Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “financial statements” shall include the notes and schedules thereto.
Appears in 138 contracts
Samples: Loan and Security Agreement (Silvaco Group, Inc.), Loan and Security Agreement (Ammo, Inc.), Loan and Security Agreement (Zedge, Inc.)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “"financial statements” " shall include the notes and schedules thereto.
Appears in 118 contracts
Samples: Loan and Security Agreement (908 Devices Inc.), Loan and Security Agreement (908 Devices Inc.), Loan Agreement (Clarient, Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP GAAP, and all calculations made financial data required to be delivered hereunder shall be made prepared in accordance with GAAP. When used herein, the terms “financial statements” shall include the notes and schedules thereto.
Appears in 94 contracts
Samples: Credit Agreement, Credit Agreement (Hampshire Group LTD), Credit Agreement (Hampshire Group LTD)
Accounting Terms. All Any accounting terms term not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms The term “financial statements” shall include the accompanying notes and schedules theretoschedules.
Appears in 37 contracts
Samples: Loan Agreement (Ault Alliance, Inc.), Loan and Security Agreement (Imperalis Holding Corp.), Loan and Security Agreement
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms term “financial statements” shall include the notes and schedules thereto.
Appears in 20 contracts
Samples: Credit Agreement (PLBY Group, Inc.), Credit Agreement (PLBY Group, Inc.), Credit Agreement (PLBY Group, Inc.)
Accounting Terms. All accounting terms not specifically defined ---------------- herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “"financial statements” " shall include the notes and schedules thereto.
Appears in 18 contracts
Samples: Loan and Security Agreement (Jetfax Inc), Loan and Security Agreement (Iprint Technologies Inc), Loan and Security Agreement (Quicklogic Corporation)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “term "financial statements” " shall include the notes and schedules thereto.
Appears in 15 contracts
Samples: Loan Agreement (Cartoon Acquisition, Inc.), Loan Agreement (Arg Property Management Corp), Loan and Security Agreement (Foster Wheeler LTD)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP GAAP, as applicable, and all calculations required to be made hereunder and all financial information required to be provided hereunder shall be made done or prepared in accordance with GAAP. When used herein, the terms “financial statements” shall include the notes and schedules thereto.
Appears in 14 contracts
Samples: First Lien Credit Agreement (Cardtronics LP), Credit Agreement (Comfort Systems Usa Inc), Credit Agreement (Comfort Systems Usa Inc)
Accounting Terms. All Any accounting terms term not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “The term "financial statements” " shall include the accompanying notes and schedules theretoschedules.
Appears in 6 contracts
Samples: Loan and Security Agreement (Genoptix Inc), Loan Agreement (Qad Inc), Loan and Security Agreement (Vitalstream Holdings Inc)
Accounting Terms. All accounting terms not specifically ---------------- defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “"financial statements” " shall include the notes and schedules thereto.
Appears in 6 contracts
Samples: Loan and Security Agreement (Iprint Technologies Inc), Loan and Security Agreement (Iprint Technologies Inc), Loan and Security Agreement (Onsale Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “term "financial statements” " shall include the notes and schedules thereto.
Appears in 5 contracts
Samples: Revolving Credit and Term Loan & Security Agreement (Motorvac Technologies Inc), Loan Agreement (Stanford Microdevices Inc), Loan and Security Agreement (Mti Technology Corp)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder financial statements submitted pursuant to this Agreement shall be made prepared in accordance with with, and all financial data submitted pursuant hereto shall be derived from financial statements prepared in accordance with, GAAP. When used herein, the terms “financial statements” shall include the notes and schedules thereto.
Appears in 5 contracts
Samples: Credit Agreement (Secunda International LTD), Credit Agreement (Seabulk Offshore LTD), Credit Agreement (Offshore Logistics INC)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms term “financial statements” shall include the notes and schedules thereto.. Whenever the term “
Appears in 4 contracts
Samples: Credit Agreement (Acreage Holdings, Inc.), Credit Agreement (Acreage Holdings, Inc.), Credit Agreement (Canopy Growth Corp)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP GAAP, and all calculations made financial data required to be delivered hereunder shall be made prepared in accordance with GAAP. When used herein, the terms “financial statements” shall include the notes and schedules theretoconsistently applied.
Appears in 4 contracts
Samples: Revolving Credit and Security Agreement (Cityscape Financial Corp), Revolving Credit and Security Agreement (Cityscape Financial Corp), Loan and Security Agreement (Imc Mortgage Co)
Accounting Terms. All accounting terms not specifically defined ---------------- herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used hereinhereto, the terms “"financial statements” " shall include the notes and schedules thereto.
Appears in 3 contracts
Samples: Loan and Security Agreement (Crossworlds Software Inc), Loan and Security Agreement (Crossworlds Software Inc), Loan and Security Agreement (Crossworlds Software Inc)
Accounting Terms. All accounting terms not specifically ---------------- defined herein shall be construed in accordance with GAAP GAAP, and all calculations made financial data required to be delivered hereunder shall be made prepared in accordance with GAAP. When used herein, the terms “financial statements” shall include the notes and schedules thereto.
Appears in 3 contracts
Samples: Loan Agreement (Taubman Centers Inc), Secured Revolving Credit Agreement (Taubman Centers Inc), Credit Agreement (Mercator Software Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAPGAAP as in effect from time to time. When used herein, the terms “"financial statements” " shall include the notes and schedules thereto.
Appears in 3 contracts
Samples: Customer Investment Agreement (Lemonade, Inc.), Customer Investment Agreement (Lemonade, Inc.), Customer Investment Agreement (Lemonade, Inc.)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made constituted in accordance with GAAP. When used herein, the terms term “financial statementsFinancial Statements” shall include the notes and schedules thereto, if applicable.
Appears in 3 contracts
Samples: Loan Agreement, Loan Agreement (Amphastar Pharmaceuticals, Inc.), Loan Agreement (Amphastar Pharmaceuticals, Inc.)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP GAAP, and all calculations made financial data required to be delivered hereunder shall be made prepared in accordance with GAAP. When used , applied on a consistent basis; except as otherwise specifically prescribed herein, the terms “financial statements” shall include the notes and schedules thereto.
Appears in 3 contracts
Samples: Indenture (Westbridge Capital Corp), Indenture (Iat Multimedia Inc), Indenture (Iat Multimedia Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “term "financial statements” " shall include the notes and schedules thereto.. Whenever the term "
Appears in 2 contracts
Samples: Loan Agreement (Philip Services Corp/De), Loan and Security Agreement (Starcraft Corp /In/)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “term "financial statements” " shall include the notes and schedules thereto.and
Appears in 2 contracts
Samples: Loan and Security Agreement (Mendocino Brewing Co Inc), Loan and Security Agreement (Concurrent Computer Corp/De)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “term "financial statements” statement" shall include the all notes and schedules thereto.
Appears in 2 contracts
Samples: Secured Line of Credit Lending Agreement (Ilx Resorts Inc), Secured Line of Credit Lending Agreement (Ilx Resorts Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP GAAP, and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “financial statements” shall include the notes and schedules thereto.
Appears in 2 contracts
Samples: Loan and Security Agreement (Latch, Inc.), Loan and Security Agreement (Star Mountain Lower Middle-Market Capital Corp)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms term “financial statementsstatement” shall include the all notes and schedules thereto.
Appears in 2 contracts
Samples: Loan and Security Agreement (Diamond Resorts Parent, LLC), Receivables Loan and Security Agreement (Diamond Resorts Parent, LLC)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP (except that interim financial statements shall not include normally recurring year-end adjustments or the notes required by GAAP). When used herein, the terms “financial statements,” other than when used with respect to interim financial statements, shall include the notes and schedules thereto.
Appears in 2 contracts
Samples: Convertible Loan and Security Agreement (Vuzix Corp), Convertible Loan and Security Agreement (Vuzix Corp)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made constituted in accordance with GAAP. When used herein, the terms “term "financial statements” " shall include the notes and schedules thereto.
Appears in 2 contracts
Samples: Business Loan and Security Agreement (Syntax-Brillian Corp), Business Loan and Security Agreement (Syntax-Brillian Corp)
Accounting Terms. All accounting terms not specifically defined herein ---------------- shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “term "financial statements” " shall include the notes and schedules thereto.
Appears in 1 contract
Samples: Revolving Loan and Security Agreement (Iprint Technologies Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “"financial statements” " shall include the notes and schedules thereto.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein in shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms The term “financial statements” shall include the accompanying notes and schedules theretoschedules.
Appears in 1 contract
Samples: Loan and Security Agreement (Portfolio Recovery Associates Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “financial statements” shall include the notes and schedules thereto.,
Appears in 1 contract
Samples: Loan and Security Agreement (BlackSky Technology Inc.)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made as in accordance with GAAPeffect at the applicable date of determination. When used herein, the terms “term "financial statements” " shall include the notes and schedules thereto.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “financial statements” shall include the notes and schedules thereto.
Appears in 1 contract
Samples: Loan and Security Agreement (Aviza Technology, Inc.)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “financial statements” term "Financial Statements" shall include the notes and schedules thereto.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Avanex Corp)
Accounting Terms. All accounting terms not specifically defined ---------------- herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “term "financial statements” " shall include the notes and schedules thereto.
Appears in 1 contract
Samples: Revolving Loan and Security Agreement (Iprint Technologies Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP GAAP, and all calculations made hereunder financial data submitted pursuant to this Agreement shall be made prepared in accordance with GAAPsuch principles. When used herein, the terms “term "financial statements” " shall include the notes Note and schedules thereto.
Appears in 1 contract
Samples: Credit Agreement (Spacehab Inc \Wa\)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “"financial statements” " shall include the notes and schedules thereto.. LOAN AND TERMS OF PAYMENT -------------------------
Appears in 1 contract
Samples: Loan and Security Agreement (Electronic Designs Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAPGAAP consistently applied in the books and records of Borrower. When used herein, the terms “"financial statements” " shall include the notes and schedules thereto. This Agreement shall be construed to impart upon Bank a duty to act reasonably at all times. 2.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with US GAAP and all calculations made hereunder shall be made in accordance with US GAAP. When used herein, the terms “financial statements” shall include the notes and schedules thereto, if applicable.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP GAAP, as applied by the Borrower, and all calculations made hereunder shall be made in accordance with GAAP, as applied by the Borrower. When used herein, the terms “financial statements” shall include the notes notes, if any, and schedules thereto.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically specifical ---------------- defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “"financial statements” " shall include the notes and schedules thereto.
Appears in 1 contract
Samples: Loan Agreement (Ultradata Corp)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “financial "Financial statements” " shall include the notes and schedules thereto.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein herein, shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “term financial statements” statements shall include the notes and schedules thereto.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP GAAP, as applied by Xxxxxxxx, and all calculations made hereunder shall be made in accordance with GAAP, as applied by Xxxxxxxx. When used herein, the terms “financial statements” shall include the notes notes, if any, and schedules thereto.
Appears in 1 contract
Samples: Loan and Security Agreement
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “the, term "financial statements” " shall include the notes and schedules thereto.
Appears in 1 contract
Samples: Revolving Credit Note (Hall Kinion & Associates Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP (except that interim monthly financial statements which may not include normally recurring year-end adjustments or the notes required by GAAP). When used herein, the terms “financial statements,” other than when used with respect to interim monthly financial statements, shall include the notes and schedules thereto.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “financial statements” shall include the notes and schedules thereto. All other capitalized terms contained in this Agreement, unless otherwise indicated, shall have the meaning provided by the Code to the extent such terms are defined therein.
Appears in 1 contract
Samples: Loan and Security Agreement (Bridgeline Digital, Inc.)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made constituted in accordance with GAAP. When used herein, the terms term “financial statements” shall include the notes and schedules thereto.
Appears in 1 contract
Samples: Business Loan and Security Agreement (Syntax-Brillian Corp)
Accounting Terms. All Except as set forth on Schedule 1.2, all accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “financial statements” shall include the notes and schedules thereto.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, herein the terms “"financial statements” " shall include the notes and schedules thereto.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “financial statements” shall include the notes and schedules thereto, if applicable.
Appears in 1 contract
Samples: Loan and Security Agreement (CNL Strategic Capital, LLC)
Accounting Terms. All Any accounting terms term not specifically defined herein shall be construed in accordance with GAAP GAAP, and all financial covenant calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms The term “financial statements” shall include the accompanying notes and schedules theretoschedules.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall will be construed in accordance with GAAP and all calculations made hereunder shall will be made in accordance with GAAP. When used herein, the terms “term "financial statements” shall include " includes the notes and schedules thereto.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein ---------------- shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “"financial statements” " shall include the notes and schedules thereto.
Appears in 1 contract
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP GAAP, as applied by Borrower, and all calculations made hereunder shall be made in accordance with GAAP, as applied by Borrower. When used herein, the terms “financial statements” shall include the notes notes, if any, and schedules thereto.
Appears in 1 contract
Samples: Loan and Security Agreement
Accounting Terms. All accounting terms not ---------------- specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “"financial statements” " shall include the notes and schedules thereto.
Appears in 1 contract
Samples: Loan and Security Agreement (Iprint Technologies Inc)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP and all calculations made hereunder shall be made in accordance with GAAP (except that interim financial statements shall not include normally recurring year-end adjustments or the notes required by GAAP). When used herein, the terms “"financial statements” ," other than when used with respect to interim financial statements, shall include the notes and schedules thereto.
Appears in 1 contract
Samples: Convertible Loan and Security Agreement (Lc Capital Master Fund LTD)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP GAAP, and all calculations made hereunder shall be made in accordance with GAAP. When used herein, the terms “financial statements” shall include the any notes and schedules thereto.
Appears in 1 contract
Samples: Loan and Security Agreement (Orchard Enterprises, Inc.)
