Definitions and Accounting Terms 1 Sample Clauses

Definitions and Accounting Terms 1. Section 1.01. Certain Defined Terms 1 Section 1.02. Computation of Time Periods 15 Section 1.03. Accounting Terms 15 Section 1.04. Miscellaneous 16
Sample 1See All (5)
AutoNDA by SimpleDocs
Definitions and Accounting Terms 1. Section 1.1. Certain Defined Terms 1 Section 1.2. Computation of Time Periods 38 Section 1.3. Accounting Terms; Changes in GAAP 38 Section 1.4. Classes and Types of Advances 39 Section 1.5. Miscellaneous 39 Section 1.6. Foreign Currency 39 Section 2.1. Revolving Commitment 41 Section 2.2. Letters of Credit 44 Section 2.3. Swing Line Advances 50 Section 2.4. Advances 53 Section 2.5. Prepayments 55 Section 2.6. Repayment 56 Section 2.7. Fees 56 Section 2.8. Interest 57 Section 2.9. Illegality 58 Section 2.10. Breakage and Other Costs 59 Section 2.11. Increased Costs 59 Section 2.12. Payments and Computations 61 Section 2.13. Taxes 62 Section 2.14. Replacement of Lenders 66 Section 2.15. Increase in Commitments 67 Section 2.16. Defaulting Lender 68 Section 3.1. Conditions Precedent to Effectiveness 70 Section 3.2. Conditions Precedent to Each Borrowing and to Each Issuance, Extension or Renewal of a Letter of Credit 73 Section 3.3. Determinations Under Sections 3.1 and 3.2 74 Section 4.1. Organization 74 Section 4.2. Authorization 74 Section 4.3. Enforceability 74 Section 4.4. Financial Condition 75 Section 4.5. Ownership and Liens; Real Property 75 Section 4.6. True and Complete Disclosure 75 Section 4.7. Litigation 75 Section 4.8. Compliance with Agreements 76 Section 4.9. Pension Plans 76 Section 4.10. Environmental Condition 76 Section 4.11. Subsidiaries 77 Section 4.12. Investment Company Act 77 Section 4.13. Taxes 77 Section 4.14. Permits, Licenses, etc 77 Section 4.15. Use of Proceeds 78 Section 4.16. Condition of Property; Casualties 78 Section 4.17. Insurance 78 Section 4.18. Security Interest 78 Section 4.19. Pro Forma Compliance with Senior Secured Leverage Ratio 78 Section 4.20. Solvency 78 Section 4.21. Senior Indebtedness 78 Section 4.22. Anti-Corruption Laws and Sanctions 79 Section 5.1. Organization 79 Section 5.2. Reporting 79 Section 5.3. Insurance 82 Section 5.4. Compliance with Laws and Sanctions 83 Section 5.5. Taxes 83 Section 5.6. Anti-Corruption; Sanctions 83 Section 5.7. Security 83 Section 5.8. New Subsidiaries; Designations with Respect to Subsidiaries 84 Section 5.9. Records; Inspection 85 Section 5.10. Maintenance of Property 85 Section 5.11. Field Exams 85 Section 5.12. Post-Closing 86
Sample 1See All (5)
Definitions and Accounting Terms 1. Section 1.1. Certain Defined Terms 1 Section 1.2. Computation of Time Periods 19 Section 1.3. Accounting Terms; Applicable Margin Ratings 19 Section 1.4. Currency Equivalents 20 Section 1.5. Incorporation by Reference of Provisions in the AGCO Revolving Credit Agreement 20 Section 1.6. Construction 21
Sample 1Sample 2
Definitions and Accounting Terms 1. Section 1.1 Certain Defined Terms 1 Section 1.2 Computation of Time Periods 29 Section 1.3 Accounting Terms; Changes in GAAP 29 Section 1.4 Classes and Types of Advances 29 Section 1.5 Other Interpretive Provisions 30 Section 1.6 Exchange Rates; Currency Equivalents 30 Section 1.7 Agreed Currencies 31 Section 1.8 Change of Currency 31 Section 1.9 Several Obligations of Borrowers 32 ARTICLE II CREDIT FACILITIES 32 Section 2.1 Commitments. 32 Section 2.2 Evidence of Indebtedness 34 Section 2.3 Letters of Credit 34 Section 2.4 Swingline Advances 40 Section 2.5 Bankers’ Acceptances 43 Section 2.6 Borrowings; Procedures and Limitations 45 Section 2.7 Prepayments; Defeasance 51 Section 2.8 Repayment 54 Section 2.9 Fees 54 Section 2.10 Interest 56 Section 2.11 Illegality 57 Section 2.12 Breakage Costs 57 Section 2.13 Increased Costs 58 Section 2.14 Payments and Computations 59 Section 2.15 Taxes 62 Section 2.16 Replacement of Lenders 65
Sample 1
Definitions and Accounting Terms 1. Defined Terms - 1 -
Sample 1
Definitions and Accounting Terms 1. Section 1.1. Definitions 1 Section 1.2. Accounting Terms 21 Section 1.3. Construction of Terms 21
Sample 1
Definitions and Accounting Terms 1. Section 1.1 Defined Terms 1 Section 1.2 Use of Defined Terms 18 Section 1.3 Cross-References 18 Section 1.4 Accounting and Financial Determinations 18 Section 2.1 Commitment 19 Section 2.2 Borrowing Procedures 19 Section 2.3 Funding 19 Section 2.4 Reduction of the Commitment Amounts 19 Section 2.5 Continued Effectiveness of Existing Loan Documents 19
Sample 1
AutoNDA by SimpleDocs
Definitions and Accounting Terms 1. Section 1.1. Certain Defined Terms 1 Section 1.2. Computation of Time Periods 17 Section 1.3. Accounting Terms 17 Section 1.4. Currency Equivalents 18 Section 1.5. Incorporation by Reference of Provisions in the AGCO Revolving Credit Agreement 18 Section 1.6. Construction 19 Section 2.1. The Term Loan 20 Section 2.2. Making the Term Loan 20 Section 2.3. Reduction of the Commitments 20 Section 2.4. Repayments and Prepayments 20 Section 2.5. Interest 21 Section 2.6. Minimum Interest Rates and Payments 21 Section 2.7. [Intentionally Omitted] 21 Section 2.8. Payments and Computations 22 Section 2.9. Sharing of Payments, Etc. 23 Section 2.10. Intentionally Omitted 24 Section 2.11. Defaulting Lenders 24 Section 3.1. Conditions Precedent to Agreement Date 24 Section 3.2. Determinations Under Section 3.1 27 Section 3.3. Qualifications as a Qualifying Bank 27
Sample 1
Definitions and Accounting Terms 1 
Sample 1Sample 2Sample 3See All (9)

Related to Definitions and Accounting Terms 1

  • Definitions and Accounting Terms Section 1.01.

  • Definitions Interpretation and Accounting Terms Defined Terms 1 Section 1.2 Computation of Time Periods 17 Section 1.3 Accounting Terms and Principles 18 Section 1.4 Conversion of Foreign Currencies 18 Section 1.5 Certain Terms 18

  • Definitions and Accounting Matters Section 1.01 Terms Defined Above 1 Section 1.02 Certain Defined Terms 1 Section 1.03 Types of Loans and Borrowings 20 Section 1.04 Terms Generally; Rules of Construction 20 Section 1.05 Accounting Terms and Determinations; GAAP 21

  • Accounting Terms; GAAP Except as otherwise expressly provided herein, all terms of an accounting or financial nature shall be construed in accordance with GAAP, as in effect from time to time; provided that, if the Borrower notifies the Administrative Agent that the Borrower requests an amendment to any provision hereof to eliminate the effect of any change occurring after the date hereof in GAAP or in the application thereof on the operation of such provision (or if the Administrative Agent notifies the Borrower that the Required Lenders request an amendment to any provision hereof for such purpose), regardless of whether any such notice is given before or after such change in GAAP or in the application thereof, then such provision shall be interpreted on the basis of GAAP as in effect and applied immediately before such change shall have become effective until such notice shall have been withdrawn or such provision amended in accordance herewith.

  • Accounting Terms and Calculations Except as may be expressly provided to the contrary herein, all accounting terms used herein shall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP. To the extent any change in GAAP affects any computation or determination required to be made pursuant to this Agreement, such computation or determination shall be made as if such change in GAAP had not occurred unless the Borrower and the Bank agree in writing on an adjustment to such computation or determination to account for such change in GAAP.

  • Accounting Terms; Utilization of GAAP for Purposes of Calculations Under Agreement Except as otherwise expressly provided in this Agreement, all accounting terms not otherwise defined herein shall have the meanings assigned to them in conformity with GAAP. Financial statements and other information required to be delivered by Company to Lenders pursuant to clauses (ii), (iii) and (xii) of subsection 6.1 shall be prepared in accordance with GAAP as in effect at the time of such preparation (and delivered together with the reconciliation statements provided for in subsection 6.1(v)). Calculations in connection with the definitions, covenants and other provisions of this Agreement shall utilize GAAP as in effect on the date of determination, applied in a manner consistent with that used in preparing the financial statements referred to in subsection 5.3. If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and Company, Administrative Agent or Requisite Lenders shall so request, Administrative Agent, Lenders and Company shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof in light of such change in GAAP (subject to the approval of Requisite Lenders), provided that, until so amended, such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and Company shall provide to Administrative Agent and Lenders reconciliation statements provided for in subsection 6.1(v).

  • Accounting Terms All accounting terms not specifically defined herein shall be construed in accordance with generally accepted accounting principles consistent with those applied in the preparation of the financial statements referred to in Section 4.01(e) ("GAAP").

  • Accounting Terms; Changes in GAAP (a) All accounting terms not specifically defined in this Agreement shall be construed in accordance with GAAP applied on a consistent basis. (b) Unless otherwise indicated, all financial statements of the Borrower and the Parent, all calculations for compliance with covenants in this Agreement, and all calculations of any amounts to be calculated under the definitions in Section 1.01 shall be based upon the Consolidated accounts of the Borrower, the Parent and their respective Subsidiaries (as applicable) in accordance with GAAP. (c) If any changes in accounting principles after the Closing Date required by GAAP or the Financial Accounting Standards Board of the American Institute of Certified Public Accountants or similar agencies results in a change in the method of calculation of, or affects the results of such calculation of, any of the financial covenants, standards or terms found in this Agreement, then the parties shall enter into and diligently pursue negotiations in order to amend such financial covenants, standards or terms so as to equitably reflect such change, with the desired result that the criteria for evaluating the financial condition of Borrower and its Subsidiaries (determined on a Consolidated basis) shall be the same after such change as if such change had not been made. Until covenants, standards, or terms of this Agreement are amended in accordance with this Section 1.3(c), such covenants, standards and terms shall be computed and determined in accordance with accounting principles in effect prior to such change in accounting principles. (d) Notwithstanding any other provision contained herein, all terms of an accounting or financial nature used herein shall be construed, and all computations of amounts and ratios referred to herein shall be made (i) without giving effect to any election under Accounting Standards Codification 000-00-00 (or any other Accounting Standards Codification or Financial Accounting Standard having a similar result or effect) to value any Indebtedness or other liabilities of the Borrower or any Subsidiary at “fair value”, as defined therein, and (ii) without giving effect to any treatment of Indebtedness in respect of convertible debt instruments under Accounting Standards Codification 470-20 (or any other Accounting Standards Codification or Financial Accounting Standard having a similar result or effect) to value any such Indebtedness in a reduced or bifurcated manner as described therein, and such Indebtedness shall at all times be valued at the full stated principal amount thereof.

  • Accounting Terms; GAAP; Pro Forma Calculations Except as otherwise expressly provided herein, all terms of an accounting or financial nature shall be construed in accordance with GAAP, as in effect from time to time; provided that, if the Borrower notifies the Administrative Agent that the Borrower requests an amendment to any provision hereof to eliminate the effect of any change occurring after the date hereof in GAAP or in the application thereof on the operation of such provision (or if the Administrative Agent notifies the Borrower that the Required Lenders request an amendment to any provision hereof for such purpose), regardless of whether any such notice is given before or after such change in GAAP or in the application thereof, then such provision shall be interpreted on the basis of GAAP as in effect and applied immediately before such change shall have become effective until such notice shall have been withdrawn or such provision amended in accordance herewith. Notwithstanding any other provision contained herein, all terms of an accounting or financial nature used herein shall be construed, and all computations of amounts and ratios referred to herein shall be made, without giving effect to any election under Financial Accounting Standards Board Accounting Standards Codification 825 (or any other Financial Accounting Standard having a similar result or effect) to value any Indebtedness or other liabilities of the Company, the Borrower or any Subsidiary at “fair value”, as defined therein. If one or more of the Borrower, its Subsidiaries or any Investment Affiliate (i) acquires (including, without limitation, by merger or consolidation or another combination with any Person) any Real Estate Asset having a fair market value in excess of $25,000,000 or (ii) sells, transfers or disposes of any Real Estate Asset having a fair market value equal or greater than $25,000,000 (including as a result of the sale of the Equity Interests of any such Person or a division or line of business of such Person), then for purposes of calculating compliance with the covenants contained in Section 6.12, and otherwise for purposes of calculating or determining the Leverage Ratio, Secured Indebtedness, Total Asset Value, Recourse Secured Indebtedness, Consolidated Fixed Charges, Consolidated Tangible Net Worth, Unencumbered Adjusted Net Operating Income, Unsecured Interest Expense, Unencumbered Properties and Unencumbered Asset Value, such calculations and determinations shall be made on a Pro Forma Basis.

  • Accounting Terms and Determinations Except as otherwise expressly provided herein, all accounting terms used herein shall be interpreted, and all financial statements and certificates and reports as to financial matters required to be delivered to the Lender hereunder shall be prepared, in accordance with GAAP.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!