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 141 contracts
Sources: Loan and Security Agreement (Exyn Technologies, Inc.), Loan and Security Agreement (Exyn Technologies, Inc.), Note Purchase Agreement (BillionToOne, 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
Sources: Loan and Security Agreement (908 Devices Inc.), Loan and Security Agreement (908 Devices Inc.), Loan Agreement (Clarient, 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 38 contracts
Sources: Loan Agreement (Ault Alliance, Inc.), Loan and Security Agreement (Imperalis Holding Corp.), Loan Agreement (Ault Alliance, 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 20 contracts
Sources: 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
Sources: 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 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
Sources: First Lien Credit Agreement (Cardtronics LP), Credit Agreement (Comfort Systems Usa Inc), Credit Agreement (Comfort Systems Usa 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 6 contracts
Sources: Credit Agreement (Canopy Growth Corp), Credit Agreement (Acreage Holdings, Inc.), Credit Agreement (Acreage 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
Sources: Loan and Security Agreement (Iprint Technologies Inc), Loan and Security Agreement (Iprint Technologies Inc), Loan and Security Agreement (Onsale 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
Sources: 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 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
Sources: 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 GAAPGAAP as in effect from time to time. When used herein, the terms “"financial statements” " shall include the notes and schedules thereto.
Appears in 5 contracts
Sources: 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 accounting determinations required to be made hereunder shall pursuant hereto shall, unless expressly otherwise provided herein, be made in accordance with GAAP. When used herein, the terms “financial statements” shall include the notes and schedules thereto.
Appears in 5 contracts
Sources: Debt Agreement (WHX Corp), Credit Agreement (Wheeling Pittsburgh Corp /De/), Credit Agreement (WHX 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 5 contracts
Sources: 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 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
Sources: 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 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 4 contracts
Sources: Loan and Security Agreement (Carlsmed, Inc.), Loan and Security Agreement (Audioeye Inc), Loan and Security Agreement (Latch, 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
Sources: 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 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
Sources: 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 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
Sources: 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 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
Sources: 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
Sources: 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 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 2 contracts
Sources: Loan and Security Agreement (CNL Strategic Residential Credit, Inc.), Loan and Security Agreement (CNL Strategic Capital, 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. When used herein, the terms “term "financial statements” " shall include the notes and schedules thereto.. Whenever the term "
Appears in 2 contracts
Sources: 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 constituted in accordance with GAAP. When used herein, the terms “term "financial statements” " shall include the notes and schedules thereto.
Appears in 2 contracts
Sources: 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 (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
Sources: 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 in accordance with GAAP. When used herein, the terms term “financial statementsstatement” shall include the all notes and schedules thereto.
Appears in 2 contracts
Sources: Loan and Security Agreement (Diamond Resorts Parent, LLC), Receivables Loan and Security Agreement (Diamond Resorts Parent, LLC)
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 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 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
Sources: Loan and Security Agreement (Electronic Designs Inc)
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 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
Sources: 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 “term "financial statements” " shall include the notes and schedules thereto.
Appears in 1 contract
Sources: 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, 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
Sources: 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
Sources: 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. When used herein, the terms “financial statements” term "Financial Statements" shall include the notes and schedules thereto.
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Avanex Corp)
Accounting Terms. All accounting terms not specifically defined herein shall be construed in accordance with GAAP GAAP, as applied by ▇▇▇▇▇▇▇▇, and all calculations made hereunder shall be made in accordance with GAAP, as applied by ▇▇▇▇▇▇▇▇. When used herein, the terms “financial statements” shall include the notes notes, if any, and schedules thereto.
Appears in 1 contract
Sources: Loan and Security Agreement
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 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 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
Sources: 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 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
Sources: 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 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, the terms “term "financial statements” " shall include the notes and schedules thereto.
Appears in 1 contract
Sources: 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 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 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
Sources: Loan and Security Agreement (Iprint Technologies Inc)
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 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
Sources: 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
Sources: Loan and Security Agreement (Orchard Enterprises, 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 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 term “financial statements” shall include the notes notes, if any, and schedules thereto.
Appears in 1 contract
Sources: Loan and Security Agreement (Emery Partners Income Credit Strategies Fund)
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 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
Sources: 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 in accordance with GAAP. When used herein, the terms “financial statements” shall include the notes and schedules thereto.
Appears in 1 contract
Sources: Loan and Security Agreement (Aviza Technology, 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
Sources: Credit Agreement (Spacehab Inc \Wa\)