited financial statements required by Section 8.1(b), except as otherwise specifically prescribed herein.
Appears in 6 contracts
Samples: Credit Agreement (Broadview Networks Holdings Inc), Credit Agreement (Pool Corp), Credit Agreement (Globalstar, Inc.)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 6 contracts
Samples: Credit Agreement (Sunrun Inc.), Credit Agreement (Spruce Power Holding Corp), Credit Agreement (Sunrun Inc.)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, 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 5 contracts
Samples: Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.)
Accounting Terms. (a) All For purposes of this Agreement, all accounting terms not specifically or completely otherwise 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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Annual Financial Statements, except as otherwise specifically prescribed herein.
Appears in 5 contracts
Samples: Credit Agreement (Total Gas & Electricity (PA) Inc), Credit Agreement (MxEnergy Holdings Inc), Credit Agreement (MxEnergy Holdings Inc)
Accounting Terms. (a) All For purposes of this Agreement, unless otherwise specified herein, all accounting terms not specifically or completely otherwise 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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 5 contracts
Samples: Credit Agreement (Vantage Drilling International), Credit Agreement, Credit Agreement
Accounting Terms. (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 or SAP, as applicable, applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 5 contracts
Samples: Credit Agreement (Delphi Financial Group Inc/De), Credit Agreement (Safeco Corp), Credit Agreement (Delphi Financial Group Inc/De)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial StatementsStatements of APi, except that the Audited Financial Statements of Holdings and the Unaudited Financial Statements of Holdings were prepared in accordance with IFRS and as otherwise specifically prescribed herein.
Appears in 5 contracts
Samples: Credit Agreement (APi Group Corp), Credit Agreement (APi Group Corp), Credit Agreement (APi Group Corp)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statementsaudited financial statements for the fiscal year ended December 31, 2008, except as otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: Credit Agreement (Brookdale Senior Living Inc.), Credit Agreement (Healthcare Realty Trust Inc), Credit Agreement (Omega Healthcare Investors Inc)
Accounting Terms. (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 on a consistent basisGAAP, as in effect from time to time, applied on a consistent basis and in a manner consistent with that used in preparing the Audited Financial Statements, except as to the extent, if any, otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: Credit Agreement (Bj Services Co), Credit Agreement (Bj Services Co), Credit Agreement (Bj Services Co)
Accounting Terms. (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 on a consistent basis, as in effect from time to timewith GAAP, applied in a manner consistent with that used in preparing the Audited Historical Financial Statements, except as otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: Lease Agreement (Goodman Global Group, Inc.), Lease Agreement (Goodman Global Group, Inc.), Term Loan Credit Agreement (Goodman Sales CO)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statementsfinancial statements referred to in Section 5.05, except as otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: Note Agreement (NewStar Financial, Inc.), Note Agreement (NewStar Financial, Inc.), Note Agreement (NewStar Financial, Inc.)
Accounting Terms. (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 on a consistent basisGAAP, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: 364 Day Revolving Credit Agreement (Alltel Corp), Year Revolving Credit Agreement (Alltel Corp), 364 Day Revolving Credit Agreement (Alltel Corp)
Accounting Terms. (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 on a consistent basisGAAP, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statementsaudited Section 6.01 Financials, except as otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: Second Lien Credit Agreement (Keyw Holding Corp), First Lien Credit Agreement (Keyw Holding Corp), Credit Agreement (Keyw Holding Corp)
Accounting Terms. (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 on a consistent basis, as in effect from time to timeGAAP, applied in a manner consistent with that used in preparing the Audited Financial StatementsStatements of the Borrower, except as otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: Term Loan Credit Agreement (RumbleOn, Inc.), Term Loan Credit Agreement (RumbleOn, Inc.), Term Loan Credit Agreement (RumbleOn, Inc.)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: Credit Agreement (Shoals Technologies Group, Inc.), Credit Agreement (Shoals Technologies Group, Inc.), Credit Agreement (Shoals Technologies Group, Inc.)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial StatementsGAAP, except as otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: Credit Agreement (CBRE Acquisition Holdings, Inc.), Credit Agreement (Apria, Inc.), Credit Agreement (GIC Private LTD)
Accounting Terms. (a) All Except as otherwise specifically prescribed herein, 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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the most recent Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (Providence Service Corp), Credit and Guaranty Agreement (Providence Service Corp), Credit and Guaranty Agreement (Abovenet Inc)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statementsfinancial statements referred to in Section 4.01(g), except as otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: Credit Agreement (Ntelos Holdings Corp), Credit Agreement (Ntelos Holdings Corp), Credit Agreement (Ntelos Holdings Corp)
Accounting Terms. (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 on a consistent basis, as in effect from time to timeGAAP, applied in a manner consistent with that used in preparing the Audited Financial Statementsfirst audited financial statements delivered under Section 6.01(a), except as otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: Assignment and Assumption (Vine Resources Inc.), Assignment and Assumption (Vine Resources Inc.), Assignment and Assumption (Vine Resources Inc.)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except EXCEPT as otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: Credit Agreement (Digitalnet Holdings Inc), Bridge Loan Agreement (Digitalnet Holdings Inc), Bridge Loan Agreement (Digitalnet Holdings Inc)
Accounting Terms. (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 on a consistent basisor SAP, as the case may be, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements or Statutory Statements, as of and for the year ended December 31, 2009, as applicable, except as otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: Assignment and Assumption (Metlife Inc), Five Year Credit Agreement (Metlife Inc), Year Credit Agreement (Metlife Inc)
Accounting Terms. (a) All Except as otherwise specifically prescribed herein, 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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: Credit Agreement (Kraton Performance Polymers, Inc.), Credit Agreement (Armstrong World Industries Inc), Credit Agreement (Armstrong World Industries Inc)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed herein.
Appears in 4 contracts
Samples: Term Loan and Security Agreement (FS Energy & Power Fund), Credit Agreement (Directv), Assignment and Assumption (Aptargroup Inc)
Accounting Terms. (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 on a consistent basis, as in effect from time to timeGAAP, applied in a manner consistent with that used in preparing the Audited Historical Financial Statements, except as otherwise specifically prescribed herein.
Appears in 3 contracts
Samples: Credit Agreement (ASC Acquisition LLC), Security Agreement (KKR Financial Holdings LLC), Credit Agreement (KKR Financial Holdings LLC)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial StatementsStatements and using the same asset valuation method as used in such financial statements, except as otherwise specifically prescribed herein.
Appears in 3 contracts
Samples: Credit Agreement (Atlantic Power Corp), Credit Agreement (Atlantic Power Corp), Credit Agreement (Atlantic Power Corp)
Accounting Terms. (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 on a consistent basis, basis as in effect from time to time, 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: Second Lien Credit Agreement (Erickson Air-Crane Inc), Second Lien Credit Agreement (Erickson Air-Crane Inc), Credit Agreement (Erickson Air-Crane Inc)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statementsaudited financial statements for the fiscal year ended December 31, 2004, except as otherwise specifically prescribed herein.
Appears in 3 contracts
Samples: Bank Credit Agreement (Fresenius Medical Care AG & Co. KGaA), Term Loan Credit Agreement (Fresenius Medical Care AG & Co. KGaA), Credit Agreement (Healthcare Realty Trust Inc)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Current Financial Statements, except as otherwise specifically prescribed herein. All financial ratios contemplated by this Agreement shall be calculated on a consolidated basis for Borrowers and their Subsidiaries.
Appears in 3 contracts
Samples: Credit Agreement (EnerJex Resources, Inc.), Credit Agreement (EnerJex Resources, Inc.), Credit Agreement (EnerJex Resources, Inc.)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, 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: Loan Agreement (Century Aluminum Co), Margin Loan Agreement (Sunedison, Inc.), Credit Agreement (Crosstex Energy Inc)
Accounting Terms. (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 on a consistent basisGAAP, as in effect from time to time, 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 and Security Agreement (Ata Holdings Corp), Credit and Security Agreement, Credit and Security Agreement (Ata Holdings Corp)
Accounting Terms. (a) All accounting 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 on a consistent basis, as in effect from time to time, 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 (Carriage Services Inc), Credit Agreement (Sonic Corp), Credit Agreement (Sonic Corp)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, 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 (Precision Castparts Corp), Credit Agreement (Precision Castparts Corp), Credit Agreement (Precision Castparts Corp)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, 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 3 contracts
Samples: Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.)
Accounting Terms. (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 on a consistent basisGAAP, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except as otherwise specifically prescribed hereinBorrower’s financial statements described in Section 7.5.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Standard Pacific Corp /De/), Revolving Credit Agreement (Standard Pacific Corp /De/), Credit Agreement (Standard Pacific Corp /De/)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, 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 (Lumos Networks Corp.), Credit Agreement (Albemarle Corp), Credit Agreement (Albemarle Corp)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial StatementsStatements and using the same inventory valuation method as used in such financial statements, except as otherwise specifically prescribed herein.
Appears in 3 contracts
Samples: Security and Pledge Agreement (Imation Corp), Credit Agreement (Imation Corp), Credit Agreement (Imation Corp)
Accounting Terms. (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 on a consistent basis, as in effect from time to timeGAAP, applied in a manner consistent with that used in preparing the Audited Financial StatementsBorrower’s prior audited financial statements, except as otherwise specifically prescribed herein.
Appears in 3 contracts
Samples: Credit Agreement (RingCentral, Inc.), Credit Agreement (RingCentral, Inc.), Credit Agreement (RingCentral, Inc.)
Accounting Terms. (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 on a consistent basisGAAP, as in effect from time to time, 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 and Guaranty Agreement (Macquarie Infrastructure Corp), Credit and Guaranty Agreement, Credit Agreement (Dynegy Inc /Il/)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statementsaudited financial statements for the fiscal year ended December 31, 2003, except as otherwise specifically prescribed herein.
Appears in 3 contracts
Samples: Day Credit Agreement (Albemarle Corp), Credit Agreement (Albemarle Corp), 364 Day Credit Agreement (Albemarle Corp)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein in this Agreement shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to by this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, 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 (Reliance Steel & Aluminum Co), Credit Agreement (Reliance Steel & Aluminum Co), Credit Agreement (Reliance Steel & Aluminum Co)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statementsaudited financial statements required by Section 9.1(b), except as otherwise specifically prescribed herein.
Appears in 3 contracts
Samples: Credit Agreement (La-Z-Boy Inc), Credit Agreement (La-Z-Boy Inc), Credit Agreement (La-Z-Boy Inc)
Accounting Terms. (aA) All accounting terms not specifically or completely defined herein shall be are 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 withwith GAAP, GAAP applied on a consistent basis, as in effect from time to time, applied time and in a manner consistent with that used in preparing the Audited Financial Statements, audited financial statements required by Section 6.1(A) except as otherwise specifically prescribed herein.
Appears in 3 contracts
Samples: Term Loan Agreement (Petroquest Energy Inc), Multidraw Term Loan Agreement (Petroquest Energy Inc), Multidraw Term Loan Agreement (Petroquest Energy Inc)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, and applied on a consistent basis in a manner consistent with that used in preparing the Audited Financial StatementsBorrower's audited financial statements, except as otherwise specifically prescribed herein.
Appears in 3 contracts
Samples: Credit Agreement (McEwen Mining Inc.), Credit Agreement (McEwen Mining Inc.), Credit Agreement (McEwen Mining Inc.)
Accounting Terms. (a) All Except as otherwise specifically prescribed herein, 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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Pre-Closing Financial Statements, except as otherwise specifically prescribed herein.
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Potbelly Corp), Credit and Guaranty Agreement (Mesa Air Group Inc), Engine Lease Agreement (Mesa Air Group Inc)
Accounting Terms. (a) All For purposes of this Agreement, all accounting terms not specifically or completely otherwise 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 on a consistent basis, as in effect from time to time, 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 (Cig Wireless Corp.), Credit Agreement (Cig Wireless Corp.), Credit Agreement (Cig Wireless Corp.)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, 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 (Sabra Health Care REIT, Inc.), Credit Agreement (Sabra Health Care REIT, Inc.)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statementsaudited financial statements for the fiscal year ended December 31, 2002, except as otherwise specifically prescribed herein.
Appears in 2 contracts
Samples: Credit Agreement (Amerigroup Corp), Credit Agreement (Healthcare Realty Trust Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein in this Agreement shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to by this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except EXCEPT as otherwise specifically prescribed herein.
Appears in 2 contracts
Samples: Credit Agreement (K2 Inc), Credit Agreement (Big Dog Holdings Inc)
Accounting Terms. (a) All For purposes of this Agreement, all accounting terms not specifically or completely otherwise 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 on a consistent basis, as in effect from time to time, 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 (Willbros Group Inc), Credit Agreement (Willbros Group Inc)
Accounting Terms. (a) All For purposes of this Agreement, all accounting terms not specifically or completely otherwise 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 on a consistent basis, as in effect from time to time, 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: Pledge Agreement (Seahawk Drilling, Inc.), Credit Agreement (Vantage Drilling CO)
Accounting Terms. (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 on a consistent basisGAAP, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statementsfinancial statements, except as otherwise specifically prescribed herein.
Appears in 2 contracts
Accounting Terms. (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) calculations required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time, 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: Revolving Credit Agreement (Anixter International Inc), Revolving Credit Agreement (Anixter International Inc)
Accounting Terms. (a) All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including covenants, financial ratios and other financial calculations) required to be submitted pursuant to calculations contained in this Agreement shall be prepared in conformity with, with GAAP applied on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing consistently throughout the Audited Financial Statementsperiods reflected therein, except as otherwise specifically prescribed herein.
Appears in 2 contracts
Samples: Day Credit Agreement (L 3 Communications Holdings Inc), Credit Agreement (L 3 Communications Holdings Inc)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied on a consistent basis and in a manner consistent with that used in preparing the Audited Financial Statementsaudited financial statements required by Section 6.5(a), except as otherwise specifically prescribed herein.
Appears in 2 contracts
Samples: Credit Agreement (Hhgregg, Inc.), Credit Agreement (Hhgregg, Inc.)
Accounting Terms. (a) All For purposes of this Agreement, all accounting terms not specifically or completely otherwise 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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Initial Financial Statements, except as otherwise specifically prescribed herein.
Appears in 2 contracts
Samples: Security and Guaranty Agreement (Horsehead Holding Corp), Credit Agreement (Horsehead Holding Corp)
Accounting Terms. (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 Agreement, if any, shall be prepared in conformity with, with GAAP applied on a consistent basis, as in effect from time to time, 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 (W.W. Grainger, Inc.), Credit Agreement (Grainger W W Inc)
Accounting Terms. (aii) 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 on a consistent basis, as in effect from time to time, 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 (McClatchy Co), Restatement Agreement (McClatchy Co)
Accounting Terms. (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 on a consistent basis, as in effect from time to timeGAAP, applied in a manner consistent with that used in preparing the Audited Financial Consolidated Statements, except as otherwise specifically prescribed herein.
Appears in 2 contracts
Samples: Credit Agreement (New York Times Co), Credit Agreement (New York Times Co)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statementsaudited financial statements for the fiscal year ended December 31, 2010, except as otherwise specifically prescribed herein.
Appears in 2 contracts
Samples: Term Loan Agreement (Healthcare Realty Trust Inc), Credit Agreement (Healthcare Realty Trust Inc)
Accounting Terms. (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 on a consistent basis, as in effect from time to timeGAAP, applied in a manner consistent with that used historical practices in preparing effect as of the Audited Financial StatementsClosing Date, except as otherwise specifically prescribed herein.
Appears in 2 contracts
Samples: Credit Agreement (Performance Food Group Co), Assignment and Assumption (Performance Food Group Co)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, 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 (Copart Inc), Credit Agreement (Copart Inc)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, 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 (United Industries Corp), Credit Agreement (United Industries Corp)
Accounting Terms. (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 on a consistent basis, as in effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements, except EXCEPT as otherwise specifically prescribed herein.
Appears in 2 contracts
Samples: Credit Agreement (Enbridge Energy Limited Partnership), Assignment and Acceptance Agreement (Enbridge Energy Partners Lp)
